Dal appealing order to report and investigate sexualized violence: ‘Survivors’ voices deserve to be heard’

Dalhousie University is appealing an occupational health and safety officer’s order to “ensure that all incidents of violence, including sexualized violence, are reported,” documented and “promptly investigated to determine their causes and the actions needed to prevent a recurrence,” according to the Nova Scotia Labour Board.

And the Halifax school tried unsuccessfully to keep Jennifer Graves, a former employee and survivor of sexual violence who first complained about the problem, from participating in the appeal.

“The underlying proceeding is a pending appeal to the Labour Board by Dalhousie University of an order of an occupational health and safety officer, dated March 30,” Eric Slone, vice-chair of the labour board, said in a written decision.

The officer found Dalhousie’s sexualized violence policy contravened Nova Scotia’s violence in the workplace regulations.

‘Broader in scope’

The university argues that the occupational health and safety officer who made the order “failed to consider Dalhousie’s broader policies and procedures in dealing with the prevention of violence,” and “failed to recognize that the definition of ‘violence’ in the (sexualized violence policy) was broader in scope than the definition of ‘violence’ captured by the regulations.”

Slone has already granted Graves and the Nova Scotia Government Employees Union intervener status in the appeal.

“As a survivor of sexualized violence, I have deep concern and genuine interest over the subject matter of this proceeding and though I have been out of the workplace since the latter half of 2019 on long term disability, any possible future return to work with Dalhousie, will likely be impacted by the outcome, of this proceeding,” Graves told the labour board.

‘Meaningful, lasting change’ 

“Further, there will be psychological harm to me if I am precluded from participating and sharing valuable information for the board’s consideration. Survivors’ voices deserve to be heard by the people who hold the power to make meaningful, lasting, change.”

When all the parties involved tried to come up with an agreed statement of facts, Dal balked at several contributions from Graves.

“Dalhousie objects to the inclusion of three proposed paragraphs which reference incidents of sexualized violence experienced by Ms. Graves at Dalhousie in 2014 and 2015, and Dalhousie’s response to those incidents,” Slone said.

“Dalhousie submits that the proposed additions are irrelevant to the matter at hand and have no place in the statement of facts. Dalhousie therefore requests that the board refuse to permit their inclusion.”

‘No bearing or relevance’

Dal pointed out Graves “has not been actively in the workplace since 2019, nearly five years before the compliance orders under appeal were issued.”

The events Graves referenced happened eight or nine years ago “and allegedly have no bearing or relevance whatsoever on the issue of whether Dalhousie’s (sexualized violence policy) is compliant with the regulations,” the university argued, noting the policy didn’t come into force until 2018.

Graves complained to police in 2019 that she had been sexually assaulted by former Dal professor Ryan Matthew Pelis, in 2014 and 2015. Police charged him that same year, but the American citizen had already left Canada.

“The impugned paragraphs are to be included in the agreed statement of facts with an indication, by way of footnote or otherwise, that the appellant does not concede the relevance of these facts,” Slone said.

Nova Scotia’s Public Prosecution Service “thoroughly reviewed” the possibility of extraditing Pelis, according to Melissa Noonan, who speaks for the PPS.

“After an assessment of all factors that must be considered when contemplating an extradition request to the federal Department of Justice, the PPS concluded the circumstances do not justify a request for extradition,” Noonan said Tuesday. “Not every case where an accused is outside Canada warrants extradition proceedings. A warrant remains outstanding against the accused in this case — should he return to Canada, he will be arrested and prosecuted.”

‘A special perspective’

Graves is the only individual who has asked to participate in Dal’s Labour Board appeal, Slone said.

“And significantly, she is the person who instigated the complaint. She is a survivor of sexualized violence, which gives her a special perspective. Applying the test that I believe to be most appropriate to her involvement, a proposed intervener only needs to show that they have a genuine interest and be likely able to make a useful and different contribution.”

Some agreed statements of fact are terse, while others are far more extensive, Slone said.

‘As narrowly as possible’

“My sense is that Dalhousie is attempting to define the issues as narrowly as possible,” he said. “This ignores the fact that there are interveners who have been added because they have different perspectives on the issues.”

Graves was granted intervener status because “she is a survivor of sexualized violence, which gives her a special perspective. … (and is) likely able to make a useful and different contribution,” Slone said.

“Everyone involved in this case already knows that Ms. Graves experienced sexualized violence while working at Dalhousie in 2014-2015. Excluding this fact from the agreed statement of facts will not erase this knowledge.”