U of W admits its probe found ex-prof sexually assaulted employee, denies liability: lawsuit

In court documents, the University of Winnipeg admits its internal investigation found Derek Spencer, a former assistant professor, sexually assaulted a woman who worked there, but denies it is legally responsible for his conduct. (CTV News Winnipeg, University of Winnipeg)

The University of Winnipeg says its own investigation concluded a former professor sexually assaulted a woman who worked at the school, but denies it is legally responsible and wants her lawsuit dismissed.

In a statement of defence and crossclaim filed on Monday in the Court of King’s Bench, the university admits the woman complained that Derek Spencer sexually assaulted her. It also admits the investigation that followed concluded Spencer “behaved inappropriately and had sexually assaulted the plaintiff.”

The woman, whom CTV News is not naming, filed a statement of claim in October against the university and Spencer. It alleges Spencer pursued her romantically and placed a “date-rape” drug in her drink at a bar after a department Christmas party in 2019, before sexually assaulting her.

The claim alleges the university is liable for putting Spencer in a position of authority over vulnerable staff and students without adequate oversight, then letting him return after a suspension.

Meetup at bar was a ‘non-university event,’ filing says

In its statement of defence, the university denies it is liable for Spencer’s alleged actions. It says the alleged incident took place during “off-work hours and on premises over which the university had no control,” and that any attendance at the bar was “a non-university event that was neither known to the university nor sanctioned” by it.

The university says it has no knowledge of the alleged drugging or of what happened at the bar. It also denies it owed the woman a duty of care or a fiduciary duty.

It says she made no complaint to the university “such that it knew or ought to have known” Spencer was pursuing her romantically.

The university says it carried out its investigation in line with its policies and procedures and that action taken against Spencer was “in accordance with the relevant collective agreement.” The filing does not say what that action was.

It adds that if the woman takes issue with the process, her remedy was to file a grievance under her collective agreement, and that she “is estopped from seeking relief in the Court of King’s Bench.”

The university admits the woman was an employee at the time but denies she was a student, as her statement of claim alleges. It also says Spencer was an employee but denies he was her “mentor.”

Spencer joined the university in 2017, according to a university notice that listed him as an assistant professor in criminal justice at the time. He last appeared on the university’s schedule of compensation for the calendar year ending 2020, and the university does not list him as a current faculty member.

The woman’s lawsuit seeks $500,000 each in punitive and aggravated damages and $1 million in special damages, along with general damages.

In its crossclaim, the university says any losses were not caused by the university but resulted from Spencer’s actions, negligence or breach of duty. It seeks contribution and indemnification from Spencer for any damages and costs it is ordered to pay, plus interest and legal costs.

In a statement responding to the filing, Darryl Singer of Diamond and Diamond Lawyers, who represents the woman, said “the merits of my client’s case remain strong, as will be demonstrated when the case advances.”

A spokesperson for the university declined to comment when CTV News reported on the lawsuit in October.

Spencer could not be reached for comment, and he has not filed a statement of defence.

None of the claims have been tested in court.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres’ website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling.
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.