Cornell 7 case puts Canadian universities' duty of care in focus

The case, which is being referred to in shorthand as the “Cornell 7” case, has drawn widespread condemnation not only for the of the alleged sexual assault itself, the details of which are extremely violent and disturbing, but because of the response by Cornell University itself.

The former student, who is being identified only as “Jane Doe,” to protect her identity (though she has recently had identifying details including her address leaked online, according to the BBC), initiated the lawsuit following a lack of response by Cornell administration or police. Jane Doe says that she reported the sexual assault only two weeks after it occurred, but no charges were laid against any of the seven men accused following the investigation by Cornell police.

The New York Times obtained details of the “punishments” given to the seven men accused of the group assault, which many observers and advocates decried as woefully insufficient in light of the severity of the allegations. At least one of the accused was required to write an essay, and only two of the accused were expelled from the institution.

The issue of sexual assault and harassment at University does not only exist at American institutions; sexual assault and abuse is also a pervasive issue on Canadian postsecondary campuses.

Statistics Canada found that about one in every ten students who identified as a woman were sexually assaulted at a postsecondary institution in 2019 alone. Approximately 71 per cent of students reported having witnessed or experienced unwanted sexual behaviours at Canadian post-secondary institutions. As the Stats Can report notes, “Young women are consistently over-represented as sexual assault victims and this was reflected in the experiences of postsecondary students.”

Earlier this week, CTV News reported that a woman who formerly worked and studied at the University of Winnipeg is suing the institution for allegations that her former professor drugged and sexually assaulted her and the university failed to protect her. The woman says that she told the university’s department head about the sexual abuse and was told that the complaint would be investigated anonymously. The woman alleges that the university reported the incident to the university’s human rights department, which launched an investigation that revealed her identity, contrary to what she understood and hoped would occur.

The lawsuit out of Winnipeg serves as a poignant reminder of the ubiquity of sexual assaults and abuses on university campuses and should renew calls, especially in the wake of the Cornell 7 case, for Canadian universities and post-secondary institutions to implement effective, survivor-centred and trauma-informed systems for preventing and responding to sexual assault and harassment.

Further, the Cornell 7 case has renewed criticism about fraternities as “boys’ clubs” that can foster a misogynistic and sometimes violent culture. Greek life is also prominent in Canada and is not limited to the United Stated. Fraternities exist in varying sizes at most major Canadian universities and have been criticized for fostering a sexually abusive culture; for example, in 2018, Western University investigated allegations that a fraternity invited underage girls to parties, according to the CBC.

Universities and other post-secondary institutions have an obligation – legally, known as a “duty of care” – to their students to protect them from harm while attending the institution and physically present on campus. Universities can be held liable for failing to have proper safeguards to prevent sexual abuse from occurring. Universities need to appreciate and understand how to abide by this legal duty to protect students, staff and visitors to their campuses.

Canadian institutions cannot fall behind when it comes to having in place proper reporting mechanisms, intervention, and treatment options, or else their students and staff may suffer.