Steven Galloway

I am heartbroken that these writers, so many of whom teach, have chosen this self-serving, old boys’ club denial. Signed by writers who posted “I believe Lucy,” this letter represents the wrong side of history. It values keeping a powerful man safe when others are not. It re-shames and re-silences his accusers. It’s anti-feminist and anti-union. It would hand employers the right to publicly shame and silence employees. It makes it harder for all Canadians to come forward. In short, these writers have misused their voice and platform. A mistake of misguided friendship is still a mistake.     – Deborah Palmer

In November 2015, on the basis of a series of complaints, Steven Galloway was suspended with pay from his position as professor and director of UBC’s Creative Writing Program. And after an internal UBC investigation led by Mary Ellen Boyd, a former B.C. Supreme Court judge, Galloway was dismissed in June 2016.  The November 2016 open letter in defence of Steven Galloway was signed by some of Canada’s most famous writers is here. Zoe Todd protests the “CanLit heavyweight” lack of insight into the UBC process and the victim’s perspective  here : “Well, I hope that Canadian Literati remember the incredible burden of proof that is put upon survivors of sexual harassment, sexual assault, and harassment or bullying in the workplace. There is a reason that up to 2 out of 3 rapes goes unreported:  https://www.rainn.org/statistics/criminal-justice-system ” 

A criminal case is quite separate. In a criminal court you must determine the judgment according to the beyond a reasonable doubt criteria. In a university it can be balance of probabilities (like in civil cases – remember OJ Simpson won his criminal case and then lost the civil case.) In cases like sexual assault etc where the offence often happens in isolated circumstances without witnesses, the balance of probabilities can make use of comparative evidence between victims etc. So can the criminal courts but with the whacking of witnesses that happens there, multiple victims can be disqualified for talking with each other, for instance – in Margaret Atwood’s words, you can’t trust women in groups who lie.

Karen Connelly writes in response to Deborah Palmer’s letter below: “She asked him to retract his statement. ” nue to speak the truth and I refuse to be intimidated into silence.””

What follows is Deborah Palmer’s excellent facebook post on November 17, 2016. I reproduce it with her position. Palmer sets out the potential harm and the limits of the letter from some Canadian writers:

As a writer, a 23-year high school teacher, OSSTF Branch President and union activist, this is my reply to the Steven Galloway #ubcaccountable letter. It dismisses labour and privacy law. It insults the democratic due process of unions. It sets up a court of celebrity and demands a dangerous precedent: the release of private information that would erode Canadian rights and freedoms.

To recap: Last November, in accordance with labour law and his collective agreement, Mr. Galloway was suspended from his position as acting chair of UBC Creative Writing. In such a high-profile case, I expected a media Ghomeshi, expected Mr. Galloway, his Faculty Association, and hot-shot lawyers, to swarm the media. They did not. Instead, silence fell.
For seven months, Mr. Galloway’s case was reviewed by a retired judge, the Arts dean, and UBC president. Reviewers met with Mr. Galloway and his accusers. Some accusations were dropped. One was not. With the on-going consult of his Faculty Association, he did not dispute the report.

In June, he was fired for “Breach of Trust” as clearly defined by contract and legislation. The lack of criminal charges is irrelevant. Educators all know they are held to a higher standard. All reviewers of the evidence agreed: the breach warranted termination. The CBC confirmed it termination with cause. Without severance. Without a departure package. Neither Mr. Galloway nor his Faculty Association protested or grieved these decisions. He remained silent.

This week, UBC confirms Mr. Galloway has changed his mind and filed a grievance. Having seen many through the grievance process, I question his lengthy silence and delay, but I respect his union-won right to file at any time, just as I respect the union process that produced his dismissal. In March, his grievance will be heard by an independent arbitrator mutually chosen by UBC and Faculty Association counsel acting on Mr. Galloway’s direction and behalf. As a life-long unionist, I do not always agree with an arbitration, but I deeply respect the contractual process and the generations of unionists who fought for it for all of us.
Who doesn’t? Mr. Galloway’s friends. By no coincidence, their letter, exactly coincident with the new grievance, is signed by many of the same friends who rose up to declare his innocence before due process even began, many in the first 24 hours when the story broke last year.
Let’s be clear. No one uses the word “rigged,” but when high-profile wordsmiths call a process “unsubstantiated” and “flawed” we all know it means they disagree with the result. In hypocritical irony, they demand a new “due process,” one that would over-ride a judge and an historical and respected contractual dispute process bound by law and the Charter of Rights. They imply that Mr. Galloway is innocent. That we should value him over over his accusers. That he’s “the real victim.” That he should be exonerated, if not compensated and/or rehired. In the smug middle-class bias of the self-employed, the letter sounds authored by those who have never read, attended, fought for, or gone on strike for, a union vote, but still have the disrespectful gall to call the union process “flawed.” Aka, wrong. Inferior. Invalid.
I’m deeply disappointed by writers who take it upon themselves to decide for, and speak for, the literary community. Without permission. Without evidence. With no credentials but a personal friendship with the accused. Writers who claim to value due process did not use it. They did not draft a public petition for all writers to consider. They signed a clandestine group-mind dispatch. They substituted their literary celebrity for our democratic literary community.
Since they’re claiming insufficient evidence for a fair decision, how do they make their judgement? Based on their own celebrity. If “the stars of Can Lit” know Mr. Galloway for “a good writer and a good guy,” of course that should carry more weight than the testimony of his accusers and a seven-month union process. They don’t need a Faculty Association. Or a contract. Or decades of labour and privacy law. They call for their own new process precisely because they don’t like the outcome of union due process. Either they don’t understand it, consider themselves above it, or both.
They prove it by demanding a dangerous precedent: the release of private information. What an ill-conceived request. We weren’t there. We don’t know what transpired with students or co-workers. Nor should we. It’s not our business. It would violate the rights of accusers and accused, Such details cannot be made public unless Mr. Galloway waives his right to privacy which he has not done. With advice of union counsel, he has signed a non-disclosure agreement.
In the bigger picture, the details of any dismissal in any union in Canada, are never made public. For good reason. This privacy is a hard won right of decades of unionists. Can you imagine a country where employers could release any and all details of a grievance or dismissal? That’s Trump heaven. No one would ever file a grievance again. This is exactly the over-turning of privacy and labour law that the short-sighted signatories of this letter demand.
It must be asked: does this letter question “flawed process,” or is it designed to affect the next process? This letter comes a year after suspension and five months after firing, but coincident with the new grievance. Is it a well-timed attempt to sway its outcome? To try it in the court of public opinion first? Is it anti-democratic meddling and muscle flexing?
I hope not. I respect these writers and consider some my friends. I want to believe they are simply misguided. At best they remind me of the heartbroken Whoopi Goldberg defending Bill Cosby because she simply couldn’t believe another artist, a friend and mentor, one of her own, could be an abuser. At worst, they evoke Shaw: that patriotism is the belief that one country is the best simply because you were born in it. Canadians revile Trump, but a post-truth elevation of celebrity over fact is a step in his direction. Just ask Newt Gingrich and Mayor Giuliani. Trump can’t possibly be an abuser because “he’s a good colleague and a good guy,” and hey, they know him personally.
I am heartbroken that these writers, so many of whom teach, have chosen this self-serving, old boys’ club denial. Signed by writers who posted “I believe Lucy,” this letter represents the wrong side of history. It values keeping a powerful man safe when others are not. It re-shames and re-silences his accusers. It’s anti-feminist and anti-union. It would hand employers the right to publicly shame and silence employees. It makes it harder for all Canadians to come forward. In short, these writers have misused their voice and platform. A mistake of misguided friendship is still a mistake.
I respectfully ask all signatories to retract their endorsement of this letter. I call on all members of the literary community and all concerned Canadians to denounce it. Friends don’t let friends discredit democratic due process. Friends don’t let friends drive rape culture.