Case Study: Sexualized Violence

Content Warning
This case contains discussions of sexual violence, which may be distressing to some readers. Please engage with the content at your own discretion and consider seeking support if needed.

 

By Pankhuri Kumari, Priyanka Rathi, Reshma Santhakumari, and Elizabeth Tirado.


Stephanie Hale’s Journey: Overcoming Adversity in the Pursuit of Education

Education is a universal aspiration that empowers both individuals and society. Higher education, in particular, represents a pathway for those eager to broaden their horizons, realize their dreams, and soar to greater heights. Stephanie Hale was one such student, driven by her desire to become an engineer, support her family, and contribute to her nation. Enrolling as an engineering student at UBC Okanagan, she set out to bring her dreams to life. Yet, life had different plans in store for her. Her dreams were shattered when her classmate, Ethen Palmiere, sexually assaulted her after a party, leaving her with deep mental and physical trauma. Though she reported the incident to university officials, it took three years for them to inform her of the complaint process, providing no guidance in the meantime. Moreover, Hale’s forced interactions with her assailant severely impacted her mental health. Four years later, she challenged the university’s reporting procedures and filed a discrimination complaint with the B.C. Human Rights Tribunal, which she won. This case is notable for the court’s decision to acknowledge Hale’s voice years after the incident, highlighting the challenges she faced at the university.

An examination of the case history highlights that University President Mr. Stephan Toope, along with the dean to whom Hale reported the assault, failed to offer her the essential support and guidance required during the complaint process (Benedet et al., 2016; Ehrich, 2012). As educational leaders entrusted with fostering a safe and inclusive campus environment, they not only let Hale down but also failed the broader student community.

Impacts and Implications

This case prompts critical reflection on the responsibilities of educational leaders and institutions. What role should universities play in ensuring a secure and supportive environment for their students? How can leaders effectively address and support students during such crises? Furthermore, this case provides valuable insights into the ethical dilemmas faced by educational leaders when addressing sensitive and high-stakes issues. As Hutcheson and Lewington (2017) highlighted, numerous policies complicate the process for students to report sexual assault, including intricate legal requirements, unclear reporting mechanisms, and varying institutional responses across countries. In this case, it becomes evident that the leaders failed to uphold the core ethical principles of their profession—ethics of care, community, and justice. The lack of prompt and effective action to address Stephanie Hale’s complaint demonstrated a significant breach of ethical standards. By failing to create a supportive and safe environment, they neglected the ethic of care, which prioritizes the well-being and dignity of individuals under their leadership. Similarly, their inability to foster a sense of trust and inclusivity within the student body reflects a disregard for the ethic of community. Lastly, the leaders’ inaction or mishandling of the case compromised the ethic of the profession, which obligated them to act in ways that safeguarded the rights and interests of students. Examining official statements that downplayed the severity of the issue, reveals the shortcomings of existing policies and contributes to silencing the voices of those who lodge complaints (Hibberd, 2017).

The ripple effect of these ethical failures in decision-making affects not only the individual student but the entire student body, diminishing trust in institutional systems and potentially deterring others from reporting misconduct. Such neglect risks creating a culture of silence and impunity, further jeopardizing the educational environment.

Analysis of Leadership Decision: Ethical Principles and Leadership Failures

In Stephanie Hale’s case, the university administration—especially the dean and President Stephan Toope—failed to respect the fundamental ethical values of fairness, compassion, and professional accountability, which are crucial when dealing with delicate subjects like sexual assault. Hale was denied timely access to justice and a fair grievance procedure by the leadership, who failed to assist her in interpreting university policies and delayed informing her of the complaint process for three years. In addition to ignoring the ethic of care, their inaction demonstrated a lack of empathy and a disrespect for Hale’s well-being by forcing her to make contact with her attacker in joint classes: leaving her to suffer from severe trauma without institutional help. Furthermore, by neglecting their professional responsibility to maintain a safe and inclusive environment, the leadership eroded trust within the institution, underscoring a profound ethical failure in their duty to protect and support students.

Critique of the Decision-Making Process

The decision-making process was marked by a lack of transparency, bias, and an absence of ethical reasoning.

  • Bias and Assumptions. The leadership likely operated under implicit biases that deprioritized the severity of Hale’s experience or assumed the status quo was sufficient to address it. These biases perpetuated a culture of inaction.
  • Gaps in Reasoning. There was a clear failure to assess the long-term consequences of neglecting Hale’s case. The leadership did not account for the mental health implications of her repeated interactions with her assailant, or the broader community trust eroded by inaction.
  • Failure to Act. The leaders’ passive approach reflected a reactive rather than proactive stance, ignoring the ethical responsibility to ensure justice and care for survivors of assault.

Short-term and Long-term Impacts

  • On Stephanie Hale. The immediate impact resulted in mental and physical trauma, compounded by the leaders’ failure to provide guidance. In the long term, Hale faced severe psychological repercussions and lost trust in institutional systems.
  • On Other Students. Female students, in particular, experienced a loss of trust in campus safety and leadership, potentially deterring them from reporting similar incidents. This created a chilling effect, perpetuating a culture of silence around sexual violence.
  • On Faculty and Leadership. The university’s credibility and reputation suffered significantly. Faculty members may have experienced decreased morale, questioning whether their administration prioritizes ethical leadership.

Dominant Ethical Frame of Leadership

The dominant ethical frame guiding the leadership appears to be consequentialism, though it was applied poorly. Leaders may have assumed that avoiding immediate action minimized conflict and institutional backlash. However, their inaction demonstrated a flawed understanding of long-term consequences, as their decisions prioritized administrative convenience over the well-being of students. Evidence supporting this argument include:

  • the protracted delay in informing Hale of the reporting process highlights a disregard for procedural justice (Smith & Brown, 2018); and,
  • the absence of measures to ensure Hale’s mental health and safety during shared classes illustrates a lack of care (Taylor, 2019).

Critical Analysis through Multiple Ethical Lenses

The Stephanie Hale case highlights major leadership shortcomings at UBC Okanagan that can be analyzed from the perspectives of professional ethics, community ethics, and justice ethics. Each viewpoint offers a different set of insights and criticisms into the leaders’ choices and a more thorough comprehension of the moral conundrums at play.

Ethic of justice

From an angle of the ethic of justice, Hale’s legal and moral rights were gravely violated by the leaders’ actions—or lack thereof. Equality, impartiality, and the guarantee that people obtain the rights and remedies guaranteed by laws and policies are all necessary for justice. The three-year gap in educating Hale about the complaint procedure and the absence of proactive advice in this instance constituted a systemic denial of procedural justice. Hale’s anguish was further exacerbated by being made to attend lessons alongside her attacker, which showed a lack of respect for her right to safety and dignity.

Stewart (2023) addressed the issue of the ethic of justice by exploring how the acceptance of rape myths and sexism impact the perception and treatment of women who have suffered sexual assault. Stewart critiqued social norms and stereotypes that perpetuate distrust towards victims and hinder their access to justice. The leaders’ disregard for these problems compromises the fairness standards that ought to guide institutional decision-making. The institution’s responsibility to provide fair treatment for all students and to aggressively address sexual abuse is highlighted by Hale’s eventual triumph before the British Columbia Human Rights Tribunal. The university’s failure to offer survivors of sexual assault with timely and easily accessible justice processes is criticized via this lens.

Ethic of community

Community ethics place a strong emphasis on connection, communal well-being, and the duty to foster trust. Hale’s story demonstrates a violation of fundamental moral obligations. In addition to harming her personally, the absence of institutional support damaged the confidence of other female students in the university’s capacity to offer a secure environment. The leadership undermined the social cohesion of the university community by neglecting to cultivate an atmosphere of concern and responsibility. The B.C. Human Rights Tribunal said in its ruling that the university’s method of investigating non-academic misconduct exacerbated Hale’s post-traumatic stress disorder and caused her harm to the point that she could not participate in the process (Greer, 2023).

The greater consequences of poor leadership are revealed under this lens, because the case sent a message to other students that their safety and concerns may be overlooked as well. Hale’s situation is not only an injustice to one person but also to the entire community. A vibrant academic community depends on mutual respect and a sense of belonging, both of which are threatened by this neglect. Using this perspective highlights the necessity for open policies that put the welfare of all members first and criticizes the leadership’s inaction as a breach of their ethical obligations to the community.

Ethic of the profession

The focus of professional ethics is on leaders’ responsibilities to uphold the competence, honesty, and accountability norms that are inherent in their positions. It is the professional responsibility of university administrators to make sure that institutional rules and procedures safeguard students and promote an atmosphere that supports education and individual development. The leaders’ behaviour violated their duties by disregarding Hale’s complaint and neglecting to provide suitable support and reporting channels. According to Marley (2019), educators and institutions alike must implement ethical practices that prioritize the safety and well-being of victims, ensuring a supportive and respectful environment. Professional ethics is defined as the responsibility of educational institutions to proactively address rape culture and sexual violence. The leaders’ inability to serve as ethical role models is likewise criticized by this lens. Professionals have a duty to act decisively and compassionately in ethical situations, yet the leadership’s inaction caused harms to continue. This perspective on the issue emphasizes how important it is for leaders to uphold moral standards and put in place strong safeguards against repeat occurrences of the same mistakes.

Comparative Perspectives

The ethic of community emphasizes how leadership choices affect relationships and society, whereas the ethics of justice concentrates on individual rights and procedural fairness. On the other hand, professional ethics criticize violations of professional obligations and standards. When combined, these viewpoints highlight how complex the moral conundrums is Hale’s situation are. Professional ethics demands accountability and integrity in leadership, community ethics calls for the restoration of trust, and justice stresses systemic improvements. Leaders can create more thorough answers to difficult problems and obtain a more comprehensive grasp of their ethical obligations by combining these viewpoints.

Alternative Solution

In the Stephanie Hale case analysis, a notable lack of support from the university and some entities that did not provide the necessary tools to establish adequate and appropriate measures is evident. For this reason, it is required to integrate, through ethics, comprehensive solutions that promote safety, respect, and well-being in educational institutions. The ethic of the profession, ethic of justice, and ethic of community must be considered in this case. Under this framework, universities must establish solutions and proposals that are implemented, disseminated, and last over time.

After analyzing the case, one potential alternative solution is that when Stephanie Hale reported the incident, the authorities could have provided her with adequate resources and support to proceed with the case effectively. The news article and court ruling reveal that the Dean and the President failed to assist or facilitate access to university resources that could have helped her manage the situation (Hale v. University of British, 2018). Moreover, the authorities forced Stephanie to share classroom space with the assailant, significantly exacerbating her mental trauma. These circumstances could have been avoided if the Dean had acted with professionalism and ethics by appointing an internal inquiry board to investigate the matter thoroughly. Such a board could have confidentially gathered testimonies from the victim, the assailant, and witnesses, ultimately arriving at a well-informed decision. In the meantime, the Dean could have exercised their authority to ensure that Stephanie and the assailant did not share the same space. For instance, the assailant could have been required to attend classes online until the inquiry was concluded.

After the inquiry, since the assailant was found guilty, the university could have escalated the case to government authorities and relevant agencies as per its policies and procedures. Additionally, they could have advised the student to report the incident to the police for further investigation and action, supported by the findings of the internal inquiry report. This approach would balance considerations for both the victim and the assailant while addressing the severity of the offense. Given that the sexual assault was intentional, reporting the assailant is essential to prevent similar incidents in the future and to foster a safer university environment. Such a decision would have strengthened students’ trust in the university, demonstrating its commitment to accountability, safety, and justice.

Author’s Positionality Statement

Reshma Santhakumari Isman

In this case, I analyzed the situation through the lens of both an international student and a mother, adopting an ethical approach rooted in professionalism and empathy. While I recognize the potential for biases that may lean toward the victim’s perspective, I made a conscious effort to critically assess the university’s decisions, the mental and physical trauma Stephanie Hale endured, the significant changes in her life following the incident, and the constraints of university policies. My personal and professional values prioritize maintaining professionalism, taking responsibility for decisions, and consistently advocating for constructive criticism.

Pankhuri Kumari

My focus on procedural justice and community trust in this case is shaped by my leadership and educational backgrounds, which place a strong emphasis on cooperation and equity. This could, however, influence me to favour systemic remedies over temporary solutions. My understanding of the interconnected duties of leaders, emphasizing the necessity of integrity, inclusivity, and justice, has grown as a result of engaging with various ethical lenses, such as ethics of justice, ethics of community, and ethics of profession.

Elizabeth Tirado

My life experiences in Colombia, a country marked by gender violence and genocide, have shaped my sensitivity to power dynamics, structural inequalities, and the protection of vulnerable groups. My academic training in psychology provides an ethical perspective focused on the emotional well-being of victims and the impact of trauma, although it risks prioritizing individual needs over institutional demands. This perspective leads me to criticize leaders’ decisions when empathy and support for victims seem overshadowed by institutional prestige.

Priyanka Rathi

With 12 years of experience working with young children, I am committed to fostering safe and supportive environments. This background shapes my view of Stephanie Hale’s case, emphasizing justice and compassion while criticizing delays in leadership action. Though I understand leadership challenges through ethical lenses, I prioritize proactive responses that safeguard well-being and build trust in institutions.

Diverse cultural backgrounds, ethical perspectives, and personal and professional codes of ethics enabled us to critically examine this case in depth with an eagle’s eye and identify some practical and feasible solutions.

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