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A woman who says she studied and worked at the University of Winnipeg is suing the school and a former professor, alleging she was drugged and sexually assaulted and that the university failed to protect her.
The statement of claim was filed Oct. 9 in the Court of King’s Bench of Manitoba and names the University of Winnipeg and Derek Spencer as defendants.
According to the claim, the woman, whom CTV News is not naming, moved to Winnipeg from the United Kingdom in 2019 to study at the university, where she also worked as a teaching assistant.
It alleges Spencer was her professor and mentor and that he began showing romantic interest in her, causing her “significant discomfort.” The claim says she told Spencer she had a partner, who also worked at the university, and wanted only friendship.
The filing claims colleagues reported Spencer was asking about her partner and searched for the partner on the university’s website. It also alleges Spencer told colleagues the two were a “cute couple” and had been on a double date together, which the claim says never happened.
‘Date-rape’ drugging at bar, lawsuit alleges
Later that year, the claim says the department held a Christmas party for teachers and graduate students. Both the woman and Spencer attended and agreed to go to a bar afterward.
“[The woman] was under the impression that she had established a clear friendship with the assailant over the course of the semester, and that other colleagues would be attending the bar with them,” the filing says.
“Upon arriving at the bar, she realized that none of her colleagues had joined them, and she was isolated with the assailant.”
The statement of claim says she went to the bathroom and returned to find Spencer had ordered them each a shot. She did not know when the drinks arrived or how long they had been on the table, the claim says, and she took the shot with him.
After that, her recollection of the evening “became fragmented,” it says. The filing alleges she felt “extremely tipsy, nauseous and hazy,” and that she knew her limit and had not had enough alcohol to feel that way.
It says she then recalls him “kissing her, touching her breasts and buttocks” before she eventually fought him off and asked, “What the hell are you doing?”
According to the claim, she went to hospital the next morning, still in shock, and was placed on an IV drip. It says tests to determine whether she had been drugged were inconclusive because of the time that had passed.
The claim alleges Spencer “secretly placed a date-rape drug in her drink without consent” and sexually assaulted her while she was in an “altered and vulnerable state.”
“While at the hospital, [she] felt extremely ill, could not digest any food, could not move, and was vomiting the entire day,” the filing says.
Lawsuit alleges internal investigation found sexual assault
The woman later told the university’s department head about the incident, the filing says, and was reassured the complaint would be investigated anonymously.
It says she had finished teaching for the year and asked a colleague to cover her shift so she could leave early and return to the United Kingdom. She then learned the department head had reported the incident to the university’s human rights department, which launched an investigation and revealed her identity, contrary to her request.
“The investigation revealed that the assailant has behaved inappropriately and sexually assaulted her. Despite these findings, the university only suspended the assailant,” the filing says. “Upon conclusion of the suspension, the university allowed him to return.”
The claim says that after the alleged assault, she was told Spencer was a convicted sex offender before he was hired by the university. It alleges a senior staff member alerted the university, but “the university failed to take any steps to protect the assailant’s colleagues and students.”
University of Winnipeg spokesperson Caleb Zimmerman declined to comment, citing that the matter is before the courts.
Spencer joined the university in 2017, according to a notice from the university, which listed him as an assistant professor in criminal justice at the time. The profile says he holds a bachelor of arts, juris doctor and master of laws from the University of Victoria.
It says a predominant theme in his work involves “the role of hope in the criminal justice system,” along with research in the areas of criminal law.
A University of Winnipeg webpage also says he won a faculty award in 2018 for research excellence.
Spencer 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 claim alleges the loss of the woman’s anonymity during the internal investigation caused further trauma, saying members of the university confronted her and questioned her about the assault. It also says her reputation was “tainted” and that peers treated her differently.
It says she now lives in the United Kingdom and that the assault has damaged her ability to form intimate relationships, particularly with men in positions of authority, and has affected her job performance.
“She has been severely traumatized by the sexual assault, which could have been prevented had the university protected her wellbeing and safety,” the filing says.
It alleges the university is vicariously liable for Spencer’s conduct and was also negligent and breached a fiduciary duty. The statement of claim also says she now suffers from suicidal ideation, anxiety, sleep disturbances, post-traumatic stress and lost employment opportunities as a result.
The claim seeks general damages, $500,000 each in punitive and aggravated damages, and $1 million in special damages, including future care costs. It also seeks interest and legal costs.
CTV News asked the Winnipeg Police Service whether a report had been filed or an investigation had taken place. Const. Stephen Spencer, a spokesperson for the service, said he was unable to locate any information related to the matter.
Derek Spencer could not be reached for comment.
None of the claims have been tested in court, and no statement of defence has been filed.
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: +1 866 925 4419 or +1 800 721 0066 (24/7)
- Toronto Rape Crisis Centre crisis line: +1 416 597 8808 (24/7)
- Canadian Human Trafficking Hotline: +1 833 900 1010 (24/7)
- Trans Lifeline: +1 877 330 6366
- Suicide Crisis Helpline: call or text 988 (24/7)
- Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: +1 844 750 1648
- Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.
