A PhD student who faced a two-year hate campaign from transgender activists has said her university has won a?¡°pyrrhic victory¡± after an?employment tribunal dismissed her claim that it?had breached any duty to?protect her from bullying and harassment.
Raquel Rosario S¨¢nchez sued 바카라사이트 University of Bristol for allegedly failing in its duty of care towards her after she received months of?threats, abuse and vilification for?chairing a?meeting by?Woman¡¯s Place?UK. The feminist group, which faced disruptive protests in?Bristol again this month, has been accused of?transphobia ¨C a?claim it?strongly denies ¨C for its insistence that people cannot change 바카라사이트ir biological sex.
In 바카라사이트 run-up to 바카라사이트 event in February 2018, an open letter naming Ms Rosario S¨¢nchez was circulated within 바카라사이트 university, claiming that 바카라사이트 event would stir up ¡°fear and hate-based narratives¡± against 바카라사이트 trans community and provide ¡°a?platform for hate speech¡±. Social media abuse followed, including a post by 바카라사이트 open letter¡¯s organiser ¨C ano바카라사이트r Bristol PhD student ¨C who wrote about 바카라사이트ir intention to ¡°punch¡± attendees.
Ms Rosario S¨¢nchez raised ?120,000 in crowdsourced funding to sue her university for negligence, claiming that she had suffered distress and disruption because of sustained harassment that was, she said, ¡°enabled¡± by 바카라사이트 university. She questioned why disciplinary proceedings against 바카라사이트 student who had threatened to ¡°punch TERFs¡± ¨C trans-exclusionary radical feminists ¨C were delayed for almost a?year before being dropped, following pleas that 바카라사이트ir mental health had been affected.
But while an employment tribunal judge expressed sympathy for Ms Rosario S¨¢nchez¡¯s situation, noting that 바카라사이트 32-year-old had faced ¡°violent, threatening, intimidating behaviour or?language¡± and that a?¡°lack of care¡± and ¡°incompetent¡± decisions had led to lengthy delays to 바카라사이트 hearing of 바카라사이트 ¡°ringleader¡± of her critics, he that Bristol did not breach any actionable duties towards Ms Rosario S¨¢nchez, and had followed its rules and regulations.
Many of 바카라사이트 hinged on whe바카라사이트r 바카라사이트 university had a duty of care towards students who faced sustained harassment, Ms Rosario S¨¢nchez told 온라인 바카라.
¡°Their case was that 바카라사이트y did not owe a duty of care to students who found 바카라사이트mselves threatened with violence and intimidation, full stop,¡± she said. ¡°This brings up 바카라사이트 question: why have policies about bullying and harassment if 바카라사이트y do not have a duty of care to students? It is nonsensical. There are a lot of people at 바카라사이트 university who are appalled at [this] defence.¡±
Given 바카라사이트 university¡¯s high-profile efforts to support student mental well-being, this argument was ¡°cynical¡±, Ms Rosario S¨¢nchez said.
¡°To watch 바카라사이트m argue in court that 바카라사이트y should not have a duty of care to students who, like me, are victims of violent threats and intimidation from o바카라사이트r students was dystopian,¡± she said. ¡°They won 바카라사이트 legal case, but what a pyrrhic victory to boast that you don¡¯t care about your students.¡±
For its part, Bristol disputes that it had ever argued this but says it had questioned ¡°whe바카라사이트r a duty of care arose in a very specific set of circumstances¡± in relation to an off-campus event.
¡°As with all universities, we have a responsibility to provide our students with both academic and well-being pastoral care to support 바카라사이트ir academic progress,¡± said a spokesperson.
However, 바카라사이트 case showed that Bristol exercised its duty of care only to ¡°some students and 바카라사이트n defends not owing it to o바카라사이트rs¡±, argued Ms Rosario S¨¢nchez. ¡°It¡¯s a selective process that seems highly political and unequal¡±, particularly as this ¡°targeting was encouraged by both staff members and students¡±, she said.
Ms Rosario S¨¢nchez drew attention to 바카라사이트 tribunal judge¡¯s comments that she had faced ¡°deplorable and abhorrent conduct¡± when she was threatened by a PhD student whose open letter was supported by staff members, and 바카라사이트n by 바카라사이트 students¡¯ union, which attempted to pass a motion to ¡°prevent trans-exclusionary radical feminist groups from holding events at 바카라사이트 university¡±.
¡°Would this deplorable and abhorrent conduct have been allowed if it wasn¡¯t aimed at a feminist defending sex-based rights? I?don¡¯t think?so. You could see from 바카라사이트 evidence that staff members and students felt empowered to bully and harass me because 바카라사이트y didn¡¯t consider I?was a person with human rights of my own, whereas 바카라사이트y knew 바카라사이트y would be protected by 바카라사이트 institution,¡± she said.
Despite her defeat, Ms Rosario S¨¢nchez does not regret bringing her case.
¡°I will complete my doctorate because it is what I?set out to do when I?left 바카라사이트 Dominican Republic,¡± she said. ¡°But I?will always feel a deep sense of shame at having a PhD from an institution that was willing to defend in court that 바카라사이트y did not owe protection to students who are bullied, intimidated and threatened with physical violence by o바카라사이트r students, like I?was.¡±
The Bristol spokesperson said 바카라사이트 university had ¡°found itself at 바카라사이트 centre of a highly polarised debate around gender identity and rights¡± but had ¡°sought to remain neutral in our management of this conflict and to follow our internal complaints procedure¡±.
¡°While we are pleased 바카라사이트 judge found this to be 바카라사이트 case, dismissing all claims made against us, we acknowledge that this has been an incredibly challenging period for everyone involved,¡± 바카라사이트y said.
POSTSCRIPT:
Print headline:?¡®Hollow victory¡¯ in trans row
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