‘It doesn't matter because it didn't happen on campus’ McGill context limits scope of disciplinary actions Shrinkhala Dawadi & Julia Dick

Contributor & Editor-In-Chief On the night of Sept. 18, 2015, two McGill students went to a party in the Plateau, not a far walk. They were told about it by another friend, and decided to go after Blues Pub—the Engineering Undergraduate Society’s on-campus bar. It was a standard night at the start of the semester, and Anna* felt excited about her future. Would she apply to medical school or pursue a graduate degree? Would she look for a job or go travelling? As it is for any student in their final year, the future seemed wide open. On their way to the party, Anna and her roommate were harassed by a group of four or five men who began to catcall them as they walked by St.-Laurent. “I yelled something along the lines of, you know, ‘F off, leave us alone,’ as I have become accustomed to yell when men catcall me [....] And then one of them yelled very distinctly in a British accent, ‘Bitch, come here and suck my dick,’ and they were right behind us [....] I've been catcalled before, but this was like really aggressive. I would not normally engage to this extent. They were right behind us, so my roommate and I turned around and I had this kind of short verbal confrontation with this guy with a British accent.” The confrontation ended when Anna and her roommate broke away to take another route to the party. She described it as a typical McGill party, people streaming in and out of the apartment, and an indoor walk-up to the party itself. Anna’s roommate was the first to enter. Before she could follow up the stairs, Anna was blocked by the same man with the British accent who had catcalled them earlier. She later learned that this individual’s name is Conrad Gaysford, a current McGill student. At first, she didn’t realize that this was the same person, but when he demanded that they speak outside, she recognized him. She stepped back and asked what he wanted. “[I] distinctly remember there [were] two of them, [and Gaysford] just basically started screaming in my face [....] And initially I found it funny, to be completely honest with you. I laughed at the idea of someone yelling at me for having responded to being catcalled [....] At one point, he asked me to hit him. That's when it really clicked that this [was] a dangerous situation and we [needed] to diffuse this and get out of here [....] I shrugged, put my hands behind my back, and said, ‘I have no intention of fighting a man twice my size, this is not happening. I'm sorry for yelling at you.’ I distinctly remember [telling myself], 'You need to swallow your pride and get out of here, like who cares about the principle?' [....] He said, ‘No, admit you're a stupid bitch first.’ At which point, I was like, that's never gonna happen. I'm literally never gonna do that. And then he punched me in the face as hard as he could in the lower left side of my jaw. Knocked me out cold right away. I fell back into the street.” Unconscious, she fell back, striking her head on the pavement. “When I woke up on the ground I had no idea how long I was unconscious for [....] I was alone, I didn't know who the people were that found me, I don't know who called the ambulance. I don't know anything really about that period of time, which is really unsettling. And I immediately started vomiting, which I later learned [was] from the impact on my head. And when I opened my mouth, I felt my jaw, [...] and immediately it clicked like, oh, that person knocked my lights out.” Her roommate came down from the party after the ambulance was called. When she realized that it was Anna in the ambulance, she managed to get in, and together they went to Hôpital Jean-Talon. “I don't know how to describe that feeling of shame. Like it was my fault. And that day I was like, ‘If I'm ok tomorrow, I'm not telling a soul about this.’ And I still don't understand why I felt that way.” The hospital performed an X-Ray and a CT scan to determine that there weren’t any major breaks or bleeding. Anna was given a pamphlet with information on traumatic brain injuries, and was told to come back if she experienced any of the symptoms described. She went home the next day, still vomiting and bruised from the assault. “I don't know how to describe that feeling of shame. Like it was my fault. And that day I was like, ‘If I'm ok tomorrow, I'm not telling a soul about this.’ And I still don't understand why I felt that way.” At the prompting of her family, Anna and her roommate went to the Montreal police, who initially said that they would be unable to help without the name or another way of identifying the attacker. At first, Anna was disheartened by the police’s response, but eventually used social media to identify him. Through Facebook, they found out that he was enrolled at McGill. After providing the police with this information, they agreed to investigate. Three days after the assault, the severity of Anna’s symptoms had increased. She was vomiting, in severe pain, and unable to sleep or attend classes. The Montreal General Hospital diagnosed her with a concussion, or mild traumatic brain injury (MTBI), and was provided a referral brain injury clinic. She was put on two weeks of bed rest and told to remain in environments with low lighting and minimal stimulation. “At the end of [those] two weeks, I was improved but still having these persistent symptoms [....] I didn’t understand why I was having insomnia, didn't understand why I was still vomiting, and I attributed it to anxiety. Like my anxiety about school, about what happened, I was having nightmares about him [....] And this kind of carried on to the point where [...] it's like mid-October, I've been not really eating, not keeping things down. I've lost around 15 pounds.” Her voice broke for a moment, and she paused before going on. “Sorry, okay. Uh, it was so bad. And I realized I needed to go to the university [....] And I was so relieved to see that [Gaysford] was a McGill student because my immediate thought was ‘Thank God, if the police don't come through for me, McGill will. Like, they're pro-survivor, they're going to help me,’ like I genuinely felt relief.” "And I was so relieved to see that [Gaysford] was a McGill student because my immediate thought was ‘Thank God, if the police don't come through for me, McGill will. Like, they're pro-survivor, they're going to help me," Anna was told that the university was unable to initiate proceedings because the assault had not taken place within the McGill context. Later, in November 2015, Gaysford was arrested by the Montreal police, and formally charged with assault causing bodily harm and criminal harassment. The police also filed a restraining order against Gaysford on Anna’s behalf. Shortly after this, Anna went to the university for a second time, informed them of Gaysford’s arrest, and asked if formal disciplinary procedures could be initiated against Gaysford. Once again, she was told that the university was unable to take action. Anna’s symptoms did not improve as the months went by. Over the 2015 winter break, she saw a local physiatrist, a doctor who specialized in brain injury. “[The doctor] essentially sat me down and was like, ‘Look, you're not going back anytime soon. You need to drop out, and you're going to pursue full-time rehabilitation at home.’ And out of everything that had happened in the past four months, that was the worst thing because there was no end date [....] I was not going to finish my degree. I was not going to apply to medical school like I wanted. I was not going to do grad school, I was not going do any of those things because I could barely get myself to the bathroom.” Anna withdrew from full-time classes in January 2016 and was admitted to the brain injury outpatient rehabilitation program at Parkwood Hospital in London, Ontario. "Out of everything that had happened in the past four months, that was the worst thing because there was no end date [....] I was not going to finish my degree. I was not going to apply to medical school like I wanted. I was not going to do grad school, I was not going do any of those things because I could barely get myself to the bathroom.” “I have a very hard time explaining how devastating it was to go from four months prior, trying to think of what path would be best suited for me, [...] and then suddenly I'm sitting at this desk in a hospital being told the most effective way to get my groceries without getting lost in the grocery store, without forgetting what's on my list. And the really awful part is that was really happening to me. I tried to get groceries at Provigo—a grocery shop that I've been going to for four years—and I got lost [....] And it was compounded by the fact that he was still here. He was still here. He was going to classes, no problem, and I was sitting in a hospital in London and he had had very little repercussion.” "And it was compounded by the fact that he was still here. He was still here. He was going to classes, no problem, and I was sitting in a hospital in London and he had had very little repercussion."" Over the summer, Anna recovered enough to take a class at the University of Western Ontario. The process of having to learn how to study with post-concussive syndrome was excruciating. She had to re-build her tolerance to stimulation, studying five minutes at a time. Studying for too long would leave her vomiting, dizzy, and sick. It was a long process, but she gradually increased her tolerance. Ultimately, she finished the course at the top of her class. Determined to graduate as soon as possible, Anna re-enrolled in full-time studies at McGill in September 2016. The weeks leading up to her return to full-time studies were extremely challenging to her mental health. “The anxiety about coming back, being alone at school, knowing he was here, seeing him on campus, knowing that [...] there was little recourse. There was like no one for me to go to other than just calling 911 if something were to happen [....] It completely took over and I had a really horrible depressive episode [....] I don't even identify with that person because it seems so far removed from who I am [....] At the end of August, I saw a psychiatrist and I had to be medicated for my mood because it was completely out of control, and I'm thankful for that because it helps keep me steady now, I guess.”

The assault occurs and Anna is taken to Jean Talon hospital Sept. 18, 2015

Anna is discharged from Jean Talon Sept. 19, 2015

Anna and her roommate file a police report Sept. 20, 2015

Montreal General Hospitral provides diagnosis of MTBI Sept. 21, 2015

Anna meets with then-Dean of Students Andre Costopoulos September 2015

Following Gaysford’s arrest, Anna goes back to the Dean of Students November 2015

Anna withdraws from McGill University as advised by her doctor and is admitted to outpatient rehabilitation program January 2016

Anna enrolls in a summer course at the University of Western Ontario May 2016

Anna re-enrolls at McGill and takes 16 credits September 2016

Anna takes the conditions of Gaysford’s release and the restraining order to Dean of Students Christopher Buddle November 2016

Anna’s journey

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Mild Traumatic Brain Injury Since the initial ambulance, the costs have increased exponentially. To assist with attention and cognitive issues resulting from the concussion, she received a recommendation to acquire a frequency modulated (FM) hearing system the cost $4,000. Without this system, her return to full-time studies would have been unlikely. “[I] went to the hearing clinic where I had to get my hearing tested because I was having this horrible constant ringing in my ears, which can be a symptom of MTBI, and they basically told me that there's nothing we can do for it, you have to wait and hope that it goes away. But we really think that, if you're going to return to school, you need this hearing system because you have now this deficit where you can't filter out background noise and in a lecture setting it's going to be extremely difficult for you to focus without getting symptomatic.” The total out of pocket cost to date, even after seeking assistance from insurance companies, is over $8,000. Beyond the medical costs, Anna struggles to explain the consequences of MTBI to others. As an injury that relies mostly on patient-reported information, post-concussive syndrome is difficult to quantify. “After this type of injury, you still have a tolerance for activity, but it's just way lower than it used to be. So when my days used to be from 7 to 6, going to school, going to the gym, then doing this and doing that. Initially, in January [my days] were: Get up, take a shower, maybe get to a physio appointment, don't drive myself because I couldn't drive without vomiting, be driven to a physio appointment, and then come home and sleep, and I was exhausted [....] And so, the past year and a half of my life has been this like constant battle to push that tolerance up a little bit higher.”

Ambulance: $136.44



Lost tuition after withdrawing from classes in Fall 2015: $1,582.45



Flight home mid-semester in Fall 2015: $850



Foregone rent on her apartment after withdrawing from McGill: $675 per month, $2,700 overall



Physiotherapy treatment for her neck injury and concussive symptoms: $1,045



Psychotherapy as prescribed by her specialist at Parkwood Hospital: $2,560



Botox treatment to treat migraines: $852.10 per treatment



Frequency modulated (FM) hearing system to assist with attention and cognitive issues resulting from the concussion: $4,000



Total out of pocket cost to date: $8,000

The Courts In March 2016, Gaysford pled not guilty to all charges. As such, the case moved to trial proceedings, and Anna was summoned to court in April 2016 to testify as a witness. Anna described the proceedings leading up to the trial as extremely labour intensive on her part. Her prosecutor asked her to compile as much medical documentation of her condition and treatment following the assault as possible. At the April hearing, the defence objected that they had not had enough time to review the prosecution’s evidence, and the hearing was postponed to May 2016. Gaysford did not appear for his court date in May. After reaching out to the court herself, Anna was told that Gaysford was out of the country. Because of his absence, Gaysford’s court hearing was postponed for the second time to September 2016. After returning to school, Anna went to the next court date in September, almost a year to the day since the assault. While she was not called to be a witness, she wanted to make sure that he appeared in court. Ultimately, the attorney for the defence asked to postpone the case. The defence was granted a postponement until Nov. 25, 2016, and then until Nov. 29, 2016. Thirteen months after his arrest, and after four postponed hearings, Gaysford admitted guilt before the court on Nov. 29, 2016. The McGill Tribune acquired audio of the court proceedings, a portion of which is quoted below. The first person to speak is Elizabeth Corriveau, lawyer for the prosecution. The presiding Judge is the Honourable Louise Baribeau. Corriveau: It’s instigated by the group of young men, which Mr. Gaysford is a part of [....] It began with insults. Calling names like ‘bitch,’ ‘suck my dick,’ back and forth. The girls respond as well. They end up at the same party without knowing [...], where they see each other again, and to which, then Mr. Gaysford will ask [Anna] if she will fight him, which she will say no [....] She places her hands behind her back saying that she doesn’t want to fight him. And out of the blue, he will punch her to the jaw and she will fall to the pavement and hit her head. The injuries, your honour, are quite serious and severe. She will be diagnosed with brain trauma, severe concussion, a fracture to her jaw [....] She will have amnesia, she will have to stop her studies for quite some time. At this point, there is a discussion over auxiliary facts of the case. Gaysford’s defence attorney states that Gaysford does not recall Anna placing her hands behind her back and saying that she will not fight him. The defense lawyer reads out the conditions of Gaysford’s release. Defense Lawyer: Mr. Gaysford you heard the facts? Gaysford: I did, yes. Defense Lawyer: And you admit that that's how all of this happened? Gaysford: I agree with it, your honour.

Gaysford is arrested at McGill University November 2015

Gaysford pleads not guilty Dec. 2, 2015

Gaysford formally enters plea of not guilty Mar. 26, 2016

Anna attends Gaysford’s court date Sept. 19, 2016

Gaysford admits to the facts as presented in court Nov. 29, 2016

Date of Gaysford’s next appearance in court May 26, 2017

Court Proceedings

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