by Pheladi Sethusa | May 31, 2013 | News
Eyebrows have been raised sky high in response to a lunch hosted by lawyers investigating sexual harassment charges at Wits.
Lawyers from Bowman Gilfillan invited a group of the harassment “victims” to an intimate lunch at Papa Vino’s in Rosebank last week – a move that many are saying is a little out of kilter with professional practice.
Email invitation
The email invitation sent by Bowman Gilfillan said: “We thought it fitting to arrange a lunch for all students affected by sexual harassment at Wits where all of us can meet in an informal setting and provide support for one another.”
It was made clear they would not be asking any questions related to the various sexual harassment cases at the lunch.
The lunch by the firm might have been very innocent in its intent but the ethical implications need to be taken into account, according to some legal experts.
Ethical considerations
Dr Murray Wesson, lecturer at the School of Law, University of Western Sydney said the lunch was “in bad practice”.
“Lawyers should not confer with multiple witnesses at [pullquote]Lawyers should not confer with multiple witnesses at the same time about issues that may be contentious at a subsequent hearing.[/pullquote]the same time about issues that may be contentious at a subsequent hearing. The reason is that this may give rise to collusion or the appearance of collusion,” said Wesson.
Wesson said while the invitation states that people will not be interviewed at the lunch, it also says that students will be able to drive discussions with one another. His concerns are around the fact that in such a relaxed and informal setting, conversation could lead to the allegations of the various cases.
Wits Centre for Ethics director Professor Lucy Allias said she found the lunch “strange”. She added that she did not understand how the invitation could be considered appropriate.
She said: “It seems to me very strange to invite victims of a highly personal, potentially extremely traumatic kind of abuse to a joint social event.”
One of the students, or accusers, who was invited but did not attend said: “I don’t want to be with other victims, all of us sitting around and feeling sorry for ourselves.”
Response
Wits Vuvuzela contacted Kirti Menon to get the University’s comment, she said: “I don’t think the venue is relevant and at this stage in the university investigations I would not like to comment further.”
Wits Vuvuzela had been told that the sexual harassment cases are currently being wrapped up and the final reports will be out by the end of the month.
by Thuletho Zwane | Apr 13, 2013 | News
Four cases of sexual harassment in Faculty of Humanities are among those that are the subject of an university-wide inquiry by the law firm of Bowman Gilfillan.
“There are a number of cases being investigated by Bowman, four cases in the Faculty of Humanities,” Prof Libby Meintjes, head of the School of Literature Language and Media.
The inquiry follows allegations of sexual harassment against Wits staff members including suspended senior drama lecturer Tsepo wa Mamatu, former head of the political studies department Prof Rupert Taylor and former head of the media studies department Dr Last Moyo.
Meintjes emphasised that Moyo was on “special leave” and not “suspension”. “Dr Moyo has been placed on special leave with no access to the campus pending the investigation,” she said. [pullquote align=”right”]“Students, feel free to speak out openly, without fear.”[/pullquote]
She said Moyo has not been suspended, as there have not been enough formal complaints made.
Director of employee relations Elaine Milton told Wits Vuvuzela it is better for a staff member who is the subject of an investigation to be off campus while such an investigation is taking place.
Milton said proceedings were at a “very delicate stage” and she could not disclose the names of staff members involved as this will prejudice the investigation.
She said that “special leave” is a leave of absence without the loss of benefits or remuneration in order for the university to be able to conduct an investigation in an “unfettered” and an unhindered” manner.
Milton added that Taylor, who stepped down as head of the political studies department last year following sexual harassment allegations, has not been formally placed on special leave.
Meintjes stressed that students should not fear to come forward with complaints about sexual harassment. “If they take [their complaints] to the correct sources, to the correct persons, there will be no backlash,” she said.“Students, feel free to speak out openly, without fear.”
Dr Mehita Iqani, acting head of the department of media studies, said: “There is a lack of trust in the institution. I don’t think anyone should HAVE TO work in an environment where there is a sense of fear…Students need to know that if they have a complaint against staff confidentiality will be absolutely protected.”
University Registrar Kirti Menon said the university is hoping to receive feedback from the Bowman Gilfillan attorneys by the end of next week.
Meintjes said: “We are hoping it will be concluded very soon.”
“I don’t think we’ve heard the end of this.”
While the investigation into the sexual harassment allegations is being conducted, a separate inquiry into the university’s procedures for the reporting of sexual harassment is also taking place.
The vice chancellor’s office has asked Norton Rose Attorneys and the Centre for Applied Legal Studies at the university to conduct the inquiry into the university’s policies and mechanisms dealing with sexual harassment. This inquiry is expected to be concluded by August.
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