$110K awarded in student defamation case

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This article was published 28/10/2019 (2165 days ago), so information in it may no longer be current.

A former University of Manitoba graduate student has been awarded $110,000 in damages, after a judge ruled another student had defamed her with false accusations she had been carrying on a sexual relationship with a faculty member.

Both Iran Rashedi and the person spreading rumours about her, Dina Johar, were from Iran and had moved to Winnipeg, where, in 2006, they were each taking graduate studies in biochemistry and genetics.

“I am satisfied… (Rashedi) felt shame, embarrassment and extreme upset by virtue of the defamatory statements,” Queen’s Bench Justice Joan McKelvey said in a written decision earlier this month following a trial.

“Such statements may well have damaged the perceptions of her academic successes as being through her relationship (with the faculty member) and not on her own merits.”

A civil trial over the matter was heard in September. Johar, who is now living in Egypt, did not attend.

Court heard Rashedi’s and Johar’s relationship had been limited to school-related email exchanges when, around April 2006, Johar told two lab co-workers at the university a supervisor was paying extra attention to Rashedi and had provided her with extra equipment, including a computer. One of the co-workers advised Rashedi of the allegations, which she denied.

The lab supervisor left the lab in the spring of 2007, amidst rumours involving Johar, who left around the same time, McKelvey said.

In September 2007, another student told Rashedi that Johar had told her Rashedi and the lab supervisor had been or were in a sexual relationship and Rashedi had received special treatment as a result.

“This disclosure, again, upset and shocked (Rashedi), who denied the allegations. The raising of a sexual relationship engendered shock, fear and embarrassment and was regarded as a negative attack on her character,” McKelvey said.

Court heard Rashedi isolated herself from others, fearing no one would believe her denials of a sexual relationship with the faculty member, and in 2008 moved to Toronto to resume her studies — a move that brought with it higher tuition and living expenses.

“(Rashedi) testified that the statements made by the defendant were rendered more significant because of her culture and background,” McKelvey said. “She has been burdened with these allegations and feels she can never prove that they did not happen.”

As an Iranian Muslim woman, Rashedi would have been especially sensitive to accusations of sexual impropriety, said a University of Winnipeg religious studies professor who provided an expert report to the court.

“In cultures that tend to emphasize the importance of honour more prominently, women tend to be the bearers of a family’s honour, and sexual impropriety is thought to dishonour not only the woman, but her family as well,” said W. Rory Dickson.

“Her decision to leave her studies at the University of Manitoba can be considered an anticipated and reasonable reaction to the dissemination of an accusation of a sexual relationship outside of marriage.”

McKelvey said she was satisfied Johar’s conduct “was motivated by actual malice,” and she had taken several steps to delay court proceedings. In addition to the monetary award, McKelvey ordered Johar provide a written apology to Rashedi retracting the defamatory statements.

dean.pritchard@freepress.mb.ca