By Patrick Burles - @PatrickBurles on Twitter

Four women’s Pronghorn players suing U of L, two employees for harassment, negligence

Aug 23, 2018 | 2:55 PM

LETHBRIDGE – Four women are suing the University of Lethbridge, Sport and Recreation Services Executive Director Ken McInnes, and women’s Pronghorns hockey coach Michelle Janus, in relation to complaints that were levelled against the coach that went public earlier this month.

The Statement of Claim was filed Aug. 21 in Court of Queen’s Bench in Lethbridge by plaintiffs Olivia Alexander, Alannah Jensen, Chelsea Kasprick and Brittney Sawyer.

In court documents obtained by Lethbridge News Now, the women are claiming damages in excess of $1.1-million, saying they were “subjected to the harassing and demeaning conduct, representations, omission and/or negligence of McInnes and Janus,” while playing for the Pronghorns.

“The Defendants harassed and bullied the Plaintiffs by engaging in threating [sic] and intimidating behaviours, not providing them proper care, calling them names and suggesting they were mentally unstable on a daily basis,” the document goes on to state.

They claim Janus made abusive remarks to players and allowed bullying on the team. One player alleges that it was suggested to her that she not undergo shoulder surgery, and when she did, she felt rushed to play again for fear of being cut or having ice time limited and was told not to mention or talk about her shoulder. They state that they were in a vulnerable position, as Janus controlled their ice time and whether they would play in certain games at all.

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In regard to McInnes and the University, the players say concerns had been raised on multiple occasions dating back to 2015 and that not enough was done to remedy the situation – namely the termination of Janus as head coach. They say the U of L also breached its contracts with the players by failing to maintain an environment free from discrimination, bullying and harassment.

They also provided a list of damages, saying they now suffer from a number of serious and long-term issues, including physical, psychological and emotional harm and/or distress; depression; post-traumatic stress disorder; panic attacks; headaches/migraines; insomnia; and loss of desire to play sports, specifically hockey.

The Statement of Claim ends by informing the defendants how long they have to file a statement of defence or a demand for notice, adding that failure to do so within the provided time could result in them losing the lawsuit automatically.

None of the allegations have been proven in court.

Background

On May 13, 2018, a list of 21 complaints were submitted by six players – four of which are involved in the lawsuit – outlining their concerns with Janus under the U of L’s Harassment and Discrimination Policy and asking for her termination.

That resulted in the University launching an investigation, which concluded with a response from the university’s Vice-President (Finance and Administration) and Acting Chief Human Resources Officer, Nancy Walker, on July 31.

“The conclusion relating to the harassment complaint was that the Policy on harassment has been violated,” wrote Walker. “The investigation conclusion in regards to discrimination was that based on the balance of probabilities and findings of fact, the Policy on discrimination of different treatment on the basis of protected grounds has not been violated.”

She went on to outline the steps that would be implemented to address the situation, such as counselling and more in-depth training for Janus, along with efforts to improve communication.

U of L response to the lawsuit

The University of Lethbridge is aware that it has been named, along with two employees of the University, in a lawsuit concerning the Pronghorns women’s hockey team.  The lawsuit follows a complaint received in the spring of 2018 regarding the conduct of the coach of the women’s hockey team.

As this is an active lawsuit, the University will not provide any additional comments specific to the lawsuit.

As has already been reported, the U of L immediately launched a comprehensive investigation on receiving the initial complaint. As recommended in the ensuing investigation report, the University announced a series of actions that would be undertaken to ensure an appropriate environment for its student athletes moving forward.

Many of the actions that were identified in the report have begun to be implemented.  The women’s hockey coach has committed to the actions recommended in the report to ensure the continued growth and development of the women’s hockey program and to provide a positive experience for student athletes both in and out of the classroom.

Additional activity includes the implementation of a leadership team with representation from student athletes, the coach and assistant coach and a member of the University’s Pronghorn Athletics staff.  As well, a new Leadership Development Program is being created specifically for the women’s hockey team with the goal of players developing confidence in themselves as leaders and for all members of the team and coaching staff to fully understand team values and the ability to associate these values to all team initiatives.

The University of Lethbridge strives to create a safe and welcoming environment for all of its students, staff and faculty.  This foundational value continues to influence the institution’s actions, including the actions of all Pronghorn athletic teams.