York University is being taken back to the Ontario Human Rights Tribunal for allegedly breaching its settlement with PhD student Mandi Gray, who had complained of failures by the university in providing supports for survivors of sexual assault.

Gray claims in documents filed at the tribunal this month that one condition of the settlement in 2016 had been that York would partner with the Barbra Schlifer Commemorative Clinic for four years to provide counselling for survivors of sexual violence on campus.

But Gray argues the university breached the settlement by ending its relationship with the clinic in June.

“It’s a new level of institutional betrayal,” Gray told the Star this week.

Former York student Mustafa Ururyar was originally convicted in criminal court of sexually assaulting Gray, but the ruling was later overturned on appeal by a Superior Court judge who ordered a new trial. Ururyar signed a peace bond last December and no second trial took place. As a result of the peace bond, the charges were withdrawn and Ururyar made no admission of guilt, and he was barred from contacting Gray for one year.

Gray alleged in a 2015 complaint to the human rights tribunal that York had failed to provide counselling “without discriminatory barriers and obstacles” when she reported being sexually assaulted, and that the services provided by the university lacked expertise in sexual assault.

The eventual settlement, which came about through mediation, meant that a public hearing before the tribunal on the issues raised by Gray never took place. It contained no admission of liability by York, and no concession by Gray.

Gray expects her case will now go for a full hearing before the tribunal.

“How can I trust them to go through mediation or resolve this in good faith if they haven’t demonstrated negotiating in good faith thus far?”

York spokesperson Barbara Joy told the Star a one-year agreement with the Schlifer clinic expired in June.

“We respect Ms. Gray's ongoing efforts to bring public attention to the important societal issue of sexual assault and the treatment of survivors,” Joy said. “York will provide the tribunal with a detailed response to Ms. Gray’s most recent claim. We are confident the university is in full compliance with the terms of settlement reached in 2016.”

Joy said counselling supports have been “enhanced” in the past year, “with the addition of a new counsellor who has a background in supporting survivors of sexual violence and gender-based violence and we are currently in the process of recruiting another new counsellor with a similar background.” She said the university also continues to increase the number of “external options” available for counselling.

York had announced through a news release in August 2017 that its sexual violence response office had partnered with the Schlifer clinic “to provide enhanced access to personal counselling services for community members who disclose or report sexual violence experienced while they have been registered and/or employed at York.”

The release said the Schlifer clinic would provide up to 10 one-hour counselling sessions to individuals referred for services through the sexual violence response office.

Amanda Dale, the clinic’s executive director, told the Star the clinic had entered into two short-term contracts to provide counselling services. Both contracts were for less than a year, “at York’s insistence,” and the most recent one ended in June, she said.

“In the case of both contracts, the uncertainty of York’s commitment to renew meant that counselling services were truncated and not promoted for fear of women accessing a service that would terminate before the full counselling cycle of 10 sessions was achieved,” Dale said in an email.

“We feared this precarity could suddenly leave women without clinically effective supports.”

In her own news release issued this week, Gray says York has “routinely misstated the origins of the partnership,” saying it came about solely as a result of her human rights complaint. (The settlement is not mentioned in York’s August 2017 news release.)

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In filings with the tribunal, Gray alleges that aside from the August 2017 news release, the university made almost no effort to promote the services of the clinic. She also says the partnership was struck three months later than the deadline outlined in the settlement with the university.

“I felt it was an additional level of external oversight in terms of what was happening on campus,” Gray told the Star, referring to the need for external counselling services.

“I hope to encourage other folks who may be thinking of reporting sexual violence to be very diligent, take notes, have witnesses and get legal advice, because no matter what university you’re at, they cannot be trusted to respond to sexual assault.”