Memorial University of Newfoundland v. Memorial University of Newfoundland Faculty Assn. (Collective Agreement Grievance) RE: MUN and MUNFA  N.L.L.A.A. No.4 169 L.A.C. (4th) 185 92 C.L.A.S. 344 Newfoundland and Labrador Labour Arbitration.
At the end of the semester, following the final performance of a stage production, an instructor in stage craft in the Fine Arts Program at MUN (Grenville College) invited a female student to his home for supper and a sleepover. The female student was part of a closely knit group of fine arts students who worked under the instructor on productions at the College. The student did not find this invitation to be inappropriate because the instructor often invited the group back to his house for sleepovers in order to debrief shows. This time, however, it was Christmas vacation and all the other members of the group had gone home to be with their families.
The evening went without incident until the professor's wife and children went to bed. At this point, the instructor, who had consumed several glasses of wine, made sexual advances. The student protested, but only expressed concern about having sex in such close proximity to the professor's wife and children. The professor was persistent and they ended up having sex. The student later filed a complaint of sexual assault with the police and a complaint of sexual harassment with the University.
At a preliminary hearing following the police investigation, the instructor was cleared of charges of sexual assault because although the crown had evidence of all three elements of actus rea:
...it could only establish the first of two elements of mens rea:
The University conducted its own internal investigation, found the instructor guilty of sexual harassment and dimissed him.
The Union argued that the University had contradicted the finding of a provincial judge who had cleared the professor of sexual assault when it found the latter guilty of sexual harassment. This, it maintained, was an abuse of process. Even if it was not, this incident was a consensual act between adults that did not occur within a professor-student relationship.
The matter is within the jurisdiction of the Arbitrator, who will proceed to hear the merits of the grievance.
No ruling has been published of the grievance decision)