U of W, former professor sued over alleged sex assault

A woman who studied and worked at the University of Winnipeg has filed a lawsuit against the post-secondary institution and her former professor — a convicted sex offender — who she alleges drugged and sexually assaulted her.

The woman, a former international student from the United Kingdom and teaching assistant at the university, claims her professor and “mentor,” Derek Spencer, put a date-rape drug in her drink and groped her following a Christmas party for professors and graduate students in 2019.

“The assailant secretly placed a date-rape drug in her drink without consent and sexually assaulted her while she was in an altered and vulnerable state,” reads the woman’s statement of claim, filed in the Court of King’s Bench earlier this month.

“She suffered grave psychological and physical harm as a result.”

The woman alleges Spencer assaulted her after she attempted to set firm boundaries with him as he romantically pursued her.

Spencer, who began teaching at the university in 2017, was convicted in 2010 of possessing child pornography when he was 19. A judge sentenced him to nine months in jail, three years of probation, and placed him on the sex offender registry for 10 years.

Revelations about his criminal record made headlines in 2019. He’s not currently listed in the U of W’s faculty directory.

The woman says she moved to Winnipeg in 2019 and began to study and work at the university. Her romantic partner was also employed at the university.

The court papers allege she worked closely with Spencer as a student and teaching assistant, and that he began showing romantic interest in her, causing her discomfort.

She says in the court filing that she set boundaries with him and told him that she had a partner and just wanted friendship.

The woman says colleagues began raising concerns for the woman, saying Spencer had asked about what her partner’s name was and searched for them on the U of W’s website. The court filing says the professor even told colleagues he had been on a double date with the woman and her partner.

The woman’s court papers say she kept setting boundaries with Spencer throughout the semester and thought that Spencer understood they were just friends.

Toward the end of 2019 the woman and Spencer attended a Christmas party for teachers and graduate students. At the event, she agreed to visit a bar with Spencer after the party, under the impression that other colleagues would join, the court papers say.

But when she arrived, she realized no other colleagues were there.

The woman says she went to the bathroom and found Spencer had ordered them both a shot of alcohol when she got back. After drinking the shot, the woman’s recollection of the evening became fragmented and she felt “extremely tipsy, nauseous and hazy,” the court papers say.

“(The woman) had consumed alcohol before and was aware of her limit,” the court filings says. “She had realized something was wrong.”

The woman says she recalls Spencer kissing her and touching her breasts and buttocks, before she was able to eventually fight him off, the court filing says.

The woman, feeling extremely ill, went to the hospital the next morning.

She underwent tests to determine if drugs had been placed in her drink, but the tests were inconclusive due to the period of time that had passed, the lawsuit says.

The woman claims she later told the head of their department about what happened and was told it would be investigated anonymously, but alleges the department head reported in the allegation to the U of W’s human rights department, which revealed her identity during an investigation. She says that caused her further trauma.

She claims despite the investigation finding Spencer had behaved inappropriately and sexually assaulted her, he was only temporarily suspended.

Following the incident, the woman learned of his prior conviction. The lawsuit alleges the U of W failed to take any steps to protect Spencer’s colleagues and students.

The woman says she returned to the U.K. shortly after the assault and has suffered severe trauma in the years since.

The lawsuit seeks a total of $7 million in damages, plus interest and court costs.

The university and Spencer have yet to reply to the claim with statements of defence.

erik.pindera@winnipegfreepress.com