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Feminism: Sex and gender discussions

Raquel Rosario Sanchez's case against the University of Bristol

98 replies

NancyDrawed · 21/04/2022 14:25

I have just had an email via Crowdjustice.

Raquel has lost her legal case against the Uni of Bristol

'The University was able to successfully argue that they do not owe a duty of care to students who, like me, face intimidation and violent threats from trans activist students and staff. The court found that in the enactment of their internal policies, the University did not act unlawfully.'

The judgement does, however

'confirms that I was indeed the victim of the “violent, threatening, intimidating behaviour or language” by trans activist students, and that, there was a “failure to respect the right of others to freedom of belief and speech,” '

I have the utmost admiration for Raquel and will gladly contribute to a fund should she be liable for costs

OP posts:
NancyDrawed · 21/04/2022 15:28

This wording is interesting, though:

The court found that in the enactment of their internal policies, the University did not act unlawfully.

Which isn't to say that the University's internal policies are not, in themselves, correct or lawful - or am I clutching at straws, here?
A bit like the MOJ case last year where it was found that it was not unlawful to place male prisoners in the prison estate if they declared a transgender identity regardless of whether they had male genitalia or not. From that ruling:

The court, before ruling on each of the grounds [in R (on the Application of FDJ) v. Secretary of State for Justice], made clear that it had been called upon to decide the lawfulness of the policies, not the desirability of them

OP posts:
Imevery · 21/04/2022 15:39

Awful. Incomprehensible. Also happy to contribute to costs.

SamphirethePogoingStickerist · 21/04/2022 15:42

NancyDrawed · 21/04/2022 15:28

This wording is interesting, though:

The court found that in the enactment of their internal policies, the University did not act unlawfully.

Which isn't to say that the University's internal policies are not, in themselves, correct or lawful - or am I clutching at straws, here?
A bit like the MOJ case last year where it was found that it was not unlawful to place male prisoners in the prison estate if they declared a transgender identity regardless of whether they had male genitalia or not. From that ruling:

The court, before ruling on each of the grounds [in R (on the Application of FDJ) v. Secretary of State for Justice], made clear that it had been called upon to decide the lawfulness of the policies, not the desirability of them

That's how I am reading that part. That and, maybe because of that, Raquel didn't dot is cross rs, hardly surprising given her situation, which the university helped create.

As an ex alumni I am going to be writing to them, again.

And yes, I shall do more gardening towards any further costs.

Much like Maya's initial ruling, this one beggers belief, though not because of the judge, but because of the seemingly woeful policies Bristol have.

I am sorely tempted to send back my degree certificates, if I could find away of doing so and loudly, publicly making my point I would!

BettyFilous · 21/04/2022 15:44

MrsDanversBroom · 21/04/2022 15:08

Rachel, what a gracious email from you. We’re all sorry this happened and thank you for your bravery. I’ll contribute if you need to pay costs. Well done.

Seconded. You are very brave and formidable. The injustice of this outcome is obvious. I also have two teens approaching university age and will be steering them away from Bristol. Their treat of you has been callous in the extreme. 💐

BettyFilous · 21/04/2022 15:45

Treat = treatment

PrelateChuckles · 21/04/2022 15:45

DontAskIDontKnow · 21/04/2022 14:59

Wow, so it sounds like they found that she was harassed, the university didn’t deal with it appropriately, and yet they still don’t have any responsibility. I’d like to understand the legal stuff behind that reasoning.

I hope a decent journalist picks this up.

If Raquel is liable for costs, I’m happy to contribute.

OMG at the OP :(

This pp is how it reads to me, as well. Awful. How much of the documents, evidence etc is available to the public? It didn't look great for them at the time.

SerotinaHoneysuckle · 21/04/2022 15:46

Will contribute again if Raquel needs more money to meet costs. Bristol university should be roundly pilloried for how they've behaved throughout this whole sorry saga. Not an institution to be proud of. Hopefully people will have long memories.

HotSauceCommittee · 21/04/2022 15:56

That is devastating.
Big respect to Raquel; I hope she comes out of this and goes on to succeed in life.

Datun · 21/04/2022 16:02

The court found that in the enactment of their internal policies, the University did not act unlawfully.

Well I'm sure there are a lot of potential students, and their parents, who are grateful to know in advance that if students are bullied by their peers or university staff at Bristol, then they don't consider they have a duty of care to do anything about it. And will fight any student, tooth and nail, in court to maintain that position.

Nasty bunch.

nzborn · 21/04/2022 16:10

I when asked don't recommend Bristol Uni based on how they care for students, not just for this instance.

DreamingBe · 21/04/2022 16:11

This is a travesty, universities should absolutely hold responsibility for managing harassing and unlawful behaviour by students and staff and for safeguarding the wellbeing of their students, staff and members of the public against this sort of behaviour, and if they're not expected to do so the law should be changed.

Raquel, you don't need to apologise for not winning, you're a heroine for just trying to make a difference after all the stress you must have already been through!

Datun · 21/04/2022 16:12

And I'll be contributing, too, for costs.

Quite apart from Raquel's own position, I want to send a message to violent TRAs that women's commitment to this issue is absolute and endless.

Pluvia · 21/04/2022 16:20

I'm so sorry to read this. I hope you're getting loads of support from friends, Raquel. You have fought long and hard and the judgment raises many worrying issues. You have been vindicated. We have local friends whose daughter, having worked long and hard to gain a place on a very competitive course at Bristol, will be leaving at the end of this term. She's had a horrible time and says she and several of her friends (daughters of GC mothers) live in fear of attracting the attention of the TRAs.

Absurdle · 21/04/2022 16:20

No wonder Bristol don’t want to acknowledge having any duty of care to their students, with their track record of student suicides. Apparently some of the parents of those students took out legal cases against them too.

Something seems to be deeply wrong with that university. I’m so sorry that this is happening to Raquel, she is incredibly brave and she’s been subjected to a nightmare.

Mummyoflittledragon · 21/04/2022 16:21

I’ve just seen my email and thought there would be a thread on it. The only apology needed was from the university. Raquel Flowers.

PrelateChuckles · 21/04/2022 16:24

Absurdle · 21/04/2022 16:20

No wonder Bristol don’t want to acknowledge having any duty of care to their students, with their track record of student suicides. Apparently some of the parents of those students took out legal cases against them too.

Something seems to be deeply wrong with that university. I’m so sorry that this is happening to Raquel, she is incredibly brave and she’s been subjected to a nightmare.

Yes - very good point. Could set a sobering precedent for the University?

TofuDelights · 21/04/2022 16:34

I'm really shocked by this result, and am devastated for Raquel. It feels like she lost on some sort of technicality, around how policies were followed or applied, is that right? I hope the university's reputation suffers because of this, as Raquel did get her story out to quite a few media outlets. Flowers

Signalbox · 21/04/2022 16:37

Yes - very good point. Could set a sobering precedent for the University?

I think there’s another case in the pipeline against Bristol Uni in relation to duty of care. It’ll be interesting to see if the judge in that case comes to the same conclusion.

amp.theguardian.com/society/2022/apr/06/when-you-stop-fighting-thats-when-you-start-grieving-the-parents-battling-to-prevent-student-suicide

Lovelyricepudding · 21/04/2022 16:38

I can just about understand a university not having a general duty of care to students eg in private digs how can they have control? But surely their staff harassing her would be discrimination under the Equality Act? And her treatment following her complaint victimisation? Or did she not claim discrimination? And the behaviour the judge agreed she was subject to should surely count as criminal harassment and should now be followed up by the police?

Signalbox · 21/04/2022 16:39

Apparently some of the parents of those students took out legal cases against them too.

Yes currently awaiting the determination I think.

SpinningMeSoftly · 21/04/2022 16:50

I can't even to pretend to currently understand this judgement. I'll be reading everything published on it though, and following on here.

OvaHere · 21/04/2022 17:18

I'm very disappointed for Raquel but glad it was recognised she was telling the truth about the abuse she suffered. I don't understand what technicality means that Bristol University did not have responsibility but unfortunately the law sometimes works like that.

I didn't realise that Bristol Uni feminist society also have a case against them. Im not sure how widely this is known because I somehow missed it.

Obviously I can't link here but it's searchable on CrowdJustice under Women Talk Back! Help Us Protect Single-Sex Services and Spaces!

WorkingItOutAsIGo · 21/04/2022 17:27

Rosario I salute you. You didn’t lose. You were failed by the system. And many parents will see this story and think again about entrusting their children to Bristol.

Do take time to heal. I wish you all the success in your next endeavours. You are a true shero and will have much success in whatever you choose.

CriminallyCharmed · 21/04/2022 17:28

I've just donated again. Utterly shameful how she's been treated

Clymene · 21/04/2022 17:36

I am also happy to contribute to costs. It's not really surprising that Bristol has such a parlours suicide record if they refuse to accept any responsibility for students' welfare.

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