Assault on Campus

If you are passionate about diversity in all its forms, you can find me at www.dyshuman.com; now I’ve been expelled for being a victim of assault and discrimination and daring to talk about it, this website is defunct. I will not renew the domain name or hosting.

On 10 May 2018 at approximately 11:03 am, Assistant Professor Kasia Bail rushed at me, seized my upper left arm and shoved me sideways until I was standing next to the rubbish bins. Then she stopped, took her hands off me and looked around as if looking for approval. When she turned back, she seized my arm again and, throwing her weight into her renewed shoving, she sent me stumbling sideways again. She steered me like a shopping trolley, weaving between people waiting at the refectory cafe for their coffees then, once past them, she paused again and looked around. This time she didn’t take her hands off me so there was no warning before she threw her weight into renewed shoving again, pushing me until she’d forced me into the corner between the exit and the wall. She paused again. This time, after looking around, she released me and walked away, leaving me shaking and shaken. She did not speak to me this entire time, nor did she enquire afterwards if I was alright.

Assistant Professor Kasia Bail is a registered nurse and midwife. If this is how she treats disabled women in her workplace, I dread to think how she treats them in her nursing practice.

Below are the emails we exchanged later that day.

From: Nalini.Haynes
Sent: Thursday, 10 May 2018 2:24 PM
To: Kasia.Bail
Cc: Scott.Pearsall [Dean of Students]; [Campus] Security and my partner

Subject: Please do not lay hands on me again

Dear Kasia

I am emailing to request that you do not lay hands on me without my express permission again.

Today you walked up to me when I was talking to my son on the phone, you seized my arm then steered me as if I am a shopping trolley, forcibly pushing me sideways several metres and nearly causing me to trip over a number of times. This was during Shut Up and Write in the refectory.  I am fairly confident this action would have been captured on campus security cameras.

I am sure you would not treat a non-disabled student thus and I am writing to request that you do not treat me that way again.

My husband has instructed me to literally shake off the unwanted physical contact and shout out ‘NO!’ To call attention to this inappropriate conduct should you or any other person do this again.

To save embarrassment, I am writing to caution you that you should not repeat today’s conduct.

Regards

Nalini

~~~

From: Kasia.Bail
Sent: Thursday, May 10, 2018 2:41 pm
Subject: RE: Please do not lay hands on me again
To: Nalini.Haynes
Cc: Scott.Pearsall [Dean of Students], [My partner], [Campus] Security

Dear Nalini,

I am terribly terribly sorry to have caused you this upset.

I thought I was being sensitive and careful and friendly, and now I realise that this was very upsetting for you, and inappropriate.

Thank you very much for emailing me and communicating this to me.

I was finding it hard to concentrate in Shut Up and Write when your conversation was happening, and I thought it might be helpful if I helped you to do so nearby but not so close to me and the other students.

I certainly will not repeat this and I do hope I might be able to buy you a coffee sometime as part way of an apology, I really am so sorry.

  • Kasia

My mobile is XXXXXXXX  if there’s anything I can do, please let me know.

From: Nalini.Haynes
Date: Thu, May 10, 2018 at 5:04 PM
Subject: Re: Please do not lay hands on me again
To: Kasia.Bail
Cc: Scott.Pearsall [Dean of Students], [my partner], [Campus] Security

Dear Kasia

Nomad was playing music, people were having conversations and a stage was being assembled not 2 metres behind you; the people assembling the stage were also having conversations.

Even when other (nondisabled) people have had conversations right next to or at the long wooden table at Shut Up And Write this week and in any other session previous, I have never seen you nor anyone else grabbing them and pushing them around.

I fail to see how shoving me around nearly causing me to trip over my own feet because you were pushing me sideways without telling me what you were doing and what you were trying to achieve could be thought of as ‘sensitive’, ‘careful’ and ‘friendly’. When I stopped talking on the phone and gasped out to my son that someone was moving me around, you did not stop nor ask me if I was ok, you just continued pushing me and steering me like a shopping trolley.

Your explanation is not satisfactory.

Regards

Nalini

_____________________________

Nicholas Klomp, the deputy vice chancellor, sent a letter accusing me of ‘intimidating’ Kasia Bail in the above email thread and threatening me with suspension or expulsion if I continued to complain.

From: “Nalini.Haynes”
Date: Wednesday, 23 May 2018 at 6:11 pm
To: Deputy Vice-Chancellor Academic ,
Cc: “Lyndon.Anderson” [Dean of the Faculty of Art and Design], “Scott.Pearsall” [Dean of Students], [my partner] Subject: Re: Notification of direction from the Deputy Vice-Chancellor (Academic)

Dear Deputy Vice Chancellor

In the past 18 months I have been repeatedly assaulted by one student who even nearly pushed me down a flight of stairs. After telling her repeatedly to keep her hands to herself, she pushed me by pressing her breasts and belly against me on one occasion and on another occasion pressed my shoulder down and pushed me sideways using her bottom. I have raised this matter repeatedly with staff and yet this student has continued this kind of behaviour over more than 12 months, along side other forms of bullying.

A couple of weeks ago a staff member seized my arm in two of her hands and forcibly pushed me sideways, steering me like a shopping trolley and nearly causing me to trip several times while she pushed me a considerable distance. She even acknowledged this conduct in email. This was in the refectory and I would imagine was caught on CCTV cameras and yet to my knowledge no disciplinary action has been taken against her. I guess that is because she is not disabled, I am disabled and the university has one rule for disabled students — keep quiet — and another rule for nondisabled staff.

I would like to point out that there is a misconduct hearing scheduled for 21 June 2018, at which I intend to point out that any allegations brought against me are a direct unlawful result of harassment and victimisation about my distress concerning staff failing to comply with University of Canberra policy and procedures as well as failing to comply with disability discrimination legislation. It seems to me that issuing a misconduct letter at this time is premature at best.

Instead of harassing and victimising a person with a disability who has been treated inappropriately, you would be better off apologising for failures on the part of the university and seeking a reconciliation, especially as I just read the student misconduct code that does not in any way justify university staff’s conduct or escalation of conduct against me over the past 17 months. An apology and reconciliation would be far more effective than adding more fuel to the fire.

Regards

Nalini Haynes

From: Nicholas.Klomp
Sent: Thursday, May 24, 2018 12:13:10 PM
To: Nalini.Haynes
Subject: Re: Notification of direction from the Deputy Vice-Chancellor (Academic)

Dear Nalini,

Thank you for your email, in which you raise allegations of mistreatment and dissatisfaction with the response from the University. Please know that if you are dissatisfied with the manner in which the University has responded to your complaints, you are able to follow the grievance process. Details of this process can be found here.

Whilst you may be feeling dissatisfied, your feelings, however strong, do not exempt you from the requirement that you must treat other members of this community with respect and courtesy. Given that allegations have been raised that your conduct continues to fall short of this requisite standard, the purpose of my letter was to remind you of this requirement and, further, that this requirement continues to apply to all University of Canberra students, in all circumstances.

Regards,

Nick

Professor Nicholas Klomp | Deputy Vice-Chancellor (Academic) | Vice-President | University of Canberra

——— Forwarded message ———
From: Nalini.Haynes
Date: Thu, May 24, 2018 at 4:48 PM
Subject: Re: Notification of direction from the Deputy Vice-Chancellor (Academic)
To: Nicholas.Klomp
Cc: [my partner]

Dear Nicholas

So you’re saying it’s ok for me to be repeatedly assaulted, harassed and bullied on campus by staff and students, for staff to fail to comply with university policies and procedures as well as disability discrimination legislation regarding my candidature, but I’m not allowed to complain about it?

And if I’m ‘not satisfied’ with the lack of appropriate response from the university I have to lodge a grievance procedure that already began with a staff member investigating his own conduct, then I’m supposed to lodge another complaint/grievance/appeal or begin another separate process to try to get the initial investigation assigned to a staff member without a conflict of interest?

How many of the students who were raped were treated like this before UC ‘immediately’ referred allegations to the police?

Just clarifying.

Regards

Nalini Haynes

~~

On 3 September I sent an email asking that I be able to attend a workshop held on campus without being assaulted again. Within hours Nicholas Klomp suspended me without due process.

On 5 November the University of Canberra expelled me for speaking out about their discrimination against me and complaining about the assault. With all their fancy words and obfuscation of their allegations (nothing was actually cited specifically), they expelled me for exercising freedom of speech and exposing disability discrimination, talking about an assault by a staff member and talking about victimisation by Nicholas Klomp.

I urge everyone concerned with human rights and human dignity to take a stand against discrimination in all its forms and to defend freedom of speech in academic institutions.