Letter to the editor: Addressing misrepresentation and defamation of the KSA

(File photo.)

(File photo.)

Editor’s note: The Runner’s articles that the KSA refers to are linked below for readers’ reference and reviewal. The previous, and print, version of this letter cited court cases that don’t exist or were not relevant to the subject matter. The letter has been updated accordingly. 

Dear Editor,

In solidarity as the Kwantlen Student Association council board of directors 2024, we are compelled to address recent coverage by The Runner, which we believe has been biased and defamatory towards our association. We assert that The Runner has consistently neglected to highlight the positive contributions and initiatives undertaken by the KSA, instead focusing on controversies and criticisms without adequate context or balance.

 

Misleading and defamatory reporting

Several articles published by The Runner since April 1, 2024 have portrayed the KSA in a negative light, often without substantial evidence or consideration of the broader context. Examples are as follows: 

From the Editor: KPU’s email regarding the KSA signals a vital system change is needed for the association,” which was published in April, implied systemic issues within the KSA without acknowledging our compliance with the Societies Act and our transparent record-keeping practices.

Frustration rises as KSA council struggles to appoint committees,” which was published in May, highlighted procedural delays without recognizing the complex and democratic nature of our decision-making process, which involves extensive discussion and every council member’s participation.

KSA council elects internal committee, discusses appointment of speaker,” published in May, misrepresented the procedural challenges faced during committee appointments as indicative of broader dysfunction, ignoring the successful resolution and appointment of committees.

Allegations of financial misconduct: The article dated April 4, 2024 titled “KSA increases honorariums, adds more funding to budgets for events and clubs,” implies mismanagement of funds by suggesting a lack of transparency regarding budget reallocations. This is defamatory as it damages the reputation of the KSA and its officers by implying misconduct where none exists. According to the principles established in Hill v. Church of Scientology of Toronto (1995), this case is more pertinent as it addresses the impact of defamatory statements on an individual’s reputation, particularly in the context of how such statements are perceived by a reasonable person.

Misrepresentation of election processes: In your April 24, 2024 piece, “KSA executive committee voting results weren’t approved, council members raise concerns during election,” you allege irregularities in our election process. This article accuses our electoral process of being flawed and corrupt, which is a serious defamatory allegation. The case Grant v. Torstar Corp. (2009) is relevant here because it introduces the defense of “responsible communication on matters of public interest,” which speaks directly to the balance between reporting on public affairs and protecting against reputational harm.

False claims of nepotism: The article dated April 24, 2024, “Previous KSA president allegedly hired friend as executive director,” accuses the former president Abdullah Randhawa of cronyism. Such accusations are highly defamatory as they suggest unethical behaviour and favouritism. In Hill v. Church of Scientology, it was established that publishing false statements that lower the estimation of an individual in the eyes of the community constitutes defamation.

Harassment allegations: Your opinion article, published on July 14, titled “The KSA needs to take sexual harassment allegations more seriously” claims that the KSA failed to address serious allegations appropriately. This article is defamatory to its highest context as it insinuates neglect and lack of concern for student welfare without substantiating the claims with factual evidence. This parallels the WIC Radio Ltd. v. Simpson (2008) case, which clarifies the defense of fair comment in defamation law, which is applicable when considering the expression of opinions on matters of public interest, as long as they are based on fact.

 

Overlooking positive contributions

Despite your persistent scrutiny and biased reporting, the KSA has made substantial contributions to the Kwantlen Polytechnic University community, which have been either underreported or ignored entirely. Here are some notable examples:

Increased funding for events and clubs: We allocated additional funding to the KSA events budget to enhance student engagement and participation in events like the Vaisakhi Nagar Kirtan Parade, which The Runner reported on, yet no separate article specifically about this event was published to highlight its success and contributions. 

Support for intramural programs: Despite uncertainties, we continued to provide off-campus activities such as ice skating, hiking, and bowling through the Active KSA program,  offering students valuable recreational opportunities, which The Runner mentioned in a story published on April 4. 

Commitment to transparency and accountability: Our former president returned the difference in his increased stipend as a donation to the KSA, demonstrating our commitment to financial integrity and accountability, which The Runner published a story about on April 21. 

Student services and support: Our initiatives, including the Blossoming Lotus Studio offering yoga, pilates, and meditation classes, have provided students with essential wellness services, which The Runner mentioned in a story published on April 4.

Mental health initiatives: The KSA has expanded its mental health support services, providing accessible counseling and wellness programs for students. This includes the establishment of peer support networks and partnerships with mental health professionals, which can be viewed on the KSA’s website

Financial support for students with disabilities: The KSA has been instrumental in providing bursaries and awards to students with disabilities, to ensure that they have the financial support needed to succeed in their academic endeavours, which are listed on KPU’s website

Promotion of diversity and inclusion: The KSA has supported numerous clubs and initiatives that promote diversity and inclusion, such as the KPU Pride Society. These organizations provide vital support and community for marginalized groups on campus, listed on the KSA’s website.

Discount programs and cost savings: Through negotiations and partnerships, the KSA has secured significant discounts for students on various products and services, including sustainable products and groceries, which are listed on the KSA’s website.

Advocacy and representation: The KSA has been a strong advocate for student rights and welfare, actively lobbying the government for better educational policies and student support systems. This includes successful campaigns for improved transit services and student housing.

Support for student organizations and clubs: The KSA provides extensive support to a wide range of student clubs, enabling them to thrive and contribute positively to the campus culture. This includes funding, organizational support, and event management assistance. 

Enhanced student services: The KSA successfully increased funding for various student services, including mental health resources and academic support programs, as reported in part by The Runner but with limited detail. This effort has significantly improved the well-being and academic performance of KPU students.

Successful events and initiatives: The “Lok Sewa” event aimed to promote community service and engagement, attracting substantial participation and positive feedback from the student body, which The Runner reported in June. However, your coverage focused more on the council’s internal struggles rather than the event’s success and impact.

Advocacy and representation: The KSA has been actively involved in advocacy at both the local and provincial levels, ensuring that student voices are heard in key policy discussions. This includes our participation in the Alliance of BC Students’ skills and training conference, which was barely mentioned in your coverage published on June 10

 

Legal and ethical concerns

The defamatory nature of The Runner’s reporting has significant legal and ethical implications. Defamation, as defined under Canadian law, involves the publication of false statements that harm the reputation of an individual or organization. The Runner‘s articles have repeatedly contained inaccuracies and omissions misrepresenting the KSA’s actions and intentions, potentially causing reputational damage. 

The legal standards for defamation require that the statements be false, damaging, and made with a degree of fault. The Runner’s selective reporting and failure to provide balanced coverage meet these criteria. For example:

The accusations of mismanagement and procedural failings, as seen in articles about committee appointments and stipend increases, were presented without acknowledging our compliance with regulations and the challenges inherent in managing a large student organization.

The portrayal of our executive stipends and budget allocations failed to consider the context of rising living costs and the necessity of fair compensation for student leaders who dedicate significant time and effort to their roles.

The consistent pattern of biased reporting and defamatory statements published by The Runner against the KSA is not only damaging to our reputation but also misleading to the KPU community. Therefore we ask you to reconsider your approach to reporting on the KSA by providing balanced and fact-based coverage that accurately reflects both our challenges and achievements. 

The KSA remains dedicated to serving the student body of KPU with integrity and transparency. We are proud of our achievements and committed to addressing any challenges we face.

In the spirit of transparency and cooperation, we invite The Runner to engage with us directly to verify facts and gain a comprehensive understanding of the KSA’s operations and initiatives. We believe that a constructive dialogue will benefit the entire KPU community and promote a more informed and supportive environment for all students.