Level 3 Documents are the exhibits (303) and witness testimony that were relied upon by the MRFA and MRU when making their final submissions. The most important exhibits were the investigators’ reports – Hawkins (Dirks complaint), Rence (Lindstrom complaint), Eichler1 (gang of 17, 6 of whom were found to be harassers), Eichler2 (complaint found to frivolous and vexatious), and Hope (Watchman complaint). On October 5, 2023, Frances Widdowson made a submission to the Canadian Association of University Teachers about the differences between the five reports. Arbitrator Jones did no analysis of these differences and just accepted their findings (even though they were contradictory and inconsistent).
Widdowson then wrote a separate analysis of the threshold for harassment that was used in the five investigation reports. The Eichler1 and Eichler2 thresholds were very high, and so 11 out of the “gang of 17” and Tim Haney were not found to have engaged in harassment. On the other hand, the Hope threshold was very low, and so Frances Widdowson was found to have “harassed” colleagues for satirizing the MRU Anti-Racism’s Coalition’s attempts to poison her work environment.