A small private college in Vancouver has become the first post-secondary institution in B.C. to sign a pledge explicitly banning the use of non-disclosure agreements (NDAs) in cases of abuse and harassment, and advocates are hoping it’s the start of a wider trend.
The board at Columbia College, a non-profit school that has offered university transfer courses to local and international students since 1936, voted in December to sign the Can’t Buy My Silence pledge. The pledge vows the college will not use NDAs to settle claims of sexual harassment and abuse, misconduct, or bullying.
Susan MacRae, an English professor at the school who has been bound by an NDA for 27 years, brought the idea to the board. She said she’s proud members voted overwhelmingly in favour of making the pledge.
“I really admire Columbia College for being proactive about the safety of the students and employees,” she told CBC News.
Columbia College principal Matt Wadsworth said he wanted to thank MacRae and the Can’t Buy My Silence campaign for raising the profile of the issue, and said he hopes the school is just the first of many in B.C. to sign the pledge.
“As a community, the safety of students, staff and faculty is paramount,” Wadsworth said in a written statement.
“The use of NDAs in cases of bullying, sexual harassment and other disciplinary matters can compromise campus safety, undermine transparency and be detrimental to the healing process of victims when the worst does occur.”
Other B.C. schools may consider pledge
MacRae began volunteering with Can’t Buy My Silence — which lobbies to restrict the use of NDAs around the world — after a frustrating legal battle trying to win the right to speak openly about the childhood sexual abuse she’d experienced.
The B.C. woman was unable in 2018 to successfully nullify the NDA she’d signed in 1997 to settle her legal claim against her father, even after his death, court documents show.
MacRae now advocates for laws banning the use of these documents in cases like hers as part of a campaign led by Zelda Perkins — a former assistant to Hollywood sexual predator Harvey Weinstein — and Ontario law professor emerita Julie Macfarlane.
MacRae believes that having Columbia College sign the pledge is significant because the school has such a large proportion of international students.
“In a way, it’s more important to have it at Columbia College, even than at the other universities, because our students are quite vulnerable because they’re just learning Canadian law,” she said.
Before now, the only other Canadian schools to sign the pledge have been the University of King’s College and Acadia University, both in Nova Scotia.
MacRae says she’s spoken with some other major post-secondary institutions in B.C. and is feeling “really positive” that others will follow suit.
CBC News contacted some of the province’s biggest universities and colleges to see if they’re considering making the same promise, and some signalled the door is open.
At Simon Fraser University, for example, a spokesperson said the school plans to review the Can’t Buy My Silence pledge to see how it aligns with current policies. The University of Northern B.C. also said it’s aware of the discussion.
Similarly, Vancouver Island University is currently reviewing its policy on sexual misconduct and a spokesperson said the issue of NDAs may be part of that.
Neither the University of Victoria nor the University of British Columbia have signed the pledge, but the schools say victims of sexual misconduct are not asked to sign NDAs under their current policies.
Meanwhile, Ontario has already passed legislation banning universities from using NDAs in sexual misconduct cases.
In B.C., there have been attempts to introduce a much broader law on the issue. Green Party Leader Sonia Furstenau introduced a private member’s bill last year that would restrict the use of NDAs provincewide, following similar legislation in Prince Edward Island.
The B.C. bill died when the spring session ended, but a spokesperson said the Green Party remains committed to supporting the campaign.
