2 women who complained about harassment at UPEI permanently released from silencing deals
CBC
Two women who signed non-disclosure agreements with the University of Prince Edward Island a decade ago have been permanently released from the threat of lawsuit for speaking out about their experiences, with the university's board of governors issuing an unequivocal apology.
Wendy Carroll and Erin Casey, who have asked that their names now be made public, filed complaints of sexual harassment in 2012 against the university's former president, Alaa Abd-El-Aziz. Eventually they took those complaints to the P.E.I. Human Rights Commission before being offered settlements and signing non-disclosure agreements (NDAs) with the university in 2013.
"After 11 years of silence, we feel heard," Carroll and Casey said in a written statement Thursday following the news that UPEI had permanently released them from the terms of their NDAs.
"We acknowledge UPEI's apology for the personal, professional, and reputational harms we've suffered in the past decade."
In early 2022, the university hired Rubin Thomlinson LLP — the same Toronto-based law firm that conducted a workplace investigation at CBC News after the firing of radio host Jian Ghomeshi — to conduct a review of harassment, discrimination and fair treatment processes at UPEI.
That was shortly after a fresh allegation of misconduct was brought forward against the former president in late 2021. Abd-El-Aziz announced his retirement that December, and the university says it no longer has any affiliation with him.
The two women were offered temporary releases from their NDAs to take part in the Rubin Thomlinson review, but Abd-El-Aziz was also a signatory to those agreements. In June, UPEI told CBC News that Abd-El-Aziz had not agreed to release the women from the requirement for confidentiality.
Casey and Carroll asked the university to offer indemnification to provide legal protection if Abd-El-Aziz chose to sue them. However, UPEI would not offer to indemnify the women on a permanent basis, only long enough to allow them to participate in the Rubin Thomlinson review.
As a result, neither Casey or Carroll participated in the review.
CBC News has repeatedly tried to reach Abd-El-Aziz for comment on the report and its aftermath, without success.
Later Thursday morning, the UPEI Faculty Association reiterated its request for an unredacted copy of the report, and requested an independent third-party review of redactions that were made before its release in June. The association suggested the cost be shared by the board of governors and the campus unions.
In Thursday's statement, the women say they've finally been able to reclaim their voices thanks to the permanent release.
"Our goal has always been, and remains, to ensure that what happened to us never happens to anyone else," the statement reads.
"We also want to affirm our leadership roles on the issue of non-disclosure agreements (NDAs) and the harms they can cause in cases of harassment and discrimination.
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