Hwang says she had been pressured to sign an NDA after lodging a sexual-assault complaint in 2019. Now, the organization has reversed its stance on confidentiality agreements.
After mounting controversy, the Vancouver Symphony Orchestra (VSO) will not take legal action against violinist Esther Hwang.
In a bid to defuse a mounting controversy, the VSO has reversed its stance on confidentiality agreements in cases involving sexual-misconduct. On Jan. 6, the VSO released an open letter to the classical-music community, pledging to never again ask a sexual-misconduct complainant to sign a confidentiality agreement.
This issue came to the fore recently when a former VSO violinist, Esther Hwang, went public via The Globe and Mailwith the claim that she had been forced to sign a Non-Disclosure Agreement (NDA) in order to settle a sexual-assault complaint that she had made in 2019 against a then senior member of the orchestra.
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By going public, Hwang reportedly breached the NDA, and the VSO responded by sending her a cease-and-desist letter. The law firm representing the VSO claimed that the orchestra has "suffered, and will continue to suffer, significant harm, including disruption within the orchestra and broader musical community,” and warned that the orchestra could seek damages, including for reputational and consequential losses.
Hwang's fellow musicians rallied in support. Noted Baltimore-based oboist Katherine Needleman launched a petition, demanding that the VSO agree to take no further legal action against Hwang and end its use of confidentiality agreements. The petition had received about 14,000 signatures by the time the VSO released its letter publicly Wednesday (Jan. 7), and this pressure was clearly a factor in the policy reversal. The VSO has now said it does not intend to take legal action against Esther Hwang.
That letter, signed by the orchestra’s board of directors as well as president and chief executive officer Angela Elster, states that "Recent events have prompted important reflection within our organization, with heightened concern across our field and serious questions about safety, accountability, and trust in artistic institutions.
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“Unfortunately, as a result of the confidentiality agreement, Ms. Hwang has felt silenced since that time. We acknowledge and regret the pain this has created. We also acknowledge that things have changed since 2019 and we can change as well … This is a welcome discussion, and the VSO is committed to evolving our processes.”
The Globe and Mail reports that "While expressing sympathy for Ms. Hwang’s experience, the orchestra also denied that she was subject to any professional reprisal and highlighted that an external investigation of this claim did not substantiate Ms. Hwang’s allegation of retaliation."
In response, Hwang said she was disappointed by the VSO’s statement.
“It took weeks of public pressure and negative media attention for the VSO administration to finally agree to stop using NDAs in cases of sexual assault. And they have failed to take accountability or apologize for forcing me into an NDA and threatening to sue me,” she told The Globe & Mail. “Instead, in their letter they frame the issue as being about how I ‘felt’ silenced by the NDA and how I ‘perceived’ their cease-and-desist letter.”
This controversy came at the end of an already troubled year for the The Vancouver Symphony Orchestra (VSO). As reported in Billboard Canada, in the fall, VSO musicians launched the first strike in the orchestra's 107-year history, in a pay dispute. In early October, after mediation at the B.C. Labour Relations Board, the two sides reached an agreement. Music returned to the Orpheum theatre stage, beginning with Saint-Saëns' Third Violin Concerto on Oct. 10.
