End The Use of NDAs in Sexual Misconduct Cases
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We started this gofundme to help Julie fund some of the cost of the litigation for a defamation suit she is facing where the University is refusing to represent her! I asked Julie to to tell her story about what is happening. Any funds that are not needed or not used will be used to stop the use of NDAs from shutting down whistleblowers! Her story is below:
In February, I was served with a defamation suit from a former colleague at the University of Windsor, Faculty of Law, where I am a professor. I am being sued for defamation for telling the truth about a sexual predator to his future employers in other universities.
In December 2014, following an internal investigation, the University of Windsor moved to dismiss my colleague, a tenured faculty member, for sexual and other misconduct. This professor had been sexually harassing and intimidating law students for many years. I had learned about his behaviour from first-hand accounts from students.
After moving to dismiss him for “just cause”, the university and the faculty association made a settlement agreement with the professor to avoid the cost of an arbitration. They agreed that he would leave the university, but with a non-disclosure agreement, or NDA.
The NDA signed by the university and the faculty association meant that they could reveal nothing about the circumstances of his departure – just that he left. This agreement had nothing to do with protecting his victims – no victims or complainants signed it and none were notified of it or the outcome.
In 2016, I heard from a colleague at a law school in the University of the West Indies that my former colleague was applying for a position there. When asked, I provided information to them about the circumstances of his departure from U Windsor. I was asked the same question by the Dean at another law school on a second University of the West Indies campus in 2017, where he had just been hired with no knowledge of the reasons that he left Windsor. I provided the same information.
My former colleague is now suing me for defamation in Trinidad, where he is trying to establish a law practice (having left his new university position under unclear circumstances). He can argue defamation because the university refuses to tell the truth about how and why he was removed from his position with them. The NDA allowed them to “pass-their-trash” to another university.
Now the NDA allows the university to hide the truth and to enable this defamation against me, since they will reveal the honest information.
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The money raised on this page will go towards paying some of the costs of Julie's legal defence (we are still trying, but without success, to convince the university to support her), and anything remaining will go to others facing similar defamation suits being used as a way of silencing people from speaking up about sexual predators.
Winning this case will also progress the wider and growing movement to ban employers from giving NDAs for sexual predators.
In February, I was served with a defamation suit from a former colleague at the University of Windsor, Faculty of Law, where I am a professor. I am being sued for defamation for telling the truth about a sexual predator to his future employers in other universities.
In December 2014, following an internal investigation, the University of Windsor moved to dismiss my colleague, a tenured faculty member, for sexual and other misconduct. This professor had been sexually harassing and intimidating law students for many years. I had learned about his behaviour from first-hand accounts from students.
After moving to dismiss him for “just cause”, the university and the faculty association made a settlement agreement with the professor to avoid the cost of an arbitration. They agreed that he would leave the university, but with a non-disclosure agreement, or NDA.
The NDA signed by the university and the faculty association meant that they could reveal nothing about the circumstances of his departure – just that he left. This agreement had nothing to do with protecting his victims – no victims or complainants signed it and none were notified of it or the outcome.
In 2016, I heard from a colleague at a law school in the University of the West Indies that my former colleague was applying for a position there. When asked, I provided information to them about the circumstances of his departure from U Windsor. I was asked the same question by the Dean at another law school on a second University of the West Indies campus in 2017, where he had just been hired with no knowledge of the reasons that he left Windsor. I provided the same information.
My former colleague is now suing me for defamation in Trinidad, where he is trying to establish a law practice (having left his new university position under unclear circumstances). He can argue defamation because the university refuses to tell the truth about how and why he was removed from his position with them. The NDA allowed them to “pass-their-trash” to another university.
Now the NDA allows the university to hide the truth and to enable this defamation against me, since they will reveal the honest information.
---------------------------------------------------------------------------------------------------------------------------------
The money raised on this page will go towards paying some of the costs of Julie's legal defence (we are still trying, but without success, to convince the university to support her), and anything remaining will go to others facing similar defamation suits being used as a way of silencing people from speaking up about sexual predators.
Winning this case will also progress the wider and growing movement to ban employers from giving NDAs for sexual predators.
Fundraising team (4)
Khalil Jessa
Organizer
Windsor , ON
Julie Macfarlane
Beneficiary
Julie Macfarlane
Team member
Connor Spencer
Team member
Hope Moon
Team member