THE PLEDGE
“(W)e [our vice-chancellor and higher education provider] commit to not using Non-Disclosure Agreements to silence people who come forward to raise complaints of sexual harassment, discrimination, abuse or misconduct, or other forms of harassment and bullying.”
Signing the pledge means the institutions agree to never use non-disclosure agreements — also known as NDAs, gag orders and confidentiality clauses — in cases involving sexual harassment, discrimination, bullying or other forms of misconduct. They also ensure that victims can speak about their experiences, and that harmful behaviour is not hidden.
The pledge does not apply to NDAs used to protect commercially sensitive information, such as intellectual property and trade secrets.
Nova Scotia Universities Become First in Canada to Take The Pledge
Can't Buy My Silence worked with two major Nova Scotia universities, Acadia University and University of King's College, and on December 7, 2023, they made history by becoming the first post-secondary institutions in Canada to sign the voluntary pledge vowing not to use non-disclosure agreements (NDAs) in cases of harassment, discrimination and other abuses.
We are currently working with universities in other provinces, especially where NDA legislation has been tabled (British Columbia, Saskatchewan, Manitoba, Nova Scotia and Ontario), to encourage them to take the Pledge.
If you attend a university in Ontario, the Ontario government passed legislation in December 2022 banning universities in that province from using NDAs in cases of faculty/student sexual misconduct (see Strengthening Post-Secondary Institutions Act Schedules 1 and 2). The legislation came into force in July 2023.
If you represent an Canadian post-secondary institution, and you want to sign the Pledge on behalf of your institution, please contact Stacey Buchholzer at info@cantbuymysilence.com
HOW THE PLEDGE BEGAN
On January 18, 2022, Michelle Donelan, Minister for Further and Higher Education in England, announced that universities must stop using NDAs in complaints of sexual harassment, bullying and other forms of misconduct. She said, “I am determined to see this shabby practice stamped out on our campuses.”
With the initial support of four university Vice-Chancellors and ongoing lobbying by student union groups, by May 2022 — just four months into the campaign — the number of university pledgers had risen to 58.
On February 7, 2023, English Parliament voted through an amendment to the Higher Education (Freedom of Speech) Bill, which requires all English universities and their constituent colleges to stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying. The bill will be in force in 2024, and there are currently over 90 English university and constituent colleges that have pledged.
GUIDELINES FOR IMPLEMENTATION
Guidelines for Implementation of the Pledge have been drafted with the team at CBMS. These are important for the practical implementation of the Pledge, and we encourage you to share them with your own university.
REPORT BREACH
If your university has signed the Pledge but you believe they are still using NDAs in cases of harassment and bullying, you can report a breach via the button below.