The board of directors and president and CEO of the Vancouver Symphony Orchestra won’t follow through on a legal threat against a musician who alleges that she was sexually assaulted in 2017 by one of its former employees. However, the VSO stated in a January 6 open letter that it won’t nullify a 2019 confidentiality agreement that prompted a massive online backlash.
“We acknowledge the pain experienced by violinist Esther Hwang arising from the confidentiality agreement entered into as part of the 2019 settlement agreement regarding events in 2017,” the VSO stated in an open letter. “Ms. Hwang has openly described the impact this has had on her, and we regret the suffering she has endured.”
The Juilliard School graduate went public with her allegations in a December 17 article by Robin Doolittle in the Globe and Mail. In so doing, Hwang violated the terms of a non-disclosure agreement that she felt she was forced to sign in return for a settlement of $7,138.34.
In the years following the settlement, the VSO stopped hiring Hwang as a violin extra.
The VSO stated in the January 6 letter that that it “has not taken, and does not intend to take, any steps to bring a claim against Ms. Hwang for the breaches of the confidentiality agreement”.
In addition, the VSO committed not to include confidentiality agreements in any future agreements “involving sexual misconduct such as sexual assault and rape unless a one‑way confidentiality agreement is specifically requested by the complainant”.
This marks a reversal from the VSO’s position in the wake of the Globe and Mail article. On December 18, a lawyer representing the VSO wrote a letter to Hwang declaring that the VSO “reserved the right to take all steps to enforce its contractual rights arising from your breaches of the Confidentiality Agreement, including by commencing a lawsuit against you”.
Petition signatories blasted Vancouver Symphony Orchestra
In the wake of the VSO’s cease and desist letter, nearly 15,000 people signed an online petition calling for changes. The petition demanded that the VSO commit to ending the use and enforcement of agreements that restrict people from speaking out against harassment, discrimination, sexual misconduct or abuse.
The petition also urged the VSO to “confirm that it will not pursue legal action against Esther Hwang and issue a public apology for the cease and desist letter”.
Many of the signatories wrote comments condemning the VSO for trying to silence Hwang.
On January 6, the VSO insisted that it decided to send the cease and desist letter “because current VSO employees (not the person against whom the assault allegations were made) have been publicly identified with unproven allegations, including those that have been found to be unsubstantiated by independent investigation”.
For her part, Hwang has publicly rebuked the conclusions of the VSO-commissioned external investigation by the law firm Southern Butler Price.
While the VSO expressed “regret” in its recent letter for pain created by the confidentiality agreement, it did not explicitly apologize to Hwang or say it was sorry. Moreover, the VSO noted that the confidentiality agreement remains in place.
“Institutions like ours have a responsibility to listen carefully, but also to act in ways that are responsible, measured, and grounded in standards of good governance,” the VSO stated. “For that reason, we cannot unilaterally change or waive a binding agreement from 2019, as doing so would pose real legal risks to the organization and its stakeholders. The Musicians’ Union has also not waived the confidentiality agreement.”
Orchestra emphasizes commitment to respectful workplace
Near the end of the letter, the VSO pointed out that there has never been a restriction on speaking to the police about the allegations.
“The VSO has encouraged this step and will unreservedly facilitate and participate in any such investigation,” it added.
The VSO also listed several steps that it has taken over several years to “further strengthen our commitment to a safe, respectful, and inclusive workplace”.
These include firing a full-time human resources director, appointing respectful workplace officers, implementing mandatory respectful workplace training, updating the employee handbook, and ensuring ongoing board oversight of the organizational culture and human resources practices. The letter also spoke of increasing diversity in its orchestra, staff, and board of directors.
“We know that policies alone do not create trust—it is built through consistent action, transparency, and accountability over time, and we are committed to using this ongoing dialogue to better meet the expectations of our people,” the VSO acknowledged. “Our priority will continue to be supporting our musicians and staff, and responding thoughtfully and responsibly to concerns.”
Learn more about the communities that make up Canada on the Toronto Spark website. The Toronto Spark is on Bluesky @torontospark.bsky.social.
