Vancouver orchestra won’t sue violinist who broke NDA

The Vancouver Symphony Orchestra says it won’t be taking legal action against a violinist who broke a non-disclosure agreement to go public with accusations that she had been raped by one of its senior musicians, then faced retaliation from the orchestra.

An open letter signed by VSO president Angela Elster and the symphony society’s board of directors says they regret the “suffering” endured by violinist Esther Hwang, who spoke out last month about the alleged attack she says took place several years ago.

The orchestra’s lawyer sent Hwang a legal threat the day after an article was published in the Globe and Mail, prompting an outcry from Hwang’s supporters, but Tuesday’s open letter says the recent controversy “prompted important reflection” within the organization.

The letter says the orchestra won’t use confidentiality agreements in the future in cases involving sexual misconduct or rape unless requested by a complainant.

It says the orchestra is taking Hwang’s concerns “extremely seriously,” and the alleged perpetrator hasn’t been employed by the orchestra since 2019, which is when Hwang received a payment of $7,100 in a settlement from the orchestra that also included the NDA.

Hwang says she felt compelled at the time to sign the confidentiality agreement after she claims she was raped by her former violin instructor at a post-performance party when she was intoxicated to the point of blacking out in 2018.