PEI

Unions ask for arbitrator to look at info UPEI removed from public report

Two women who signed non-disclosure agreements with UPEI a decade ago have been permanently released from their NDAs. But the school's faculty association says more information is needed.

'Getting to the bottom of what happened is how we are going to prevent it from happening again'

Document with many phrases and sentences blacked out.
An excerpt from the heavily redacted Rubin Thomlinson report talking about the experience of UPEI complainants who signed non-disclosure agreements. (Kerry Campbell/CBC News)

Multiple unions at the University of Prince Edward Island are calling for an independent review to look at information UPEI redacted from a lengthy report looking into harassment, discrimination and unfair treatment processes on campus. 

That report and investigation, from the firm of Rubin Thomlinson, came after multiple claims of sexual harassment were brought forward against the university's former president. It also looked at UPEI's use of non-disclosure agreements, including with some of the people who came forward.

On Thursday, the university announced it was permanently releasing from their confidentiality requirements two women who had spoken out.

But the unions have taken issue with the amount of information blacked out in the copy of the report UPEI released to the public.

"In order to react to the report appropriately, we need to have a lot more information," said Margot Rejskind, executive director of the UPEI Faculty Association.

"Getting to the bottom of what happened is how we are going to prevent it from happening again."

Unions offer to split costs for arbitrator

On Thursday, the faculty association together with two branches of the Canadian Union of Public Employees – locals 1870 and 501 – sent a letter to UPEI interim president Greg Keefe proposing to split the cost of having an independent arbitrator come up with their own redacted copy of the report.

That copy would be based on criteria contained in P.E.I.'s Freedom of Information and Protection of Privacy Act.

Normally such a review would be requested from the province's information and privacy commissioner, but as the unions pointed out in their letter, "It often takes several years to receive a formal ruling from the provincial privacy commissioner."

A woman in a black top looked at a web cam.
UPEI Faculty Association executive director Margot Rejskind says with portion of the report still redacted, it's hard to know how appropriate UPEI’s response has been. (Zoom)

The faculty association said it's been advised the redactions were made by legal counsel representing the university, and suggested someone less connected to the file should be the one making decisions on what can and cannot be shared with the public.

Information would lead to privacy breach, UPEI says

In an email to CBC News regarding the broadcaster's own information request on the matter, a UPEI representative said the university "has determined the disclosure of personal information would result in the unreasonable invasion of one or more third person's personal privacy."

The university has also pointed to a section of the report where the authors noted some redactions would likely be required.

"We hope that the public and the media will accept and understand that in a report of this kind, some redactions are necessary and inevitable, to provide a balance between the protection of privacy on the one hand, and public disclosure on the other," the authors wrote.

Report calls for 'urgent action'

The report, released in June, concluded UPEI "has failed to create a safe, respectful, and positive environment for working and learning for all members of its community."

Rubin Thomlinson described "dire" problems on campus that it said "should raise alarm bells and spark urgent action."

The university is creating an advisory panel to develop an action plan to respond to the report's recommendation, which will include representation from the unions. 

Two students walking in front of the main building on the UPEI campus.
The Rubin Thomlinson report looking into harassment, workplace bullying and other issues at UPEI concluded there are 'dire' problems on campus requiring 'urgent action.' (Randy McAndrew/CBC)

But Rejskind said the unions have been told panel members won't be provided with unredacted copies of the report, which she said will leave them with no way of knowing if the university is properly responding to all the problems identified.

"If there are things in there that are in the public interest to be known, we think they should be known," Rejskind said. 

"We need to understand as much as we can about what has happened if we are going to respond to it appropriately."

CBC News reached out to UPEI Friday asking whether it would consider the proposal from the unions, but did not receive a response.

With files from Steve Bruce and Victoria Walton