Office of Public Affairs
Acadia University
Wolfville, Nova Scotia
B0P 1X0
(902) 585-1708
DEFENCE
FILING
Associated Alumni of Acadia University (Plaintiff)
and
Governors of Acadia University (Defendant)
Monday October 30, 2000, 4 PM
OVERVIEW
The
Governors of Acadia University today filed their defence in response to
recent legal action launched by the Associated Alumni of Acadia University.
In
addition, the Governors of Acadia University filed a counterclaim against
the Associated Alumni of Acadia University, Vincent Leung, President; Steven
M. Pound, Executive Director and Katrina McLean, Assistant to the Executive
Director.
In
its defence filing, the Governors of Acadia University maintain that:
*The
stated objective of the Associated Alumni, under its statute of incorporation,
is to advance and support Acadia University.
*The
Alumni Affairs of Acadia have been managed by the University, on its premises,
by its employees in the University's Department of Alumni Affairs.
*By
legal statute, the Associated Alumni of Acadia University can neither receive
nor hold any gift to the University that exceeds 10,000 Pounds/CDN $23,000
*All
donations to the University are direct gifts to Acadia and have been responded
to in the form of a charitable receipt issued by the University.
In
its counterclaim, the Governors of Acadia University, claim that:
*In
or around 1975, Acadia began the compilation of a database of the University's
Alumni. Employees of various Acadia University departments wrote the programs
and compiled, coded and entered the data on the University's mainframe
computer.
*Vincent
Leung, Steven M. Pound and Katrina McLean wrongfully took, possessed, copied
and used the database, infringing upon Acadia University's copyright.
*Steven
M. Pound and Katrina McLean knowingly committed these acts while employees
of Acadia University, putting them in breach of their fiduciary duties
to Acadia by using/permitting the use of the University’s confidential
information.
*The
Governors of Acadia University is seeking an injunction to prevent further
use of the database by those not authorized to do so; seeking a return
of all copies of the database; an accounting of all funds gained by the
wrongful use of the database and repayment of those funds to the University.
The
University is disappointed with the action brought forward by those representing
the Associated Alumni and regrets that it has no option but to vigorously
defend itself. The Board of Governors through its chair has made every
possible effort to resolve all outstanding issues with regard to this matter.
Each initiative has been outrightly rejected by the Associated Alumni.
The
University is hopeful its counterclaim will result in a full disclosure
of the facts. It is also hopeful that its database will be returned.
During
the summer Acadia University solicited the opinions of numerous alumni.
No one considered legal action as a mechanism for resolution. The University
fears that those who are leading this action do not represent the views
of Acadia graduates.
The
Governors of Acadia want this matter to reach final resolution expeditiously
so that it might focus on its ultimate objective: providing an outstanding
post-secondary education to current and future students of Acadia University.
