[NCUC-DISCUSS] Statement from NCUC executive committee

[Stephanie Perrin]

Thank you very much for publishing this statement.  I think it is very 
helpful, and indeed crystallizes some of the issues.
Stephanie Perrin

On 2016-03-23 22:44, Rafik Dammak wrote:
> STATEMENT OF THE NONCOMMERCIAL USERS CONSTITUENCY EXECUTIVE COMMITTEE 
> (NCUC-EC) ON SEXUAL HARASSMENT
>
> Accusations of sexual harassment at ICANN 55 raise two issues, which 
> must be kept distinct. One is whether this particular incident 
> constituted sexual harassment and if so, what would be an appropriate 
> response. The other is whether ICANN needs to be better prepared to 
> handle situations like this with well-defined policies and procedures. 
> We believe that these two issues are being confused.
>
> With regard to the alleged incident, there is very little objective 
> evidence, and the community is grappling with this issue in the 
> absence of a clear, commonly accepted definition of sexual 
> harassment.* We hope that this question is resolved fairly and 
> proportionately through further investigation and verification rather 
> than through allegations in public forums and email lists.
>
> With regard to the second issue, we strongly agree that action needs 
> to be taken and look forward to assisting the staff and the board with 
> the development of appropriate policies and procedures. Since NCUC is 
> a rights-focused stakeholder group, the Executive Committee takes a 
> principled stance toward the issue and requests that any sexual 
> harassment policy must:
>
>  a) be developed in an atmosphere of impartial, open discussion in 
> which all viewpoints can be heard and respected;
>  b) be based on clear, unambiguous definitions of sexual harassment 
> that can be readily understood and applied by all ICANN participants;
>  c) respect the privacy, procedural and substantive rights of both the 
> accuser and the accused
>
>
>
> * A typical definition of SH from U.S. law is: "Unwelcome sexual 
> advances, requests for sexual favors, and other verbal or physical 
> conduct of a sexual nature constitute sexual harassment when 
> submission to such conduct is made either explicitly or implicitly a 
> term or condition of an individual's employment, submission to or 
> rejection of such conduct by an individual is used as the basis for 
> employment decisions affecting such individuals, or such conduct has 
> the purpose or effect of unreasonably interfering with an individual's 
> work performance or creating an intimidating, hostile, or offensive 
> working environment. (29 C.F.R. § 1604.11 [1980])
>
>
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