[NCUC-DISCUSS] Statement from NCUC executive committee

[Padmini]

Thank you for this clear statement, and the support for many of the issues
I raised.
I would just like to put on record that the phrases "*substantive due
process*" and "*evidentiary burden being met*" have been echoed by me
vocally and repeatedly throughout the entire process, both to the ombudsman
and to many of you. I am a student of the law, and have these principles,
including natural justice well drilled into my head. If there wasn't a
failure of process, and such a short time span to engage with the issue at
the site of the cause of action arising itself [given that the conference
was in Marrakech for 5 days], I might not have taken these steps that I
felt constrained to later.
Just pointing out, there is no trial, no court, and my statement is my own,
which I can back up with evidence. I do not understand why issues of
unfairness of procedure are being raised when there is *no procedure in the
first place*.
I would really appreciate it, generally, if that were acknowledged.

Thanks everyone.

Padmini Baruah
V Year, B.A.LL.B. (Hons.)
NLSIU, Bangalore

On Thu, Mar 24, 2016 at 10:26 AM, Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca> wrote:

> 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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