[NCUC-EC] Proposed statement on the sexual harassment issue

[Mueller, Milton L]

I am in total agreement. The accuser should have the right to speak out and in fact the Ombuds himself recognizes that his communications with a party can be revealed by that party, and I think Padmini has made the point that she takes responsibility for her accusations.

It was a mistake for the statement to imply that there should be any restriction on the free speech rights of the accuser. I will fix it.

--MM

From: Robin Gross [mailto:robin at ipjustice.org]
Sent: Saturday, March 19, 2016 7:16 PM
To: Mueller, Milton L <milton at gatech.edu>
Cc: ncuc-ec at lists.ncuc.org
Subject: Re: [NCUC-EC] Proposed statement on the sexual harassment issue

Yes, it is only a sub-point to 1 that I don’t like, regarding not being able to state who the alleged harasser is.

Thanks,
Robin

On Mar 19, 2016, at 3:44 PM, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:

So you only don’t like point 1?
What about the other points?

From: Robin Gross [mailto:robin at ipjustice.org]
Sent: Saturday, March 19, 2016 6:20 PM
To: Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>>
Cc: ncuc-ec at lists.ncuc.org<mailto:ncuc-ec at lists.ncuc.org>
Subject: Re: [NCUC-EC] Proposed statement on the sexual harassment issue

I have big problems with this statement.  If I believe someone harasses me, you can bet I reserve my right to say so, publicly, if I want.  And I must take responsibility for the statements - if they are false, I can be sued for defamation.  The other person can always give another side to the story.  An accusation is only an accusation.

I would not support a NCUC statement that requires people who believed they were harassed to be quiet about it.  Sorry, this proposed statement goes way too far in infringing free speech in my view.

Robin


On Mar 19, 2016, at 3:01 PM, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:

Dear fellow EC members:

Three of us have developed the following statement to address the controversy. Please let us know quickly whether you support it.

STATEMENT OF THE NONCOMMERCIAL USERS CONSTITUENCY EXECUTIVE COMMITTEE

In response to Ms. Padmini Baruah's "Statement on Sexual Harassment at ICANN 55" the NCUC Executive Committee wishes to make it clear that:

1. NCUC EC supports the development of a policy on sexual harassment by ICANN, but we do not support the disclosure of the name of the accused and the content of private correspondence on open mailing lists. We firmly believe that privacy and confidentiality are essential rights that both accused and accuser should enjoy equally.

2. We believe an adoption of a policy that clearly defines the process and imposes proper safeguards for both sides will allow such controversies to be avoided in the future.

3. In order to avoid the potential for abuse of such a policy and to avoid inculcating a climate of fear and intimidation around interpersonal interactions in the diverse ICANN community, any such policy must:

     a) be developed in an atmosphere of impartial, open discussion in which all viewpoints can be heard

     b) be based on clear, unambiguous standards that can be readily understood by ICANN participants

     c) respect the procedural and substantive rights of both the accuser and the accused


Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology


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