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

[Rafik Dammak]

Hi,

Thanks for suggesting this Milton.
I think that may be useful to give the context for this statement. I think
most of us are aware about the sexual harassment incident that happened in
Marrakech meeting and when Padmini speaked out about it during the
NCSG-Board meeting. the statement is supposed to support her and urging for
creating anti-harassment policy.

however, she sent a statement in the last days to several public lists,
including ncuc list, disclosing her communication with ombudsman and
revealing the identity of the accused. NCUC was mentioned in her statement
too. some NCUC folks felt that revealing the name of the accused was not
appropriate and raises legal question. I understand that Padmini is taking
the full responsibility of her actions her . We will continue to support
her with regard to the establishing a general anti-harassment policy ,
pressing ICANN and board to do so but it is unlikely to be entirely behind
the approach followed.

personally, I don't want NCUC to get into this polemic , to which we cannot
have a clear and common position with regard the approach followed in this
case. I would prefer support a more general policy and creating a clear
process that work  first by preventing those incidents from happening and
then handling them effectively when they happen . we are a group who tended
to be impacted by those bypassing processes, so we have to be consistent
here.

I want also to remind that the rest of the world is not ruled by US bill of
rights and the first amendment, it is also neither a litigious society
where things are solved mostly via courts nor is tribal society making
justice by themselve . Freedom of speech is a right but not absolute and
there are limitations outlined by law.
We have to appreciate this side as we are a diverse group and we claim to
be , in public.

looking to hear from others. for now, I am trying to weigh what we would
like to achieve here and what can be the impact of our message here .

Best,

Rafik


2016-03-20 8:25 GMT+09:00 Mueller, Milton L <milton at gatech.edu>:

> 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> wrote:
>
>
>
> So you only don’t like point 1?
>
> What about the other points?
>
>
>
> *From:* Robin Gross [mailto:robin at ipjustice.org <robin at ipjustice.org>]
> *Sent:* Saturday, March 19, 2016 6:20 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
>
>
>
> 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> 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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>
>
>
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