Fwd: Re: [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Wed Apr 6 20:31:51 UTC 2016


and one more time....
SP

-------- Forwarded Message --------
Subject: 	Re: [council] RE: For Discussion: GNSO Letter to Akram Atallah 
re: ICANN Harassment Policy
Date: 	Wed, 6 Apr 2016 16:28:01 -0400
From: 	Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
To: 	Jennifer Gore Standiford <JStandiford at web.com>, James M. Bladel 
<jbladel at godaddy.com>, Austin, Donna <Donna.Austin at neustar.biz>, Phil 
Corwin <psc at vlaw-dc.com>, GNSO Council List <council at gnso.icann.org>



I am sorry to be late with my feedback.  This is a great effort so far, 
but I must say I find it a wee bit over the top.  Let me explain why:

  * The list of offensive (inappropriate of unwanted) conduct is
    exhaustive but not necessarily helpful.  "at a minimum" needs to go,
    as Phil has pointed out.  The problem in harassment policies in my
    view arises in the matter of how to determine "offensive" now
    "inappropriate", particularly across cultures.  It would be more
    helpful to expand on this, explaining the cross-cultural nature of
    ICANN and give guidance on how to conduct oneself
    /tentatively/.....eg. if you are Dutch and in the habit of greeting
    people with three kisses, ask first.  I don't think we want to shut
    down normal gestures of familiarity and affection, but maybe we
    do....it is worth a discussion.  The other part that needs to go
    unless you want us all to be tied into legal quandries is this: "or
    any other category protected by any applicable governing law". What
    are the laws of Finland on public deportment, discrimination, etc.
    ?  Where do we go next, how do I check the laws there?  I don't find
    this helpful. If you are going to include language like this, we
    will have to have the already burdened Constituency Travel send out
    advisories:  eg.  When in Turkey, do not make jokes about Ataturk as
    it is forbidden by law,  etc. etc.
  * There needs to be a section discussing the rights of the accused,
    and their rights to confidentiality.  It is my view that we need a
    privacy policy more than a harassment policy, because I feel that
    inappropriate conduct is in fact already covered by our acceptable
    conduct policy, but here we are anyway.  The accused has a right to
    have investigations conducted properly, and in confidence in my
    view, so how that is going to take place, who does them, when the
    accuser is permitted to go public,etc. needs quite a bit of work.

  * "By participating in an ICANN conference, you agree to prohibit
    harassment....."

I actually think we should not demand that anyone who agrees to 
participate in an ICANN conference should have to agree to take on the 
role of enforcer of a harassment policy.  Further on this:

  *

    "You shall report any actions that you believe may violate our
    policy no matter how slight the actions might seem".

This is not necessary.  Anyone who experiences harassment ought to be 
capable of determining themselves whether there was abuse, let us not 
invite people to interfere with other people's jokes unless those jokes 
are offending them, the listener.  In other words, I take no offence at 
Michele N calling me a crazy tree-hugger, and I really don't want to be 
dragged into Chris Lahatte's office to discuss it just because someone 
overheard it and felt I ought to be offended.  Now if they are offended, 
(eg. they are a tree-hugger and are offended at the suggestion that I 
ought to be considered in that group) they can make their own complaint 
and leave me out of it.  In a policy such as this, one has to be quite 
careful about how wide one opens the door.

However, thanks to all who worked on this, it is very difficult to craft 
a good harassment policy and enforcement mechanism, and my hat is off to 
you on efforts so far. I would also like to apologize to anyone whom I 
have either touched or kissed hello over the three years I have been 
attending ICANN.  I meant no harm, I spent too much time in Montreal 
(where we kiss everybody only twice) and I will strive to be more 
guarded in future.

I spent a year working in our central agency in the Canadian Government, 
working on the ethics code and a limited time also on evaluating 
workplace wellness (including harassment) policies and implementation in 
the departments.  I like the Canadian approach, and offer you the link 
here: http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/index-eng.asp. 
In particular, the tools that help evaluate whether an act constitutes 
harassment I think are useful: 
http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/mibh-sjh-eng.asp. 
They put an emphasis on the activity needing to be repeated, or one 
action to be extreme...this may be more applicable in a workplace 
environment but I think the tests are nevertheless relevant.

Cheers Stephanie Perrin

On 2016-04-06 15:00, Jennifer Gore Standiford wrote:
>
> James and Colleagues,
>
> Thanks to Donna and Phil for their constructive feedback. With that, 
> please review and provide any additional feedback based on  the 
> revised draft ‘ICANN Conference Harassment – Key Points for 
> Consideration’.
>
> The attached addresses the following feedback received thus far,  in 
> particular:
>
> Are Dr Crocker and the other Board members covered under the ICANN 
> staff policy on Sexual Harassment or would they be covered under a 
> community ICANN attendee policy?
>
> Included the following sentence: ‘The term “ICANN Conference 
> Attendees” includes event registered and non-registered participants, 
> sponsors, contractors, consultants, staff and board members.’
>
> This very extensive list of potential offenses being non-exclusive 
> (indicated by the words “At a minimum” that start the document)
>
> Removed term “ At a minimum”
>
> The use of the modifier “Offensive” at the start of sections 1-4, in 
> that this subjective standard inevitably raises the question 
> “offensive to whom”? In this regard, I think there must be some 
> element of intent to harass or demean in the behavior subject to 
> sanction, and that any policy should recognize that the cultural 
> diversity of ICANN meeting attendees may lead to situations where 
> remarks that are not intended to offend may nonetheless do so.
>
> Replaced the word ‘ offensive’ with ‘unwanted’ or ‘inappropriate’
>
> A need to strictly define, and limit, the “prompt, appropriate 
> remedial action” that ICANN staff may take if they determine that 
> harassment has occurred (as well as whether ICANN staff are the 
> appropriate parties to undertake such investigations, and whether the 
> investigatory and judgmental/sanctioning roles should be separate).
>
> Change verbiage to state ‘ICANN staff is required to…’ instead of ‘may’
>
> Contradictory language regarding whether an individual who believes 
> that he/she has witnessed harassment should report it, or must report it.
>
> Change the verbiage to sake of consistency. Opted for ‘should/shall’ 
> vs. ‘required/will’
>
> The outstanding questions that James has outline should remain 
> included in the GNSO letter to ensure each item is addressed.
>
> Thanks
>
> Jennifer
>
> *From:*James M. Bladel [mailto:jbladel at godaddy.com]
> *Sent:* Wednesday, April 06, 2016 1:57 PM
> *To:* Jennifer Gore Standiford; Austin, Donna; Phil Corwin; GNSO 
> Council List
> *Subject:* Re: For Discussion: GNSO Letter to Akram Atallah re: ICANN 
> Harassment Policy
>
> Thanks Jennifer, Phil and Donna for weighing in.
>
> Perhaps the concern is that we’ve called this document a “draft” but 
> it too closely resembles a finished policy.  I believe (and I think 
> Jennifer’s note confirms) that this was intended to start a dialogue 
> in whatever subsequent group addresses this work, and a mechanism for 
> relaying GNSO ideas, questions and concerns in to that effort.
>
> I appreciate the discussion, and hope that we can all get to a place 
> where we’re either comfortable with the draft, or we amend it, or 
> substitute it with something else.
>
> Thanks—
>
> *From: *Jennifer Standiford <JStandiford at web.com 
> <mailto:JStandiford at web.com>>
> *Date: *Wednesday, April 6, 2016 at 12:46
> *To: *"Austin, Donna" <Donna.Austin at neustar.biz 
> <mailto:Donna.Austin at neustar.biz>>, Phil Corwin <psc at vlaw-dc.com 
> <mailto:psc at vlaw-dc.com>>, James Bladel <jbladel at godaddy.com 
> <mailto:jbladel at godaddy.com>>, GNSO Council List 
> <council at gnso.icann.org <mailto:council at gnso.icann.org>>
> *Subject: *RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN 
> Harassment Policy
>
> Hi Phil and Colleagues,
>
> Just a friendly reminder the attached document that was put forth in 
> the GNSO Letter to Akram was referred to as a draft. James also 
> included several questions that remain unanswered that will need to be 
> address in addition to the points that you and Donna have raised.  As 
> for Donna’s specific question, I would anticipate that ICANN 
> Conference Participants would be a defined term that would include all 
> ICANN staff and board members.
>
> Jennifer
>
> *From:*owner-council at gnso.icann.org 
> <mailto:owner-council at gnso.icann.org> 
> [mailto:owner-council at gnso.icann.org] *On Behalf Of *Austin, Donna
> *Sent:* Wednesday, April 06, 2016 1:36 PM
> *To:* Phil Corwin; James M. Bladel; GNSO Council List
> *Subject:* [council] RE: For Discussion: GNSO Letter to Akram Atallah 
> re: ICANN Harassment Policy
>
> Hi Phil
>
> It’s a good point and also raises another one for me. Are Dr Crocker 
> and the other Board members covered under the ICANN staff policy on 
> Sexual Harassment or would they be covered under a community ICANN 
> attendee policy?
>
> Donna
>
> *From:*owner-council at gnso.icann.org 
> [mailto:owner-council at gnso.icann.org] *On Behalf Of *Phil Corwin
> *Sent:* Wednesday, 6 April 2016 9:33 AM
> *To:* James M. Bladel <jbladel at godaddy.com>; GNSO Council List 
> <council at gnso.icann.org <mailto:council at gnso.icann.org>>
> *Subject:* [council] RE: For Discussion: GNSO Letter to Akram Atallah 
> re: ICANN Harassment Policy
>
> Thinking about this a bit more – how would this incident be treated 
> under any proposed Harassment Policy?
>
> http://domainincite.com/18772-icann-53-launches-with-risky-caitlyn-jenner-joke
>
> Some found it offensive, and an apology was issued by Chairman 
> Crocker. Is that sufficient or would reporting and investigation be 
> required?
>
> *Philip S. Corwin, Founding Principal*
>
> *Virtualaw LLC*
>
> *1155 F Street, NW*
>
> *Suite 1050*
>
> *Washington, DC 20004*
>
> *202-559-8597/Direct*
>
> *202-559-8750/Fax*
>
> *202-255-6172/Cell*
>
> **
>
> *Twitter: @VlawDC*
>
> */"Luck is the residue of design" -- Branch Rickey/*
>
> *From:*Phil Corwin
> *Sent:* Wednesday, April 06, 2016 12:07 PM
> *To:* 'James M. Bladel'; GNSO Council List
> *Subject:* RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN 
> Harassment Policy
>
> Colleagues:
>
> I support in principle sending a letter to Akram on this subject and 
> establishing clearer, enforceable policies regarding sexual and other 
> forms of harassment that may take place at ICANN meetings.
>
> However, while I am strongly opposed to any form of such harassment, I 
> have some concerns about the proposed draft Harassment Policy, 
> relating to:
>
> ·This very extensive list of potential offenses being non-exclusive 
> (indicated by the words “At a minimum” that start the document)
>
> ·The use of the modifier “Offensive” at the start of sections 1-4, in 
> that this subjective standard inevitably raises the question 
> “offensive to whom”? In this regard, I think there must be some 
> element of intent to harass or demean in the behavior subject to 
> sanction, and that any policy should recognize that the cultural 
> diversity of ICANN meeting attendees may lead to situations where 
> remarks that are not intended to offend may nonetheless do so.
>
> ·A need to strictly define, and limit, the “prompt, appropriate 
> remedial action” that ICANN staff may take if they determine that 
> harassment has occurred (as well as whether ICANN staff are the 
> appropriate parties to undertake such investigations, and whether the 
> investigatory and judgmental/sanctioning roles should be separate).
>
> ·Contradictory language regarding whether an individual who believes 
> that he/she has witnessed harassment should report it, or must report it.
>
> I look forward to engaging in a discussion of these matters on our 
> call of April 14^th .
>
> Best regards, Philip
>
> *Philip S. Corwin, Founding Principal*
>
> *Virtualaw LLC*
>
> *1155 F Street, NW*
>
> *Suite 1050*
>
> *Washington, DC 20004*
>
> *202-559-8597/Direct*
>
> *202-559-8750/Fax*
>
> *202-255-6172/Cell*
>
> **
>
> *Twitter: @VlawDC*
>
> */"Luck is the residue of design" -- Branch Rickey/*
>
> *From:*owner-council at gnso.icann.org 
> [mailto:owner-council at gnso.icann.org] *On Behalf Of *James M. Bladel
> *Sent:* Monday, April 04, 2016 7:46 PM
> *To:* GNSO Council List
> *Subject:* [council] For Discussion: GNSO Letter to Akram Atallah re: 
> ICANN Harassment Policy
>
> Council Colleagues —
>
> Attached and copied below, please find a draft letter from the Council 
> to Akram Atallah, in response to his recent blog post (“Conduct at 
> ICANN Meetings” 
> https://www.icann.org/news/blog/conduct-at-ICANN-meetings).
>
> In this note, I set out to make some high-level points that support 
> further work in this area, without weighing in on any specific 
> indecent.  Also, the letter references a statement from the NCUC ExCom 
> (“Statement from NCUC Executive Committee” 
> http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html) 
> and the ICANN Harassment Policy drafted by our volunteers (attached), 
> and urges any future effort to consider these materials.
>
> If possible, please review these documents prior to our next call on 
> 14 APR.  We can collect edits and then decide if/how we want to proceed.
>
> Thank you,
>
> J.
>
> ------------------------------------------------------------------------
>
> Akram Atallah
>
> COO and interim CEO, ICANN
>
> Dear Akram –
>
> On behalf of the GNSO Council, we would like to thank your for your 
> recent blog post (“Conduct at ICANN Meetings”). Members of the 
> Council, and all of the GNSO Stakeholder Groups and Constituencies, 
> share the goal of ensuring that all members of the community can 
> participate in and contribute to ICANN, in an environment where 
> harassment and discrimination are not tolerated.
>
> Without passing judgment on any specific incident, we are encouraged 
> by the commitment from Staff and the Board to engage the community on 
> this subject.
>
> In support of this, volunteers on the Council have prepared a draft 
> (“ICANN Conference Harassment Policy”, attached). Several questions 
> remain open, however, including:
>
> ?Whether this Policy would enhance, or be distinct from, the existing 
> Expected Standards of Behavior policy
>
> ?Whether complaints would be reported to ICANN Staff, or the Office of 
> the Ombudsman, or some other entity or group
>
> ?How the policy will be enforced, and
>
> ?Other topics and questions that will arise from this work.
>
> We expect that members of the GNSO community will be engaged in this 
> effort, and note that some have already undertaken work in their own 
> groups (“Statement from NUCU Executive Committee”).  We urge this 
> group to consider these materials in any community undertaking to 
> develop new policy addressing this issue.
>
> Thank you
>
> Donna Austin, GNSO Vice-Chair
>
> James Bladel, GNSO Chair
>
> Heather Forrest, GNSO Vice-Chair
>
> https://www.icann.org/news/blog/conduct-at-icann-meetings
>
> http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html
>
> ------------------------------------------------------------------------
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