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

James M. Bladel jbladel at godaddy.com
Wed Apr 6 22:33:58 UTC 2016


Thanks, Bruce and Mary.

In response to Donna’s question, would you consider the training resources and applicable policy (Code of Conduct) would govern members of the Board equivalent (but perhaps not identical) to Staff?

Thanks—

J.


From: <owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org>> on behalf of Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au<mailto:Bruce.Tonkin at melbourneit.com.au>>
Date: Wednesday, April 6, 2016 at 16:51
To: Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Cc: GNSO Council List <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy

Correct.  The Anti-harassment training is via an online course that includes videos and there are questions at the end that must be passed to complete the module.

Sent from my iPhone

On 7 Apr 2016, at 7:28 AM, Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>> wrote:

Hello Donna and everyone,

My understanding is that the Board is subject to a Code of Conduct which supplements the ICANN Expected Standards of Behavior and which requires the Board to adhere to a high standard of ethical conduct. In addition, in line with California law, all Board members and corporate officers undergo training and certification each year on anti-harassment and other management functions and issues.

Cheers
Mary


Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>
Telephone: +1-603-5744889


From: <owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org>> on behalf of "Austin, Donna" <Donna.Austin at neustar.biz<mailto:Donna.Austin at neustar.biz>>
Date: Wednesday, April 6, 2016 at 13:35
To: Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, "James M. 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: [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> [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<mailto: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<https://urldefense.proofpoint.com/v2/url?u=http-3A__domainincite.com_18772-2Dicann-2D53-2Dlaunches-2Dwith-2Drisky-2Dcaitlyn-2Djenner-2Djoke&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc&s=h3XcnXqB85gfZ3Y7DZ8az_JrLeKiCfPqWb4lAHQf4_w&e=>

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 14th.

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> [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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_blog_conduct-2Dat-2DICANN-2Dmeetings&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc&s=2bT0nSpiH1q_-tgjleaUvWdNq2u6d8arN9tI0S9B0VU&e=>).

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__lists.ncuc.org_pipermail_ncuc-2Ddiscuss_2016-2DMarch_018488.html&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc&s=8hUYalyHSVt4n-N7pswf04QMWd3qMc5hEdlArbgm240&e=>) 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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_blog_conduct-2Dat-2Dicann-2Dmeetings&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc&s=kieUDRl76GvEhQPJxetsJ4aez7X5o2Vea2-dIT5x-Uc&e=>



http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html<https://urldefense.proofpoint.com/v2/url?u=http-3A__lists.ncuc.org_pipermail_ncuc-2Ddiscuss_2016-2DMarch_018488.html&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr56eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc&s=8hUYalyHSVt4n-N7pswf04QMWd3qMc5hEdlArbgm240&e=>



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