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

In my view this is a good example of the difference between matters that are adequately covered by the acceptable conduct policy we already have, that applies to all of us, and a harassment policy. Steve was not harassing anyone, he made a joke in poor taste. IN my view, his comms people should have warned him off it (Somebody put together that powerpoint with the picture on it, not him). In my view, (and in many policies) harassment has to be directed at someone. This was not. 
cheers Stephanie

On 2016-04-07 13:08, Phil Corwin wrote:


Donna:

I would think the answer is that they are covered by both.

The staff policy would pertain to their interactions with staff.
The contemplated new community policy applicable to conduct at ICANN meetings would seem to be the one that would cover a future incident in which a Board member made a public statement or joke that was deemed “offensive” by one or more non-staff members of the community. 

Best, Philip

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*From:*Austin, Donna [mailto:Donna.Austin@xxxxxxxxxxx]
*Sent:* Wednesday, April 06, 2016 1:36 PM
*To:* Phil Corwin; James M. Bladel; GNSO Council List
*Subject:* 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@xxxxxxxxxxxxxx <mailto:owner-council@xxxxxxxxxxxxxx> [mailto:owner-council@xxxxxxxxxxxxxx] *On Behalf Of *Phil Corwin 
*Sent:* Wednesday, 6 April 2016 9:33 AM
*To:* James M. Bladel <jbladel@xxxxxxxxxxx <mailto:jbladel@xxxxxxxxxxx>>; GNSO Council List <council@xxxxxxxxxxxxxx <mailto:council@xxxxxxxxxxxxxx>> *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*

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*Suite 1050*

*Washington, DC 20004*

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*/"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@xxxxxxxxxxxxxx <mailto:owner-council@xxxxxxxxxxxxxx> [mailto:owner-council@xxxxxxxxxxxxxx] *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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