FINAL VERSION TO BE SUBMITTED IF RATIFIED
The final version to be submitted, if the draft is ratified, will be placed here by upon completion of the vote.
FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC
The final draft version to be voted upon by the ALAC will be placed here before the vote is to begin.
The At-Large Community welcomes the drafting of a comprehensive Anti-Harassment Policy.
On the whole, the document is well written, although there are several instances where the extensive listing of details could be counter-productive, as it makes the list look like an exhaustive list. As a result, this could be interpreted that anything not on the list, is actually acceptable.
Commenting on specific points:
1. Behave in a professional manner, demonstrate appropriate behavior and treat all members of the ICANN community in a respectful, dignified, decent manner at all times, including in face-to-face and on-line communications, irrespective of Specified Characteristics so that individuals of all backgrounds and cultures are made to feel welcome.
Whilst it agrees with its intent, the ALAC is concerned about the expression “professional manner”. Strictly speaking a “professional manner” is possible in a company where the policy is intended towards employees, but ICANN is a community. The ALAC proposes that the first sentence starts with “Behave in a correct and civilized way,” keeping the rest of the sentence unchanged.
2. Refrain from harassment of any type. Harassing conduct or commentary may take many forms, including verbal acts and name-calling and written statements, which may include use of phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating.
“Name-calling” is a hard to translate English expression that is ambiguous and might be misinterpreted. The ALAC suggests replacing "name-calling" with “insults, pejorative language”.
However, the ALAC also has concerns regarding the freedom of expression when it comes to commenting on ICANN leaders, for example, via social media. In many cultures and societies, satire and parodies of political and business leaders are common and acceptable social practice. Will jokes about ICANN leaders via social media, for example, be regarded as a form of harassment?
Further down in (2):
• Grabbing, groping, kissing, fondling, hugging, stroking someone’s hair, or brushing against another’s body
In some cultures, most of the above actions are appreciated when done with the full consent of the person. The issue of “consent” is missing in this sentence. The ALAC recommends that “without that person’s consent” be appended to this bullet point, or that the bullet point be split so as to have “grabbing” and “groping” taken out of this point and the rest having “without that person’s consent” appended.
Some At-Large members expressed concern that their traditional greetings between friends involving kissing on the cheeks, might be classified as being harassment when it clearly is not. Please see our overall comment above.
• Violating someone’s “personal space” after being told you are doing so
“After being told you are doing so” was recognised by the At-Large Community as being a key sentence that should be applied to other behaviors.
“When someone doesn’t want to shake my hand – for any reason whether personal or religious – I respect it and I remember that for my future interaction with this person”, said one commenter.
Finally, the ALAC is concerned that ICANN would need such a large document to address harassment. An organisation called USENIX, for example, has a much shorter document that defines harassment:
“What constitutes harassment?
Harassment includes—but is not limited to—unwelcome conduct or offensive verbal comments related to gender, gender identity, gender expression, sexual orientation, age, disability, physical appearance, body size, race, national origin, or religion; deliberate intimidation, stalking, following, unwelcome or unauthorized photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Similarly, encouraging others to engage in such behavior is not permitted, nor are false accusations of harassment.”
And NTEN has a concise Web page with its own short code of conduct: https://www.nten.org/ntc/about-the-ntc/code-of-conduct/
Other examples abound.
Overall, our community would prefer that ICANN acknowledges the diversity of our global community and the acceptance or otherwise of what are socially accepted norms within different cultures. With the growth of cross-community interaction within ICANN, ICANN should encourage a greater awareness of regional and cultural diversity across its communities, but to also emphasise that it is quite OK for individuals to say what they deem as acceptable behaviour or not.
The other main concern is that this policy could be misused as a weapon against someone. This policy is best produced by professional HR persons who are familiar with the language and legal implications.
FIRST DRAFT SUBMITTED
The first draft submitted will be placed here before the call for comments begins.
The At-Large Community welcomes the drafting of a comprehensive Anti-Harassment Policy.
On the whole, the document is well written, although there are several instances where the extensive listing of details could be counter-productive, as it makes the list look like an exhaustive list. As a result, this could be interpreted that anything not on the list, is actually acceptable.
Commenting on specific points:
1. Behave in a professional manner, demonstrate appropriate behavior and treat all members of the ICANN community in a respectful, dignified, decent manner at all times, including in face-to-face and on-line communications, irrespective of Specified Characteristics so that individuals of all backgrounds and cultures are made to feel welcome.
Whilst it agrees with its intent, the ALAC is concerned about the expression “professional manner”. Strictly speaking a “professional manner” is possible in a company where the policy is intended towards employees, but ICANN is a community. The ALAC proposes that the first sentence starts with “Behave in a civil manner,” keeping the rest of the sentence identical.
2. Refrain from harassment of any type. Harassing conduct or commentary may take many forms, including verbal acts and name-calling and written statements, which may include use of phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating.
“Name calling” is a hard to translate English expression that is ambiguous and might be misinterpreted. The ALAC suggests writing “…including verbal acts, insults and pejorative language…”
However, the ALAC also has concerns regarding freedom of expression when it comes to commenting on ICANN leaders, for example, in social media parodies.
Further down in (2):
• Grabbing, groping, kissing, fondling, hugging, stroking someone’s hair, or brushing against another’s body
In some cultures, most of the above actions are appreciated when done with the full consent of the person. The issue of “consent” is missing in this sentence. The ALAC recommends that “without that person’s consent” be appended to this bullet point, or that the bullet point be split so as to have “grabbing” and “groping” taken out of this point and the rest having “without that person’s consent” appended.
Some At-Large members expressed concern that their traditional greetings between friends involving kissing on the cheeks, might be classified as being harassment when it clearly is not.
• Violating someone’s “personal space” after being told you are doing so
“After being told you are doing so” was recognised by the At-Large Community as being a key sentence that should be applied to other behaviors.
“When someone doesn’t want to shake my hand – for any reason whether personal or religious – I respect it and I remember that for my future interaction with this person”, said one commenter.
Finally, the ALAC is concerned that ICANN would need such a large document to address harassment. An organisation line Usenix, for example, has a much shorter document that defines harassment as:
“What constitutes harassment?
Harassment includes—but is not limited to—unwelcome conduct or offensive verbal comments related to gender, gender identity, gender expression, sexual orientation, age, disability, physical appearance, body size, race, national origin, or religion; deliberate intimidation, stalking, following, unwelcome or unauthorized photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Similarly, encouraging others to engage in such behavior is not permitted, nor are false accusations of harassment.”
14 Comments
Sebastien Bachollet
Hello,
I am not ready to write a first (or any) draft. But after the Euralo call yesterday, I was encourage to share some of my thoughts.
Off course I welcome and urge any comments and particularly any disagreement to try to find the right balance for an input by At-Large.
Maybe ICANN staff can cut and paste the document as a Google doc to allow comments directly on the document?
I have taken the document and included into [ ] my comments and questions.
Some of them maybe due to language understanding ;).
Draft: 31 October 2016
ICANN Community Anti-Harassment Policy
and
Terms of Participation and Complaint Procedure1 (not copy here)
As a condition of participation in ICANN’s multistakeholder processes, those who take part must:
1. Behave in a professional [can’t we find another word – I am not harassing people even in my personal life? Maybe the main question is: within ICANN do we need to apply a Company code of conduct or can we find a Community code of conduct?] manner, demonstrate appropriate behavior and treat all members of the ICANN community in a respectful, dignified, decent manner at all times, including in face-to-face and on-line communications, irrespective of Specified Characteristics so that individuals of all backgrounds and cultures are made to feel welcome. Specified Characteristics means age, ancestry, color, physical or mental disability, genetic information, medical condition (cancer and genetic characteristics), marital status, national origin, race, religion, sex (which includes pregnancy, childbirth, medical conditions related to pregnancy or childbirth, gender, gender identity and gender expression), sexual orientation, citizenship, primary language, or immigration status. [This is a long list. Do we need it? Are we not missing some characteristics?].
2. Refrain from harassment of any type. Harassing conduct or commentary may take many forms, including verbal acts and name-calling [I imagine that it is an English expression? Why not to be more direct and I thing better understood in other languages in using insult]; graphic [Does it means that a design from Charlie Hebdo will be forbidden in ICANN – what about freedom of speech?] and written statements, which may include use of phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Conduct does not have to intend to harm, be directed at a specific target, or involve repeated incidents in order for it to be deemed harassment. Examples of the types of inappropriate conduct that are prohibited by this policy include, but are not limited to, the following:
• Sexually suggestive touching
• Grabbing, groping, kissing, fondling, hugging, stroking someone’s hair, or brushing against another’s body [To much different behavior or action. I hope I will still be able to kiss my friends, to hug the one I know?]
• Touching that the actor may not have intended to be sexually suggestive but which constitutes uninvited touching, such as rubbing or massaging someone’s neck or shoulders
• Violating someone’s “personal space” after being told you are doing so [I think that a key sentence that we may apply to other behavior. When someone doesn’t want to check my hand – for any personal reason – I respect it and I remember that for my other interaction with this person]
• Leering, stalking, or suggestive whistling
• Gesturing in a sexually suggestive manner
• Circulating or posting written or graphic materials that show hostility or disrespect toward or that demean individuals because of Specified Characteristics as set forth above [It seams that ICANN will forbidden humor because not any one has the same?]
• Lewd or graphic comments or jokes of a sexual nature
• Distribution of sexually suggestive images and references to sexual behavior
• Repeated requests for dates, or unwanted communications of a romantic nature, after the individual receiving them indicates that she or he does not wish to receive them.
3. Refrain from retaliation against anyone for reporting any conduct or commentary that is inconsistent with the terms set forth above (“inappropriate behavior”) or for participating in an investigation of any such report or complaint.
Olivier Crepin-Leblond
I share the same concerns as Sébastien.
One thing that has caught my eye is: "after being told you are doing so "
This, in essence, is the key sentence for each clause: kissing someone on the cheeks becomes harassment when you are asked by the person not to do it, or that it makes them feel uncomfortable. Same for hugs etc. The proposed text misses this out and therefore makes the customary kiss on the cheeks practised in many Latin countries, France included, questionable, when it should not.
Re: humour, I am careful with this, as I know how some "old boys" jokes are highly offensive to other people, so perhaps this kind of jokes should be left outside.
But overall, to me, the defining factor is to stop doing something, whatever it is, after being asked to stop doing it.
Glenn McKnight
I don't disagree with the long list of types of potential targets for the typical 'school yard bully'. I haven't been a victim but those who have been need to feel that the environment is nurturing and welcoming regarding of their personal identification. We have a wide range of cultural habits and the kissing, hugs and other forms of physical encounter ranges and most people are culturally aware or open to learning what and what they can't do.
As I posted back months ago the NTEN Conference people have clear rules that are clearly marked at their registration and throughout the venue including signage for Gender Neutral bathrooms. This wasn't the case before but as all things fair we see an evolution of sensitivity. My friend went to a Real Estate Holiday dinner last night and they had a Cabaret show, similar to the 1920's Risque Berlin scene. It had inappropriate dressed performers causing undue stress to the female attendees and an opportunity for lewd remarks. My point is that we need to assess our activities including our Showcases , performers etc so that don't cause any potential embarrassment or harm
As stated as well that this policy is best produced by professional HR persons who are familiar with the language and legal implications
Olivier Crepin-Leblond
Thanks Glenn – any link to the NTEN policy? I am thinking including links to this and other policies.
Alberto Soto
Perhaps: behave in a correct and civilized way
Olivier Crepin-Leblond
"civilian" was not mentioned. It was "civil":
Glenn McKnight
Another issue is the legal process, where someone could use this policy as a weapon against someone.
A Canadian case went to trial regarding a person's comments on Twitter against two women
http://news.nationalpost.com/full-comment/christie-blatchford-ruling-in-twitter-harassment-trial-could-have-enormous-fallout-for-free-speech
The criminal harassment charge is rooted in the alleged victim’s perception of the offending conduct. The statute( Canadian Law) says if that conduct caused the alleged victims “reasonably, in all the circumstances, to fear for their safety”, that’s good enough.
G
Olivier Crepin-Leblond
We'll note the concern that this could be mis-used.
Maureen Hilyard
I have heard and agree with a statement that was made today in another context "Less is More". I'd leave out all the details in our current statement.
Within the At-Large community, we are generally more accepting of the cultural diversity that exists within our global community of regional At-Large organisations. We are more aware and tolerant of the behaviours of some cultures while resisting some of the behaviours of others (although sometimes this could be more directed towards an individual rather than to his/her culture.)
Perhaps it is because our focus in At-Large is more on the end-users as people and our wanting them to engage comfortably with us - whereas the technical community may feel more comfortable with a long list of don'ts.
I'd prefer that ICANN acknowledges the diversity of our global community and the acceptance or otherwise of what are socially accepted norms within different cultures. With the growth of cross-community interaction within ICANN, ICANN should encourage a greater awareness of regional and cultural diversity across its communities, but to also emphasise that it is quite OK for individuals to say what they deem as acceptable behaviour or not.
Olivier Crepin-Leblond
Thanks Maureen, but I am not understanding your first sentence. You are saying "I'd leave out all the details in our current statement". But the details are merely the quote (in blue) from the policy. So what details?
We explicitly ask say in our first paragraph:
On the whole, the document is well written, although there are several instances where the extensive listing of details could be counter-productive, as it makes the list look like an exhaustive list. As a result, this could be interpreted that anything not on the list, is actually acceptable.
Do we need to say more than that?
We'll add your last paragraph.
Maureen Hilyard
I originally felt that the long explanations of the examples of harassment were unnecessary. However, I can live with them since there is now an overall statement that explains our view.
Carlton Samuels
Maureen Hilyard wrote:
"I'd prefer that ICANN acknowledges the diversity of our global community and the acceptance or otherwise of what are socially accepted norms within different cultures. With the growth of cross-community interaction within ICANN, ICANN should encourage a greater awareness of regional and cultural diversity across its communities, but to also emphasise that it is quite OK for individuals to say what they deem as acceptable behaviour or not."
Big +1.
Now, the run of history has instructed that I should always be wary of those who would wish to whip all of us into shape. And as one who have been threatened with reporting to the Ombudsman for deliberately using emotive language syntaxed for effect and memory, I would be particularly concerned about attempts to invoke 'rules' that end up in chilling discussion and suppressing opposition to an idea or cause.
I was even recently accused of being 'disrespectful'; on account I described a position on a matter as not worth 'a bucket of warm spit'.
-Carlton
Olivier Crepin-Leblond
As mentioned in response to Maureen's note, we'll add that paragraph. Thanks for the support.
Cheryl Langdon-Orr