<div><div dir="auto">Malcolm raises some issues in his email to the ripe-list.</div></div><div dir="auto"><br></div><div dir="auto">How can theese be addressed?</div><div dir="auto">Even under the current CoC with trusted contacts this is not defined.</div><div dir="auto"><br></div><div dir="auto">I personally does not have an answer to how to handle this.</div><div dir="auto">There was an incident in 2016 that may be used as a case study to better understand the complexity:</div><div dir="auto"><div><a href="https://omblog.icann.org/">https://omblog.icann.org/</a></div><br></div><div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">---------- Forwarded message ---------<br>From: <strong class="gmail_sendername" dir="auto">Malcolm Hutty</strong> <span dir="auto"><<a href="mailto:Malcolm@linx.net">Malcolm@linx.net</a>></span><br>Date: Wed, 16 Oct 2019 at 14:25<br>Subject: [ripe-list] Code of Conduct 3.0<br>To: <a href="mailto:ripe-list@ripe.net">ripe-list@ripe.net</a> <<a href="mailto:ripe-list@ripe.net">ripe-list@ripe.net</a>><br></div><br><br>Dear all,<br>
<br>
I understand that on Thursday afternoon the RIPE Plenary will be invited<br>
to adopt “Code of Conduct v3.0”. Unfortunately I must leave Rotterdam at<br>
lunchtime, so I am writing to share with you my reasons for believing it<br>
should not be approved.<br>
<br>
Code of Conduct v3.0 proposes the creation of a new entity, the “CoC<br>
Team” who will be invested with the power to hear allegations of breach<br>
of the Code of Conduct and decide what sanctions, if any, to apply to<br>
the community member in violation.<br>
<br>
Planned sanctions include, amongst other things,<br>
1. Not allowing someone to participate further in RIPE Meetings and/or<br>
other RIPE community spaces, for a set period or an indefinite period<br>
2. A public reprimand<br>
3. Requiring that a public apology is made<br>
<br>
Denying someone the opportunity to participate in RIPE is clearly a<br>
serious step. Issuing a public reprimand, or requiring a public apology<br>
(i.e. admission of guilt) is potentially seriously damaging to a<br>
person’s reputation. Since a public reprimand might make reference to<br>
the purposes of the Code, including the prevention of sexual harassment<br>
and racist abuse, and assert that the person was found to have violated<br>
the Code, but not necessarily say what the individual is alleged to have<br>
actually done, a public reprimand from the CoC team could have lasting<br>
impact on a person’s career prospects.<br>
<br>
It is therefore a matter of great importance to every member of this<br>
community that if such sanctions are ever applied, the most scrupulous<br>
process is used.<br>
<br>
Unfortunately, in my view the process set out in Code of Conduct 3.0 is<br>
very far from fit for purpose.<br>
<br>
For a start, given the gravity of the intended sanctions, I am stunned<br>
to see that the Code neither requires nor suggests that the CoC Team<br>
should attempt to speak to the accused individual to get their side of<br>
the story. Indeed, there is no requirement that the accused person is<br>
even informed of the details of the allegation against them. A public<br>
reprimand could be the first the subject hears of the matter.<br>
<br>
The right to be heard before being punished is not an obscure legalistic<br>
procedural device. It is fundamental to basic fairness.<br>
<br>
Granted, a right of appeal has been added to the Code (thank you Daniel<br>
Karrenberg for your urgent intervention!), but I do not think appeal<br>
after the fact is sufficient correction to a basically abusive process.<br>
<br>
Although the most egregious, that is far from the only flaw with Code of<br>
Conduct 3.0. It positively encourages anonymous complaints. Complaints<br>
are also encouraged not only from alleged “victims”, but also from<br>
“witnesses”<br>
<br>
The Code promises that the identity of the complainant will not be<br>
disclosed to the subject of the complaint, potentially making it<br>
impossible to understand the circumstances or provide an explanation.<br>
The person submitting a complaint is not disqualified under the Code<br>
from sitting as a member of the CoC Team adjudicating the complaint.<br>
Given that the Code also invites witness reports and assures witnesses<br>
that their reports will not be viewed less favourably because they have<br>
made multiple reports, it would be entirely consistent with the Code for<br>
the CoC Team to also act as as a Code of Conduct patrol, making reports<br>
of violations and then sitting in judgement on their own allegations.<br>
<br>
Thanks to anonymity, nobody outside the CoC team would even know if this<br>
were occurring.<br>
<br>
There are other problems, but this message is already too long.<br>
<br>
Throughout the Code, the emphasis is consistently on the CoC Team’s<br>
responsibility to the reporter. There is no such recognition of a<br>
responsibility to the person ‘under investigation’ – by which I mean,<br>
the person who is the subject of the complaint; there is actually no<br>
expectation set in the Code that the CoC Team would actually conduct an<br>
investigation, rather than proceeding directly to judgement on the basis<br>
solely of the information contained in the allegation.<br>
<br>
I have described some serious flaws, but in my view, it is not worth<br>
trying to rescue this proposal with patches to each of them. The<br>
document as a whole is riddled with bias, and should be abandoned. The<br>
Diversity Taskforce has demonstrated that it is not an appropriate body<br>
to be undertaking this work.<br>
<br>
Any serious attempt to create a process for enforcement of a Code of<br>
Conduct should be predicated on the basis that a grievance and<br>
disciplinary process (which is what this is) owes a serious duty of<br>
fairness to all parties, not only to one side.<br>
<br>
Malcolm.<br>
<br>
-- <br>
Malcolm Hutty | tel: +44 20 7645 3523<br>
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