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Re: anti-harassment procedures

2014-02-20 17:52:11
The draft has missing parts, because 1) the levels of harassing was not
defined, 2 ) it may also ignore the real practical society problems that
make harassing occur, 3) it gives a lot of power to IETF chair without
conditions or limits (may be the reason is to make it simple).  The draft
may assume that all ADs can not be part of harassing (not sure, draft is
unclear on this assumption). It should consider to be fair to all, and to
prevent sources of harassing not only solving when occurs. The below
comments are also initial comments.

2.  Definitions

   The following terms are used in this document:

      Reporter: An IETF participant who reports potential harassment to
      the Ombudsperson.

Please amend to PH Reporter (Potential Harassment).


      Respondent: An IETF participant who is claimed to have engaged in
      harassing behavior.


This should explain his/her respond and to whom he/she responding to.



      Ombudsperson: The person who is selected to take reports of
      harassment, evaluate them, and impose appropriate actions and/or
      remedies to address the circumstance.  This word is used in the
      singular throughout this document although multiple ombudspersons
      might serve at any one time.

      Target: An individual IETF participant to whom the potentially
      harassing behavior was directed.


Why only individual? Why not group of people or race or gender. The target
can be more than one,

Please amend; a group or an individual participant.


   This document does not attempt to precisely define behavior that
   falls under the set of procedures identified here.


That is good but IMHO still we need its limits defined.

However, you are missing another part of behaviour damage on the IETF
general behaviour.  So we need to define another target, which may be
named; possible future target.

Usually most harassing has two victims or target one is the main and the
other is not intended but affected, because it may become a possible future
target. Wise people avoid groups that has not reported harassing.


In general,
   disruptive behavior that occurs in the context of an IETF general or
   working group mailing list, or happens in a face-to-face or virtual
   meeting of a working group or the IETF plenary, can be dealt with by
   our normal procedures, whereas harassing behavior that is
   interpersonal is more easily handled by the procedures described
   here.  However, there are certainly plausible reasons to address
   behaviors that take place during working-group meetings using these
   procedures.  This document gives some guidance to those involved in
   these situations in order to decide how to handle particular
   incidents, but in the end the final decision will involve judgment
   and the guidance of the Ombudsperson.

3.  The Ombudsperson

   This section describes the role of the Ombudsperson in terms of their
   appointment, qualifications and training, the length of the term of
   service, any recompense for their service, and how they may be
   removed from service.  The general operational procedures for the
   Ombudsperson are described in Section 4, Section 5, and Section 6.

3.1.  Appointing the Ombudsperson

   The Ombudsperson is appointed by the IETF Chair.


I think should be appointed by IESG, not the IETF chair, because any
IETF AD is also an individual participant that may possibly be target or
respondent.


The appointment is
   solely the responsibility of the IETF Chair


Responsible to the IESG not to the chair.


although the Chair may
   choose to consult with the IESG, the IAB, and with ISOC.
   Furthermore, the IETF Chair may take opinion from the community.

   The IETF Chair may choose to solicit nominations or advertise the
   post.  This is entirely at the discretion of the IETF Chair.

   The IETF Chair is also free to decide how many people are needed to
   fill the role of Ombudsperson.  This may depend on the skillsets
   available, the work load, and the opinions of the seated
   Ombudsperson.  Furthermore, the IETF Chair may consider elements of
   diversity in making this decision.


There should be diversity, so if a harassing is related to a race then the
ombudsperson should not be in same race.


3.2.  Qualifications and Training

   It is not expected that there will be candidates with all of the
   necessary ombudsperson skills and training who also have a clear
   understanding and familiarity with the IETF processes and culture.
   The Chair might choose someone with a great deal of professional
   experience evaluating and mediating harassment disputes, but little
   exposure to the IETF, or could select someone with more exposure to
   the IETF community, but without as much experience dealing with
   issues of harassment.  Since all of these attributes may be regarded
   by the IETF Chair as essential for an appointment, the IETF is
   committed to provide funding for necessary training for an appointed
   Ombudsperson.

3.3.  Term of Service

   An Ombudsperson shall be appointed for a two year term.  That is, the
   Ombudsperson is making a commitment to serve for two years.  It is
   understood, however, that circumstances may lead an Ombudsperson to
   resign for personal or other reasons.  See also Section 3.5.

   It is entirely at the discretion of the IETF Chair whether a serving
   Ombudsperson is reappointed at the end of their term.

IMHO the Chair reports to IESG for approval.


3.4.  Recompense

   An Ombudsperson shall receive no recompense for their services.  This
   includes, but is not limited to:

      IETF meeting fees

      Remuneration for time spent

      Out-of-pocket expenses (such as telephone charges)

      Travel or accommodation expenses

   The IETF will, however, meet the costs of training when agreed to by
   the IETF Chair as described in Section 3.2.

3.5.  Removal

   The IETF Chair may remove a serving Ombudsperson before the end of
   their term without explanation to the community.


But it should be explained to IESG.


Such an action
   shall not be appealable.  See also Section 6.

3.6.  Disputes with the IETF Chair regarding the Ombudsperson


There should be conditions for these both roles. Is there a condition that
that chair was not a reporter or a respondent or a target for PH? I think
there should be, because if he/she is part of the harassing issue then
he/she should not be the one to decide or as you mention below unable to
resolve. Also if the IESG has some targets as well what is the procedure?


   If an individual should disagree with an action taken by the IETF
   Chair regarding the appointment, removal, or management of the
   Ombudsperson, that person should first discuss the issue with the
   IESG Chair directly.


I thought that the IETF chair is the IESG chair? But in here they seem
different person.


If the IESG Chair is unable to resolve the
   issue, the dissatisfied party may appeal to the IESG as a whole.  The
   IESG shall then review the situation and attempt to resolve it in a
   manner of its own choosing.


There should be clear conditions that any member of that IESG should not be
target or reporter or respondent. Otherwise they should not be able to
choose.


The procedures of Section 6.5.4 of
   [RFC2026] apply to this sort of appeal.

4.  Handling Reports of Harassment

   Any IETF participant who believes that they or other IETF
   participants have been harassed or may have been harassed may bring
   the concern to the attention of the Ombudsperson.  This can be done
   by email to "ombudsperson(_at_)ietf(_dot_)org" [2], or can be done 
directly to
   the Ombudsperson.  Direct contact information for the Ombudsperson,
   including the email addresses to which "ombudsperson(_at_)ietf(_dot_)org" 
is
   forwarded, can be found at https://www.ietf.org/ombudsperson .

   The Ombudsperson is expected to be present at the majority of IETF
   meetings and to be available for face-to-face discussions.

   All information brought to the Ombudsperson shall be kept in strict
   confidence.  Any electronic information (such as email messages) that
   needs to be archived shall be encrypted before it is stored.

   When a Reporter brings an incident of potential harassment to the
   Ombudsperson's attention to, the Ombudsperson will discuss the events
   with the Reporter and may give advice including recommendations on
   how the Reporter can handle the issue on their own and strategies on
   how to prevent the issue from arising again.  The Ombudsperson may
   also indicate that the issue would be best handled using regular IETF
   procedures (such as those for dealing with disruptive behavior)
   outside the context of harassment, and in this case the Ombudsperson
   will provide assistance in using the relevant IETF procedures.  In
   any event, the Ombudsperson will not initiate detailed investigations
   or impose a remedy without agreement to proceed from the Target (or
   the Reporter if there is no individual Target).

   When conducting a detailed investigation of the circumstances
   regarding the complaint of harassment, the Ombudsperson may contact
   the Respondent and request a meeting in person or by a voice call.
   The Respondent is not obliged to cooperate, but the Ombudsperson may
   consider failure to cooperate when determining a remedy (Section 5).

   In all cases the Ombudsperson will strive to maintain confidentiality
   for all parties including the very fact of contact with the
   Ombudsperson.

5.  Remedies

   After examining the circumstances regarding the complaint of
   harassment and determining that harassment has taken place, the
   Ombudsperson is expected to choose a remedy that is appropriate to
   the circumstance.  At one end of the spectrum, the Ombudsperson may
   decide that the misbehavior is best handled with the regular IETF
   procedures for dealing with disruptive behavior and may assist the
   Reporter to bring the issue to the attention of the working group
   chair or IESG member who can deal with the incident.  The
   Ombudsperson might also choose simply to discuss the situation with
   the Respondent and come up with a plan such that there is no repeat
   of the harassment.

It is a weak remedy, or it is a plan.
The respondent SHOULD apologies and declare mistaken.


With the agreement of both parties, the
   Ombudsperson can also help to mediate a conversation between the
   Respondent and the Target (or the Reporter if there is no individual
   Target) in order to address the issue.

Ok.


Finally, on the other end of
   the spectrum, the Ombudsperson could decide that the Respondent is no
   longer permitted to participate in a particular IETF activity,
   whether it is a mailing list discussion, virtual meeting, or a face-
   to-face activity, up to and including requiring that the Respondent
   can no longer attend a face-to-face IETF meeting and its associated
   activities, either for the remainder of the present meeting or (in
   the extreme) future meetings.


Disagree, you did not define the limit or level of harassing or even
avoiding to define such behavior, that makes that decision unfair to
the respondent being band from the future of IETF activities (6 months can
be enough, because you don't define the limits).

AB



   In determining the appropriate remedy, the Ombudsperson may
   communicate with the Reporter, Target, and Respondent in order to
   assess the impact that the imposition of a remedy might have on any
   of those parties.  However, the Ombudsperson has u