Public Comment - Proposed ICANN Community Anti-Harassment Policy

[Darcy Southwell <darcy.southwell@xxxxxxxxxxxxx>]

This public comment is submitted on behalf of Darcy Southwell and Kathy
Kleiman.  We appreciate the opportunity to provide feedback regarding
the Proposed
ICANN Community Anti-Harassment Policy
<https://www.icann.org/public-comments/anti-harassment-policy-2016-11-07-en>
.

We generally support the efforts of ICANN to implement a policy and
procedure that seeks to require community members to behave in a
professional manner and provide transparency to the ombudsperson’s process
of investigation, decision making, and actions.  However, we encourage
ICANN to consider that an effective policy and procedure requires:

• Concise, clear language prepared by human resources/harassment experts.
It’s unlikely that the those inexperienced in the nuances of human
resources/harassment can adequately do this.
• Language that supports the global nature of the ICANN community.  For
example, language similar to “behave in a professional manner” is preferred
over “behave in a correct and civilized way” because it more accurately
reflects the expected standard within the diverse ICANN community.
• Identification of a proper scope.  The proposed policy seems to apply to
any ICANN community member regardless of the situation, which seems overly
broad.  Focusing on ICANN events is probably more appropriate.
• Inclusion of the investigation procedure, criteria for decision making,
and possible remedial actions.
• Inclusion of an appeal process.

Although we would defer to specialist in this area, it seems prudent that
the policy defines at a high level the prohibited behavior, rather than
focusing on specific examples of conduct.  Any definition should be clear
in stating that the behavior is “unwanted” by the recipient.
Also, some of the examples of inappropriate conduct could be troubling
examples because they are also common conduct in particular cultures, including
ICANN, e.g. “hugging”  and kissing someone on the cheek.

In order to make the ombudsperson’s office more approachable to those that
may need assistance with these issues, it’s important that the office staff
reflect the diversity of the community seeking assistance. A community
member may be less inclined to pursue a matter when the investigator and
arbiter is not relatable to that community member (or in fact may represent
the offender’s community). Frankly, many women will feel uncomfortable
reporting
their harassment experiences to a man.

Finally, paper policies alone do not change individuals’ behavior.  ICANN
must do a great deal to promote the existence of the policy, procedure, and
ombudsperson’s office as well as hold open discussions on a regular basis
with community members, including Newcomers and longtime incumbents, about
harassing behavior and educating the community about conduct that could be
problematic.

We appreciate your consideration of these comments and are appreciate the
efforts of ICANN and the ICANN community to address these issues.

Sincerely,
<kathy@xxxxxxxxxxxxxxxx)>
Darcy Southwell (darcy.southwell@xxxxxxxxxxxxx)
Kathy Kleiman (kathy@xxxxxxxxxxxxxxxx)