Investigation - Vaibhav Aggarwal

Tue Jun 9 17:52:36 EEST 2020

Hi all

If you are interested in the action taken by the NCSG EC, which is referred
to by the Ombudsman in his communication, you may refer to the EC list,
which is publicly archived:
https://lists.ncsg.is/pipermail/ncsg-ec/2020-June/thread.html

Otherwise, and generally speaking, the handling of complaints by the
Ombudsman Office is a confidential process, as specified on its website (
https://www.icann.org/ombudsman):

"Complaints to the ombudsman are completely confidential. The fact that you
have made a complaint is never disclosed unless you expressly waive
confidentiality. This is very important for those who are concerned about
an imbalance of power and consequences if a complaint is made."

As you can see, the confidentiality extends to the existence of specific
complaints. By implication, the process surrounding such complaints and
their contents are also to remain confidential.

The Ombudsman Office website also links to a flyer which gives more details
on how it handles complaints.

Have a nice day,

On Tue, Jun 9, 2020 at 5:32 PM Remmy Nweke <remmyn at gmail.com> wrote:

> Thanks Steph, hope you are keeping safe as well as all of us.
>
> I support Farell and Grace positions, it will help us all understand the
> matter better and take caution where necessary, precisely on the complaint
> sent to Ombdusman.
>
> Thanks in anticipation of your response.
>
> ____
> REMMY NWEKE, mNGE,
> Lead Consulting Strategist/Group Executive Editor,
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> _________________________________________________________________
> *Confidentiality Notice:* The information in this document and attachments
> are confidential and may also be privileged information. It is intended
> only for the use of the named recipient. Remmy Nweke does not accept legal
> responsibility for the contents of this e-mail. If you are not the intended
> recipient, please notify me immediately, then delete this document and do
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>
>
>
> On Tue, Jun 9, 2020 at 8:40 PM Farell FOLLY <farell at benin2point0.org>
> wrote:
>
>> Dear Stephanie,
>>
>> Thanks for sending this to us. I appreciate you approach.
>>
>> However I do have one concern: Sending us the response of the Ombudsman
>> is good, but could we also read what the NCSG committee sent to him? Also
>> have both involved parties been heard by the Ombudsman or the NCSG EC just
>> wrote that one member was aggressive and forwarded some e-mail to witness
>> the case?
>>
>> If all this was done beforehand, I must have been missed those
>> conversation threads. Then, please *disregard last transmission*
>>
>>
>> Be assured that my e-mail has the sole intention to understand the
>> process. I am not criticising, I am not accusing , I am not supporting.
>>
>> @__f_f__
>>
>> Best Regards
>> ____________________________________
>>
>> (Ekue) Farell FOLLY
>> GNSO Councillor
>> linkedin.com/in/farellf
>>
>>
>>
>>
>>
>>
>> On 9 Jun 2020, at 21:28, Stephanie E Perrin <
>> stephanie.perrin at MAIL.UTORONTO.CA> wrote:
>>
>> Dear members,
>>
>> I forwarding the letter from the Ombudsman, informing us of his decision
>> in the matter of the recent disruption on the NCSG list.  I would like to
>> thank him for his speedy action in this matter, and the EC for its
>> collaborative efforts in investigating and dealing with the matter.
>>
>> Kind regards
>>
>> Stephanie Perrin
>>
>> NCSG Chair
>> .................
>>
>> Dear NCSG Executive Committee,
>>
>> Please be advised I have contacted Mr. Aggarwal to advise him that I
>> support the action taken by the NCSG and NCUC Executive Committees in
>> removing him from participation in the NCSG-Discuss and NCUC-Discuss
>> mailing lists. In my opinion, his behavior was a clear violation of the
>> ICANN Expected Standards of Behavior.
>>
>> I will contact ICANN Legal to inform them of the situation.
>>
>> As Mr. Aggarwal is still a member of NCSG/NCUC I have advised him that if
>> he wishes to resume participating in the email lists to contact me and I
>> could facilitate a discussion if you should be willing to entertain the
>> idea. Of course, this direction would hinge on an explicit acceptance of
>> the ICANN Expected Standards of Behavior.
>>
>> Should Mr. Aggarwal continue aggressive behavior towards any of you or
>> your constituents, please advise me immediately as I would consider a
>> continuation of his demonstrated behavior to be a violation of the
>> Community Anti-Harassment Policy.
>>
>> Please do not hesitate to share this response to your respective email
>> lists.
>>
>> Sincerely yours Herb
>>
>> Herb Waye
>> ICANN Ombudsman
>>
>> https://www.icann.org/ombudsman
>> https://www.facebook.com/ICANNOmbudsman
>> Twitter: @IcannOmbudsman
>>
>> ICANN Expected Standards of Behavior:
>>
>> https://www.icann.org/en/system/files/files/expected-standards-15sep16-en.pdf
>> Community Anti-Harassment Policy
>>
>> https://www.icann.org/resources/pages/community-anti-harassment-policy-2017-03-24-en
>> Confidentiality
>> All matters brought before the Ombudsman shall be treated as
>> confidential.  The Ombudsman shall also take all reasonable steps necessary
>> to preserve the privacy of, and to avoid harm to, those parties not
>> involved in the complaint being investigated by the Ombudsman.The Ombudsman
>> shall only make inquiries about, or advise staff or Board members of the
>> existence and identity of, a complainant in order to further the resolution
>> of the complaint.  The Ombudsman shall take all reasonable steps necessary
>> to ensure that if staff and Board members are made aware of the existence
>> and identity of a complainant, they agree to maintain the confidential
>> nature of such information, except as necessary to further the resolution
>> of a complaint
>>
>>
>>
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