Investigation - Vaibhav Aggarwal
Stephanie E Perrin
stephanie.perrin at MAIL.UTORONTO.CA
Tue Jun 9 18:41:50 EEST 2020
Thanks for responding Raphael. We try our best to be transparent, but
there are certain limitations. As soon as I saw the traffic on the list
becoming somewhat out of control on June 2, I informed the Ombudsman
that the NCSG-EC had decided they needed to enforce the acceptable
standards of behaviour on the list, but that if things escalated we
would be calling on him to intervene. Things escalated.
Also in the interests of transparency, the NCSG-EC is working on some
procedures for managing the list. Every time we have a flare up of
argument that passes the level of acceptable behaviour, we lose members,
those who are tired of watching these things land in their inbox. We
think we need to formalize procedures slightly, so that everyone
understands very clearly what will happen if and when their behaviour
becomes unacceptable. We will of course be sharing that set of
procedures with you once the EC gets it into shape.
Thanks for your interest.
Stephanie Perrin
On 2020-06-09 6:52 p.m., Raphael Beauregard-Lacroix wrote:
> 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
> <mailto: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
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>
>
> On Tue, Jun 9, 2020 at 8:40 PM Farell FOLLY
> <farell at benin2point0.org <mailto: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 <http://linkedin.com/in/farellf>
>
>
>
>
>
>
>> On 9 Jun 2020, at 21:28, Stephanie E Perrin
>> <stephanie.perrin at MAIL.UTORONTO.CA
>> <mailto: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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