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authorThomas Voss <mail@thomasvoss.com> 2024-11-27 20:54:24 +0100
committerThomas Voss <mail@thomasvoss.com> 2024-11-27 20:54:24 +0100
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+Internet Engineering Task Force (IETF) P. Resnick
+Request for Comments: 7776 Qualcomm Technologies, Inc.
+BCP: 25 A. Farrel
+Updates: 2418, 7437 Juniper Networks
+Category: Best Current Practice March 2016
+ISSN: 2070-1721
+
+
+ IETF Anti-Harassment Procedures
+
+Abstract
+
+ IETF Participants must not engage in harassment while at IETF
+ meetings, virtual meetings, or social events or while participating
+ in mailing lists. This document lays out procedures for managing and
+ enforcing this policy.
+
+ This document updates RFC 2418 by defining new working group
+ guidelines and procedures. This document updates RFC 7437 by
+ allowing the Ombudsteam to form a recall petition without further
+ signatories.
+
+Status of This Memo
+
+ This memo documents an Internet Best Current Practice.
+
+ This document is a product of the Internet Engineering Task Force
+ (IETF). It represents the consensus of the IETF community. It has
+ received public review and has been approved for publication by the
+ Internet Engineering Steering Group (IESG). Further information on
+ BCPs is available in Section 2 of RFC 5741.
+
+ Information about the current status of this document, any errata,
+ and how to provide feedback on it may be obtained at
+ http://www.rfc-editor.org/info/rfc7776.
+
+
+
+
+
+
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+
+Resnick & Farrel Best Current Practice [Page 1]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+Copyright Notice
+
+ Copyright (c) 2016 IETF Trust and the persons identified as the
+ document authors. All rights reserved.
+
+ This document is subject to BCP 78 and the IETF Trust's Legal
+ Provisions Relating to IETF Documents
+ (http://trustee.ietf.org/license-info) in effect on the date of
+ publication of this document. Please review these documents
+ carefully, as they describe your rights and restrictions with respect
+ to this document. Code Components extracted from this document must
+ include Simplified BSD License text as described in Section 4.e of
+ the Trust Legal Provisions and are provided without warranty as
+ described in the Simplified BSD License.
+
+Table of Contents
+
+ 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3
+ 2. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . 3
+ 3. The Ombudsteam . . . . . . . . . . . . . . . . . . . . . . . 5
+ 3.1. Size of the Ombudsteam . . . . . . . . . . . . . . . . . 5
+ 3.2. Appointing the Ombudsteam . . . . . . . . . . . . . . . . 5
+ 3.3. Professional Advisors . . . . . . . . . . . . . . . . . . 5
+ 3.4. Qualifications and Training . . . . . . . . . . . . . . . 6
+ 3.5. Term of Service . . . . . . . . . . . . . . . . . . . . . 6
+ 3.6. Compensation . . . . . . . . . . . . . . . . . . . . . . 6
+ 3.7. Removal . . . . . . . . . . . . . . . . . . . . . . . . . 7
+ 3.8. Disputes with the IETF Chair Regarding the Ombudsteam . . 7
+ 4. Handling Reports of Harassment . . . . . . . . . . . . . . . 7
+ 4.1. Ombudsteam Operating Practices . . . . . . . . . . . . . 8
+ 5. Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . 10
+ 5.1. Remedies for Respondents in IETF Positions . . . . . . . 11
+ 5.2. Purpose of Remedies . . . . . . . . . . . . . . . . . . . 13
+ 6. Disputes with the Ombudsteam . . . . . . . . . . . . . . . . 14
+ 7. Conflicts of Interest . . . . . . . . . . . . . . . . . . . . 15
+ 8. Confidentiality . . . . . . . . . . . . . . . . . . . . . . . 15
+ 9. Security Considerations . . . . . . . . . . . . . . . . . . . 16
+ 10. References . . . . . . . . . . . . . . . . . . . . . . . . . 16
+ 10.1. Normative References . . . . . . . . . . . . . . . . . . 16
+ 10.2. Informative References . . . . . . . . . . . . . . . . . 17
+ Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . 17
+ Authors' Addresses . . . . . . . . . . . . . . . . . . . . . . . 18
+
+
+
+
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 2]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+1. Introduction
+
+ The IETF has general policies for managing disruptive behavior in the
+ context of IETF activities. In particular, [RFC7154] provides a set
+ of guidelines for personal interaction in the IETF, and [RFC2418] and
+ [RFC3934] give guidelines for how to deal with disruptive behavior
+ that occurs in the context of IETF working group face-to-face
+ meetings and on mailing lists.
+
+ However, there is other problematic behavior that may be more
+ personal and that can occur in the context of IETF activities
+ (meetings, mailing list discussions, or social events) that does not
+ directly disrupt working group progress but nonetheless is
+ unacceptable behavior between IETF Participants. This sort of
+ behavior, described in the IESG Statement "IETF Anti-Harassment
+ Policy" [Policy], is not easily dealt with by our previously existing
+ working group guidelines and procedures. Therefore, this document
+ sets forth procedures to deal with such harassing behavior.
+
+ These procedures are intended to be used when other IETF policies and
+ procedures do not apply or have been ineffective.
+
+ Nothing in this document should be taken to interfere with the due
+ process of law. Similarly, it does not release any person from any
+ contractual or corporate policies to which they may be subject.
+
+2. Definitions
+
+ The following terms are used in this document:
+
+ o IETF Participant: Anyone who participates in an IETF activity,
+ including IETF support staff.
+
+ o Reporter: An IETF Participant who reports potential harassment to
+ an Ombudsperson.
+
+ o Respondent: An IETF Participant who is claimed to have engaged in
+ harassing behavior.
+
+ o Ombudsteam: A group of people who have been selected to take
+ reports of potential harassment, evaluate them, and impose
+ appropriate actions and/or remedies to address the circumstances.
+
+ o Ombudsperson: A member of the Ombudsteam.
+
+ o Lead Ombudsperson: The Ombudsperson assigned to be the primary
+ contact person for a particular report of potential harassment.
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 3]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ o Subject: An individual, group, or class of IETF Participant to
+ whom the potentially harassing behavior was directed or who might
+ be subject to the behavior.
+
+ The IESG Statement on harassment [Policy] gives a general definition
+ of harassment as:
+
+ unwelcome hostile or intimidating behavior -- in particular,
+ speech or behavior that is sexually aggressive or intimidates
+ based on attributes such as race, gender, religion, age, color,
+ national origin, ancestry, disability, sexual orientation, or
+ gender identity.
+
+ This document adopts that general definition but does not attempt to
+ further precisely define behavior that falls under the set of
+ procedures identified here, nor does it attempt to list every
+ possible attribute that might be the basis for harassment, except to
+ note that it may be targeted at an individual, directed at a specific
+ group of people, or more generally impact a broader class of people.
+
+ This document concerns itself with harassment that has the purpose or
+ effect of unreasonably interfering with an individual's participation
+ in IETF activities or of creating an environment within the IETF that
+ would be intimidating, hostile, or offensive in such a situation.
+ One way in which harassment can occur is when submission to such
+ conduct is made, either explicitly or implicitly, a term or condition
+ of an individual's participation in IETF activities or is used as a
+ basis for decisions affecting that individual's relationship to the
+ IETF.
+
+ 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 is
+ more appropriately handled by the procedures described here.
+ However, there are 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 the final
+ decision will involve judgment and the guidance of the Ombudsteam.
+
+ Any definition of harassment prohibited by an applicable law can be
+ subject to this set of procedures.
+
+
+
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 4]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+3. The Ombudsteam
+
+ This section describes the role of the Ombudsteam in terms of the
+ appointment of Ombudspersons, their qualifications and training, the
+ length of the term of service, any compensation from the IETF for
+ their service, and how they may be removed from service. The general
+ operational procedures for the Ombudsteam are described in Sections
+ 4, 5, and 6.
+
+3.1. Size of the Ombudsteam
+
+ The Ombudsteam shall comprise no fewer than three people. From time
+ to time, the size may fall below that number owing to changes in
+ membership, but the team will be rapidly brought up to size through
+ new appointments. The team may be grown to a larger size as
+ described in Section 3.2
+
+3.2. Appointing the Ombudsteam
+
+ The Ombudsteam is appointed by the IETF Chair. The appointment is
+ solely the responsibility of the IETF Chair, who may choose to
+ consult with members of the IETF community.
+
+ The IETF Chair is encouraged to appoint at least some of the
+ Ombudsteam from within the IETF 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 to appoint more than three
+ Ombudspersons to the Ombudsteam. This may depend on the skill sets
+ available, the work load, and the opinions of the seated Ombudsteam.
+ Furthermore, the IETF Chair may consider elements of diversity in
+ making this decision.
+
+3.3. Professional Advisors
+
+ It is recognized that the Ombudsteam may need to call on professional
+ services from external advisors for certain matters, including legal
+ and Human Resources (HR) advice. The IETF (via the IETF
+ Administrative Support Activity (IASA)) is committed to funding such
+ advice as needed.
+
+
+
+
+
+
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+Resnick & Farrel Best Current Practice [Page 5]
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+RFC 7776 Anti-Harassment Procedures March 2016
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+
+3.4. 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 the team, the IETF is committed to
+ providing training (or funding for it) as deemed necessary for
+ appointed Ombudspersons. In determining the appropriate training,
+ the IETF Chair and Ombudsteam shall take professional advice and will
+ consult with the IETF Administrative Oversight Committee (IAOC) with
+ respect to the overall IETF budget.
+
+3.5. 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 3.7.
+
+ If an Ombudsperson's term ends while they are acting as Lead
+ Ombudsperson for a report as described in Section 4, that
+ Ombudsperson's term shall be extended until the handling of that
+ report has been completed.
+
+ It is entirely at the discretion of the IETF Chair whether a serving
+ Ombudsperson is reappointed at the end of their term. Given the
+ sensitivity of, and training required for, this role and the ideal
+ being a lack of activity, it is likely the IETF Chair may choose to
+ reappoint a successful and still-willing Ombudsperson for a number of
+ two-year terms.
+
+3.6. Compensation
+
+ An Ombudsperson shall receive no compensation from the IETF for their
+ services. This includes, but is not limited to:
+
+ o IETF meeting fees
+
+ o Remuneration for time spent
+
+ o Out-of-pocket expenses (such as telephone charges)
+
+ o Travel or accommodation expenses
+
+
+
+Resnick & Farrel Best Current Practice [Page 6]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ The IETF will, however, meet the costs of training when agreed to by
+ the IETF Chair as described in Section 3.4.
+
+3.7. Removal
+
+ The IETF Chair may remove a serving Ombudsperson before the end of
+ their term without explanation to the community, including during the
+ course of processing an active case. Such an action shall be
+ appealable as described in Section 3.8.
+
+ An Ombudsperson shall not be removed from service, even if their term
+ has expired, during the period that the IETF Chair is recused as
+ described in Section 7. Once the case that led to the Chair being
+ recused has been closed, normal processes resume.
+
+3.8. Disputes with the IETF Chair Regarding the Ombudsteam
+
+ If an individual should disagree with an action taken by the IETF
+ Chair regarding the appointment, removal, or management of an
+ Ombudsperson or the Ombudsteam, that person should first discuss the
+ issue with the IETF Chair directly. If the IETF 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. 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 have been harassed, or
+ that any other IETF Participant or group of IETF Participants has
+ been or may have been harassed, should bring the concern to the
+ attention of any serving Ombudsperson. This can be done by email to
+ ombuds@ietf.org or can be done directly to a chosen Ombudsperson.
+ Direct contact information for the members of the Ombudsteam,
+ including the email addresses to which mail to ombuds@ietf.org is
+ forwarded, can be found at <https://www.ietf.org/ombudsteam>
+ [OmbudsteamPages].
+
+ All IETF Participants are encouraged to talk with the Ombudsteam if
+ they are uncomfortable or unsure about any behaviors. Though much of
+ this document relates to the formal duties of the Ombudsteam, it
+ should be understood that an important function of the Ombudsteam is
+ to provide confidential advice and counsel for any IETF Participant
+ regarding issues of harassment. The Ombudsteam will not commence a
+ formal investigation of any potential incident of harassment without
+ agreement by the Reporter and Subject.
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 7]
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ When a Reporter brings an incident of potential harassment to the
+ attention of the Ombudsteam, a single Ombudsperson shall be
+ designated as the primary contact person (the Lead Ombudsperson) for
+ the report. When the Reporter contacts a single Ombudsperson, that
+ Ombudsperson shall be the Lead Ombudsperson for the report unless the
+ Reporter and Ombudsperson mutually agree to select another Lead
+ Ombudsperson.
+
+ Information conveyed by the Reporter should be kept in confidence by
+ the Lead Ombudsperson to the greatest extent possible. When
+ necessary (for example, in the course of a formal investigation), the
+ Lead Ombudsperson may share information regarding the report with the
+ rest of the Ombudsteam except when an Ombudsperson is recused (see
+ Section 7). If a Reporter believes that a member of the Ombudsteam
+ should recuse themself, the Reporter should make this known to the
+ Lead Ombudsperson as soon as possible. See Section 4.1 for further
+ discussion of the confidentiality requirements of the Ombudsteam.
+
+ The Lead 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 as well as strategies on how to prevent
+ the issue from arising again. The Lead 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 Lead
+ Ombudsperson will provide assistance in using the relevant IETF
+ procedures. Otherwise, with agreement to proceed from the Subject
+ (or the Reporter if there is no individual Subject), the Ombudsteam
+ may initiate a detailed investigation of the matter and may
+ subsequently, after completing their investigation, impose a remedy
+ as described in Section 5. The Subject can withdraw their agreement
+ to proceed at any time.
+
+4.1. Ombudsteam Operating Practices
+
+ The Ombudsteam is responsible for devising and documenting their
+ operating practices. These practices must be discussed with the IESG
+ and published in a publicly visible place (such as on the IETF web
+ site). Discussion with the IETF community is encouraged and, while
+ IETF consensus is not necessary, significant objections to the
+ processes that are not addressed should result in an appeal per
+ Section 6.5.3 of [RFC2026] and/or a recall petition against the IETF
+ Chair (and any of the rest of the IESG if appropriate) if they do not
+ address the concern.
+
+
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 8]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ The practices must include at least the following high-level
+ components:
+
+ o Each member of the Ombudsteam is expected to be present at the
+ majority of IETF meetings and to be available for face-to-face
+ discussions. The Ombudsteam is expected to arrange itself so that
+ there is coverage of every IETF meeting by at least one
+ Ombudsperson.
+
+ o The Ombudsteam shall strive to keep all information brought to it
+ in strict confidence. However, it is acknowledged that the
+ operation of the Ombudsteam may involve sharing of information
+ within the team and may require that the parties to the complaint
+ (the Reporter, Respondent, and Subject) learn some of the
+ confidential information. The Ombudsteam is responsible for
+ documenting its expectations of when disclosures of confidential
+ information are likely to be made in the process and to whom. Any
+ electronic information (such as email messages) that needs to be
+ archived shall be encrypted before it is stored using tools
+ similar to those used by the Nominating Committee (NomCom).
+
+ o When conducting a detailed investigation of the circumstances
+ regarding the complaint of harassment, the Ombudsteam may contact
+ the Respondent and request a meeting in person or by a voice call.
+ The Ombudsteam shall have contacted the Respondent and either
+ discussed the matter or ascertained the Respondent's unwillingness
+ to cooperate prior to deciding to impose a remedy as described in
+ Section 5. The Respondent is not obliged to cooperate, but the
+ Ombudsteam may consider failure to cooperate when determining a
+ remedy (Section 5).
+
+ o The Ombudsteam shall endeavor to complete its investigation in a
+ timely manner.
+
+ o Any individuals who make a good faith report of harassment or who
+ cooperate with an investigation shall not be subject to
+ retaliation for reporting, complaining, or cooperating, even if
+ the investigation, once completed, shows no harassment occurred.
+ Anti-retaliation is noted here to alleviate concerns individuals
+ may have with reporting an incident they feel should be reviewed
+ or cooperating with an investigation.
+
+ o In all cases, the Ombudsteam will strive to maintain
+ confidentiality for all parties, including the very fact of
+ contact with the Ombudsteam.
+
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 9]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ o The results of investigations as reported to the Subject or
+ Respondent and all requests for remedial action (such as to the
+ IETF Secretariat) shall be in writing.
+
+ o The Ombudsteam shall keep written records of their investigation
+ and any contacts or interviews such that there is material
+ available in the event of an appeal or legal action. Such records
+ shall be held securely and in confidence.
+
+ When investigating reports of harassment and determining remedies, it
+ is up to the Ombudsteam whether they choose to act as a body or
+ delegate duties to the Lead Ombudsperson.
+
+5. Remedies
+
+ After examining the circumstances regarding the complaint of
+ harassment, the Ombudsteam should prepare a brief summary of the
+ incident and their conclusions and discuss this with all parties.
+ The objective of this step is to make clear what the Ombudsteam has
+ concluded and to make an attempt at getting all parties to reach
+ agreement.
+
+ If the Ombudsteam determines that harassment has taken place, the
+ Ombudsteam is expected to determine the next action.
+
+ o In some cases, a mechanism or established IETF process may already
+ exist for handling the specific event. In these cases, the
+ Ombudsteam 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 WG Chair or IESG member who can deal with the incident.
+
+ o In other cases, there is a spectrum of remedies that may be
+ appropriate to the circumstances. At one end of the spectrum, the
+ Ombudsteam might choose to discuss the situation with the
+ Respondent and come up with a plan such that there is no repeat of
+ the harassment. With the agreement of both parties, the
+ Ombudsteam can also help to mediate a conversation between the
+ Respondent and the Subject (or the Reporter if there is no
+ individual Subject) in order to address the issue. If mediation
+ fails, then the Ombudsteam can decide to apply other remedies,
+ including those discussed here.
+
+ o At the other end of the spectrum, the Ombudsteam could decide that
+ the Respondent is no longer permitted to participate in a
+ particular IETF activity, for example, ejecting them from a
+ meeting or requiring that the Respondent can no longer attend
+ future meetings to ensure that the reported harassment cannot
+
+
+
+Resnick & Farrel Best Current Practice [Page 10]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ continue or escalate. If the Respondent holds a management
+ position in the IETF, the remedies imposed may make it difficult
+ or impossible for them to perform the duties required of that
+ position. Further remedies may be applied to Respondents in IETF
+ management positions as described in Section 5.1.
+
+ o In determining the appropriate remedy, the Ombudsteam may
+ communicate with the Reporter, Subject, or Respondent in order to
+ assess the impact that the imposition of a remedy might have on
+ any of those parties. However, the Ombudsteam has ultimate
+ responsibility for the choice of remedy.
+
+ o In all cases, the Lead Ombudsperson informs the Respondent of the
+ decision and imposes the remedy as appropriate. In cases where
+ the remedy is removal from IETF activities, the Lead Ombudsperson
+ will confidentially notify the Secretariat in writing of the
+ remedy such that the Secretariat can take whatever logistical
+ actions are required to effect the remedy. Only the remedy itself
+ shall be disclosed to the Secretariat, not any information
+ regarding the nature of the harassment.
+
+ Where specific action is required to ensure that a remedy is realized
+ or enforced, the Ombudsteam will make a request in writing to the
+ IETF Secretariat and/or IETF Administrative Director (IAD) to take
+ action as appropriate.
+
+5.1. Remedies for Respondents in IETF Positions
+
+ The remedies discussed earlier in this section are equally applicable
+ to all IETF Participants regardless of role.
+
+ The Ombudsteam will want to be aware of the impact of remedies on the
+ ability of an individual to carry out their duties in IETF management
+ positions, but this should not dissuade the Ombudsteam from applying
+ remedies that they deem appropriate. Per Section 5, the Ombudsteam
+ is expected to apply proportionality and reasonableness, as well as
+ to consider the impact of the remedy on the Respondent. Per
+ Section 4.1, the Ombudsteam may communicate with the Respondent in
+ order to assess the impact that the remedy might have.
+
+ There may be cases where the Ombudsteam considers that it is
+ inappropriate for a Respondent to continue in their IETF management
+ position, that is, where the desired remedy is to remove the
+ Respondent from their management position. The Ombudsteam cannot by
+ itself remove a Respondent who is in an IETF management position from
+ that position. However, the Ombudsteam can recommend the use of
+ existing mechanisms within the IETF process for the removal of people
+ from IETF management positions as follows:
+
+
+
+Resnick & Farrel Best Current Practice [Page 11]
+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ o Many IETF management positions are appointed by the NomCom with
+ confirmation from the IESG, IAB, or ISOC. [RFC7437] describes the
+ recall procedure for such appointments. This document updates
+ [RFC7437] by allowing the Ombudsteam to form a recall petition on
+ its own and without requiring 20 signatories from the community.
+ Such a petition shall be treated in all ways like any other recall
+ petition as described in [RFC7437]: that is, the fact of the
+ petition and its signatories (the Ombudsteam) shall be announced
+ to the IETF community, and a Recall Committee Chair shall be
+ appointed to complete the Recall Committee process. It is
+ expected that the Recall Committee will receive a briefing from
+ the Ombudsteam explaining why recall is considered an appropriate
+ remedy.
+
+ o Other IETF management positions are filled by appointment of the
+ IESG, the IAB, the ISOC Board, or the ISOC President. In such
+ cases, the Ombudsteam may recommend to the appointing body that
+ the Respondent be removed from their position.
+
+ o Many IETF management positions are filled through appointment by
+ an AD or by the ADs for an IETF Area. In such cases, the
+ Ombudsteam may recommend to those ADs in writing that the
+ Respondent be removed from their position.
+
+ o Some other IETF management positions are filled through
+ appointment by WG Chairs. In such cases, the Ombudsteam may make
+ a recommendation in writing to the responsible AD (that is, not
+ directly to the WG Chairs) that the Respondent be removed from
+ their position.
+
+ In each of the cases listed here, it is expected that the person or
+ body responsible for removing someone from an IETF management
+ position will take a recommendation from the Ombudsteam extremely
+ seriously and that it would be very unusual for them to not act on
+ the recommendation. It is not the intent that the person or body
+ attempt to reinvestigate the circumstances of the harassment. They
+ are expected to understand that they are not qualified in evaluating
+ or handling issues of harassment. They must seek to preserve
+ confidentiality. If the person or body feels removal from position
+ is not the correct remedy, they must discuss their concern with the
+ Ombudsteam.
+
+ In the event that an AD declines to follow the recommendation of the
+ Ombudsteam, and if the AD fails to convince the Ombudsteam of the
+ reasons for this, the Ombudsteam should raise the issue with the
+ whole IESG while continuing to attempt to retain confidentiality.
+ The IESG may choose to reorganize the responsibilities for working
+
+
+
+
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ groups within its own structure so that the AD concerned is no longer
+ in the direct management path.
+
+ All such forced removals from management positions must be considered
+ by the Ombudsteam as acts of last resort. That is, before a
+ Respondent is recommended for removal, the Ombudsteam should consider
+ other possible remedies and should discuss the situation with the
+ Respondent, giving them ample opportunity to understand what might
+ happen and to step down of their own volition.
+
+ As described in Section 4.1, the Ombudsteam is required to maintain
+ the highest degree of confidentiality. In recommending action as
+ described above, the Ombudsteam will clearly have to indicate that
+ some event has occurred that led to their recommendation, but it is
+ not expected that the Ombudsteam will need to divulge substantially
+ more information. It should be enough that the Ombudsteam explains
+ the severity of the situation, that they have considered other lesser
+ remedies, and that they deem the recommended remedy to be
+ appropriate.
+
+ In removing someone from their position, it may become apparent to
+ the IETF community that the removal is a remedy recommended by the
+ Ombudsteam. However, revealing the underlying events should be
+ avoided as far as possible.
+
+5.2. Purpose of Remedies
+
+ The purpose of the anti-harassment policy is to prevent all incidents
+ of harassment in the IETF. The set of procedures documented here
+ serves to provide a mechanism whereby any harassment that occurs can
+ be reported and handled both sympathetically and effectively. The
+ policy also sends a clear message that the IETF does not tolerate
+ harassment in any form.
+
+ However, any remedy is imposed to try to make sure that the incident
+ does not escalate and to ensure that a similar situation is unlikely
+ to occur with the same Respondent in the future.
+
+ Because the handling of incidents of harassment (including the
+ imposition of remedies) is confidential, an imposed remedy cannot
+ itself serve as a deterrent to others, nor can it be used to "teach"
+ the community how to behave. ([RFC7154] gives guidelines for conduct
+ in the IETF.) Furthermore, a remedy is not to be imposed for the
+ purposes of retribution. However, the knowledge of the existence of
+ a range of remedies and of processes by which they can be applied
+ serves both as a statement of the IETF's seriousness in this matter
+ and as a deterrent to potential offenders.
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 13]
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ The Ombudsteam is expected to apply the above considerations, as well
+ as proportionality and reasonableness, in selecting a remedy. They
+ are asked to consider the impact of the remedy on the Respondent as
+ well as on the Subject.
+
+6. Disputes with the Ombudsteam
+
+ If either the Subject (or the Reporter if there is no individual
+ Subject) or the Respondent is dissatisfied with the decision of the
+ Ombudsteam, the dissatisfied party should first contact the Lead
+ Ombudsperson and discuss the situation. If the issue cannot be
+ resolved through discussion with the Lead Ombudsperson, the issue may
+ be raised with the IETF Chair.
+
+ If necessary, the IETF Chair may recuse themself from any part of
+ this process (see Section 7) and request the IESG to select another
+ of its members to serve in this role. This IESG member is known as
+ the "delegated IESG member".
+
+ The IETF Chair (or the delegated IESG member if the Chair is recused)
+ will attempt to resolve the issue in discussion with the dissatisfied
+ party and the Lead Ombudsperson. If this further discussion does not
+ bring a satisfactory resolution, the Ombudsteam's decision may be
+ formally appealed. The appeal is strictly on the issue of whether
+ the Ombudsteam exercised due diligence both in their decision as to
+ whether harassment had taken place as well as in their determination
+ of any appropriate remedy that was imposed. In particular, the
+ purpose of the appeal is not to re-investigate the circumstances of
+ the incident or to negotiate the severity of the remedy.
+
+ All elements of the appeal, including the fact of the appeal, will be
+ held in confidence but will be recorded and held securely for future
+ reference.
+
+ The appeal will be evaluated by the IETF Chair (or the delegated IESG
+ member) and two other members of the IESG selected by the IETF Chair
+ (or the delegated IESG member) and confirmed by the appellant. This
+ Appeals Group shall convene as quickly as possible to evaluate and
+ determine the appeal. Where the impacts are immediate and related to
+ participation in an ongoing meeting, this shall happen in no more
+ than 24 hours after receiving the appeal. The Appeals Group may ask
+ the appellant and the Lead Ombudsperson for statements or other
+ information to consider. If the Appeals Group concludes that due
+ diligence was exercised by the Ombudsteam, this shall be reported to
+ the appellant, and the matter is concluded. If the Appeals Group
+ finds that due diligence was not exercised, the Appeals Group shall
+ report this to the Ombudsteam and consult with the Ombudsteam on how
+ to complete the due diligence.
+
+
+
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ Because of the need to keep the information regarding these matters
+ as confidential as possible, the Appeals Group's decision is final
+ with respect to the question of whether the Ombudsteam has used due
+ diligence in their decision. The only further recourse available is
+ to claim that the procedures themselves (i.e., the procedures
+ described in this document) are inadequate or insufficient to the
+ protection of the rights of all parties. Such a claim may be made in
+ an appeal to the Internet Society Board of Trustees, as described in
+ Section 6.5.3 of [RFC2026]. Again, even in this circumstance, the
+ particulars of the incident at hand will be held in confidence.
+
+7. Conflicts of Interest
+
+ In the event of any conflict of interest, the conflicted person
+ (member of the Ombudsteam, member of the Appeals Group, IETF Chair,
+ etc.) is expected to recuse themselves.
+
+ A conflict of interest may arise if someone involved in the process
+ of handling a harassment report is in the role of Reporter,
+ Respondent, or Subject. Furthermore, a conflict of interest arises
+ if the person involved in the process of handling a harassment report
+ is closely associated personally or through affiliation with any of
+ the Reporter, Respondent, or Subject.
+
+ For the avoidance of doubt, recusal in this context means completely
+ stepping out of any advisory or decision-making part of any process
+ associated with handling a harassment report, remedy arising from a
+ harassment report, or appeal into the handling of a harassment
+ report. That means that a recused person has no more right to
+ participate in or witness the process than any other person from the
+ community in the same situation. For example, an Ombudsperson
+ subject to a complaint of harassment shall not be privy to the
+ deliberations of another Ombudsperson handling the report. Nor would
+ an IESG member who was party to an appeal be able to witness the
+ discussions of the Appeals Group.
+
+ In the event that there is an appeal and the IETF Chair is somehow
+ involved, the Chair will immediately recuse themself, and the IESG
+ will select a single person to take the Chair's role in the appeal
+ process as described in Section 6.
+
+8. Confidentiality
+
+ Throughout this document, there are mentions of requirements to keep
+ information confidential. This section summarizes those requirements
+ for clarity.
+
+
+
+
+
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+
+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ The Ombudsteam is expected to strive for confidentiality.
+ Confidentiality protects the Reporter, Subject, and Respondent in any
+ case of alleged harassment. It also protects witnesses or others
+ consulted by the Ombudsteam during their investigation.
+
+ The Ombudsteam will keep its email and other archival records in a
+ secure system and will not discuss details of any case beyond what is
+ necessary for executing a thorough investigation.
+
+ Third-party receivers of output from the Ombudsteam (for example, ADs
+ or the IETF Secretariat who are asked to take action) are required to
+ keep such output confidential.
+
+ Participants in an investigation (Reporters, Subjects, Respondents,
+ and anyone interviewed by the Ombudsteam during an investigation) are
+ requested to keep the details of the events and investigation
+ confidential.
+
+ It is likely that members of the community will want to know more
+ when they have become aware of some details of a case of harassment.
+ The community is asked to show restraint and to trust the Ombudsteam.
+ This process is designed to provide remedies not punishment, as
+ described in Section 5.2, and public discussion of the events or
+ remedies does not form part of this process.
+
+9. Security Considerations
+
+ "Human beings the world over need freedom and security that they may
+ be able to realize their full potential." -- Aung San Suu Kyi
+
+10. References
+
+10.1. Normative References
+
+ [RFC2026] Bradner, S., "The Internet Standards Process -- Revision
+ 3", BCP 9, RFC 2026, DOI 10.17487/RFC2026, October 1996,
+ <http://www.rfc-editor.org/info/rfc2026>.
+
+ [RFC2418] Bradner, S., "IETF Working Group Guidelines and
+ Procedures", BCP 25, RFC 2418, DOI 10.17487/RFC2418,
+ September 1998, <http://www.rfc-editor.org/info/rfc2418>.
+
+ [RFC3934] Wasserman, M., "Updates to RFC 2418 Regarding the
+ Management of IETF Mailing Lists", BCP 25, RFC 3934,
+ DOI 10.17487/RFC3934, October 2004,
+ <http://www.rfc-editor.org/info/rfc3934>.
+
+
+
+
+
+Resnick & Farrel Best Current Practice [Page 16]
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+ [RFC7154] Moonesamy, S., Ed., "IETF Guidelines for Conduct", BCP 54,
+ RFC 7154, DOI 10.17487/RFC7154, March 2014,
+ <http://www.rfc-editor.org/info/rfc7154>.
+
+ [RFC7437] Kucherawy, M., Ed., "IAB, IESG, and IAOC Selection,
+ Confirmation, and Recall Process: Operation of the
+ Nominating and Recall Committees", BCP 10, RFC 7437,
+ DOI 10.17487/RFC7437, January 2015,
+ <http://www.rfc-editor.org/info/rfc7437>.
+
+10.2. Informative References
+
+ [OmbudsteamPages]
+ IESG, "Reporting Potential Harassment",
+ <https://www.ietf.org/ombudsteam>.
+
+ [Policy] IESG, "IETF Anti-Harassment Policy",
+ <https://www.ietf.org/iesg/statement/
+ ietf-anti-harassment-policy.html>.
+
+Acknowledgements
+
+ The text in this document benefited from the lively discussion on the
+ ietf@ietf.org mailing list. Thanks to everyone who participated.
+
+ Specific changes to this document resulted from comments by
+ Abdussalam Baryun, Alessandro Vesely, S. Moonesamy, Timothy
+ B. Terriberry, John Levine, Andrea Glorioso, Dave Crocker, John
+ Leslie, Linda Klieforth, Brian Carpenter, Mary Barnes, Richard
+ Barnes, Spencer Dawkins, Michael StJohns, Alissa Cooper, James
+ Woodyatt, Tom Taylor, Sam Hartman, Stewart Bryant, Stephen Farrell,
+ Nico Williams, Mark Nottingham, and Jari Arkko. The authors would
+ like to express their gratitude.
+
+ A design team comprising Linda Klieforth, Allison Mankin, Suresh
+ Krishnan, Pete Resnick, and Adrian Farrel was convened by the IETF
+ Chair (Jari Arkko) to address the issue of "Remedies for Respondents
+ in IETF Positions" and the text in Section 5.1.
+
+ The authors would like to thank Ines Robles for diligent shepherding
+ of this document and for tracking the many issues raised in and after
+ IETF last call.
+
+ Thanks to Greg Kapfer at ISOC, Ray Pelletier (the IAD), Scott Bradner
+ and Lou Berger on the IAOC, and Scott Young and David Wilson of
+ Thompson Hine for considering the legal and insurance implications.
+
+
+
+
+
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+RFC 7776 Anti-Harassment Procedures March 2016
+
+
+Authors' Addresses
+
+ Pete Resnick
+ Qualcomm Technologies, Inc.
+ 5775 Morehouse Drive
+ San Diego, CA 92121
+ United States
+
+ Phone: +1 858 651 4478
+ Email: presnick@qti.qualcomm.com
+
+
+ Adrian Farrel
+ Juniper Networks
+
+ Email: adrian@olddog.co.uk
+
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