[I apologise for posting much later than I had anticipated. I had to prioritise matters which have been actual immediate problems for myself and others who depend upon me. Correcting a text on topic which inherently raises well justified sensitivities requires much careful consideration.] The Koha community, like any other sufficiently large community, has the need for a formal code of conduct. We have a draft text to which some people have passed amendments privately. In the opinion of some, including myself, the draft text has some obvious deficiencies which need correction. We need a fuller open discussion to properly improve the draft before we vote on adopting a text at the general irc meeting. The need for the code is not that necessarily any particular relevant problem has occurred within the Koha community to warrant such a code. The need is both as a reminder to anyone who may need a reminder to avoid creating a relevant problem and to provide guidance if such a problem may ever occur. As Galen Charlton reported in June, a draft policy has been placed in a git repository currently at https://github.com/gmcharlt/koha-code-of-conduct . We should have designated codes of conduct including anti-harassment policies with formal names which have been checked for problems by lawyers in the same way that we have for copyright licences. Well drafted codes of conduct, just as well drafted copyright licenses, should have reasonably the same effect irrespective of the local legal regime. The greater extent of copyright legal history and greater uniformity of relevant local law following international copyright treaties makes the problem easier for copyright law. Meanwhile, we should endeavour to make our own best effort correcting what we have. As with the Koha software code, if we later find a bug in the code of conduct text, then we should submit an appropriate patch to correct the bug even after adoption of a particular version of the text. Patches need merely be proposed for due discussion and consideration. I hope that the most obvious bugs will be patched before any actual unlikely misfortune may occur in which we may be bitten buy such bugs. The potential seriousness of some such bugs under some unlikely but possible scenarios may be worse than any bug in the Koha software. The following are my proposed corrections to the draft Koha Code of Conduct. Background context citing sources used as examples and detailed explanations may follow in some future messages as may be deemed necessary and my time allows. 1.1. ANTI-HARASSMENT POLICY SUBSIDIARY TO PROPER CODE OF CONDUCT. The present draft code of conduct is not actually a code of conduct but an anti-harassment policy. An anti-harassment policy may be an element of code of conduct but should never be the entirety of a code of conduct. The purpose for which we engage with one another should be stated for a proper code of conduct. The anti-harassment policy should always be taken in the context of the purpose of the code of conduct, otherwise, the anti-harassment policy becomes an end in itself. We certainly do not engage with one another for the purpose of avoiding harassing one another. Add a section stating the organising purpose following the agreement required paragraph. "Purpose The Koha Community promotes and protects the free exchange of ideas relating to the Koha software." Place all other text in a subsidiary section as the anti-harassment policy starting with a contextual introductory sentence. "Koha Anti-Harassment Policy In protection of the free exchange of ideas, the Koha Community follows the following anti-harassment policy." 1.2. SCOPE OF APPLICATION. A scope of application section for the anti-harassment policy should be added following the introductory sentence paragraph. The scope of application should include the context in which the most serious violations of reasonable behaviour giving rise to the need for anti-harassment policies have occurred in other larger communities. "Scope of Application We expect participants to follow the following rules at all Koha Community event venues, event-related social activities, and at any other time during the course of the event which involves another Koha Community event participant. 'During the course of the event' shall be understood to mean all the hours of all the days and nights over which the event takes place as well as all the hours of all the days and nights over which some organisational activity takes place for the event immediately preceding and immediately following the event." The related superseded paragraph near the end of "the less quick version" section should be removed altogether. "We expect participants to follow these rules at all event venues and event-related social activities. We think people should follow these rules outside event activities too!" 1.3. EXCLUSIONS. Add an additional exclusions section following the introductory sentence paragraph. "Exclusions The anti-harassment policy does not apply to activity which has no connection to the context of a Koha Community event unless that context involves another participant in a Koha Community event during the course of the event. Nor does the anti-harassment policy apply to the use of the Koha software independent from the context of a Koha Community event. Nor does the anti-harassment policy apply to material which may be managed by users' Koha software installations independent from the context of a Koha Community event." 1.4. CORRECT NOTABLE UNDERINCLUSIVENESS. Add ethnicity to the list of fundamental forms of harassment. [Ethnicity is a similar concept to race in English but is a distinct concept in law in the jurisdictions of at least some English language countries.] There are two points where a list is given which should include ethnicity. "Koha event organisers are dedicated to providing a harassment-free experience for everyone, regardless of gender, gender identity, sexual orientation, disability, physical appearance, body size, race, ethnicity, or religion." "* Verbal, graphic or written comments related to gender, gender identity, sexual orientation, disability, physical appearance, body size, race, ethnicity, or religion." 1.5. STAFF CONTACT PROCEDURE FOR ALL HOURS. The paragraph on staff contact in the "less quick version section" should be expanded to cover all hours. The following should be added to the paragraph. "Event organisers will provide some sufficient means for any participant to contact some member of staff for immediate attention to a harassment complaint at any hour during the course of the event. Every event participant will be given such means of contact." 1.6. CORRECT CONTACTING OF SECURITY OR LAW ENFORCEMENT. Add text requiring that contacting security or law enforcement under the policy should be at the sole discretion of the complaining event participant. Add home country law enforcement to the text to cover the problem where local law enforcement may be either understood by the complainant to be inadequate to pursue the matter, or understood by the complainant to lack what the complainant may regard as a reasonable just approach generally or specifically to the issue of the complaint. The relevant parts of the text should be changed to reduce the risk that someone associated with the event organisers but completely lacking any understanding of the community or lacking empathy with an actual complainant might abuse the most serious part of the policy. Such a possible person associated with the event organisers should not find any cover in the policy to abuse as an excuse to pursue a private agenda contrary to the choice of the complaining participant or in the absence of a complaining participant. Nothing in any policy could stop anyone from acting with such disregard independently from the policy but the policy should not contain an excuse to abuse it. "If a participant engages in harassing behavior, event organisers retain the right to take any action the event organisers deem necessary to keep the event a welcoming environment for all participants. However, no one shall use these rules as an excuse to act contrary to the expressed choice of the complaining participant about whether contacting security or law enforcement is appropriate. Event organisers may take action to redress anything designed to, or with the clear impact of, disrupting the event or making the environment hostile for any participants." At the direction of a participant complaining of harassment, event staff will be happy to help the participant contact hotel/venue security, local law enforcement, or the home country law enforcement of any person against whom the complaint is made. Additionally, event staff will be happy to provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the event." The following sentence should be in a paragraph of its own. "We value your attendance." 1.7. ADD PROCEDURES SECTION. A procedure section is a fundamental element of any anti-harassment policy. "Procedures Event organisers will follow rules specified above to guide their procedure. Event organisers will keep a record of information from any participant making a harassment complaint noting the date, time, place, and who was involved with what specific activity. Event organisers will also similarly keep a record of information from witnesses. Event organisers will consider whether warning participants accused of violating the policy is appropriate or whether more serious action may be required. Event organisers will take guidance from event participants about what action may be appropriate but may act independently of that guidance except as stated above that the complainant's choice must be respected about whether contacting security or law enforcement is appropriate." 1.8. CORRECT ATTRIBUTION. The attribution statement should be moved from the "less quick version section" and placed in its own section at the end with corrections. "Attribution This ant-harassment policy is modified from the code borrowed from the folks at Evergreen who borrowed it from the folks at GopherCon, who borrowed it from JSConf, with permission. A section is adapted from the OpenStack Summit Code of Conduct. Another possibly earliest progenitor is the Ada Initiative's Model Conference Anti-Harassment Policy." 2. DRAFT TEXT WITH PROPOSED CORRECTIONS ADDED. Koha Community Code of Conduct All delegates, speakers, sponsors and volunteers at any Koha event are required to agree with the following code of conduct. Organisers will enforce this code throughout the event. 2.1. Purpose The Koha Community promotes and protects the free exchange of ideas relating to the Koha software. 2.2. Koha Anti-Harassment Policy In protection of the free exchange of ideas, the Koha Community follows the following anti-harassment policy. 2.2.1. Scope of Application We expect participants to follow the following rules at all Koha Community event venues, event-related social activities, and at any other time during the course of the event which involves another Koha Community event participant. 'During the course of the event' shall be understood to mean all the hours of all the days and nights over which the event takes place as well as all the hours of all the days and nights over which some organisational activity takes place for the event immediately preceding and immediately following the event." 2.2.2. Exclusions The anti-harassment policy does not apply to activity which has no connection to the context of a Koha Community event unless that context involves another participant in a Koha Community event during the course of the event. Nor does the anti-harassment policy apply to the use of the Koha software independent from the context of a Koha Community event. Nor does the anti-harassment policy apply to material which may be managed by users' Koha software installations independent from the context of a Koha Community event." 2.2.3. The Quick Version Koha event organisers are dedicated to providing a harassment-free experience for everyone, regardless of gender, gender identity, sexual orientation, disability, physical appearance, body size, race, ethnicity, or religion. We do not tolerate harassment of event participants in any form. Sexual language and imagery is not appropriate for any event venue, including talks. Event participants violating these rules may be sanctioned or expelled from the event without a refund at the discretion of the event organisers. * Harassment includes, but is not limited to: * Violent threats, intimidation or personal insults directed against another person * Verbal, graphic or written comments related to gender, gender identity, sexual orientation, disability, physical appearance, body size, race, ethnicity, or religion * Posting sexually explicit or violent material * Stalking or following, including harassing photography or recording * Sustained disruption of talks or other presentations * Inappropriate physical contact or sexual attention * Posting (or threatening to post) other people’s personally identifying information * Advocating for, or encouraging, any of the above behavior * Repeated harassment of others. In general, if someone asks you to stop, then stop 2.2.4. The Less Quick Version Participants asked to stop any harassing behavior are expected to comply immediately. Sponsors are also subject to the anti-harassment policy. In particular, sponsors should not use sexualized images, activities, or other material. Booth staff (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment. If a participant engages in harassing behavior, event organisers retain the right to take any action the event organisers deem necessary to keep the event a welcoming environment for all participants. However, no one shall use these rules as an excuse to act contrary to the expressed choice of the complaining participant about whether contacting security or law enforcement is appropriate. Event organisers may take action to redress anything designed to, or with the clear impact of, disrupting the event or making the environment hostile for any participants. If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of event staff immediately. Event staff can be identified by a clearly marked “STAFF” badge, button or shirt. Event organisers will provide some sufficient means for any participant to contact some member of staff for immediate attention to a harassment complaint at any hour during the course of the event. Every event participant will be given such means of contact. At the direction of a participant complaining of harassment, event staff will be happy to help the participant contact hotel/venue security, local law enforcement, or the home country law enforcement of any person against whom the complaint is made. Additionally, event staff will be happy to provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the event. We value your attendance. 2.2.5. Procedures Event organisers will follow rules specified above to guide their procedure. Event organisers will keep a record of information from any participant making a harassment complaint noting the date, time, place, and who was involved with what specific activity. Event organisers will also similarly keep a record of information from witnesses. Event organisers will consider whether warning participants accused of violating the policy is appropriate or whether more serious action may be required. Event organisers will take guidance from event participants about what action may be appropriate but may act independently of that guidance except as stated above that the complainant's choice must be respected about whether contacting security or law enforcement is appropriate. 2.2.6. Attribution This ant-harassment policy is modified from the code borrowed from the folks at Evergreen who borrowed it from the folks at GopherCon, who borrowed it from JSConf, with permission. A section is adapted from the OpenStack Summit Code of Conduct. Another possibly earliest progenitor is the Ada Initiative's Model Conference Anti-Harassment Policy. Thomas Dukleth Agogme 109 E 9th Street, 3D New York, NY 10003 USA http://www.agogme.com +1 212-674-3783