[Koha] Code of conduct

[Thomas Dukleth]

[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