[BlindTlk] Caring concerns of James and Susan Gashel
Pamela Dominguez
pammygirl99 at gmail.com
Mon Jul 12 20:08:32 UTC 2021
Yes, when I read this, I was quight concerned. I have been in the
organization for almost half a century, and I am a lifetime member, but now,
I am very concerned. What can we do? Pam.
-----Original Message-----
From: Jody ianuzzi via BlindTlk
Sent: Sunday, July 11, 2021 12:13 PM
To: Blind Talk Mailing List
Cc: Jody ianuzzi
Subject: Re: [BlindTlk] Caring concerns of James and Susan Gashel
I agree completely. I have been a member of the NFB for 40 years. I am all
for inclusion, diversity and accountability. The focus of the organization
should be blindness first! We have to be unified not fractured in the
little groups.
I am also concerned over the future of the organization. Let’s not forget
our original mission.
JODY
To Boldly Go 🖖🏻
thunderwalker321 at gmail.com
"What's within you is stronger than what's in your way." NO BARRIERS Erik
Weihenmayer
> On Jul 11, 2021, at 11:37 AM, Jen via BlindTlk <blindtlk at nfbnet.org>
> wrote:
>
> I couldn't agree more with the findings of your statement. Thank you for
> releasing it. Where can we find the report?
>
>
>
>
>
>
> On Saturday, July 10, 2021, 08:48:28 PM EDT, James Gashel via BlindTlk
> <blindtlk at nfbnet.org> wrote:
>
>
>
>
>
> STATEMENT OF CARING CONCERNS OF JAMES AND SUSAN GASHEL
>
> I. THE NATIONAL FEDERATION OF THE BLIND’S 2021 SPECIAL COMMITTEE REPORT
> ON SEXUAL MISCONDUCT
>
> We write these concerns because we care about the NFB. As a member of the
> Board, Mr. Gashel voted in favor of the Code of Conduct, in favor of the
> SAFE fund, and voted to release the Report for our members to review, but
> did not and does not endorse the Report’s content or conclusions. We
> write, because, in its zeal to curb misconduct, the members need to know
> the NFB is creating a kangaroo court.
>
> We stand with survivors. No one should have to suffer unwanted harassment
> or violence, whether in the NFB or anywhere. Standing with survivors does
> not mean we should turn over our organization to outside investigators.
> This disempowers the affiliates, the backbone of our organization.
>
> The Code of Conduct defines sexual harassment, but does not define sexual
> misconduct. https://nfb.org/about-us/history-and-governance/code-conduct.
> Regardless, the Special Committee used the term sexual misconduct (which
> wasn’t defined) and not sexual harassment. This is not, we repeat, not,
> an issue of terminology. According to RAINN, sexual harassment is widely
> understood to be a narrow term as compared to the broader term of sexual
> misconduct. The substitution of terms is a misleading sleight of hand.
> Did the Report conclude any transgressor committed sexual harassment? We
> don’t know. Therefore, we don’t know if any transgressor violated the
> Code of Conduct. By being casual about the terms, the Special Committee
> leads us to believe that the Code of Conduct was violated. We don’t know
> and neither do the NFB members.
>
> The Report lacks investigative standards, the text is conclusory, not
> supported by any stated evidence, and written to evoke strong feelings.
> The Report says that Dr. Schroeder was guilty of sexual misconduct over
> four decades, yet no allegations go back nearly that far. Sadly, we
> believe the Special Committee’s methods resulted in a predetermined
> outcome – a kangaroo court.
>
> According to the Report, the investigator was objective. We don’t agree.
> Sexual misconduct, not being defined, is in the eye of the beholder – in
> this case, the External Investigator and the President of the NFB. Yet,
> we don’t know what the investigator considers to be sexual misconduct,
> neither does the membership.
>
> We acknowledge mistakes have been made; they have been made by the Board
> of Directors as a whole. The Report blames the immediate past president
> and current president, while this may be expedient; we find it to be
> untrue and unfair to Dr. Maurer and President Riccobono.
>
> 52 separate people are alleged to be either transgressors or individuals
> who failed to “respond adequately to sexual misconduct allegations.”
> Lumping these two categories together creates a perception of a larger
> problem than we have in NFB. We don’t even know what failed to “respond
> adequately” means. Is it leadership response, is it witness response? We
> don’t know. Did those who allegedly failed to respond adequately violate
> the Code of Conduct? We don’t know. Did the transgressors violate the
> Code of Conduct? We don’t know. Is consensual sexual behavior sexual
> misconduct? We don’t know. All we do know is that the transgressors
> violated whatever standard is applied by the External Investigator. But
> we don’t know the standard, and neither does the membership.
>
> Given the size of the NFB, and the fact that allegations from the distant
> past were considered, we need to step back and reconsider the Report’s
> conclusions.
>
> If the NFB adopts the Report’s recommendations for processing sexual
> misconduct complaints, an External Investigator decides if it is “more
> likely than not” that a violation took place and recommends disciplinary
> actions. The President accepts, rejects or modifies the report and
> notifies the parties. An appeal has to be filed within 30 days; the
> President picks a three-member Appeal Panel from the Board. But the
> Appeal Panel cannot overturn the President’s decision unless it is
> “manifestly unjust,” this means that it has to be plain and obvious that
> the decision was wrong. There are no other appeals permitted. There is
> an exception for “extenuating circumstances” but this is not explained.
> We simply don’t know.
>
> One thing we do know is this: Under the NFB Constitution,
> https://nfb.org/about-us/history-and-governance/constitution, the
> President does not have unilateral authority to suspend, expel, or
> discipline a member. This authority is expressly reserved to the Board of
> Directors and the Convention.
>
> Therefore, the actions now being taken by the president violate Article
> III, Section E of the NFB’s Constitution. Under Article III, there are
> only two ways for a member to be suspended, expelled, or disciplined: by
> a two thirds majority vote of the Board of Directors or by a simple
> majority of the states present and voting at a national convention. The
> national convention has the sole authority to reverse the Board of
> Directors.
>
> Having not amended the Constitution, President Riccobono is throwing
> people out. Because there is no appeal to the Board of Directors, and no
> opportunity to go to convention for redress, the investigation and appeals
> process being used is unconstitutional, since the constitution requires a
> two-thirds Board vote, reversible by the national convention. The NFB
> membership deserves better. The membership deserves to have the final
> say, if anyone wants to take a discipline issue that far.
>
> Our concerns are informed by the references set forth at the end of this
> statement.
>
>
>
> II. CURRENT STATUS AND PRIORITIES OF THE NATIONAL FEDERATION OF THE
> BLIND
>
> We fear that the NFB is being consumed by internal disputes while losing
> its focus on the compelling struggle of blind people for equality,
> opportunity, and security in society. Mr. Gashel has proposed the
> following initiatives; all were rejected by President Riccobono:
>
> Public benefits advocacy. From 2014 through 2018, Mr. Gashel urged more
> emphasis on advocacy by NFB on behalf of our members eligible for and/or
> receiving public benefits, including SSI and SSDI. President Riccobono
> agreed that these efforts were needed but said NFB lacks staff and
> resources. It’s all a matter of priority.
> In January 2018 after Mr. Gashel retired, he offered to contribute time to
> develop an advocacy effort with respect to Social Security and other
> public benefits, but President Riccobono did nothing.
> Mr. Gashel, given his unique and extensive experience as a lobbyist,
> proposed to Mr. Riccobono a plan for the NFB to have a more consistent
> effort in state and local legislation and advocacy, including volunteering
> to lead the effort, but President Riccobono did absolutely nothing, while
> agreeing that action was necessary in this area. His announcement to
> establish a committee on state and local legislation and advocacy after
> Mr. Gashel’s resignation exemplifies the problem of Mr. Riccobono’s
> reactive, not decisive, leadership.
>
> We are losing our focus. Only the membership can bring it back. We urge
> all members to ensure that NFB remains the unified voice of the nation’s
> blind, and that, with love, hope, and determination we will turn our
> dreams into reality.
>
> REFERENCES:
> https://hbr.org/2020/05/why-sexual-harassment-programs-backfire
> https://www.rainn.org/articles/sexual-harassment.
> https://www.newamerica.org/better-life-lab/reports/nowwhat-sexual-harassment-solutions-toolkit/top-down-industry-level-or-organizational-change.
> https://www.unh.edu/research/prevention-innovations-research-center/evi.dence-based-initiatives.
> https://www.apa.org/monitor/2018/02/sexual-harassment.
> https://www.washingtonpost.com/news/act-four/wp/2018/01/17/the-metoo-movement-is-at-a-dangerous-tipping-point/
>
> James Gashel joined the National Federation of the Blind in 1965 and
> became the first president of the NFB Student Division. In 1974 he joined
> the NFB staff as chief of the Washington office, where he became one of
> the best-known advocates for the blind in the United States. His
> well-known efforts in Washington have led to significant changes in
> virtually every law directly affecting blind Americans: the Social
> Security Act, the Rehabilitation Act, the Randolph-Sheppard Act, the
> Americans with Disabilities Act, the Copyright Act, the Individuals with
> Disabilities Education Act, and the Help America Vote Act. While
> championing these causes, Jim has won the love and respect of the
> thousands of blind men and women across America who have directly
> benefited from his informed and effective personal advocacy.
> During Jim's service at the NFB, he received the Commissioner's Award for
> Outstanding Leadership in Rehabilitation Services to the Disabled, the
> highest honor conferred by the Commissioner of the Rehabilitation Services
> Administration. He received the Secretary of Labor's Outstanding American
> Award and the NFB’s Jacobus tenBroek Award, the NFB’s highest honor to
> recognize members and leaders in our movement.
>
> Susan Rockwood Gashel is an attorney based in Honolulu, Hawaii. Her
> employment history covers work with non-profits, government agencies, and
> the private practice of law over five decades. She has worked with
> migrant farmworkers and governing boards, as a staff attorney for Hawaii’s
> open meetings and public records agency; as a deputy attorney general
> assigned to the Departments of Health and Human Services, and has served
> as an arbitrator for 17 state licensing agencies in actions against the
> Federal government, as well as representing blind vendors from 11 states.
> In 2008 she met James Gashel; they married in 2012. She has been admitted
> as a member to the Supreme Court of Hawaii, United States District Court
> for the District of Hawaii, United States Court of Appeals for the Ninth
> and Seventh Circuits, United States District Court for the District of
> Colorado, United States Court of Federal Claims, and United States
> District Court for the Western District of Michigan.
>
>
> Best and Aloha,
> James Gashel
>
> M: (808) 234-9259
> E: jgashel0923 at gmail.com
>
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