[BlindTlk] Caring concerns of James and Susan Gashel
Pamela Dominguez
pammygirl99 at gmail.com
Thu Jul 15 20:33:09 UTC 2021
I've never heard it called woke. Pam.
-----Original Message-----
From: Raymond Foret Jr via BlindTlk
Sent: Wednesday, July 14, 2021 5:17 AM
To: Blind Talk Mailing List
Cc: Raymond Foret Jr
Subject: Re: [BlindTlk] Caring concerns of James and Susan Gashel
What I mean by “woke” is what we used to recently call “political
correctness”. Gary brought up a valid point yesterday and so I took the
liberty of adding to my signature that “I will never apologize for my
blindness”. After all, it’s part of what I am; and, since I’m proud of
that, why therefore should blindness not go write at the very top?
I will never apologize for my blindness, my Whiteness, my Catholicism or my
Southernness
Sent from the first computer with built-in screen reader access for the
blind:
Sincerely,
The constantly barefooted Ray
> On Jul 13, 2021, at 2:16 PM, Pamela Dominguez via BlindTlk
> <blindtlk at nfbnet.org> wrote:
>
> I agree. But, "how woke we sound?" Huh? What is that? Pam.
>
> -----Original Message----- From: Raymond Foret Jr via BlindTlk
> Sent: Monday, July 12, 2021 5:15 AM
> To: Blind Talk Mailing List
> Cc: Raymond Foret Jr
> Subject: Re: [BlindTlk] Caring concerns of James and Susan Gashel
>
> I agree with Peter and the others here. OF late, in my view, there has
> been a good deal too much made of how “woke” we sound when we introduce
> ourselves with our “pronouns” and so forth. I understand that various
> members will have different opinions about this and that political ideas
> outside the movement: but, always what has kept us together is our common
> concern about matters of blindness. Are we now to be more concerned with
> how woke we sound than issues of blindness? Are we now to yell diversity
> at one another and shove it down everyone’s throat just so we can brag how
> woke we seem: or, are we to truly put ourselves back on the path of true
> diversity by actually living it? It seems to me that way more of this
> sort of thing is going on than we realize but, in my view, we need to get
> back to where we were and get to a place where we can live and work
> together or else we are finished as a movement. If that happened, it
> would be a very sad thing indeed. Are we really going to give up so much
> for so little?
>
>
> I will never apologize for my Whiteness, my Catholicism or my Southernness
>
> Sent from the first computer with built-in screen reader access for the
> blind:
>
> Sincerely,
>
> The constantly barefooted Ray
>
>> On Jul 11, 2021, at 12:40 PM, Peter Donahue via BlindTlk
>> <blindtlk at nfbnet.org> wrote:
>>
>> Hello Jim and everyone,
>>
>> The same from us too. Concerns about over divisionizing and fracturing of
>> the NFB have been raised long before the code of conduct and the recent
>> discussions of insuring a safe organization began. Here's hoping we're
>> not on the road to another civil war one of our own making. I sure hope
>> not.
>>
>> Peter Donabhue
>>
>>
>> -----Original Message-----
>> From: BlindTlk <blindtlk-bounces at nfbnet.org> On Behalf Of Jen via
>> BlindTlk
>> Sent: Sunday, July 11, 2021 10:36 AM
>> To: James Gashel via BlindTlk <blindtlk at nfbnet.org>
>> Cc: Jen <spiderweb1 at sbcglobal.net>
>> Subject: Re: [BlindTlk] Caring concerns of James and Susan Gashel
>>
>> 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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