[NABS-L] Caring concerns of James and Susan Gashel
josh lester
jlestermusic at gmail.com
Sun Jul 11 03:40:18 UTC 2021
Because of this I move that we impeach Mark Riccobono. I nominate Scott Labarre as new president
Sent from my iPhone
> On Jul 10, 2021, at 8:13 PM, Jacob Ham via NABS-L <nabs-l at nfbnet.org> wrote:
>
> Based Emily
>
>> On Sat, Jul 10, 2021, 11:03 PM Emily Schlenker via NABS-L <nabs-l at nfbnet.org>
>> wrote:
>>
>> NO.
>>
>> Sent from my iPhone
>>
>>> On Jul 10, 2021, at 7:49 PM, James Gashel via NABS-L <nabs-l 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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