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Department of Education Gender Identity Legal Office for Civil Rights Title IX

Clandestine Gender Transitioning at California School Triggers Lawsuit, Call for Legislative Hearings

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Clandestine Gender Transitioning at California School Triggers Lawsuit, Call for Legislative Hearings

WASHINGTON / January 30, 2023 – A lawsuit has been filed against a California school district for promoting the gender transitioning of an 11-year-old girl without parental knowledge. Many school districts across the nation have adopted similar policies that prevent parents from being informed about their own children changing their gender.

The lawsuit alleges the girl was seeing a counselor at Sierra View Elementary School in Chico, California for mental health issues. One day the girl told the counselor she felt “like a boy.” Subsequently, the school began to secretly transition the girl without parental knowledge or consent. Subsequently, the girl’s mental health began to deteriorate (1).

The girl later changed schools and reverted to her female identity. The lawsuit against the Chico Unified School District was filed earlier this month (2).

A recent report from the American Principles Project notes that transgenderism is marked by a “deadly and destructive combination of ideology, politics, and profits,” and reveals the global market value of sex reassignment surgery to be more than $316 million (3).

The unregulated growth of gender transitioning has resulted in a growing number of persons, known as “detransitioners,” who have decided to revert to their original sex (4).

Sixty-three leading organizations are now calling on Congress to “Conduct hearings on experimental medical practices involving gender transition of under-age children, e.g., puberty blocking drugs, opposite-sex hormones, breast removal, and castration.” (5)

In addition, state lawmakers are being called up to hold hearings to assess the science, ethics, and financial backing of gender transitioning of underage students. To date, federal courts in Florida, North Dakota, and Texas have ruled in favor of placing restrictions on underage gender transitioning surgery (6).

In June, the U.S. Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex” to include “gender identity.” Such a change would serve to promote gender transitioning and have profound, long-lasting effects on child safety, the family structure, and parental rights (7).

Links:

  1. https://www.actionnewsnow.com/news/local/mom-suing-chico-unified-over-childs-gender-identity-shares-her-story/article_c007d968-96d4-11ed-a91b-9b1c3b975480.html
  2. https://libertycenter.org/wp-content/uploads/2023/01/Filed-Complaint.pdf
  3. https://reports.americanprinciplesproject.org/wp-content/uploads/2022/11/2022_TransLeviathan_web.pdf
  4. https://www.theatlantic.com/ideas/archive/2023/01/detransition-transgender-nonbinary-gender-affirming-care/672745/
  5. https://www.saveservices.org/wp-content/uploads/2023/01/Letter-to-Stop-Weaponization-of-Title-IX-Jan.-26.pdf
  6. https://www.saveservices.org/2022-policy/network/gender-transitioning/
  7. https://www.saveservices.org/2022-Policy/
Categories
Civil Rights Department of Education Domestic Violence Due Process Free Speech Office for Civil Rights Press Release Sex Education Sexual Harassment Title IX

63 Organizations Urge Congress to Halt the Weaponization of Title IX

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

63 Organizations Urge Congress to Halt the Weaponization of Title IX

WASHINGTON / January 26, 2023 – Sixty-three leading organizations today are calling on Congress to take strong measures to stop the proposed overhaul of Title IX, the law that was designed to curb sex discrimination in schools. On June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (1).

The letter notes that Title IX activists also are seeking to “marginalize the role of parents, promote gender transitioning among minors, make a mockery of fairness in women’s sports, and curtail free speech and due process.”

The letter urges Congress to therefore undertake the following actions:

  1. Pursuant to H. Res 12, SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT, investigate how the U.S. Department of Education has collaborated with private sector and non-profit entities to alter the regulatory definitions of “sex” and “sexual harassment,” with the aim of changing the foundational legal definition of “sex” and infringing on First Amendment free speech rights.
  2. Reduce the appropriations to the U.S. Department of Education’s Office for Civil Rights (OCR) by $25 million.
  3. Conduct hearings on experimental medical practices involving gender transition of under-age children, e.g., puberty blocking drugs, opposite-sex hormones, breast removal, and castration.
  4. Vigorously oppose passage of the Students’ Access to Freedom and Educational Rights (SAFER) Act, introduced in December 2022.
  5. Oppose legislation that seeks to expand definitions of “sexual harassment,” promote “trauma-informed” investigations, or seek to weaken free speech, due process, or the presumption of innocence.
  6. Work for the passage of the following legislation:
    1. Parents Bill of Rights Act
    2. Protection of Women and Girls in Sports Act
    3. Campus Free Speech Restoration Act
    4. Campus Equality, Fairness, and Transparency Act

A SAVE public opinion poll reveals strong public support for these actions (2).

The 63 organizations are members of the Title IX Network (3). The letter to Congress can be viewed online (4).

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  3. https://www.saveservices.org/2022-Policy/
  4. https://www.saveservices.org/wp-content/uploads/2023/01/Letter-to-Stop-Weaponization-of-Title-IX-Jan.-26.pdf
Categories
Domestic Violence Sexual Assault Sexual Harassment

The Waxman Cometh: London’s Commissioner for Which Victims, Exactly?

The Waxman Cometh: London’s Commissioner for Which Victims, Exactly?

Sean Parker

January 25, 2023

Claire Waxman is London’s first Victims Commissioner. In 2011, she won a case to overturn the decision not to prosecute her stalker, university friend Elliot Fogel.

Fogel was first convicted in 2003 over repeated phone calls. The former Sky Sports producer denied he had done anything wrong, but was convicted by a jury of stalking and breaching a restraining order.

Waxman was a contributor to a successful campaign for change in stalking laws, and in 2013 founded campaign group Voice4Victims to continue lobbying for legislation. V4V proposed victims’ rights amendments to the Policing and Crime Bill, passed in the House of Lords in 2016.

Also in 2016 V4V launched the Abuse of Process campaign, which aimed to tackle the problem of alleged victims being abused by alleged perpetrators through legal platforms. Whether this would be following verdict, when a complainant legally becomes a victim, is unclear. V4V also drafted the Sexual Offences Bill, to improve protection for alleged victims of rape and sexual assault. What, if any, connection Waxman has to Betsy Stanko (Operation Soteria grande fromage, charged with increasing UK sexual assault convictions) is as yet undeclared.

Waxman was subsequently reappointed by Sadiq Khan in May 2021. She claims to have undertaken work to transform the criminal justice system to provide a better experience for victims of crime, working alongside victims to amplify their voices, and promoting their interests throughout the ‘criminal justice journey’. Does this also include victims of false allegations of domestic violence and sexual assault, wrongful conviction or incarceration, or men and boys in general?

In December 2022 Waxman issued a series of social media posts that appeared to erase the existence of male victims of domestic abuse, and vilified men. Here are some examples:

  • December 7: “Our campaign is making a real difference in our fight to end the epidemic of male violence against women and girls for good.”
  • December 9: “We should reflect on Violence Against Women and Girls in the 21st Century, and the huge proportion of abuse that takes place online and using technology.”
  • December 12: “Much more must be done to tackle the harmful behaviors of men.”
  • December 14: “Zara’s future was stolen by a man with no regard for her life or the law.”
  • December 18: “We are in an epidemic of violence against women and girls.” December 19: “Everyone has a responsibility to challenge misogynistic views and attitudes.”

Also in 2022, Justice Secretary Dominic Raab declined to renew national Victims Commissioner Dame Vera Baird’s contract. Baird is a well-known radical feminist of the ages. See False Allegations Watch‘s annotated notes on a statement given during her tenure.

According to sources Claire Waxman has been used by the legal-dominance feminist lobby to campaign against the recognition of Parental Alienation in the Domestic Abuse Bill. She allegedly went to the President of the Family Division with a list of names of professionals working on Parental Alienation cases. The source suspected that this was why he referred to people having their professional reputation destroyed in a key speech on Parental Alienation in October 2021. The President didn’t take any action.

So the Victims Industry rolls on unquestioned, due to nobody in power wanting to be seen as denying alleged victims justice. But there are many kinds of victims, and in a world where good is bad, right is wrong, left is right and male can be female, there are also potentially 8 billion victims.

Subjectivity ultimately goes in only one direction – inwards; and let it not be forgotten that prisons also are full of ‘victims’. Those who are charged with creating alleged victims are by and large victims themselves, and even if they claim not to have been, have possibly not yet been correctly coerced into seeing themselves that way.

As is increasingly the case, it’s the terminology that’s the problem: If victimhood is seen as a monetisable virtue, then the image of wrongdoing, pain and suffering must be maintained at all costs, and for as long as possible. Otherwise any possible pretence or change of state might be seen through, and fatal doubt sown. Using negative experience as an emotional crutch is a very dangerous business, as crying wolf is a one-way street; once done, rarely recovered from. And don’t even start on the potential false memories in historical cases, or the social contagion of a million believed stories becoming the industrialised wheels before the new culture-wars ambulance-chasers (MeToo lawyers and their ilk).

Categories
Due Process

Compelled Compliance: Resisting the Istanbul Convention  

Compelled Compliance: Resisting the Istanbul Convention  

Sean Parker

January 19, 2023

When David Bowie as Ziggy Stardust in the early 1970s and Prince in the 80s played so entrancingly with what were then called gender roles, surely not even those astute seers of pop culture could have foreseen how thoroughly some of their young viewers and listeners might take it to heart.

Wasn’t it all just a silly phase they were going through? Tens of thousands of sex change operations later, many regretted, many not, the worlds of right and wrong, good and bad, and male and female are being gradually turned on their heads. By the back door however, because many populations resist this unmandated reframing of nature as a commercial life choice, while the ever-resourceful activists are aware there is more than one way to skin a cat. Give them control of a nation’s most popular Twitter accounts and they care not who makes its laws.

The Istanbul Convention is a document that approaches the issues of domestic violence in an extremely ideological way. The risk of the legal sanctioning of the concept of ‘third gender’ (recently rejected by Switzerland) is implicit. The definition of the term gender in the Istanbul Convention fully corresponds to the views expressed by the representatives of extreme feminism.

The agreement also emphasises that since gender roles are social constructs, they are not biologically determined. The assumptions of the theory of gender are based on classical Marxist concepts. According to many adherents to Marxism, conflict is inscribed in the very nature of historical phenomena, and determines the development of social life. Such a concept is based on the belief that social relations are based on antagonisms, with everything reduced to inter-power dynamics.

According to the Marxists, all the existing ethical, moral, legal and religious norms – referred to as the ‘superstructure‘ – serve to petrify existing socio-economic relations, known in Marxist literature as the ‘base‘. The gender theory adopted the perception of the family as a place of oppression from the ideology that forms its basis – i.e. radical feminism – especially from its ‘Second’ and ‘Third-Wave’. Genderism belongs to the broader category of neo-Marxist ideologies. From the philosophical point of view, this ideology is classified as one of the postmodern concepts.

Political activists have long known to set any aim as putatively impossible, and negotiate down from there. Now, however, the establishment is run by those who used to activate in opposition: the establishment is now the woke orthodoxy. Thus, concepts such as third gender, which the people of Scotland opposed while the Scottish National Party tried to ram it through, are introduced in cleverly worded clauses and legal loopholes, problems to sort out later, once the new progressiveness is supposedly established. This is a political tactic passed directly from the Bolsheviks to Tony Blair, stretching the baton arm across the length of the 20th century.

Sexual assault statistics are being intentionally increased by Operation Soteria in the UK, a partnership with US for-profit Soteria Solutions, a company responsible for destroying thousands of young men’s lives in that country off the back of the ‘campus rape’ hysteria. For the past decade this has been pushed and litigated by radical feminist academics including Stanford professor Michele Dauber, currently under investigation for online harassment.

The Istanbul Convention will extend this spirit of one-eyed vitriol to the sphere of domestic violence, which thorough research tells us is promulgated in a half of cases by women, and is frequently at its most virulent in female same-sex couples. And all of the messaging is anti-male. This is societal demonisation brought on by ideological hate, going on only one direction: female to male, the consequence of fifty-plus years of rabid histrionics.

Hiding subtle, difficult to legally challenge social changes in law is essentially mendacious and undemocratic, power exercised by stealth, and in bad faith since their designers know they won’t command the support of the people who may have voted them in for very different reasons. By the time they get to vote them out, the damage is done, and the social change embedded (if still wildly unpopular). Third genderism, along with all the other anti-male domestic violence and anti-instinct moves currently threatening mainstream society, is doomed to fail due to the toxic activism of those promulgating it.

Categories
Campus Department of Education Due Process Free Speech Office for Civil Rights Sexual Assault Sexual Harassment Title IX

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

WASHINGTON / January 18, 2023 – The Biden Administration has issued several policy documents that are designed to promote the so-called “gender agenda” (1). In particular, on June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (2).

In response, over 200 organizations (3), numerous state Attorneys General (4), and dozens of federal and state lawmakers (4) have spoken out in strong opposition to the draft regulation.

Since June 23, 2022, seven judicial decisions have been issued that thwart the Biden Administration’s attempts to expand the definition of “sex,” curtail free speech, and promote gender transitioning:

  1. State of Tennessee v. Department of Education, July 15, 2022: In response to a lawsuit by the Attorneys General of 20 states, the District Court for the Eastern District of Tennessee granted a Preliminary Injunction against the Department of Education, blocking the DOE from implementing Biden’s Executive Order No. 13988, “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” (5)
  2. Franciscan Alliance and Christian Medical and Dental Society v. Becerra, August 26, 2022: The Fifth Circuit Court of Appeals, located in New Orleans, unanimously ruled that doctors must be free to practice medicine without compulsion to perform gender-transition procedures. (6)
  3. Speech First v. Alexander Cartwright, September 23, 2022: The District Court for the Middle District of Florida ruled against the University of Central Florida for three campus policies that served to suppress student speech. (7)
  4. Neese v. Bercerra, October 14, 2022: The Northern District of Texas Court ruled that Section 1557 of the Affordable Care Act and Title IX do not prohibit discrimination based on sexual orientation or gender identity. The court set aside the contrary enforcement position taken by the Department of Health and Human Services. (8)
  5. Religious Sisters of Mercy et al v. Becerra, December 9, 2022: The Eighth Circuit Court in North Dakota overturned a rule under the Affordable Care Act, Section 1557, that would require “gender-transition procedures” be covered by health insurance plans. (9)
  6. Adams v. School Board of St. Johns County, December 30, 2022: The U.S. Court of Appeals for the Eleventh Circuit reversed the decision of the District Court, and upheld the policy of the St. Johns County School District in Florida, which denied transgender students access to the bathrooms consistent with their gender identity. (10)
  7. B.P.J. et al v. West Virginia State Board of Education, January 5, 2023: The Southern District Court of West Virginia ruled in favor of the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for the purpose of secondary school sports. (11)

Since June 23, 2022, wrongfully accused students also have triumphed in 22 due process lawsuits against the following universities: University of California, University of Idaho Law School, Dartmouth College, Dordt University, SUNY-Purchase, Brown University (two lawsuits), Purdue University, Massachusetts Institute of Technology, University of Arizona,  University of Southern Florida, Western Michigan University, Prairie View A & M University, UC-Davis, Marshall University, University of Chicago, University of Connecticut, Emory University, Texas Christian University, Stonehill College, University of Wisconsin-Madison, and Siena College. (12)

SAVE urges Congress to take necessary actions to discourage attempts by the Executive Branch to advance the gender agenda.

Links:

  1. https://www.heritage.org/gender/heritage-explains/the-lefts-new-gender-agenda
  2. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  3. https://www.saveservices.org/2022-Policy/
  4. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  5. https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-23-order.pdf
  6. https://becketnewsite.s3.amazonaws.com/20220907161315/Franciscan-Opinion.pdf
  7. https://speechfirst.org/wp-content/uploads/2021/02/64.-Dismissal-Settlement-1.pdf
  8. https://casetext.com/case/neese-v-becerra-1
  9. https://becketnewsite.s3.amazonaws.com/20221209161106/Sisters-of-Mercy-Opinion.pdf
  10. https://media.ca11.uscourts.gov/opinions/pub/files/201813592.2.pdf
  11. https://storage.courtlistener.com/recap/gov.uscourts.wvsd.231947/gov.uscourts.wvsd.231947.512.0.pdf
  12. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
Categories
Campus Department of Education Due Process False Allegations Free Speech Gender Identity Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

WASHINGTON / January 12, 2023 – Title IX is the 50-year-old law that was enacted to stop sex discrimination in schools. But now, groups are attempting to use Title IX to promote a sweeping unconstitutional agenda with harmful effects on students, families, and on society.

Recent months have witnessed three attempts to make far-reaching changes to Title IX:

  1. In June, the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” muzzle free speech, and decimate due process (1).
  2. In September, 19 Democratic senators denounced the presumption of innocence in Title IX proceedings (2). The senators also called for an end to cross-examination, facilely ignoring a landmark Supreme Court decision that described cross-examination as the “‘greatest legal engine ever invented for the discovery of truth.” (3)
  3. In December, the Students’ Access to Freedom and Educational Rights (SAFER) Act was introduced in both chambers of Congress (4). The bill proposed to make sweeping changes to campus Title IX adjudication procedures — changes that are reminiscent of practices seen in the former Soviet Union (5).

The proposals would curtail constitutionally protected free speech and due process protections, eliminate fairness in women’s sports, promote gender transitioning among under-age students, marginalize the role of parents, and exact other harmful effects. Numerous lawmakers have spoken out in opposition to these proposed changes (6).

These changes recently were described by a leading policy organization as a “naked assault on civil rights.” (7)

In response to these and other worrisome developments, House Speaker Kevin McCarthy proposed a multi-point Commitment to America (8). Five of the principles pertain to the recent attempts to reinvent Title IX:

  1. Conduct rigorous oversight to rein in governmental abuse of power, such as an executive branch agency exceeding its legal authority by seeking to redefine the meaning of “sex” (9).
  2. Curb wasteful spending by government agencies, such as the Department of Education (10).
  3. Advance the Parents’ Bill of Rights (11).
  4. Defend fairness by ensuring that only women can compete in women’s sports (12).
  5. Uphold free speech guarantees and assure religious freedom (13).

SAVE urges members of Congress to move quickly to implement provisions of the Commitment to America and stop the Title IX take-over.

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  3. https://supreme.justia.com/cases/federal/us/399/149/
  4. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  5. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  6. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  7. https://www.jamesgmartin.center/2023/01/the-empress-wears-no-clothes/
  8. https://www.republicanleader.gov/commitment/
  9. https://spectator.org/administrative-redefine-gender/
  10. https://www2.ed.gov/about/overview/budget/budget23/justifications/z-ocr.pdf
  11. https://www.congress.gov/bill/117th-congress/house-bill/6056
  12. https://www.saveservices.org/2022-policy/network/womens-sports/
  13. https://www.saveservices.org/wp-content/uploads/2022/07/First-Liberty-Institute-Statement-on-Title-IX.pdf
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Uncategorized

The Istanbul Convention – Legislating for Internationally Ratified Misandry

The Istanbul Convention – Legislating for Internationally Ratified Misandry

‘In an astonishing example of 21st century newspeak, the IC also insisted that discriminatory measures should not be considered to be discrimination: “Special measures that are necessary to prevent and protect women from gender-based violence shall not be considered discrimination under the terms of this Convention”’

Sean Parker

January 12, 2023

I was living and working in Istanbul in 2011, and remember the commotion surrounding the Istanbul Convention – henceforth IC – being held in the city that year. The celebration was loudest among the progressive left, mostly the university-educated and expats, and what struck me at the time was how incongruous to have such a convention held in a city in the grip of strongman president Recep Tayyip Erdogan – not well-known for his support of women’s rights (or anyone else’s rights, for that matter).

A European landmark treaty supposedly to end violence against women, the IC entered into force on 1 August 2014. The IC recognised violence against women as a violation of human rights and a form of discrimination against women, and only women. It covered various forms of gender-based violence against women, which referred to violence directed against women because they are women, or violence being claimed to disproportionately affect them.

In 2021, original IC host country Turkey withdrew from the convention after denouncing it in March 2021. The convention ceased to be effective in Turkey on 1 July 2021, following its denunciation. The main complaints related to concern about the specific ‘gender ideology’, which they argued was in direct opposition to its constitution. Other countries have also not ratified the agreement.

The European Union signed but did not ratify. The UK signed the Istanbul Convention in 2012, but it quickly became apparent that the UK’s domestic laws were not appropriate to meeting its requirements, possibly being seen as counter-intuitive. In a report published in 2015, the UK parliament’s Joint Committee on Human Rights highlighted a number of issues that needed to be resolved.

The EU Charter of Human Rights is the foundation of the policies of the European Union, and of European society itself. However a review revealed that the IC in fact represented a historic threat to the human rights of Europeans. While at the time of its signing everything seemed ‘progressive’ enough, the fact was that the IC was based merely on a social theory which ascribed domestic violence to a power imbalance between men and women that arose from supposedly ‘patriarchal’ beliefs.

This model of domestic violence has been heavily criticised as a theory that is ideologically based, rather than empirically supported. Hundreds of research findings exist that undermine the exclusivity of the gendered perspective. In an astonishing example of 21st century Newspeak, the IC also insists that discriminatory measures should not be considered to be discrimination:

“Special measures that are necessary to prevent and protect women from gender-based violence shall not be considered discrimination under the terms of this Convention” (IC Article 4).

The IC regularly confuses the words ‘complainant’ and ‘victim’ in the manner of the mainstream media on a regular and increasing basis, thereby short-changing the defendant’s right to an impartial investigation and adjudication. There is a certain irony that a treaty that claims to advance human rights in fact serves to deny a person’s fundamental rights.

This conflation of these terms further extends the transatlantic ‘believe the victim’ policies at play throughout the 2010s and into the 2020s, only being brought to a (cultural at least) halt by the Johnny Depp-Amber Heard libel trial verdict – comprehensively finding in Depp’s favour. It was suddenly clear to the world why self-identified ‘victims’ should absolutely not automatically be believed. High profile cases such as this show how ratifying the Istanbul Convention, and its one-eyed view of allegations of domestic violence, would do nothing less than completely reverse recent positive progress in equality of the sexes.

Categories
Uncategorized

Director of Dutch Knowledge Institute for Emancipation Fired for Transgressive Behaviour

Director of Dutch Knowledge Institute for Emancipation Fired for Transgressive Behaviour

Robert van de Griend

Netherlands, Volkskrant News

30 December 2022

Kaouthar Darmoni has been fired as director of Atria, the Dutch knowledge institute for emancipation and women’s history in Amsterdam. She has seriously misbehaved in several areas, according to an external investigation by Hoffmann Bedrijfsrecherche, the conclusions of which are in the hands of de Volkskrant.

Library of Atria on the Vijzelstraat in Amsterdam. Image Joris van Gennip

Darmoni is said to have been guilty of “(sexual) transgressive and intimidating behavior” towards subordinates at Atria, a leading institute that has been committed to equal treatment of men and women since 1935. She is also said to have dealt with employees’ employment rights with ‘dishonesty’.

The conclusions, which are shared in an e-mail from the Supervisory Board of Atria with the (former) employees who participated in the Hoffmann investigation, are extra sensitive because Atria itself advises governments and companies on creating a safe working environment. and combating transgressive behaviour.

The findings also show that Darmoni, who had been a director at Atria since October 2019 and made frequent appearances in the media and the speaker circuit, manipulated the outcome of an employee satisfaction survey. She is said to have removed the “cries for help” expressed by almost half of the staff from the results and thus concealed them from the supervisory board.

In addition, Darmoni, who was born in Tunisia and studied in France, would have told untruths about her education and work experience. Hoffmann speaks of ‘deceit and/or error’.

Based on these conclusions, Atria’s supervisory board nullified Darmoni’s employment contract in early December.

‘Led around the garden’

The investigation into Darmoni was initiated in July after employees expressed their dissatisfaction with her to Atria’s confidential adviser. Since then, Darmoni has not been working, saying she was ill. In the e-mail about the findings of the Hoffmann investigation, which includes the complaints of 23 employees, the Supervisory Board (RvT) writes: can continue.” And: “Although the Supervisory Board was also fooled by Ms. Darmoni for many months and even from the outset, the Supervisory Board regrets that the supervisory system did not function properly on several occasions.”

Three former employees of Atria, with whom de Volkskrant spoke, who worked in different departments of the institute, endorse Hoffmann’s findings.

Independently of each other, they characterize Darmoni as ‘exhibitional’ and ‘uninhibited’. She is said to have seized the opportunity to undress herself on several occasions and to have stood “in her bra or her thong” on the work floor. She would also have kissed employees on the back of the head without being asked. The fact that Darmoni started the weekly meeting on Monday morning with belly dancing as standard – something she herself has said in interviews – was also seen as inappropriate by the former employees.

“We all had to participate in belly dancing,” says Nicky, who, like the two other former employees, only wants to be in the newspaper with a fictitious name for fear of reprisals. “Most of us hated that. Sometimes Kaouthar pressed her breasts or buttocks against you while dancing. If anyone said anything about her behavior, she would laugh at you squarely.”

Culture of fear

According to the former employees, who also shared their experiences with Darmoni with the Hoffmann researchers, there was a “culture of fear” among the dismissed director. Members of staff who criticized her substantive course or management style were systematically publicly insulted, bullied or put aside.

“If you fell out of favor with Kaouthar, you ended up before the tribunal,” says Charlie. “She would turn other colleagues against you or start yelling at you in front of everyone. We had a constant fear: who is going to be next?”

Ex-employee Sam says: “All the time I worked with Kaouthar I didn’t dare ask her a critical question.”

The former employees also say that under the responsibility of Darmoni, the Atria building was filled with cameras that recorded images and sound. Although this was presented as a measure to prevent theft by construction workers, in practice the cameras would also have been used to keep an eye on the staff. “We have been called to account several times about something that was observed through those cameras,” says Sam. “This has been repeatedly raised because it violates the privacy law. But nothing was ever done with it.”

Signals already in 2020

The departed employees are satisfied with the outcome of the Hoffmann investigation, but are also critical of the role of Atria’s supervisory board. They should have intervened much earlier, they think, because there had been signs for some time that Darmoni was displaying misconduct. “Our works council already sounded the alarm in 2020,” says Charlie.

The high turnover of staff at Atria should also have been an indication for the supervisory board, according to the former employees. In 2020 and 2021, a total of 34 people left, according to the institute’s annual reports, out of a workforce of about 33.

The three former employees with whom de Volkskrant spoke, criticize the fact that the supervisory board wants to give as little publicity as possible to Darmoni’s forced dismissal. In the e-mail about the findings of the Hoffmann investigation, the Supervisory Board writes that it is better to keep a low profile in the media. That would be ‘in [the] interest of Atria, the (former) employees and the Ministry of Education, Culture and Science as a subsidy provider’ and ‘to protect the victims of the transgressive behaviour’.

Nicky: ‘I understand that the Supervisory Board wants to safeguard the reputation of Atria and the subsidy from the Ministry of Education, Culture and Science (Education, Culture and Science, ed.). That is also important, because a lot of people are doing good work there. But if you keep Kaouthar’s misbehavior quiet, she will soon be in a high position somewhere else and making victims there too.”

Mediation

When asked, the Supervisory Board informs de Volkskrant that a mediation process with Darmoni had already been initiated prior to the Hoffmann investigation, after ‘serious reports’ had been received about her in December 2021. That trajectory would have been ‘aborted’ by Darmoni in February.

The Supervisory Board does not want to comment on other questions: “We are currently in the legal process. As long as this is still ongoing, Atria will not make any announcements about the matter due to due care, in the interest of all involved.

Kaouthar Darmoni tells de Volkskrant that she will challenge her dismissal in court. She calls the grounds for her forced departure “incorrect” and a “mix of fabrications”. She says she has not seen Hoffmann’s research report.

“I have seen the questions that the Hoffmann researchers have put to the Atria employees. This results in a completely incorrect picture. The opinion of employees who are positive and have objected to the insinuating question posed by the researchers has not been included.’

Furthermore, Darmoni does not want to respond to Hoffmann’s conclusions and the statements of the three former employees with whom de Volkskrant has spoken. “My focus is now completely on this summary proceedings.”

Partly due to her flamboyant appearance, her predilection for belly dancing and her openness about her sexuality, Darmoni has been a welcome guest in television programs, magazines and newspapers in recent years. In March of this year, she talked about her tendency to embrace female employees in an interview with Volkskrant Magazine: ‘Even before the pandemic broke out, I was sometimes warned: be careful with touching, it is transgressive behaviour. Some of the women at Atria found it a little scary at first, but then they loved it.”

Source: https://www.volkskrant.nl/nieuws-achtergrond/directeur-van-kennisinstituut-voor-emancipatie-ontslagen-wegens-grensoverschrijdend-gedrag~b633fe15/