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by Tyrannosaurs 4847 days ago
Sorry but the company were judge, jury and executor, not her.

If you report a crime to the police and as a result the person gets sent to prison did you send them to prison? Of course not.

She reported something that happened (which the person in question doesn't deny) - that's a reasonable thing to do.

The neutral party you ask for should then be the employer who can listen to both sides of the story and work out the appropriate way forward. If they felt there was damage to their reputation it feels a public apology from both the individual and the company, plus possibly some sort of corrective training seems more than enough.

Instead, based on what I've read the employer has over reacted and that balance didn't happen, but you can't blame that on the person reporting the event.

Yes it's utterly shitty that he lost his job over this and it really shouldn't have happened but it's not fair to lay it at her door in this way.

4 comments

No, if I witness a scene on the road, take a picture and post it online, then I'm judge, jury and executor. I might be right or might be wrong in my assertion that a crime has happened - but that's not for me to decide. If due to me posting said picture somebody looses his job or gets into any kind of trouble with a lynch mob, that's the consequence of my actions. And if I'm wrong, or overreacted in the course of me prosecuting a perceived crime, then I'm at fault (and potentially liable).

Now, if I take said picture and hand it to the police, they investigate, then I've done the right thing: The justice system gets to work and the decision about the appropriate punishment is made by a neutral party in due process. This is how we handle things since we've become a civilized society.

Don't get me wrong: The OP may be right and the guys made inappropriate jokes - but she's at least partially wrong as well. She didn't give them any chance to hear their side, maybe clear up any misunderstanding - instead she called for the lynch mob. That's the point I'm criticizing. The way I see it is that she's to blame as well. It's a pity since she's right in what she wanted to achieve, but her means didn't justify that goal.

So once the information is public the person who publishes it responsible for any and all consequences resulting (even if what he or she posts is factual)?

I agree that it wasn't the best way to handle it (at least publishing the photo wasn't, I'm fine with the rest) but that's different to being held responsible for all actions that follow.

The person in question has responsibility for what they did, the company has responsibility for what they did. There are many points during this whole process where the chain can be broken, not just one.

The person who publishes does not bear all blame - every actor gets his own share for his own decisions. However, the contrary is not true either - the fact that other actors made their own decisions does not absolve the person who publishes from all responsibility. So yes, for her own actions, for publishing the picture, she shares the blame. She chose the nuclear option and decided to judge.
I accept that she has to take her share of the blame doesn't make her judge, jury and executioner.

The company had plenty of other options about how they handled it and firing was in no way a foregone conclusion.

As an aside it is another reminder that we now live in an age where we may all be held to account for things that would otherwise have passed largely unnoticed. There needs to be adjustment on all sides - we all need to start acting in ways we'd be happy to be publicised, we all need to be aware that publicising others behaviour might have wider consequences than we'd initially anticipate, and we all also need to be a little more balanced in our judgement when it comes to behaviour which might be closer to an isolated incident than representative of something more.

So, let me ask you: What's your opinion in this case?

http://www.wired.com/dangerroom/2012/12/newtown-shooter-face...

And if it's different than the one stated so far, why?

in uk, yes... consider recent case of ex politician being wrongly accused of being paedophile by influential twitter users... they are now getting sued. even those that merely retweeted... there is no defensce to claim it was public knowledge already. it was untrue and damaging
> Sorry but the company were judge, jury and executor, not her.

What would you do in this day if you were a company? No one wants to be dealing with a potential major sexual harassment case ever. This country is based on such limited knowledge of how to communicate with one another, it is upsetting. This post upsets me because she just sounds like a typical American person in that she used others to attack someone, rather than talking to him. Judging by his response, he was not some crazy college kid with aggression problems that would have physically attacked her.

The tech community is not perfect, but I think people in tech are far more open to talking through things than any other spots. SF especially. Maybe these people are not from the bay area,.. I don't know.

This doesn't feel like it's a major sexual harassment case in the making but if it is then the damage has already been done and sacking someone can't remove that liability.

I hope I'd also look at the cost and difficulty of recruiting decent developers, the opportunity to possibly salvage the PR situation (which I think a constructive approach might get us, unlike sacking someone) and the fact that there seems to be genuine remorse and that the individual in question seems like a reasonable guy who did an unreasonable thing rather than some arsehole.

I think you underestimate how much "That person has been let go for their misconduct" does to ease PR issues.
Thing is, due to (mostly righteous) backlash, companies are running shit-scared. If you associate a company with something that could even be remotely construed as sexist (despite in this instance it not being), they will do everything in their power to distance themselves from it.
Your analogy is terrible.

The police here would be the pycon would acted responsibly and dealt with the issue accordingly.

But the report was not towards the police but towards a potential mob of vigilantes, namely the internet at large and an opinionated group of followers which would probably be outraged by the way the report was crafted.

It would be closer to printing hundreds of tracts and poster and posting them in the neighborhood and distributing them to concerned people hoping someone from law enforcement would see them than reporting to the police.

The employer is all but neutral in this issue, the neutral party is obviously the PyCon staff and they did their part as expected from reasonable and sound responsible people, respecting the privacy of everybody involved.

I wonder how you can not see how her actions lead to his demise.