Seanan McGuire (seanan_mcguire) wrote,
Seanan McGuire
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Guest post: How To Report Sexual Harassment.

My friend Elise Matthesen asked me to post this; the words below are hers. I agreed because this is important information for every member of our community to be aware of.

Because this is a guest post, I will be watching the comments carefully for signs of incivility, but will not be responding to all comments.

Thank you for reading.

ETA: The contact list mentioned below is at http://www.jimchines.com/2012/07/reporting-sexual-harassment-in-sff-2/

***

How To Report Sexual Harassment, by Elise Matthesen.

We're geeks. We learn things and share, right? Well, this year at WisCon I learned firsthand how to report sexual harassment. In case you ever need or want to know, here's what I learned and how it went.

Two editors I knew were throwing a book release party on Friday night at the convention. I was there, standing around with a drink talking about Babylon 5, the work of China Mieville, and Marxist theories of labor (like you do) when an editor from a different house joined the conversation briefly and decided to do the thing that I reported. A minute or two after he left, one of the hosts came over to check on me. I was lucky: my host was alert and aware. On hearing what had happened, he gave me the name of a mandated reporter at the company the harasser was representing at the convention.

The mandated reporter was respectful and professional. Even though I knew them, reporting this stuff is scary, especially about someone who's been with a company for a long time, so I was really glad to be listened to. Since the incident happened during Memorial Day weekend, I was told Human Resources would follow up with me on Tuesday.

There was most of a convention between then and Tuesday, and I didn't like the thought of more of this nonsense (there's a polite word for it!) happening, so I went and found a convention Safety staffer. He asked me right away whether I was okay and whether I wanted someone with me while we talked or would rather speak privately. A friend was nearby, a previous Guest of Honor at the convention, and I asked her to stay for the conversation. The Safety person asked whether I'd like to make a formal report. I told him, "I'd just like to tell you what happened informally, I guess, while I figure out what I want to do."

It may seem odd to hesitate to make a formal report to a convention when one has just called somebody's employer and begun the process of formally reporting there, but that's how it was. I think I was a little bit in shock. (I kept shaking my head and thinking, "Dude, seriously??") So the Safety person closed his notebook and listened attentively. Partway through my account, I said, "Okay, open your notebook, because yeah, this should be official." Thus began the formal report to the convention. We listed what had happened, when and where, the names of other people who were there when it happened, and so forth. The Safety person told me he would be taking the report up to the next level, checked again to see whether I was okay, and then went.

I had been nervous about doing it, even though the Safety person and the friend sitting with us were people I have known for years. Sitting there, I tried to imagine how nervous I would have been if I were twenty-some years old and at my first convention. What if I were just starting out and had been hoping to show a manuscript to that editor? Would I have thought this kind of behavior was business as usual? What if I were afraid that person would blacklist me if I didn't make nice and go along with it? If I had been less experienced, less surrounded by people I could call on for strength and encouragement, would I have been able to report it at all?

Well, I actually know the answer to that one: I wouldn't have. I know this because I did not report it when it happened to me in my twenties. I didn't report it when it happened to me in my forties either. There are lots of reasons people might not report things, and I'm not going to tell someone they're wrong for choosing not to report. What I intend to do by writing this is to give some kind of road map to someone who is considering reporting. We're geeks, right? Learning something and sharing is what we do.

So I reported it to the convention. Somewhere in there they asked, "Shall we use your name?" I thought for a millisecond and said, "Oh, hell yes."

This is an important thing. A formal report has a name attached. More about this later.

The Safety team kept checking in with me. The coordinators of the convention were promptly involved. Someone told me that since it was the first report, the editor would not be asked to leave the convention. I was surprised it was the first report, but hey, if it was and if that's the process, follow the process. They told me they had instructed him to keep away from me for the rest of the convention. I thanked them.

Starting on Tuesday, the HR department of his company got in touch with me. They too were respectful and took the incident very seriously. Again I described what, where and when, and who had been present for the incident and aftermath. They asked me if I was making a formal report and wanted my name used. Again I said, "Hell, yes."

Both HR and Legal were in touch with me over the following weeks. HR called and emailed enough times that my husband started calling them "your good friends at HR." They also followed through on checking with the other people, and did so with a promptness that was good to see.

Although their behavior was professional and respectful, I was stunned when I found out that mine was the first formal report filed there as well. From various discussions in person and online, I knew for certain that I was not the only one to have reported inappropriate behavior by this person to his employer. It turned out that the previous reports had been made confidentially and not through HR and Legal. Therefore my report was the first one, because it was the first one that had ever been formally recorded.

Corporations (and conventions with formal procedures) live and die by the written word. "Records, or it didn't happen" is how it works, at least as far as doing anything official about it. So here I was, and here we all were, with a situation where this had definitely happened before, but which we had to treat as if it were the first time -- because for formal purposes, it was.

I asked whether people who had originally made confidential reports could go ahead and file formal ones now. There was a bit of confusion around an erroneous answer by someone in another department, but then the person at Legal clearly said that "the past is past" is not an accurate summation of company policy, and that she (and all the other people listed in the company's publically-available code of conduct) would definitely accept formal reports regardless of whether the behavior took place last week or last year.

If you choose to report, I hope this writing is useful to you. If you're new to the genre, please be assured that sexual harassment is NOT acceptable business-as-usual. I have had numerous editors tell me that reporting harassment will NOT get you blacklisted, that they WANT the bad apples reported and dealt with, and that this is very important to them, because this kind of thing is bad for everyone and is not okay. The thing is, though, that I'm fifty-two years old, familiar with the field and the world of conventions, moderately well known to many professionals in the field, and relatively well-liked. I've got a lot of social credit. And yet even I was nervous and a little in shock when faced with deciding whether or not to report what happened. Even I was thinking, "Oh, God, do I have to? What if this gets really ugly?"

But every time I got that scared feeling in my guts and the sensation of having a target between my shoulder blades, I thought, "How much worse would this be if I were inexperienced, if I were new to the field, if I were a lot younger?" A thousand times worse. So I took a deep breath and squared my shoulders and said, "Hell, yes, use my name." And while it's scary to write this now, and while various people are worried that parts of the Internet may fall on my head, I'm going to share the knowledge -- because I'm a geek, and that's what we do.

So if you need to report this stuff, the following things may make it easier to do so. Not easy, because I don't think it's gotten anywhere near easy, but they'll probably help.

NOTES: As soon as you can, make notes on the following:

- what happened
- when it happened and where
- who else was present (if anyone)
- any other possibly useful information

And take notes as you go through the process of reporting: write down who you talk with in the organization to which you are reporting, and when.

ALLIES: Line up your support team. When you report an incident of sexual harassment to a convention, it is fine to take a friend with you. A friend can keep you company while you make a report to a company by phone or in email. Some allies can help by hanging out with you at convention programming or parties or events, ready to be a buffer in case of unfortunate events -- or by just reminding you to eat, if you're too stressed to remember. If you're in shock, please try to tell your allies this, and ask for help if you can.

NAVIGATION: If there are procedures in place, what are they? Where do you start to make a report and how? (Finding out might be a job to outsource to allies.) Some companies have current codes of conduct posted on line with contact information for people to report harassment to. Jim Hines posted a list of contacts at various companies a while ago. Conventions should have a safety team listed in the program book. Know the difference between formal reports and informal reports. Ask what happens next with your report, and whether there will be a formal record of it, or whether it will result in a supervisor telling the person "Don't do that," but will be confidential and will not be counted formally.

REPORTING FORMALLY: This is a particularly important point. Serial harassers can get any number of little talking-to's and still have a clear record, which means HR and Legal can't make any disciplinary action stick when formal reports do finally get made. This is the sort of thing that can get companies really bad reputations, and the ongoing behavior hurts everybody in the field. It is particularly poisonous if the inappropriate behavior is consistently directed toward people over whom the harasser has some kind of real or perceived power: an aspiring writer may hesitate to report an editor, for instance, due to fear of economic harm or reprisal.

STAY SAFE: You get to choose what to do, because you're the only one who knows your situation and what risks you will and won't take. If not reporting is what you need to do, that's what you get to do, and if anybody gives you trouble about making that choice to stay safe, you can sic me on them. Me, I've had a bunch of conversations with my husband, and I've had a bunch of conversations with other people, and I hate the fact that I'm scared that there might be legal wrangling (from the person I'd name, not the convention or his employer) if I name names. But after all those conversations, I'm not going to. Instead, I'm writing the most important part, about how to report this, and make it work, which is so much bigger than one person's distasteful experience.
Tags: be excellent to one another, contemplation, stay safe
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all I have to say is thank you.
I'm sorry for what has happened, but I appreciate the fact you took the time to write all this out and share it.
As ugly as the situation is that inspired it, this article/post/thing is terrific. I applaud Ms. Mattheson for going into so much detail about the process of reporting. I feel it's one aspect of the whole harassment deal that doesn't get talked about as much--I mean, okay, people are encouraged to report incidents, but I haven't seen anything like this, that walks you through the process, what to expect, what to write down, what to say, etc. An excellent "road map," as she put it.
Thank you to both of you for writing and posting this, and darnit, I wish we lived in a world where there was no cause for such things to be said because these sorts of things didn't HAPPEN.
Ms. Matthesen, thank you so, so much for being brave for yourself, and also for us, in taking action, and also showing us how to take action as well. Thanks also to Ms. McGuire for helping boost the signal. This has me a bit freaked out, but also heartened, too.
Remember, you have the right to say "no.". You have the right to insist on "no". If he (or she) doesn't seem to understand "no" you have the right to bring the full weight of the law down on them. If others can't or won't understand this, that is their problem and not yours.
Seanan and Elise, thank you for this post.

I note that the traffic to read Readercon's new Code of Conduct, Policies, and Procedures has significantly increased today. It is my fervent hope that we will be doing better.
Thanks for telling your story and making information availble.

And thanks Seanan for getting the message out.
I know the procedure for reporting sexual harassment and taking a sexual harassment report, since it was part of my job to handle the initial reports while I was a supervisor in a medium size city's bureaucracy.

Reading down the posts of comments on this article I noticed that it is considered to be a permanent record if you make a Formal report. In the only formal report that was taken at my supervisory level during the 15 years I was a supervisor the accused had a pattern of sexual harassment, against multiple individuals, but no formal report had been made previously about this individual. The supervisor who took the report was an honest person who was aware of the past offenses of this individual that had been reported unofficially, and had discussed the offensive behavior with the offender. In each case, the offender stated that they would cease and desist and later escalated their behavior. The supervisor fought hard to keep the original formal report, but was informed that the options were, "destroy the original or lose your job".

Unfortunately, the individual who was the harasser had a close relative who was on the city council. Eventually the report was expunged from all the departments it had been passed on to including HR. Additionally the person who was the supervisor who took the report was ordered to destroy the only copy they had and not make any copies. The employee who was the harasser went on to retire from that city after 30 years. The department head who was the one who ordered that record destroyed also retired and went on to another, larger organization which they still head.

The moral of the story is: If you ever file a report, take a friend or other person in the organization, or even better someone outside the organization, with you to the interview so that you have a witness as to what transpired. Demand a copy of the official record to keep in your personal records somewhere other than the office or place you work. Make those copies of the official report or the report taker's notes "On The Spot". Demand they copy them right there without removing them from the room, or go with them with your witness to make the copies. That way no changes or destruction of the report can be made later without that destruction or alteration being discovered and countered. Take notes while you are being interviewed as to what was said, what was reported, who you reported to and who the report or report copies are going to be passed on to and keep them, preferably multiple copies in multiple places.

The situation can get more involved than telling the person to stop harassing people and getting a response from them that they will stop. They might not stop, or they might escalate their behavior, as happened in this case. Someone who can corroborate your testimony in court, if it comes to that, is important to your credibility. HR and the person who took the original report can be told to "forget" that a report was ever made if the organization has individuals who are corruptible, corrupt, or fear for their job.

I am not being paranoid, I have simply seen what can happen in a supposedly enlightened organization with a written official policy of "no tolerance of sexual harassment, racial, gender, religious, or sexual orientation discrimination" lead by a "politically sensitive" manager/department head.

Bork
That's depressing but helpful.
Much love and admiration (and anger on your behalf) from me, Lioness Dear.
thank you for sharing this. I hope that many people learn from your experience and are willing to navigate the process, for themselves, and the future people that might be harassed by that person
User ladypoetess referenced to your post from Teach young women in sf/f that they CAN protest saying: [...] Seanan McGuire [...]
I'm going to my first true conference in a couple of weeks; they have a stated sexual harassment policy, but since this is my first time, really (well, I've been to Dragon*Con, but this is a professional development conference) it didn't occur to me o really look beyond that.

Now, I know that I need to track down my contacts just in case. Better to be armed with the information and not need it than for something to happen and me be left with no idea who to go to. I'm a lone female traveling across the country. Granted, I'll be with male coworkers I trust, but I won't be with them ALL the time, and I can't rely on their presence to protect me.
User supergee referenced to your post from Signal boost saying: [...] Reporting sexual harassment [...]
I hope this is appropriate to post here (a signal boost within the signal boost). Ursula Vernon has a current entry on a similar topic: handling harassment when you're a witness, not a victim.

http://ursulav.livejournal.com/1544668.html
User bunsen_h referenced to your post from Not getting it. Not getting any [of it]. saying: [...] i.e. an obsessive stalker? See also: Elise Matthesen's post on how to report sexual harassment [...]
Thank you both for sharing, this was both informative and well-written and I appreciate having the knowledge.
I don't know if Ms. Matthesen is reading the comments on this (don't blame her if she isn't), but I applaud her bravery in reporting this all the way. Way to stand up and be heard.
User badger2305 referenced to your post from Harassment at SF Conventions saying: [...] g, I discovered the following blog entries: http://seanan-mcguire. livejournal.com/517984.html [...]
Jim Frenkel was my editor at Forge and I am really shocked to hear about this, and note that he is no longer at Tor/Forge. This will probably result in my third book not being published by Forge but I just wanted to commend Elise for speaking out, for formally reporting this. Years ago I worked at a place where most of the women were sexually harassed by one of the managers. I didn't know about it because I worked in a totally different area and had no dealings with this manager. I learned about it when a few of them got together to report the harassment to the Board of Directors. When I heard about it, I supported them all the way. The Board decided to back the manager and fired all the women who filed complaints (Some filed lawsuits afterwards, but I don't know what happened, probably settled). I quit that job two weeks later, had a few months of tough times but couldn't work in a place like that. So I again commend Elise for what she did, it sounded difficult but she did it. She deserve our praise and respect.
Thank you for standing up for yourself and by extension everyone else who finds themselves in this difficult, unfair situation. I hope it all gets resolved and your words inspire others to report their experiences (again, as you say, not only as geeks, but writers, that is what we do.) I hope also that this sends a message to those who think certain behaviors are acceptable or at least passable that it ends now, and is neither acceptable, nor passable. For here there be consequences.
User elisem referenced to your post from really honored saying: [...] report [...]
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