The two women are still owed a proper apology

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This piece was originally published in the SWP’s pre-conference bulletin 1. It was of course heavily edited by the CC. Even with those changes, I think it is appropriate to republish it now, at a time when the detail of the cases is much more widely known within the party. On a second reading, some of the details here may take on added significance. In particular, I think it is important for comrades to be aware of the gracelessness and hostility with which the CC acted on the DC’s advice that it should make a (limited) apology to the second complainant

The SWP has suffered the worst year in the party’s history. We have had to have three conferences in one year, the numbers attending Marxism have fallen by half, and the party has suffered hundreds of resignations. Everywhere in the organisation, we see ageing and decay. If the SWP is to survive, we desperately need to change course.

The basis of survival is at least clear. First, there will need to be a significant change in our leadership: at the minimum it will need to involve the removal of the minority of our old CC who voted against the adoption of the second DC report and of Alex Callinicos, whose intervention at our January conference (“this is war”) set the party up for our last eight months of continuous internal conflict. A new set of comrades needs to emerge, not selected on the basis of how they voted in the last 8 months, but on whether they are capable of moral leadership and of playing a consensus role.

Second, at every level of the organisation, we need to break the culture of “following orders”. It was this mentality, that the next rank up of leadership is perfect, which led the first DC into repeated errors. How can you properly investigate a leadership you have been trained to think infallible? The purges which members of our outgoing CC have authorised in North London, Walthamstow, and Manchester must stop. The relationship between the CC and NC, and between each of them and the branches, needs to be reversed. Initiative has to be allowed to come from below.

Third, there needs to be a public and meaningful apology to the two women at the centre of the complaint. After our conference in January 2013, Charlie Kimber wrote to all members of the SWP saying, “We believe that both parties to the case should have their right to confidentiality and their right as members in good standing respected.”

Eight months later, no-one can pretend that the situation is still the same. The person about whom the first complaint was made (until 2013 a member of our Central Committee) has resigned from the party, and following a second complaint our disputes committee has found that he has a case to answer on a complaint of sexual harassment.  He is no longer a mere non-member of the SWP, and if he wanted to join the party, he would have to apply to join.

The phrase “case to answer” is itself curious. The former CC member resigned from the party in July 2013, just weeks before the DC that was due to hear complaints against him. A decision was taken, even before the DC investigation had begun, that the disputes procedure investigating the second complaint would be limited to the two options only of “case to answer” or “no case to answer”.

Where an employer investigates a complaint against a worker, or a grievance against a manager, or where a union investigates misconduct, or where a professional body investigates allegations of misconduct casting doubt on a worker’s fitness to conduct their profession, in the employment tribunal, or in the family or criminal courts – all of which investigate complaints of sexual harassment – an investigation is not halted halfway merely because the person subject to the complaint says “sorry, I won’t attend a hearing”. In all these other bodies, a decision maker investigates, and makes a decision as to what probably happened. In all of them, a wilful refusal to attend is taken as a small but significant sign of guilt.

Only in the police, where senior figures are allowed routinely to resign to forestall misconduct investigations, is there a culture of protecting senior figures by refusing to investigate fully when the senior figure resigns, and stopping a decision short of saying robustly, “yes, on the evidence before us, he did it”.

The DC recommended that the party apologise to the second complainant because her move to another place of work and to a more mundane job with less political content, caused her “unintended but nonetheless real hurt and distress”. Our outgoing CC waited a month before belatedly accepting the need to apologise in these terms. Its apology was partial and expressed its reservations with the DC report.

If the party wants to remove the terrible stain that has accumulated over the last three years, we will have to go further, and apologise properly and publicly to each of the two women.

In terms of the second complaint, the DC did not go far enough in suggesting that the party only needed to apologise for moving her but not for the sexual harassment which was what her complaint was about.

Following the most exhaustive investigation of which the party is capable, a two-day hearing in which a number of witnesses were heard and documents read, it was found that the former CC member had a case to answer for sexually harassing the complainant.

The period of time her complaint relates to is one when she worked for the party and he was our National Secretary, the person who appoints everyone else who works for the SWP. Part of her complaint was that it was his role as her employer which meant that she was required to keep on seeing him.

There could be no logic to justify saying: “We accept the complaint of sexual harassment has enough merit so that we can decide to place an obstacle on the former CC member rejoining the party, but we do not believe it has enough merit to oblige us to apologise to the woman concerned.”

In terms of the first complaint, the reasons for an apology are slightly different. Part of the need relates to our process of disputes procedure reform. In drawing up new procedures the party has accepted that our old rules were not good enough. But those were the rules under which her complaint was heard. If our old procedures need change; it must follow that the complainant has not had what we now consider a fair hearing.

There is another reason. In both complaints the women wanted an investigation of what they said was sexual conduct involving the same man. If the decisions had been heard in the reverse order, with the first complaint determined after the second, then by the time the first complaint had been heard we would have already decided that there was a case to answer on a complaint of sexual misconduct.

Anyone who has ever been involved in even the simplest kind of workplace investigation will know what this means. Where a company investigate a worker for two thefts or two assaults, and finds on one of them “case to answer”, the second hearing is inevitably more robust. The worker has to do so much more to be heard and believed where at first sight there appears to be a pattern of similar behaviour by him.

The same point applies with even more force in the courts, where what is called “similar fact” evidence is allowed in sexual cases – the similarity of the behaviour justifies placing an extra burden on a person to disprove the case against them.

For all these reasons, the part has a choice. The CC could say now to the first complainant, “We don’t know whether all your complaint was true, and in truth we will never have the complete answer. But we are serious about our politics, and if there is any possibility at all he did it, that is enough for us, we will apologise to you.”

Or, if that is a step that our outgoing CC will not take, the new report into the future of the DC recommends there should be an appeal process against the DC’s decisions. If this is the only way in which the party will allow proper findings about our former National Secretary, then so be it. To reclaim any scrap of authority, the party must revisit the first complaint – and, this time, investigate it fairly and properly.

You cannot re-build a party around an injustice. As part of the steps needed to bring the party’s crisis to a conclusion which we can explain to the outside world, the two women who made complaints each require a full, public apology.

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