In Defence of Due Process

Especially in the light of what is happening in the US right now, I would like to make a plea: protect due process at any cost.
If there is something wrong at your workplace, call it out, but do it the right way. Process, not pitchforks.

By Claire Graf, UCUE Casework Coordinator

We (sadly) live in a time where facts and evidence no longer matter; the all-powerful narrative has taken over. I don't even have to link examples here, because you are all familiar with the situation in the US right now. It's pretty easy to understand why. Stories are emotionally engaging. Stories are powerful. Facts are dry and boring, and worst case you have to do math (shock!) or something. A story that plays with your emotions, latches onto your own fears, dreams, hopes and lived experiences is much easier to connect to. We even go after stories in our free time. Novels, movies, the newest Netflix series. Humans love narratives. 

A good story always trumps facts (see what I did there?)

Since the power of the narrative is truly beyond measure, let me use my Lit degree for something good, and tell you a story.

Let me tell you about Charlie. He worked in his department, was kind to his colleagues, and was supportive of his students. All was well. Until his colleague Mary noticed a pattern. Whenever she needed someone from the team to cover, Charlie would say no. Mary quickly came up with a reason for this: surely, as a man, he must think that covering for a female colleague was beneath him and this needed to be called out! Everyone in the department needed to know this. And so Mary went and told anyone who was willing to listen, as well as a few who weren't willing. Needless to say, several colleagues, who heard the story and had no reason not to believe Mary, went to HR and demanded an investigation into Charlie's performance and conduct towards women. The latter sounded suspicious and the HR was new, so just to be on the safe side, misconduct was alleged.

When Charlie was informed of the investigation against him, it was  a shock. So much so that  it landed him in A&E and off sick for months.

Now, what was the actual  reason he never picked anything up on short notice? It turns out that Charlie is disabled and his condition needs to be carefully managed. He arranges his whole day, hour by hour, around times when he has to take medication and times when he's in so much agony he lies down next to the desk for a bit.
When this finally comes out in the investigation report Mary is shocked and in tears. "I would never have ever done any of that had I known he's disabled."

That may be true, but Charlie had a right to privacy, to dignity and respect, didn't he? A right that his medical data is protected and not shared with all his colleagues.

Does this make Mary a bad person? No. She wasn't malicious. She didn't mean to land an innocent man in A&E. She just wanted to call out something that she perceived as unfair. Because as a woman in a misogynist society, she had seen this many times before. She may have had really good intentions: protecting younger women in the department, championing equality. But at the end of the day, Charlie came out of this a broken man, and it didn't really matter how he ended up in A&E for him anymore.

Is this a story that really happened?

No. Because I am bound by confidentiality and ever will be. Charlie didn't exist.

Then why did I tell you the story?

Because Charlie exists. Their name was never Charlie.
Charlie had many names. Charlie had different genders. Charlie worked in every corner of the university.
Charlie has been an academic and a member of professional services. Charlie's been every grade from 4 to 10.
Charlie has been White and Black, disabled and not, LGBT+, a parent, a carer, a migrant and a Scot.

And Charlie has always been innocent and lost their health, and sometimes career, over nothing.

And I know this because I have sat with Charlie, I have spoken to Charlie in the middle of the night to talk  them off the ledge, literally or metaphorically. I have fought tooth and nail for Charlie, and I will do it again. And every month, there is at least one new Charlie in my inbox.

And tomorrow, Charlie could be you.
This is not a threat, it's a fact. Remember, Charlie was innocent.

Now, what can we do better?

1. Due Process

(Frankenstein, one of the best books ever written, and in the end also a story about how bias and assumptions kill)

Insist on doing things by the book. There is a process -  use it. Are UoE processes perfect? ****, no. I am the first person who will scream that from the rooftops! I and half a dozen officers from all three campus unions work very hard on changing what is wrong, writing what is missing and scratching out what is bad.
But our processes are actually not horrible, and they work most of the time. And when they don't you call the Ghostbu... a caseworker. And then it works. That's what we do.

By all means raise issues and point out where things are not right, not fair, not equitable, not okay. But do it the right way.

Don't break out pitchforks and torches. Not only does that not work, not only can it lead to formal action against you[1], there's also a huge chance that you are breaking an innocent person. Two wrongs don't make a right.

2. Be the firewall

There is immense power in stepping out of the situation. If you feel you can't confront the person, at least don't be a part of it.
That step alone can help to preserve a vulnerable person's dignity.

3. We don't do that here

If you are in a position of privilege (higher grade, permanent contract, etc) use your privilege and live the culture you want to see.

If someone is behaving in a way that goes against your department's culture, tell them that "we don't do that here".
Here is a brilliant blog post about the topic.

Make clear that some things are not up for debate:

Other people's dignity and respect.
Other people's humanity and basic human rights.
Other people's private data and struggles.

Don't talk about other people in a way that you don't want to be spoken about.

Example:
"The new admin we hired is really bitchy. Just to let you know..."
"We don't talk about colleagues like that. If they have behaved inappropriately towards you, please raise it with your line manager or HR."
"Well, I just wanted to warn you..."
"Okay, but we don't do that here."

Why am I asking you for help?

Because I have felt with every single Charlie and their pain was unnecessary. And it hurt to see it.
But mostly because I believe we all want to be treated with Dignity and Respect. And it takes a village to change the village's culture.
At 15k staff and 45k students we are more of a small town. But we are still the only ones who can change the culture around here.

Let's build the Uni we want to work in. Together.

[1] Yes, really. You are technically breaching the Dignity and Respect policy and depending on what rumour you spread, it can end up in court.