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Feminism: Sex and gender discussions

Almut Gadow v Open University (again)

239 replies

Signalbox · 18/08/2023 11:20

Obviously I can't link to the crowdfund but this is the text and google is your friend :)

My name is Almut Gadow. For almost 10 years, I taught law at the Open University. I was dismissed for questioning new requirements to indoctrinate students in gender identity theory, in ways which, I felt, distorted equality law and normalised child sexual exploitation.
I am bringing an employment tribunal claim arguing that I was harassed, discriminated against, and unfairly dismissed because I reject gender ideology and believe in academic freedom, and that this breached human rights protections for academic free expression.
Who am I?
I grew up in a family of thought criminals. My grandfather was an undergraduate when the Nazis cleansed academia of wrongthinkers and their ideas. Rather than continue at an ideologically compliant university, he completed his studies at an illicit underground institution. He was then repeatedly tried for speech crimes and eventually sentenced to death by hanging ‘for destructive behaviour through statements in sermons and in dealing with [Nazi] party material’.
I see free speech as a distinguishing feature between democracy and totalitarianism, not a battleground between left and right. My family has seen both German dictatorships, the fascist and the socialist, right and left, suppress speech and purge academia of dissent and dissenters. I hope my daughter can one day go to a university that does not eliminate wrongthink(ers).
My story
In 2021/22 the Open University’s Equality, Diversity and Inclusion department announced plans to incorporate its political ideologies into ‘all current curriculum’. The law degree on which I taught was redesigned around a ‘core theme’ of ‘liberating the curriculum’, reflecting these ideologies.
Criminal law tutors were told that, to ‘liberate the curriculum’, our classes now had to introduce diverse gender identities and teach students to use offenders’ preferred pronouns. I questioned if incorporating gender identity theory might be an unnecessary distraction or even unwise. I described gender theory as hotly contested, and as recently developed in wealthy Western countries. I pointed out that (not) believing in gender identity is a protected religious or philosophical belief under the Equality Act 2010, and said law tutorials are no place to promote one's beliefs.
I also highlighted some of the implications of describing offenders according to self-identified gender in our work. I said a criminal lawyer’s role is to present facts, that sex is a relevant fact for offences involving perpetrators’ and/or victims’ bodies, and that no offender should be allowed to dictate the language of his case in a way which masks relevant facts. I said an assailant’s language about himself and his offence should not automatically be adopted over his victim’s, and that lawyers and courts sometimes need to describe offenders in terms with which the latter might not agree – calling the innocent-identifying perpetrator ‘guilty’, or the trans-identifying male ‘he’.
When I raised these questions, in an online forum for law tutors to discuss what they teach, management had no answers. Months later, they were cited as reasons for my dismissal. Managers spuriously alleged that my ‘unreasonable questions’ had created an environment which ‘isn’t inclusive, trans-friendly or respectful’, thus violating the transgender staff policy and codes of conduct. In fact, I had broken no lawful rule by probing the academic soundness of what I was expected to teach.
I further incurred the wrath of the curriculum liberators when I asked them to define their key concepts such as ‘LGBTQ+’. It had become apparent to me that some treated ‘minor attraction’ (i.e. paedophilia) as part of the ‘diverse sexualities and gender identities’ Open University law teaching now seeks to ‘centre’. The criminal law module culminated in an assignment in which students had to discuss a relationship between an adult and a minor. Students would gain marks by describing child and adult as each other’s ‘boyfriends’, but lose marks if they considered whether the adult was grooming the child or committing a sexual offence.
My request for clarification was spuriously described as further misconduct. Curriculum liberators complained that it had made them feel undermined, harassed, bullied and reputationally damaged. In fact, asking colleagues to explain core concepts of their output is just part of everyday academic work, but curriculum liberators were unable to do so here.
My legal case
Assisted at no cost by the Free Speech Union, I am launching a legal claim in the Employment Tribunal. I am arguing that I have been unfairly dismissed, harassed, and discriminated against because I reject gender ideology and believe in academic freedom. My case raises complex points of human rights, academic freedom, free expression and equality law.
‘Academic free expression’ is at the heart of my tribunal case. This concept, set out in a string of judgments of the European Court of Human Rights, encapsulates how article 10 of the European Convention on Human Rights protects academic freedom – not least by prohibiting universities from penalising academics for questioning our institutions or curricula. UK courts have yet to properly consider ECtHR case law on academic free expression. In seeking judicial guidance on this from an English employment tribunal, my case can hopefully entrench these protections in domestic law.
I will also argue that valuing academic freedom is, in itself, a protected belief under the Equality Act. Establishing this in law could protect many other academics whose careers are threatened by the rising tide of intolerance on UK campuses.
Why I need your help
I am crowdfunding to support my employment tribunal claim against the Open University. Akua Reindorf KC, whose name has become almost synonymous with her ground-breaking work on the academic freedom of gender critical academics, will represent me in the tribunal. However, a legal challenge of this type requires an enormous amount of work, which needs to be funded.
The likely total cost of funding this claim up to trial will be around £250,000. Rather than raise the full amount now, I will ‘stretch’ the target as the claim proceeds. This will allow me to provide accurate cost estimates, and will avoid raising more money than I need in order to fund the claim.
Although litigation can be unpredictable, I plan to raise funds at three milestones:

  • Milestone one: £70,000 to cover the cost of the preliminary hearing, disclosure of documents and preparation of a trial bundle.
  • Milestone two: £90,000 covering the drafting of witness statements, potential applications to the Tribunal and for contingency costs in the run-up to trial.
  • Milestone three: £90,000 for the cost of trial including preparation.
All figures include VAT and estimated counsel’s fees. Once the initial target is met, funds raised will be transferred to the Free Speech Union which will hold the money in trust for the payment of fees as they arise. Any unused funds will be returned to CrowdJustice in accordance with its terms. I will update this page throughout to inform you of the progress of my case. If you can, please consider donating, or sharing this page.
OP posts:
Thread gallery
18
ColinTheGenderMinotaur · 31/08/2023 14:10

Don’t worry Almut we already noticed the plot holes in that poster’s narrative!

Perhaps you will be able to be more candid re: your side of various stories after the tribunal is over? I hope so.

AlmutGadow · 31/08/2023 13:55

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

AdultFemaleMorningsider · 31/08/2023 13:48

Almut, you have legal advice now, right? I think you should ask for and follow advice on how to interact with people on this forum and elsewhere, in order not to damage your case and give a negative impression of your judgement to people who have supported your case and might do so in future.

AlmutGadow · 31/08/2023 13:37

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

FeedMeFood · 31/08/2023 13:28

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Why did you think it was appropriate to use this person's name?
She didn't name herself and you could have responded to her accusations without doing so.

Do you not have a responsibility (ethical and legal) as her previous tutor to maintain confidentiality?

AlmutGadow · 31/08/2023 11:54

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AlmutGadow · 31/08/2023 10:02

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Signalbox · 29/08/2023 21:20

WalterHWhite · 29/08/2023 20:08

@Signalbox I hope it’s not rude to @ you but wanted to ask something about this. Hope that’s ok.
My DD is doing this degree and one of the modules is Law, Society and Culture. Having read the course details, it has gender ideology ‘stuff’ in it. Would this be a worry to anyone?

I’m a newish lurker here and am slowly (but surely) being educated on this dangerous nonsense. I haven’t had the courage to post anything- you’re all so much more coherent than I am! Nothing is wasted though. I’m learning so much. I just think this module may cause a problem as she’s very much like me.

What do you think?

I honestly don't know I'm afraid. I studied with the OU between 2008 and 2013 and I studied (mostly) humanities with one law module. None of my modules had gender related content even where we studied feminism it was pretty 2nd wave. I suspect things are quite different now. As an undergraduate I imagine you can probably avoid problems just by keeping quiet about what you actually think but it's a sad state of affairs when students are forced to censor their thoughts and language. Almut's case might shed some light on how bad things are. See also Jo Phoenix and Pilgrim Tucker who also have discrimination cases against the Open Uni.

OP posts:
WalterHWhite · 29/08/2023 20:08

@Signalbox I hope it’s not rude to @ you but wanted to ask something about this. Hope that’s ok.
My DD is doing this degree and one of the modules is Law, Society and Culture. Having read the course details, it has gender ideology ‘stuff’ in it. Would this be a worry to anyone?

I’m a newish lurker here and am slowly (but surely) being educated on this dangerous nonsense. I haven’t had the courage to post anything- you’re all so much more coherent than I am! Nothing is wasted though. I’m learning so much. I just think this module may cause a problem as she’s very much like me.

What do you think?

borntobequiet · 24/08/2023 08:34

What I found disrespectful was the fact that knowing she was about to go on strike, she did not get her marking done in the required time before the strike started.

Regardless of marking timescales, I think you misunderstand the purpose of going on strike.

burnoutbabe · 23/08/2023 12:03

i have said i'd be thrown if pronouns were used such as They in a case study, as it may be unclear who it refererd to and whether 1 person or 2 people were involved.

And if there was a rape case and they referred to the defandant as She i'd be wondering if i had to talk about penile rape or assume it was a legal rape under joint enterprise laws which females can be accused of.

So there needs to be no confusion as to facts in an exam scenario.

But, the people in the scenario can be a gay couple without any issues or people with different (non-english) names - (assuming the sex of the person makes no difference to the crime and i can just refer to the person as NAME if i am not sure if its she or he. Most times the charcahters were "people from eastenders" or "top gear" - the fun was working out who the lecturer was using as his reference point.

(if the crime was say fraud on someone called trans person X and referred to them as she, then i'd use she - but the trans bit wouldn't create any legal difference to discuss, just some colouring to the question)

OldCrone · 23/08/2023 11:38

There's always someone who appears on these threads to tell women not to spend money supporting legal cases. They never have compelling arguments.

They've also managed to derail this thread into a discussion about the contents of the assessment which was only mentioned almost as a postscript to the main issues of the case. A document which none of us have seen. The only people who have seen this (or claim to have) are those who for reasons of their own don't want us to support this case.

But this assessment isn't the main issue here. I'll repost what this case is really about from the OP.

In 2021/22 the Open University’s Equality, Diversity and Inclusion department announced plans to incorporate its political ideologies into ‘all current curriculum’. The law degree on which I taught was redesigned around a ‘core theme’ of ‘liberating the curriculum’, reflecting these ideologies.

Criminal law tutors were told that, to ‘liberate the curriculum’, our classes now had to introduce diverse gender identities and teach students to use offenders’ preferred pronouns. I questioned if incorporating gender identity theory might be an unnecessary distraction or even unwise. I described gender theory as hotly contested, and as recently developed in wealthy Western countries. I pointed out that (not) believing in gender identity is a protected religious or philosophical belief under the Equality Act 2010, and said law tutorials are no place to promote one's beliefs.

I also highlighted some of the implications of describing offenders according to self-identified gender in our work. I said a criminal lawyer’s role is to present facts, that sex is a relevant fact for offences involving perpetrators’ and/or victims’ bodies, and that no offender should be allowed to dictate the language of his case in a way which masks relevant facts. I said an assailant’s language about himself and his offence should not automatically be adopted over his victim’s, and that lawyers and courts sometimes need to describe offenders in terms with which the latter might not agree – calling the innocent-identifying perpetrator ‘guilty’, or the trans-identifying male ‘he’.

When I raised these questions, in an online forum for law tutors to discuss what they teach, management had no answers. Months later, they were cited as reasons for my dismissal. Managers spuriously alleged that my ‘unreasonable questions’ had created an environment which ‘isn’t inclusive, trans-friendly or respectful’, thus violating the transgender staff policy and codes of conduct. In fact, I had broken no lawful rule by probing the academic soundness of what I was expected to teach.

I notice that the posters who don't want us to support this case have said nothing about this problem of gender identity ideology creeping into the curriculum at the OU. Several OU students have confirmed that this is a problem in several departments so it would be hard to deny that it's happening.

anyolddinosaur · 23/08/2023 11:08

There's always someone who appears on these threads to tell women not to spend money supporting legal cases. They never have compelling arguments. Still it always results in the thread being bumped and I suspect they always increase donations.

I'm considerably less interested in the content of the assessment and it's marking scheme than in why it cant be questioned.

I expect I'll be donating again next month.

OldCrone · 23/08/2023 09:37

Astoufo · 22/08/2023 22:23

I sent you a link to the actual assessment yesterday. I’ve also posted some of the marking criteria. I’ve offered to share the assessment privately with anyone who is interested. No one has taken me up on this.

We’re all anonymous of course. I don’t know why you’re so committed to believing there are pedophiles running the law courses at the OU either.

I thought it might be useful for people to know some more details about the assessment and our internal processes, as my knowledge of both of these made me sincerely question this story. I have tried to respond to further questions in good faith. Of course no one has to believe me (clearly no one does!) or agree with me. I’m going to stop responding now.

I don't intend to click on a google docs link from an unknown source, so I still can't see the assessment.

burnoutbabe · 23/08/2023 09:24

I did law (not an open university) and often the questions are slightly ambiguous but you know that you are just supposed to answer the question asked.

If it's a question on assaults crimes, you don't mention robbery or vandalism (beyond a 1line sentence) as there will be separate questions to discuss those crimes.

Age would be mentioned if relevant to sentencing or culpability.
But I'd assume I'd get no marks if I said that no age was mentioned so maybe the person is under 10 and therefore under age of criminal liability.

However that's my opinion as a student. If I had to mark them I'd query anything that appeared ambiguous as I am aware how much a badly worded question may throw students. Particularly brighter ones who are looking for both "traps" and also aware any fact added may have sone particular relevance that they should explore.

I am also not sure I'd actually refer to the 2 men ad boyfriends as it doesn't seem very professional in an exam answer (unless it's a question about sexual crimes) and the answer would be same if they were friends, a couple or strangers. So it seems to be unfair to positively mark for saying they are a couple. (I'd also not mention it for any couple unless relevant somehow)

(I'd be thrown by any pronouns like them -was it 2 people who attacked Bob or one? -that is important when trying to frame an answer to "who could be charged with what crimes". He or she pronouns could suffer sane issue of who they are referring to -names should be used for clarity.

Sw66tP6a · 23/08/2023 09:17

@JodyMitchell
"Staggering" in relation to all my marks. And two weeks was a simplificatio of ten working days for the marking of a TMA.
What I found disrespectful was the fact that knowing she was about to go on strike, she did not get her marking done in the required time before the strike started.

Signalbox · 23/08/2023 09:11

dcbc1234 · 23/08/2023 02:12

I am an atheist from a religious upbringing and I agree. I would prefer people to believe in a benevolent God rather than believe that humans can change sex (which we can't). Believing in a benevolent God is less harmful to humanity than denying biological reality and harming women, children etc.
It seems people have to believe in something...anything.

Enough harm has been done in the name of “benevolent” Gods though.

OP posts:
dcbc1234 · 23/08/2023 02:12

Transparent2 · 22/08/2023 19:06

My Christian friend says this is Satan filling the vacuum left by the West abandoning Christianity.

I wouldn't quite put it that way, but I do think the decline of Christianity in the west has left a vacuum, and postmodern thinking of "your truth" and "my truth" makes it very easy for a quasi-religious belief to fill it.

I am an atheist from a religious upbringing and I agree. I would prefer people to believe in a benevolent God rather than believe that humans can change sex (which we can't). Believing in a benevolent God is less harmful to humanity than denying biological reality and harming women, children etc.
It seems people have to believe in something...anything.

Ideafactory · 22/08/2023 23:34

@JodyMitchell

“JodyMitchell · Today 19:26
@Sw66tP6a
I am a university lecturer.

68% is in no way a ‘staggeringly low’ mark.

Lecturers have 3 weeks to mark assignments, not 2.”

So many aspersions being cast and so much being claimed which is not correct in relation to the OU on Mumsnet today. OU ALs get 10 working days to mark and return a TMA. This information is freely available to OU students on the help centre.

93% down to 68% is a drop of 25 percentage points, which is a big drop on any marking scale. Previous poster(s?) have identified the OU typically uses a different scale to most universities to classify its undergraduate modules and qualifications. Scores up in the 90s are not unusual, especially at level 1, which doesn’t count for degree classification. Of course a student might show a big variance on a particular assignment for all kinds of reasons.
@Sw66tP6a

OldCrone · 22/08/2023 23:06

I thought it might be useful for people to know some more details about the assessment and our internal processes, as my knowledge of both of these made me sincerely question this story.

Question away anonymous Internet person.

Akua Reindorf KC and the Free Speech Union disagree with you. I assume they've seen the relevant material and know enough details to make a decision about whether Almut's case has a reasonable chance of success.

dimorphism · 22/08/2023 22:44

Ereshkigalangcleg · 22/08/2023 22:26

I don’t know why you’re so committed to believing there are pedophiles running the law courses at the OU either.

No one has said this. Please stop misrepresenting posters.

This. In terms of reading the text and accurate comprehension, D minus.

Also the point up thread that there's a very big difference between not getting any marks for consideration of other things outside the module and actively being penalized for "wrongthink" is very important.

In what world does a law degree actually penalize students for considering all relevant laws?

Can't wait to see Akua Reindorf KC in action on this one

Ereshkigalangcleg · 22/08/2023 22:26

I don’t know why you’re so committed to believing there are pedophiles running the law courses at the OU either.

No one has said this. Please stop misrepresenting posters.

Astoufo · 22/08/2023 22:23

OldCrone · 22/08/2023 22:01

I just don't see why you think your opinion is the last word.

@Astoufo thinks we should believe what they say, without any evidence whatsoever, about the assignment in question, their knowledge of it and how they came by this information, despite them being just another anonymous poster on mumsnet. And Astoufo demands that we disbelieve Almut Gadow who has both the Free Speech Union and Akua Reindorf KC supporting her employment tribunal claim just because the anonymous Astoufo thinks we should.

I sent you a link to the actual assessment yesterday. I’ve also posted some of the marking criteria. I’ve offered to share the assessment privately with anyone who is interested. No one has taken me up on this.

We’re all anonymous of course. I don’t know why you’re so committed to believing there are pedophiles running the law courses at the OU either.

I thought it might be useful for people to know some more details about the assessment and our internal processes, as my knowledge of both of these made me sincerely question this story. I have tried to respond to further questions in good faith. Of course no one has to believe me (clearly no one does!) or agree with me. I’m going to stop responding now.

Astoufo · 22/08/2023 22:04

OldCrone · 22/08/2023 21:36

I think TRAs are rarely the most senior people in the university or department though, probably more likely to be early career overall. University management also tend to be far less ideological but are often very risk averse and easily swayed by online mobs.

So you think that the university management was 'swayed by online mobs' which persuaded them to fire a tutor who had been employed by the university for 10 years? Is that how universities operate now?

I was talking more generally here, not about this case.

OldCrone · 22/08/2023 22:01

I just don't see why you think your opinion is the last word.

@Astoufo thinks we should believe what they say, without any evidence whatsoever, about the assignment in question, their knowledge of it and how they came by this information, despite them being just another anonymous poster on mumsnet. And Astoufo demands that we disbelieve Almut Gadow who has both the Free Speech Union and Akua Reindorf KC supporting her employment tribunal claim just because the anonymous Astoufo thinks we should.