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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
anyolddinosaur · 21/08/2023 10:13

"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."

This is the part that encouraged me to donate.

Astoufo · 21/08/2023 09:46

There’s also something a bit off about the way she describes the EDI influence on the curriculum. She taught on a module running in September 2021. It seems to have been new. A new OU module is a big undertaking- it takes about two years to create one. The module would have been designed, written and built over 2019-21.

It is impossible that the course design would have been influenced by a policy from 2021/22, ie the same academic year the module was running. Once the module material is live we can only really make minor tweaks to correct errors.

That might just be a misidentified policy - the idea of diversifying curriculum is a general trend. It’s not normally specifically focused on gender ideology though, that is sometimes is in the mix but the focus is generally more on having diverse examples and including a wider variety of sources- ie more global authors and more women than traditionally seen in a syllabus.

Anyway, I could be totally wrong but thought I’d share the info about assessment and how our modules work so people can make their own minds up about donating.

Astoufo · 21/08/2023 09:26

DrBlackbird · 20/08/2023 11:01

Would your access to OU module materials such as assessments include access to the marking rubric / guidelines for them @Astoufa?

Be interesting to know if marking guidelines mention the relevance (or not) of the case protagonists’ ages.

Likewise it’d be interesting to know if Josh’s age was mentioned specifically to test student’s ‘assumptions’? This could be a more legitimate reasons for including ages in a case-based assignment. If so, would the curriculum liberators also aim to catch out assumptions, say, if the case protagonists involved young girls seen as willing participants/prostitutes vs victims a la the Rotherham scandal?

I can see the assessment and information for students but not the guidance for tutors - only people who worked on the module can see that.

The questions are all about criminal liability so the scenario seems to have been designed to include a balance of different factors which could make someone more or less liable (I’m not an lawyer, this is probably the wrong language!). In the first assessment Will hits someone who he thinks is attacking him, so the question is about whether he has a self defence claim. In the second assessment Josh punches Will after they have split up. His age is included to test student’s knowledge of the juvenile justice system.

There’s also a big focus in the module on the Sally Challen case - ie coercive control and self defence for abuse victims. So that seems the most likely explanation for including the details about the controlling elements of Josh and Will’s relationship. I guess so students can consider if Josh punching Will counts as self defence considering their history.

The only part of the scenario which doesn’t have relevance for testing a specific bit of legal knowledge seems to be the fact that Josh and Will are gay. This is a part of a ‘liberating curriculum’. That sounds dramatic but it’s generally pretty prosaic. It is more normally called inclusive curriculum at the OU and involves making sure that examples, images and cases in a module reflect/have relevance for a wide range of people. There’s a tendency for default cases in teaching to be eg white until you teach something about racism, or straight until you teach about homophobia. Here we have a case about gay men but the point of the questions isn’t that they are gay. I expect that’s why the guidance told students not to focus on the fact they are gay as it’s not a relevant factor for the law they are being tested on.

Astoufo · 21/08/2023 09:01

AdultFemaleMorningsider · 20/08/2023 04:44

We clearly don't know the full story, but the FSU doesn't seem to go in for bringing hopeless cases much, and the fact that Kathleen Stock is supporting this one (and not only on Twitter) makes me happy to support it - though of course nobody has to.

In the example, I am wondering what the legal relevance of Josh's age is - why was it mentioned at all? Seems like either there's none (in which case, fair enough to wonder what the agenda is behind giving the irrelevant info) or there is some, in which case seems fair enough that one of the things students should consider is whether there's a MAP issue (eg is Will 18 or 48, how does this interact with the controlling), rather than lose marks for considering the possibility.

Josh’s age is mentioned because one question is about the difference between juvenile and adult justice systems. He punches Will in the second scenario - students are asked about the legal consequences of that action considering his age. Presumably juvenile justice is part of the course material so someone has to be a minor in the assessment scenario to enable students to talk about that issue. Legal minor isn’t the same as under the age of consent though.

Sorry I got something slightly wrong in my initial description - the controlling behaviour is described in the initial scenario when Josh and Will are still together and Will punches a third party. This is the case scenario Almut is claiming describes a relationship between an adult and child. There is no information given though about how old either of them are at this point. For the students to see Will as a paedophile they would have to independently conclude - based on no information- that the original incident took place two years previously.

I just think you have to want to get there to see it in that way.

MalcolmTuckersBollockingface · 20/08/2023 21:39

There was some dubious stuff in the new level 1 modules starting from 2014. By the time, I got to level 3 it was quite pronounced. It wasn't just the content, it became difficult to engage with tutors and students who were captured (understatement).

GeraldTheGoodMouse · 20/08/2023 21:08

Signalbox · 20/08/2023 21:03

I think the capture of the OU must have happened quite recently. I did a humanities degree (Literature) with the OU which finished in 2013 and there wasn't a sniff of any of this gender nonsense then. I wonder what those modules would look like now?

I finished my social science masters with them around the same time and also none of this at the time.

Signalbox · 20/08/2023 21:03

I think the capture of the OU must have happened quite recently. I did a humanities degree (Literature) with the OU which finished in 2013 and there wasn't a sniff of any of this gender nonsense then. I wonder what those modules would look like now?

OP posts:
MalcolmTuckersBollockingface · 20/08/2023 18:38

RealityFan · 18/08/2023 12:29

I've been contemplating for a long time doing something like an MA at Cambridge Uni.

A decade ago, I wouldn't have hesitated. Today? Why would I want to come up against such intellectual pygmies, happy to take my cash, but not my free thought?

Yes, I have been agonising over this as well. I would love to do a postgrad in Psychology/Philosophy or retrain as an allied health professional but I am really scared of encountering all this crap, again. Incidentally. I left my undergrad degree with the OU, in Psychology, due to them shoehorning all this pernicious crap into the curriculum.

mrshoho · 20/08/2023 17:40

RealityFan · 20/08/2023 17:06

18 witnesses is preposterous. I bet there weren't even 18 witnesses against Harvey Weinstein.

If anybody says cancel culture is a thing, even more that instances like JKR avd Glinner, point to the Stasi like queerwashing in academia, it's here where the rubber really hits the tarmac

If academia is totally captured, then the next generation of policy makers is totally captured.

Put it this way, the days of anyone outside the law and social sciences ever being in a position of power to frame laws and public policy direction, is over.

If I had my way, I'd fill parliament with mums, plumbers, car mechanics, secretaries, beauticians, cooks etc...basically, only those who've avoided DEI indoctrination.

If the OU, Russell Group universities etc had their way, the likes of Almut and anyone who doesn't bend to the progressive mantras would not just be cancelled, but rubbed into the dust.

Maybe it's time for that new political party, a variation of Blue Labour, helmed by people not tainted by the system.

Damn right. How long will it take to undo the damage of this brainwashing?

RealityFan · 20/08/2023 17:07

if anybody says cancel culture isn't* a thing
Damn typos!

RealityFan · 20/08/2023 17:06

GeraldTheGoodMouse · 20/08/2023 16:50

The costs are even more risky in light of what's gone on with previous cases, such as bundle issues which add time, Raquel's case resulted in extra legal costs for her as a result of shenanigans by Bristol Uni. and now Jo's case potentially having to prep for and allow time for (ie pay for) 18 OU witnesses. No way would anyone take this on no win no fee, however good the case is.

18 witnesses is preposterous. I bet there weren't even 18 witnesses against Harvey Weinstein.

If anybody says cancel culture is a thing, even more that instances like JKR avd Glinner, point to the Stasi like queerwashing in academia, it's here where the rubber really hits the tarmac

If academia is totally captured, then the next generation of policy makers is totally captured.

Put it this way, the days of anyone outside the law and social sciences ever being in a position of power to frame laws and public policy direction, is over.

If I had my way, I'd fill parliament with mums, plumbers, car mechanics, secretaries, beauticians, cooks etc...basically, only those who've avoided DEI indoctrination.

If the OU, Russell Group universities etc had their way, the likes of Almut and anyone who doesn't bend to the progressive mantras would not just be cancelled, but rubbed into the dust.

Maybe it's time for that new political party, a variation of Blue Labour, helmed by people not tainted by the system.

GeraldTheGoodMouse · 20/08/2023 16:50

The costs are even more risky in light of what's gone on with previous cases, such as bundle issues which add time, Raquel's case resulted in extra legal costs for her as a result of shenanigans by Bristol Uni. and now Jo's case potentially having to prep for and allow time for (ie pay for) 18 OU witnesses. No way would anyone take this on no win no fee, however good the case is.

ColinTheGenderMinotaur · 20/08/2023 16:45

mean award at the ET is 13 and a half grand, according to this:

https://www.dacbeachcroft.com/en/gb/articles/2023/january/employment-tribunals-statistics-published

Can’t imagine many cases at the ET are taken on a no win no fee basis - there isn’t enough cash in it (unlike say, personal injury)

Almut Gadow v Open University (again)
GeraldTheGoodMouse · 20/08/2023 16:15

Aah, thanks for confirming, I suspected as much regarding no win no fee.

Rightsraptor · 20/08/2023 16:07

I just Googled no win no fee, with me not being a lawyer and all, and the fee the solicitor can claim is capped at 25% of the award. I saw no mention of barristers.

Allison Bailey initially got around £25,000 and that included approx £5k for aggravated damages, iirc. So a solicitor would get £5k or so for masses of work.

I wouldn't take on any complex case under those terms if I were a solicitor, so I imagine they go after the easy, open & shut ones.

No way you'd get Akua Reindorf for that.

RealityFan · 20/08/2023 15:54

It's my aim to be on a "hot 100" list like Akua. Not happening as of yet.

ColinTheGenderMinotaur · 20/08/2023 15:50

GeraldTheGoodMouse · 20/08/2023 15:34

Do employment tribunals award costs?

A quick Google suggests ‘very rarely’.

(screenshots of three different sources)

You deffo won’t get a barrister of Akua Reindorf KC’s calibre on a no-win-no fee basis and I’m sure most of us agree that these cases are far too important to be attempted on a litigant in person basis (which is how the majority of employment tribunals work)

https://www.cloisters.com/barristers/akua-reindorf

Almut Gadow v Open University (again)
Almut Gadow v Open University (again)
Almut Gadow v Open University (again)
GeraldTheGoodMouse · 20/08/2023 15:41

ColinTheGenderMinotaur · 20/08/2023 15:37

Fair enough.

Absolutely no evidence that a PP’s 68% grade is due to ‘vindictiveness’ though.

Being off sick and then on strike does not Indicate contempt or disrespect for students.

Absolutely, it's a ridiculous claim. Plus, like anywhere, there are internal procedures if you think a mark is wrong.

RealityFan · 20/08/2023 15:38

Grammarnut · 20/08/2023 15:17

And thus we had honour killings going unaddressed, FGM claimed as a cultural practice we should not intervene in, and the murder of Victoria Climbie. All cultural practices which we do nothing about. Brilliant.

Yes indeed, my other thought would be that there is a direct line from the moral relativism of that atmosphere two decades ago to the moral vacuum we have today.

20 years ago, look the other way on unacceptable cultural practices (and how many prosecutions have we had for FGM?), today, promote a boundary-less world where the universal is subordinated to the personal.

That's why it was ok then to not report an African mother pacifying her son, and ok now to medicalise teens. In both scenarios, no dissent permitted, if our "betters" had their way.

ColinTheGenderMinotaur · 20/08/2023 15:37

GeraldTheGoodMouse · 20/08/2023 14:48

OU marking uses a different scale/rubric. For a distinction or first you'd need 85% or more with the OU.

Fair enough.

Absolutely no evidence that a PP’s 68% grade is due to ‘vindictiveness’ though.

Being off sick and then on strike does not Indicate contempt or disrespect for students.

GeraldTheGoodMouse · 20/08/2023 15:34

Sw66tP6a · 20/08/2023 14:58

I can assure you it's the truth. Those I quoted are assignment grades. Last year I did two modules (four assignments per module plus some computer marked assessments) and my overall grade for one was 87% (brought down by Almut's grading) and 93% for the other - two distinctions. This year I've also done two modules - 96% for one and 97% for the other. Yes they are good grades and I'm very proud. I've put in a lot of hard work.

Do employment tribunals award costs?

Grammarnut · 20/08/2023 15:17

RealityFan · 18/08/2023 13:35

A friend of mine who worked for the NHS back in the late 90s/early 00s went on an ethics training day.

He was given three scenarios involving a poor African immigrant family, single mum, 8 and 9 years old siblings.

1...Mum is bedridden, there are three "at risk" situations, the attendees had to pick the one scenario that obliged authorities being alerted re children at risk.

2...One kid cooks for the family, hot stove, electricals, food poisoning risks.

3...One kid takes the other to school along a very busy dual carriageway, and has to cross it.

The mum gets the children to sleep, pacifying them in the most personal way possible, involving all of them in the same bed together. I don't think I should go into the disgusting details.

My friend stuck his hand up and said all three situations required child services to be called in, but child sexual abuse was the biggest red flag.

He was told he was INCORRECT, only the traffic risk scenario option necessitated intervention.

Indeed when he pressed the issue on sexual misconduct, he was told he was WRONG to immediately judge, that there are many cultural practices we might find unacceptable, but we need to hold off on judgement because they're common practices in the home countries and cultures.

And as he argued more and more, he was told he was in danger of failing the course.

Imho, this is the precursor to where we are today. Political correctness, stretched out and turbo charged by intersectional class analysis, to be used as a weapon against any traditional mores.

So, two decades ago, it's OK to not report family sex abuse for cultural sensitivity reasons...two decades later ie today, it's OK to oblige victims of rape etc to address their assaulters in terms that defy logic and are guaranteed to cause maximum distress and humiliation, to protect trans as an ID.

We have totally lost it as a society.

And thus we had honour killings going unaddressed, FGM claimed as a cultural practice we should not intervene in, and the murder of Victoria Climbie. All cultural practices which we do nothing about. Brilliant.

Sw66tP6a · 20/08/2023 15:03

One other thought: no-win-no-fee lawyers will always take on a case they believe they can win. I wonder why Almut hasn't gone down that route instead of going for crowdfunding. Could it be that there is doubt?

Sw66tP6a · 20/08/2023 14:58

I can assure you it's the truth. Those I quoted are assignment grades. Last year I did two modules (four assignments per module plus some computer marked assessments) and my overall grade for one was 87% (brought down by Almut's grading) and 93% for the other - two distinctions. This year I've also done two modules - 96% for one and 97% for the other. Yes they are good grades and I'm very proud. I've put in a lot of hard work.

GeraldTheGoodMouse · 20/08/2023 14:48

ColinTheGenderMinotaur · 20/08/2023 13:07

I got 85% for most of my MA assignments - I asked what I would have to do to improve on that and my (very experienced, internationally renowned) professor said the other 15 doesn’t really matter because 85% is already a very solid Distinction and he keeps 15 in his back pocket for the second coming of Einstein.

I’d hate to think the OU are pointlessly blowing smoke up students arses in a way the bricks are mortar universities are not.

Seems to me that Almut Gadow was marking in a manner that is normal/expected in the UK and that the previous poster on this thread has no gauge to recognise normal by?

OU marking uses a different scale/rubric. For a distinction or first you'd need 85% or more with the OU.