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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
GeraldTheGoodMouse · 20/08/2023 16:15

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

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 16:50

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.

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.

RealityFan · 20/08/2023 17:07

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

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?

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.

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:
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.

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).

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.

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 09:46

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.

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 10:45

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.

Yeah that’s the bit that shocked me which is why I looked up the assessment. The only age mentioned in the assessment is 17. So the case study involves a relationship between a 17 year old and a man of undisclosed age, presumably at least 18 as he seems to have adult legal liability. It seems weird to object to describing these men as boyfriends? This could be a relationship between a 17 and an 18 year old.

anyolddinosaur · 21/08/2023 11:07

If the age of the adult is not given why would someone be marked down for considering the possibility of grooming? It could equally be a relationship between a 17 year old and a 50 year old.

Almut Gadow says they sought clarification and that was seen as bad.

OldCrone · 21/08/2023 11:10

Astoufo · 21/08/2023 10:45

Yeah that’s the bit that shocked me which is why I looked up the assessment. The only age mentioned in the assessment is 17. So the case study involves a relationship between a 17 year old and a man of undisclosed age, presumably at least 18 as he seems to have adult legal liability. It seems weird to object to describing these men as boyfriends? This could be a relationship between a 17 and an 18 year old.

And if the first incident happened two years earlier, it could be a relationship between a 15 year old and a 40 year old. And yet when Almut suggested this possibility she says her "request for clarification was spuriously described as further misconduct".

If the younger man is at least 16 at the time of the first incident, why not just state this and remove all doubt?

Almosthadenoughacademic · 21/08/2023 11:29

RealityFan · 20/08/2023 12:37

ALL your marks before, were 93%? ALL?
Really? That's not just an exceptionally high average, that's an exceptionally high lowest mark, you always got between 93% and 100%.

And this lecturer alone marked you unusually low (only in comparison), however, 68% is still very high, and a more typical excellent grade. And then one at 88%.

Yes, due diligence is a good suggestion. To her story. And to yours.

Agreed. I've marked students who have came in from OU degrees (I'm an academic in a UK uni) and they have always been inflated - ie a first class OU student turns into a low 2:1 (which, btw is a perfectly good mark). I guess that the 68 was a more accurate reflection of the work, and I repeat, still a very good mark.

RealityFan · 21/08/2023 11:34

Has this person posted here since that one?
I'm finding a constant on Mumsnet.

TRA types who's only joy in life is to troll and try and school women here on feminism and linguistic somersaults.

And others, TRAs likely as well, who just drop a grenade and then never return.

You're both unwelcome, go back to Trans/Reddit where the lack of illumination suits you better.

Astoufo · 21/08/2023 12:10

OldCrone · 21/08/2023 11:10

And if the first incident happened two years earlier, it could be a relationship between a 15 year old and a 40 year old. And yet when Almut suggested this possibility she says her "request for clarification was spuriously described as further misconduct".

If the younger man is at least 16 at the time of the first incident, why not just state this and remove all doubt?

Yeah if it took place two years before- but that’s a big if and is never stated! It could be two months earlier. I can’t see why first year law students learning about the criminal justice system for the first time would know the usual timescale from incident to trial. I imagine ages aren’t stated in the first scenario because the course team hadn’t prepared for the possibility that someone would assume they are promoting pedophilia. If Josh was meant to be under 16, pretty sure that would have been made explicit.

Stepping back, I think it’s good to consider what is the more likely scenario:

  1. the people who set this assignment have a secret agenda to normalise pedophilia. Their strategy for doing this is to teach absolutely nothing in the whole course about pedophilia or constructions of sexuality, or any academic theory used by the (very very very few) academic pedo apologists who do exist. Instead they write a case study involving a gay relationship where one party is 17. For this to effectively normalise pedophilia the students would have to a) independently know the usual timescale between an incident and trial and b) spend enough time thinking about their assessment case study to notice that this means that this relationship MAY have started when one party was under 16 (but may not have). The team rub their hands at this cunning plan.
  2. OR- the course team need to come up with a case study which includes lots of different factors which can impact criminal liability and which test knowledge of the criminal justice. One of these factors is age, so they make one person in the case study 17. They pick this age as it makes the person both a minor legally and over the age of consent.

I know which I think is more likely.

OldCrone · 21/08/2023 12:15

Astoufo · 21/08/2023 12:10

Yeah if it took place two years before- but that’s a big if and is never stated! It could be two months earlier. I can’t see why first year law students learning about the criminal justice system for the first time would know the usual timescale from incident to trial. I imagine ages aren’t stated in the first scenario because the course team hadn’t prepared for the possibility that someone would assume they are promoting pedophilia. If Josh was meant to be under 16, pretty sure that would have been made explicit.

Stepping back, I think it’s good to consider what is the more likely scenario:

  1. the people who set this assignment have a secret agenda to normalise pedophilia. Their strategy for doing this is to teach absolutely nothing in the whole course about pedophilia or constructions of sexuality, or any academic theory used by the (very very very few) academic pedo apologists who do exist. Instead they write a case study involving a gay relationship where one party is 17. For this to effectively normalise pedophilia the students would have to a) independently know the usual timescale between an incident and trial and b) spend enough time thinking about their assessment case study to notice that this means that this relationship MAY have started when one party was under 16 (but may not have). The team rub their hands at this cunning plan.
  2. OR- the course team need to come up with a case study which includes lots of different factors which can impact criminal liability and which test knowledge of the criminal justice. One of these factors is age, so they make one person in the case study 17. They pick this age as it makes the person both a minor legally and over the age of consent.

I know which I think is more likely.

Why are the students penalised for considering the possibility that one of the people might have been under 16?

Why was the lecturer disciplined for asking for clarification?

Astoufo · 21/08/2023 12:15

The OU uses a different grading system- a 68 is a 2:2 equivalent. 85+ is a first. 70-84 is a 2:1.

So 68 is a good mark elsewhere but for a student consistently getting firsts it’s like suddenly dropping to a 55.

It may well have been a fair mark, but you can’t compare numbers directly between OU and other unis.

Astoufo · 21/08/2023 12:34

OldCrone · 21/08/2023 12:15

Why are the students penalised for considering the possibility that one of the people might have been under 16?

Why was the lecturer disciplined for asking for clarification?

Well this is the bit I can’t see! So I don’t know what the tuition guidance said or what interactions she had with the module team.

A lot of assessment guidance for students is about making sure they answer the question set. None of the course from what I can see is about sexual offences against children, so it’s very possible they were just saying that’s not relevant because it’s not the curriculum they are being tested on. They likely would have wanted tutors to keep students focused on the explicit issues in the case and they curriculum they’d learnt- rather than start speculating about when the relationship started and if Josh was underage etc. I mean you would be penalised for answering a question about assault liability with a lot of speculation about grooming, because you wouldn’t have answered with the right law to get the marks. That doesn’t mean grooming doesn’t matter!

Clearly there has been conflict with the module team and I don’t know what happened there. It’s quite possible she was badly treated. It’s just that the rest of her story seems to have so many holes that so I wouldn’t trust her account now without more evidence.

Boomboom22 · 21/08/2023 12:38

Wow, perhaps the OU should be stopped and shut down now. This in a law course is worse than LSE and that is saying something. Completely unfit for purpose.

OldCrone · 21/08/2023 13:03

Astoufo · 21/08/2023 12:34

Well this is the bit I can’t see! So I don’t know what the tuition guidance said or what interactions she had with the module team.

A lot of assessment guidance for students is about making sure they answer the question set. None of the course from what I can see is about sexual offences against children, so it’s very possible they were just saying that’s not relevant because it’s not the curriculum they are being tested on. They likely would have wanted tutors to keep students focused on the explicit issues in the case and they curriculum they’d learnt- rather than start speculating about when the relationship started and if Josh was underage etc. I mean you would be penalised for answering a question about assault liability with a lot of speculation about grooming, because you wouldn’t have answered with the right law to get the marks. That doesn’t mean grooming doesn’t matter!

Clearly there has been conflict with the module team and I don’t know what happened there. It’s quite possible she was badly treated. It’s just that the rest of her story seems to have so many holes that so I wouldn’t trust her account now without more evidence.

I don’t know what the tuition guidance said or what interactions she had with the module team.

It's on her crowdfunder page and also in the OP.

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.

I mean you would be penalised for answering a question about assault liability with a lot of speculation about grooming, because you wouldn’t have answered with the right law to get the marks.

Really? Surely the circumstances are important. If the person who committed the assault was a victim of grooming or coercive control then wouldn't that be relevant?