Update from Jo Phoenix

[Imnobody4]

Sorry can't find the previous thread. I thought someone might like to attend. 18 witnesses!! Bet that's just a tactic to intimidate.

https://twitter.com/JoPhoenix1/status/1692558010323702045?t=O8s-xIF3iu564FVwyaYEhg&s=19

NEWSFLASH

45 days to go.

I received news this week that the venue for my hearing has changed. It is now at Watford Tribunal Centre, 2nd floor, Radius House, 51 Clarendon Road, Watford. It will be in an open court (i.e. members of the public are allowed to attend). The dates remain the same.

The case starts on 2nd October with reading and preliminary issues. Evidence-giving starts on 3rd October. At present, I still do not know the exact number of witnesses the OU is calling. In the preliminary case hearing, the OU's representative claimed that they would like to call 18. We are scheduled to exchange witness statements at the end of next week (25th August) and it is then that I will know if all of those 18 witnesses are, indeed, being called to give evidence.

Does this apology to Jo and admitting that they were wrong mean they're not going to try and appeal?

I'm assuming that they're not going to appeal then😐

It would be good if the OU were to state this unequivocally but it reads that way.

I don't know if current negotiations about a settlement with JP included an 'unreserved apology'. (However, if they took advice from OU lawyers on this matter, where were those lawyers when the OU assembled that horde of witnesses and put everyone through that tribunal.)

I dislike the "In several areas we fell very short" but that is what's happened to language. I always assume that I'm in a language game with people who are looking for ways to communicate that give them space for a full reversal.

I can't see anywhere where they've indicated that.

However, looking at what looks like a legally crafted damage limitation statement, I'm guessing that the OU lawyers decided that there is little chance of winning an appeal.

The case and publicity around the decision appears to have hit the OU's reputation hard. Hence the damage limitation attempt.

But then Im a cynical old woman.

An adult response at last. Good.

The statement is better but no words on the action they will take in relation to those that bullied and harassed Jo.

I think an appeal is unlikely, the judgment was damning

It’s hard to see how they could have appealed. You can’t appeal on facts only on the law and process. It was the factual evidence that did for them.

I don’t care if they are sincerely apologising or apologising because it is legally expedient for them to do so. What matters is the huge message to the world of academia that allowing this sort of witch hunt is potentially reputation damaging and costly. They were so busy being righteous they forgot about being right

Well, that statement from the OU is quite the 180 degree turnaround, isn't it?

I can just imagine the VC thinking, "Obviously we're going to appeal this." And then him reading the judgement and the colour slowly draining away from his face as he realises that the OU's key witnesses were exposed as a bunch of liars and fools in court. I'd love to have been there as it gradually dawned on him that he'd been made a laughing stock by his own staff, and that making an appeal would have been akin to getting out a hammer and nails and putting the finishing touches to your own coffin.

I wonder if they will sanction TRAs who won't play ball? I can see another open letter on the horizon, directed at Ian.

That would have been a sight indeed!

The ruling is as watertight as it ever could be, no one was going to find any gaps!

It was the Intern's fault!

I sincerely hope the review they're undertaking won't be involving St***ll.

Don't know who Ian is but I'm recalling that Drake was one of several authors of the triumphalist paper about contributing to the downfall of the previous Pro Vice-Chancellor. They praised themselves for their subversive networks and communications via WhatsApp. I've no idea if they'd choose to re-enact their previous subversive activities with another Pro VC post the Phoenix notoriety.

In discussing the events leading up to the resignation of the former Open University Vice Chancellor in April 2018, we focus on the enactment of a form of resistance against proposals for the university through a WhatsApp group, enabling rapid information exchange, discussion of tactics and concrete planning for action. We suggest our group – ‘the Hive’ – was unusual because, first, it countered the politically quiescent trend in academia to comply (at least outwardly) with neoliberalisation, and/or only to write about it, as opposed to mounting challenges. Second, the Hive was virtual, comprising various staff categories, including people based off-campus; it operated almost entirely online and many members had never met face-to-face. This for us evokes notions of the multitude. Third, the group exemplifies alternative forms of solidarity and resistance in other ways, being non-hierarchical, highly pluralist and non-exclusionary. Finally, our Hive provided a supportive, caring space for resisters, which we suggest emerged partly through members’ love for the distinctive social mission of The Open University – although our story also provides hope for harnessing similar emotions within other academic institutions.

Bowes-Catton, H., Brewis, J., Clarke, C., Drake, D. H., Gilmour, A., & Penn, A. (2020). Talkin’’bout a revolution? From quiescence to resistance in the contemporary university. Management Learning, 51(4), 378-397.
https://journals.sagepub.com/doi/pdf/10.1177/1350507620925633

My guess would be now we'll see similar scenes as the EHRC as they try to navigate a path back to middle ground and legality. With the captured kicking, screaming, blaming everyone and trying to get them sacked, and insisting that the illegal and unethical practice is morally right and anything else is genocide.

Which will continue to add to the evidence on political capture and its issues. And the employment of those in hock to such political groups.

Janice Turner comment in the Times:

'A cool and courageous Aunt' 🍻

Auntie GC not anti-trans.

As ever, I admire JT's ability to turn complex ideas into memorable, pithy phrases that are so easy to read. That's such an enviable skill.

(I always appreciate the shout out to Allison Bailey's Chambers roommate who listened to her phone calls and relayed the content to others. To this day, I can't grasp how David Renton justified this to himself. The Right Side of History's light is dazzling even when it's a Will O' the Wisp leading those who follow it to boggy marshes or even doom.)

I always mixed Renton up with Renfield, and pictured him like that but mashed up with an Igor 'yeth mathter'.

I'm recalling that Drake was one of several authors of the triumphalist paper about contributing to the downfall of the previous Pro Vice-Chancellor.

Given this shit show, they musy be glad they got out when they did.

"I'm sorry."
"We're sorry."
"We're all sorry."
"We're all really sorry."
"We're all so fucking sorry."
"We're actually sorry that we got our arses burned."

(I always appreciate the shout out to Allison Bailey's Chambers roommate who listened to her phone calls and relayed the content to others. To this day, I can't grasp how David Renton justified this to himself.

His blog where Maya commented and he argued with her is quite illuminating.

Don't know who Ian is

Apologies @RethinkingLife it's a typo for Tim (Blackman)

It’s an encouraging statement but I need to see some substance behind the words. Action. Maybe they could ask some of the prominent GC community for help with that review and take onboard their advice.

I suspect we wouldn’t have got anything nearly as promising if it wasn’t clear that the judgement has been widely read, reported on and discussed.

I think that the judgement is likely to make GC staff more free to speak even in what must be a hostile atmosphere.

Many at the OU didn't sign the letter and never changed their email signature to contain pronouns. They just stayed quiet.

I feel a little foolish for not realising. :)