lydy: (me by ddb)
[personal profile] lydy
Most of Minicon this year was grand fun. As the Chair of the Code of Conduct Committee, I had several things that I had to deal with, and learned several really useful things. I also ended up saying "giant inflatable penis" more times than any person should have to. But that's not what I want to talk about.

The Consuite at Minicon is comprised of some interconnected rooms. This year, they took all the beds out, and the rooms had either comfy furniture to sit in, or tables with food and drink. I'm using consuite a little loosely, since I'm including the bar area. The Dead Dog Party was held, as is traditional, in the consuite. Somewhere fairly early in the evening, Ann talked to me about a problem with Ken Konkol. Ken's been known to be a problem for, oh, forty years, in a variety of ways. His most recent exploit was being arrested for refusing to vacate an hotel room in Florida. That was last November. This is not a man who has learned better. According to Ann, who had spoken to another long-time Mnstfer, Ken had showed up assuming that he would be allowed to stay in this other person's house. This other person has had a bad experience with Ken overstaying his welcome, and refused. On Sunday, once again, Ken insisted that of course he was going to stay at this friend's house, since he had no place to go. Ann offered to explain to Ken in no uncertain terms that this was not going to happen, since the other person felt like he was not getting through. Ann did so, at which point Ken asked to stay in the consuite.

Now, staying overnight in the consuite is a thing which happens from time to time. It is the prerogative of the hosts, the people running the consuite and bar, and it is assumed that they will use good judgment, which they always do. The people running consuite and bar often end up sleeping in those rooms, as well, since their job is never-ending, and it's useful to have as short a commute as possible. Ann told Ken no, and in no uncertain terms. She had concerns about the fact that there was evidently a charge against him for trashing an hotel room, possibly related to his arrest, and generally didn't feel that his lack of planning constituted a reasonable emergency on the part of the con.

I wanted to talk to Ken up front, make him say what his plans for vacating were, and make him stick to them. I thought that a proactive approach was more likely to circumvent his extremely probable tactic of just hanging around until they closed the suite, probably around four or five in the morning, and then pleading that he couldn't go because he had no place to go and no way to get there. A plea that looks especially good because he's using a walker these days and really does look frail. I thought to do this under the guise of being helpful. "Do you need help calling a cab?" sort of deal. I was assured that Joel had it all under control, and decided that I could just stand down. A while later, I noticed that Ken was no longer in evidence, assumed that it had all blown over, and stopped worrying.

Around three in the morning, my sweetie Ctein and I ended up in one of the smaller rooms with a couch, talking, like we do. As these things will, late at night, we ended up having a two hour, wide ranging, very private conversation. There was no one in the room, the crowd was quite thin, we weren't using space other people needed. When someone wandered in to use the rest room or see if someone they wanted to talk to was there, we suspended the really personal stuff. In case you haven't done the convention thing, this is actually a pretty normal interaction. People are always wandering off to slightly secluded spots to talk, neck, or what have you. Somewhere around five in the morning, Joel informed us that he was going to bed and they were closing up the rooms. Ctein and I left, feeling a bit smug about having closed down the convention.

Monday was the traditional "fish fest", a sushi lunch at Sakura, followed by the less venerated but still very traditional ice cream trip to Pump House Creamery. I had much good sushi, a beer, and was feeling utterly charitable with the entire world. And then I got a call. From Ann. She said that Ken Konkol had decided to hide in the closet of the room where Ctein and I were talking so as to avoid getting thrown out. For the entire time we had been talking, sometimes about quite personal information, he was in the closet. When he was found, he had made a little nest of pillows and blankets and was reading. Joel had thought to look in the closet because he hadn't seen Ken leave, and figured he must be there somewhere. I told Ann I had to hang up, I felt sick to my stomach. I did not, in fact, throw up, but I was hugely, massively upset. Trying to remember what we had talked about, what other people we had discussed in frank fashion, what confidences had been violated. I was toweringly angry.

When we got to the ice cream place, I pulled Ctein aside, and told him. He went through roughly the same reactions. It felt incredibly violating. It's not a physical violation, but it is still a huge invasion of one's personal space. And it may be a minor thing, but it also destroyed that slightly smug sense of accomplishment about having closed down the con. After a very brief discussion, we went and told _everybody_. Loudly. And everyone had the same sorts of reactions we did. They were appalled and horrified, and sympathetic. It was so very nice to have all my friends be so very much on my side. It felt validating and helped keep me from spinning out of control. Ctein reports the same thing.

That night was the Desiccated Dodo Party at Scott's. This is also a Minicon tradition. I walked in the door, and there was Ken. I took a deep breath and decided that I did not wish to make a scene. While it felt awful to be in the same room with him, I didn't want to export the damage to my friends. I quick texted Ctein to warn him, and then proceeded to ignore Ken. I socialized cheerfully with my friends and told anyone who hadn't heard yet about what had happened the previous night. Everyone was appalled and sympathetic. I got into a couple of games of Zar, and had a quite good time, although I did cuss in front of the teenager. Which he thought was funny, and his mother didn't seem to be too upset with. Something about Zar makes me say terrible things. In between the first and the second game, Cally said that she overheard Ken say that he was disappointed that he hadn't gotten to play a game with several people yet, and my name was on the list. I was...gobsmacked, I guess. It sounds bad, but you should know that I have never, not once in all my life, shared a game with Ken. The expectation that he could game with me? I am flabbergasted. What is it about abusers that makes them want to continue to contact their victims, get closer to them? What is it?

Zar over, I was in the kitchen. Laura, Dean, DDB, Ctein, Doug, Scott, and probably other people were there. I don't really remember. Ken came to the kitchen door, and I lost my temper. I don't think he was speaking to me, but I said, "Go away and never speak to me again." He _advanced_. He walked towards me. He said that he was just here to thank our gracious hostess, and pointed to Laura. Someone replied that Laura was not, in fact the hostess. I told him go get out of my face. He asked me why. I yelled that I didn't need to explain, he needed to leave me the fuck alone. He insisted that I did need to explain. And he kept on _advancing_. By this time, I have completely lost my shit. I'm screaming at the top of my lungs, and I'm pretty sure that the majority of the words were fuck, and the rest involved telling him to go away. Eventually, he was made to leave. I really don't remember that part too well. I did see Ctein visibly restrain himself, and I'm grateful. Actually breaking Ken's fingers, or whatever else seemed appropriate, would have been difficult to explain to the police. Ann Totusek stood in the doorway to prevent him from coming in. I burst into tears and cried on Dean's shoulder. It was the closest one, I think.

Because the context was well known, everyone was instantly on my side. There was no recrimination at all, only sympathy. Everyone understood why I had lost it, and was completely sympathetic. It helps, of course, that pretty much no one likes Ken. But I think a much more important piece of it was that the abuse of the previous night was known and understood, and so my behavior had context.

There followed a discussion in which I, hilariously, provided technical advice about how to make Ken go away. It was decided that asking the host of the party to remove Ken was the correct procedure to follow. This is in exact compliance with our current anti-harassment policy. Scott, as host, asked for time to consult with Irene, his wife and co-host. That took very little time, but I don't think Irene knew the context and absolutely she needed to be consulted. Also in accordance with our policy, the hosts asked a Board member, in this case Ann, to actually do the evicting. Which she did. And for which I was so very grateful. There was some talk about further bans of various natures, a one year ban from Minicon, maybe a longer one. Ctein brought up the issue that in smaller venues, such as Fallcon, he would not be comfortable with Ken there and there would be a good chance of unpleasant drama if they had to interact. I pointed out that Mnstf meetings are pretty damn small, as well. I pointed out that all of this is stuff that has to be handled at the Board level, that we didn't have a quorum of Board members, and even if we did, I wasn't really ready to deal with all this shit, even as a complainant. As the victim, I cannot actually vote on the outcome, but I can advocate for myself when the time comes. But the time was not now, and what with Ken living out of town, there wasn't any reason to do anything before the next scheduled Board meeting.

Tuesday, I got a call from Ann. Evidently, Ken reached out to Ann and wanted to make things right. He's going to see a counselor through the VA and she was talking about wanting to provide the counselor with properly anonymized information so that he can discuss it with Ken, and I lost my temper. Because really, Ken is not my problem and what I really want is for him to die in a fire, right now. It's been less than 24 hours. And I am frothingly angry, still damaged, and trying to involve me in his rehabilitation is just not on. I have no charitable feelings towards him, and should not be asked to. Ann also said something about wanting to be sure that Mnstf wasn't perceived as an organization that just casually bans people who one of the Board members do not like, and I agree that we don't want to do that, but I cannot cannot cannot talk about this right now. And I am still upset that she tried to do so. I know that she had good intentions. But framing Ken's rehab as a good thing for me makes no sense at all. It does absolutely nothing for me. And right now, if Ken wants to apologize to me, I am not having any, will not listen, and if he calls me I will scream at him until he hangs up the phone. Not having any. Which is, you understand, why I don't get to vote on the issue of what Mnstf should do to Ken. Because genuinely not judicial, here.

Date: 2015-04-08 04:31 pm (UTC)
From: [identity profile] dreamshark.livejournal.com
Ken is awful, has no concept of acceptable social boundaries and apparently no interest in learning them. But if it makes you feel any better, he is quite hard of hearing and probably couldn't even hear most of your conversation. He is also massively uninterested in other people, so even if he could hear you he probably wasn't paying much attention.

Sometimes he pretends to be more of a bonehead than he actually is so that he can claim that nothing he does is his fault. But it actually seems plausible to me that he didn't understand what you were upset about. He hid in the closet so he could crash in the consuite, which I'm sure he realized was wrong, but why should YOU be yelling at him for that? He may or may not have been listening to your conversation, and if he was listening he might not even known who it was. So his "what did I do?" act may have been genuine. People are always angry with Ken, and sometimes he loses track of just who is mad at him for what. In some ways that makes it even MORE creepy (it's like dealing with a social zombie). But it's not entirely unreasonable for him to ask.

I think if anybody wants to pursue banning Ken from Minicon, it should be over the specific and obvious offense of hiding in the closet after being told that he could not crash in the consuite. Accusing him of deliberately eavesdropping would just turn into a long and unpleasant confrontation that would prove nothing. Hiding in the closet is creepy because it COULD lead to eavesdropping (or voyeurism). But there is no way to prove that he was actually listening to you. And I think that there is an excellent chance that he wasn't. It would seriously pain me to have to side with Ken in an argument, so I propose that we not go there.

Date: 2015-04-08 06:33 pm (UTC)
laurel: Picture of Laurel with Garibaldi cardboard standup (me - with garibaldi)
From: [personal profile] laurel
FWIW, from what little I know of Ken from observing him over the years, Sharon's take on whether he heard or paid attention to the conversation seems accurate. I'm in no way excusing his behavior, but figure this might make Lydy and Ctein feel some consolation that their conversation won't be repeated to others (and may very well not have been heard in the first place).

I've also observed the behavior mentioned in her second paragraph. And agree with the third.

Date: 2015-04-09 12:05 am (UTC)
From: [identity profile] ctein3.livejournal.com
Dear Sharon and Laurel,

First, please read "Warm and Fuzzy" post because that's how I feel about both of you (among many others, of course).

Now, not that this bears on punishing Ken in the least, but nothing Lydy and I talked about was explosive. We were discussing some specific CCC matters and some intimate matters (both ours and our sweeties') and it was not for general circulation and some of it would be modestly embarrassing (for us and others) if it were public knowledge. But there was nothing of the nature of "Did you know X stole Y dollars from the treasury?" or "A is cheating on B with C and when B finds out..."

Not that I think Ken was paying enough attention to even attempt retaliation, but no one has to worry that there might be another shoe that could drop.

While I would largely agree with your assessment of Ken's mental state, it does not matter (or, more precisely, it works against him, because he really can't be counted on to behave better in the future-- this is beyond his control and capabilities).

Back in college, when I was considering Psych as my major, I learned three rules that are very good rules in real life. They're not flip aphorisms; they're profoundly useful. All three apply here--

a) An explanation is not an excuse.

b) You are responsible for the consequences of your actions.

c) You do not have to be evil to be harmful.

If one is playing lawyer around this stuff, and it would be an exceedingly bad idea to do so, Ken committed one single transgression against Mnstf:

--1-- He disobeyed a direct instruction from the concom.

But there were three consequential actions, which all fall on his head.

--2-- He committed tresspass against the hotel (their property, not Minicon's) by hiding in the closet.

--3-- By doing that he grossly invaded Lydy's and my privacy

--4-- in consequence of that, he aggressively engaged a mnstf member who was telling him, most forcefully and clearly, to leave her alone.


See rule b. Judging these individually and in isolation is a severe error in analysis and judgement. They are an integral package. Yes, one particular one or another might not be a firing offense. But we don't have one or another, we have the entire, connected combination.

Transgression 1 might be the only one where malice aforethought (or otherwise) comes into play. That so doesn't matter-- see rule c. And any considerations of Ken's state of mind go to both a) and c).

The board would NOT be on better or safer ground considering only one charge and ignoring the others. It would be a seriously misstep that puts them on much shakier ground and opens them wider to criticism and Monday-morning quarterbacking.

Also, legality doesn't enter into it. Mnstf's rules for membership and of conduct have nothing to do with governmental law. To behave otherwise would be another bad misstep. Dealing with this as if it were a legal matter? Do not go near that can of worms. Massive fail is in that can.


pax / Ctein
==========================================
-- Ctein's Online Gallery http://ctein.com
-- Digital Restorations http://photo-repair.com
==========================================

Date: 2015-04-09 04:02 am (UTC)
From: [identity profile] kalmn.livejournal.com
Ctein, are you on the CCC? After I had to step down, I lost track of who was on it. I find I am uncomfortable with CCC matters being discussed with people who aren't on the CCC.

Date: 2015-04-09 04:08 am (UTC)
From: [identity profile] ctein3.livejournal.com
Dear Betsy,

It turned out I was witness to some complaints, so my recollections were solicited.

I'm not on the CCC. It would be terribly slow process, all the way from California.

(I'm not local, in case you hadn't realized-- I just run in a bad crowd [g].)

pax / Ctein

Date: 2015-04-09 04:12 am (UTC)
From: [identity profile] kalmn.livejournal.com
Thank you; that makes more sense.

Date: 2015-04-09 02:32 pm (UTC)
From: [identity profile] lydy.livejournal.com
I think I have been careful and appropriate. I did not, for instance, name the other person harassed by Ken, whose information I was given as the C4. I described that situation because I thought it was relevant to the situation, not because it was a prurient detail. I have described my own experiences as the victim, I have not discussed any deliberations that the Board or the CCC have had. I have used Ctein's name, but I had permission from him to do so.

I am not trying to try this in the Courts of the Internets (gods forbid), but rather, am reaching out to my friends and trying to deal with what was a genuinely ugly situation. I do believe in process, passionately. I intend to give the process a chance to work. However, any process that attempts to prevent the victim of abuse from talking about that abuse in any venue they choose is, in my opinion, a broken process. If the process cannot stand up to the victim taking what appears to them to be appropriate control of the information, then there's a problem there and it's not with the victim. I have actually done a lot of thought and work around what can and should be done, and I had this opinion before I was the victim. As the victim, I have it even more strongly than I did before.

Date: 2015-04-09 02:50 pm (UTC)
From: [identity profile] lydy.livejournal.com
It's a little bit of comfort. I wish it were more. The uncertainty of it all adds to my anxiety. Did he hear anything? If so, which little bits? Hell, I don't even remember everything I said, and there I get upset again. The fact that he is not particularly interested in anyone else is...well, there it is, isn't it? Somehow, still not as comforting as one would wish.

Date: 2015-04-08 11:23 pm (UTC)
From: [identity profile] lydy.livejournal.com
It does not require him to understand why I am upset with him for him to back the fuck off when I tell him to do so. It requires him to back the fuck off. Which, really, no matter how bad his hearing was, he could hear. What he did, instead, was walk towards a person clearly upset and telling him to go away, and demand an explanation. That is genuinely not ok, in and of itself.

Date: 2015-04-09 12:12 am (UTC)
laurel: Picture of Laurel with Garibaldi cardboard standup (me - with garibaldi)
From: [personal profile] laurel
Complete agreement.

Date: 2015-04-09 12:19 am (UTC)
From: [identity profile] ctein3.livejournal.com
And... even if his hearing mattered, which it doesn't... he did hear. He didn't say "What?" or "Could you repeat that." He said "What's your problem?" and "What did I ever do to you?"

No need to indulge the hypothetical path that isn't even real.

pax / Ctein

Date: 2015-04-09 01:44 am (UTC)
From: [identity profile] dreamshark.livejournal.com
You missed my point. My reference to Ken's hearing impairment was only to point out that is unlikely that he actually overheard much of the conversation in the consuite.

This is not directly related to the incident later in the party. Indirectly, I suppose it is. If Ken was not actually eavesdropping, he may not have had any idea why Lydy was screaming at him. He still should have backed off instead of moving towards her, but that's a different issue. I'm just saying that he probably didn't overhear your conversation, if that's any comfort to you.

Date: 2015-04-09 02:06 am (UTC)
From: [identity profile] ctein3.livejournal.com
Dear Sharon,

Oops, you're right. I'm getting events jumbled.

I don't understand why I should be expected to keep the timeline straight, just because it happened to *me*. [vbg]

Getting punchy, mayhaps.

pax / Ctein

Date: 2015-04-09 01:58 pm (UTC)
From: [identity profile] skylarker.livejournal.com
This also applies to my mention of how oblivious he is, meant only - FWIW - as some comfort for any embarrassment, not as an excuse for his subsequent failure to respect Lydy's boundaries.

Date: 2015-04-09 12:33 am (UTC)
From: [identity profile] yarram.livejournal.com
I would also like to point out that Ken has had *decades* to learn how to behave appropriately. His hearing impairment as an explanation is only plausible without knowledge of his prior misbehaviors and acts of violence. This is merely one further transgression in an established pattern of such transgressions, and there's a point at which his confusion in the moment may be understandable, but there is a difference between unable to hear things due to hearing impairment and unwilling to hear things which contradict his internal narrative of the universe, and his pattern of behavior strongly inclines me to believe that the latter is the actual explanation for Lydy and Ctein's experience.

(I also mildly resent that "unable to hear" is implicitly used as an excuse for "unable to act like a decent human being", but that's my baggage, not yours.)

[Hi Lydy! I don't ordinarily read your LJ, but was directed here elseweb, and OMGWTFBBQ. Glad you and Ctein are getting needed support.]

Date: 2015-04-09 12:46 am (UTC)
naomikritzer: (witchlight)
From: [personal profile] naomikritzer
Yeah....I know a lot of people who are hearing impaired or Deaf. None of the others are assholes. Not only is the hearing impairment not an excuse, it's really also not an explanation.

Date: 2015-04-09 01:32 am (UTC)
From: [identity profile] dreamshark.livejournal.com
"His hearing impairment as an explanation..."

You missed my point. My reference to Ken's hearing impairment was only to point out that is unlikely that he actually overheard much of Lydy's and Ctein's conversation in the consuite.

Date: 2015-04-09 01:38 am (UTC)
From: [identity profile] ctein3.livejournal.com
Dear Sharon,

I knew what you were getting at. You were reassuring us, to help to make us feel better.

Hug,

Ctein

Date: 2015-04-09 02:18 pm (UTC)
From: [identity profile] lydy.livejournal.com
I guess it makes sense that someone, somewhere, would try to use hearing impairment as an excuse for bad behavior. I've known any number of people with a range of hearing impairments. In one case, I realized that I was misjudging some of his behavior because I was talking into his deaf ear, and once I knew that, everything came instantly right. (I thought he was ignoring me and talking over me. In fact, he could neither see nor hear me.) None of my friends with hearing impairments have ever used it as a defense for bad behavior. I get why you might have that kind of baggage, and am sorry you have to carry it.

Date: 2015-04-10 05:26 am (UTC)
From: [identity profile] dd-b.livejournal.com
As I understand the sequence and timing of events, it's not really believable that he was *intentionally* hiding there to eavesdrop. He went there for a fairly clear other purpose, before Lydy and Ctein formed the intention of having any discussion and hence before they could have even hinted at a location. Nobody that I've noticed has explicitly accused him of eavesdropping with intent, but I read it as creating a lot of the emotional charge behind the upset.

Second, by what I think are basic rules of social behavior, if for some reason you find you *can* eavesdrop through no intent of your own, you must withdraw, even if it's somewhat embarrassing. However, not knowing about Ken's hearing (and now having heard it's not too good), and not knowing the acoustics, and how concentrated he was on his reading, it's quite believable that he wasn't actually hearing enough to know he should withdraw. I can't think of any way to really settle this--I'm not inclined to trust his word for it.

Obviously, asking to be able to stay, and being denied, makes his presence in the closet solidly wrong.

In the history of conventions, though, I've heard *so many* stories of people being "clever" to avoid hotel security and sometimes concom members and finding a place to sleep unofficially. I'm having some cognitive dissonance here. One thing that, I think, is going on is that Ken has a long history, and nobody is inclined to give him any (further) trust or benefit of the doubt. That's something he's earned by his actions over decades, which makes it his problem., but that's not something visible to outsiders either, which can make some of the communication difficult.

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