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: 2015-04-09 12:16 am (UTC)
jiawen: NGC1300 barred spiral galaxy, in a crop that vaguely resembles the letter 'R' (Default)
From: [personal profile] jiawen
Ken consistently ruins a lot of people's fun. These two things he's done (secretly camping out in consuite, and not backing the fuck off when asked to) go way, ultra far beyond ruining people's fun. I'll say what I've said elsewhere: Mnstf is not a court of law, it shouldn't pretend to legalistic procedures, and it doesn't require a legal standard of proof before taking action. I disagree with any notion of Mnstf trying to get Ken to show (how? in what way could that ever be satisfactory evidence, unless Mnstf pretends to be experts in psychology?) that he's reformed himself. It's not Mnstf's place to judge Ken's soundness of mind.

It is, however, entirely Mnstf's place to decide who's ruining our fun. Mnstf needs to tell Ken to go away and not come back.

Date: 2015-04-09 03:40 am (UTC)
From: [identity profile] lydy.livejournal.com
Plus one!

Date: 2015-04-10 05:38 am (UTC)
From: [identity profile] dd-b.livejournal.com
Since I was talking maybe somewhat legalistically just now, I should probably say that I agree entirely with this. When I talk about what we actually know or have evidence for, I'm not talking legal technicalities, I'm talking normal English.

I also agree with Jiawen's sentences after that, and the next paragraph, just to be entirely crystal clear.

I think it's very unlikely Ken hid there intending to eavesdrop, and that it's quite possible that he didn't actually hear even enough that it should have triggered the social decision to get out before it got worse. Citing either of those as a significant part of the case against him seems wrong to me; even by the standards that apply to this decision making, I don't think we know those things. I also think that his history is bad enough that there shouldn't be much of any slack available, and that the incontrovertible hiding in the consuite after being told he couldn't stay there plus the severe lack of slack is sufficient to support a ban of a year or three. (Then the party behavior, again incontrovertible, makes it considerably worse.)

Date: 2015-04-11 07:01 pm (UTC)
From: [identity profile] ctein3.livejournal.com
Dear David,

You're flirting with a fail I should have (and didn't) call out explicitly. It's "taking incidents in isolation." Failing to look at the entirety and observe the patterns produces suboptimal results (yet another way this is different from a court of law). A simple case is how it lets serial harassers stay in business. To put it in Josh's metaphor, it prevents you from figuring out what kind of toxin you're dealing with.

Removing certain incidents from the pattern because, in isolation, they seem "weaker" works kind of like throwing out the weakest pieces in a jigsaw puzzle. It doesn't improve the outcome.

Go to the reductio ad absurdem limit, and totally eliminating the pattern, there is no single incident in the whole cascade that justifies a ban from *ALL* Minnstf activities. Disobeying the concom and crashing in the suite could get you banned from cons but wouldn't be a reason to ban you from meetings and parties. Approaching Lydy and I at Scott's and not backing off when ordered to could get you banned from small events, but Minicon is large enough that it'd likely just result in a "keep-away" order. It's feasible, there.

It's only when you have the whole cascading chain of violations, all evolving from one single decision to reject the concom's decision, that the most reasonable result is a total ban. I am sure Ken did not mean for all that to happen. I am sure much was unintentional. But it was still generating an avalanche of damage from his decisions, and it is the total avalanche that matters.

Further (also goes to noting patterns), it's Ken. If my reading of his mind is correct (shrug, who knows?) he might be sincerely sorry for everything that happened. He might even, with a bit of prodding and patient explanation, issue an utterly heartfelt apology to everyone he wronged in this cascade. He might even promise, and fully mean it, that he will never do it again.

I think this is genuinely possible, and not even unlikely. And if it were someone else, and we believed they were sincere, it might result in a relatively short total ban, just enough punishment to satisfy the need for such.

Except... it's Ken. We know, from years of experience, that he is incapable of keeping that promise, even if he wants to. He's simply too lacking in certain necessary social capacities. Ken isn't being kicked out because (collectively) we loathe him . We loathe him for the reasons why he will (likely) be kicked out.

It's all in the pattern. That's what's driving the proposed penalty. Discarding pieces of it, not optimal.

pax / Ctein

(PS -- realizing that this may be being read so widely that some readers don't know the social relationships-- DDB is a very, very important person in both my and Lydy's life. I would trust him with my life to take care of me and protect me. Really. Just so you know that I know he's on my side and he knows I know.)

Date: 2015-04-12 05:28 pm (UTC)
From: [identity profile] dd-b.livejournal.com
This really sounds to me like you're arguing for taking into account things that might well not have happened in making our decision. That really bothers me, and I think it's the thing I've seen from the beginning that's been really bothering me. It's a very, very bad habit to get a group into.

I'm onboard, explicitly and already, with the "Except... it's Ken" piece. In fact I invoked that piece to point out that we *don't* have to judge him a deliberate eavesdropper to see the behavior as sufficiently problematic to require response.

Date: 2015-04-12 05:52 pm (UTC)
From: [identity profile] ctein3.livejournal.com
Dear David,

I think we're talking past each other a bit and are in violent (actually, not...) agreement. Ken invading Lydy's and my privacy is in our perception. He was there, where he shouldn't have been, while we had private conversation. We don't care about his intent, or listening ability or interest, or his state of mind. Of course, if we knew those, the case might have even been stronger (or not), but the written complaint I intend to make doesn't go to his state of mind or intent. In simple nonlegal terms, in trespassing on the hotel, he also trespassed on us.

The "except it's Ken" wasn't meant to refer specifically to the state of mind in the invasion of privacy, but to all the events as they objectively happened. That he can't reliably promise not to commit similar transgressions.

I agree that this is uncomfortable territory to be dancing in. Experience, though, as demonstrated that the more comfortable territory produces worse answers. The simple proof proves to not be the correct proof.

Durn.

pax / Ctein

pax / Ctein

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