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381. As a general comment (admittedly easily made where this this Panel is not subject to the same urgencies and organizational hazards of rumour mongering and the pending departure of the only informant Hasson) a spirit of organizational justice explored and established in 2011 may have assisted in avoiding this present 2018 organisational debacle. If there had been less urgency, more openness, involvement of more than just the rumour mongering clique, staff meetings, calls to all members of staff for reports and concerns on a confidential basis (not only concerning Isaacs) on all issues of race and class and hierarchy as well as sexual misconduct, slowly arranged hearings with full opportunity for expression of feelings and challenge of problems, examination of what constitutes ‘workplace’ behavior as opposed to that within the ‘orbit’ of the organization, assessment of power dynamics and the care and consideration required in all interpersonal interactions of the organization (gender, race, class) – with perfect hindsight greater attention to the culture of the organization may have been and may yet be helpful.

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iv. Insofar as ‘Jane’ writes that “it wasn’t very pretty and there were threats involved from his side” there is still no indication of sexual harassment or other misconduct or the nature of the “threats”. By the beginning of April 2010, there were already gmails which were circulating from persons other than Isaacs about how ‘Jane’ had let a group down in failing to produce a documentary or refund the money she had been paid. Isaacs did not give a date as to when he had confronted her and pointed out the obvious – which was that she would not again be asked to do work for which donors/funder paid if she behaved like this. Achmat did not say what he believed the “threats” to be but he did know about the incomplete project and ‘Jane’ went on to say that “I feel whether true or not, that I got sidelined quite badly because of this” which suggests that the critical response to her non-production of the documentary had had unfortunate activist or professional consequences for herself. In fact, she compounds that impression by continuing “[t]his may have something to do with how my question got taken out of context”. Since it was not Isaacs, but persons identified as Yana and Richard, to whom she had made the comment/question, her being “sidelined quite badly” because of or in relation to the “Jewish intellectuals” again gives no indication of any misconduct by Isaacs.

In 1978, at the defense table with his two lawyers, the 55-year-old Walus wore his iron-gray hair closely cropped in a crew cut. By now, he was a retired assembler of diesel engines, a naturalized American citizen living on an accident pension on the Southwest Side. He was accused of having been a member of the Gestapo and of concealing that fact on his application for alien residency. He was also accused of acts of murder, but this was not a murder trial. It was a civil case, a denaturalization proceeding to revoke his citizenship; and, in the sometimes perplexing logic of law, evidence of murder was being used only to establish his membership in the Gestapo.

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382. Insofar as paragraph 20.1 of the Terms of Reference of this Enquiry is concerned, where this Panel is required to look at and advise on the organization, we note that Equal Education in 2011 differs greatly from Equal Education in 2018. This Panel has not visited or consulted with or questioned past or current staff or Board members and it may not prove possible so to do. We may find that the Panel does not have the appropriate skills sets in this area. In any event, our comments on the 2011 hearing and the matters which gave rise thereto and the response thereto are hindsight observations and our critique of personalities, events, organizational structure have now changed by the effluxion of time. Any views of this 2018 Panel would require greater knowledge of the organization both in 2011 and 2018 and can be of little practical assistance at this point in time.

401. Again, I had volunteered and did prepare a draft Report on the entire process. I was mindful that, although we each individually seemed to have reached more or less the same views and possibly the same result in our work, I could not always hope to adequately represent the exact views or approaches, the nuances or the distinctions of each individual Panel member.

Darlene Marcos Shiley is the president of The Shiley Foundation and a renowned patron of the arts, medical research, and education.

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154. We were referred by Counsel to the ILO Sample Sexual Harassment Policy and the Australian Human Rights Commission Good Practice Guidelines which are to similar effect as also to a number of policies adopted in the U.S.A., academic articles thereon and reported judgments. I can only but approve of the approach of the Human Rights Commmission of Australia which posits ‘fairness’ as an essential element of a good complaint process in the following terms:

On May 30, 1978, Judge Hoffman found Frank Walus guilty on all four counts of the complaint and ordered his Certificate of Naturalization revoked. I tried to talk to Bob Korenkiewicz, Walus’s attorney, in the courtroom after the decision, but he was surrounded by reporters. A few days later, I reached him by phone and made an appointment.