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Some Thoughts on Recent Posts
#1
These comments are simply my thoughts on some of the issues that have been aired recently on this noticeboard. The arguments are spread over several threads, which makes following them (or, if that is any reader’s wish, avoiding them) a bit of a chore. So I’ve put my views in this separate heading – so much easier to find, ignore or delete. I don’t claim to have greater wisdom or more knowledge than anyone else, but I’ve been around for a long time; I haven’t done much in my life, but I’ve seen a lot, and I’ve read a lot. I hope therefore that these remarks may achieve some good.

A lot of heat appears to have been generated by an incident involving a Scottish junior and a Chess Scotland official at an international tournament in Slovenia last autumn. From what I have heard or read of the incident, the official’s action was totally unjustified and totally unacceptable. The official himself knows that, and acknowledges it. But it also appears to be the case that no physical harm was done – and that the official had no intention of doing harm and no desire to do harm. The matter was subsequently referred to Chess Scotland’s Standards Committee, whose eventual decision was that the official should be removed from the list of registered coaches, but should be allowed to apply for reinstatement after six months (note: not “reinstated” but “allowed to apply for reinstatement”; there is no suggestion that reinstatement will be in any way automatic or a mere formality – and unlike at least one person who has posted on this board I rather suspect that considerably more than the six months will elapse before any such application is made).

The “sentence” or, more properly, ruling by the Standards Committee may or may not have been appropriate, but unless there is hard evidence to the contrary (which nobody has produced) we should accept that the Committee examined the case placed before them and came to their decision in good faith without interference from outside.

This was the first big case handled by the Standards Committee, and nobody should be the least bit surprised that it exposed gaps and weaknesses in the Committee’s workings. (No new construct, from jet engines to computer programs, works perfectly first time; testing, failing, tweaking, retesting, reworking – it’s a constant process, and sometimes it seems to go on forever; but that process does not invalidate the original idea.) Flaws have been identified and are being addressed, and we can hope that the system will work more smoothly the next time it is called into action. At any rate, it is absurd for anybody to assume that because the “sentence” wasn’t as severe as they wanted there must be corruption or other dirty tricks involved – and not just absurd, but probably libellous as well if such accusations are made in print (as they have been).

I’m quite sure I don’t know the full facts of what happened in Slovenia, nor do I know what evidence and testimony was presented to the Standards Committee, and therefore I cannot presume to claim that their decision was wrong. And I strongly suspect that the people who are up in arms about that decision also do not know everything – but then, who has ever needed knowledge of the facts to justify a witch hunt?

(I have no doubt that the current attempts to get the Committee’s decision changed, i.e. made far more severe, are driven more by personal animosity than by any desire to see a just outcome or to protect children – there was open animosity long before the incident; and I don’t recall any mention in the first six months after the incident of alcohol playing any part in it, but now, in some people’s view, that’s the big issue that requires a reopening of the case.)

The word “assault” has been used (not, I believe, in any post visible on this board, but certainly in a widely circulated email) as a description of the action of the CS official involved in the incident. There is a case to be made for the use of that word, but it should be remembered that assault is a crime – on this occasion, an alleged crime which has not been reported to the police, and for which nobody has been charged, tried or convicted. In short, anybody who says in writing that the official carried out an assault is leaving himself wide open to legal action. Only a court of law can determine whether the official assaulted the junior – “innocent until proved guilty” applies.

A recent post on this board referred to the junior as a victim – although that term is often misused, I have no doubt that it is a legitimate term to use on this occasion. However, the writer then goes on to say that the junior’s mother, who was present, was also a victim. I’m sure that she was, at the very least, alarmed, offended, angered and deeply upset by what happened. But does that make her a victim? I understand the reasoning behind that assertion, but the logic is dangerous: there is a clear line that can be drawn between persons on whom hands are laid and persons on whom they are not, but there is no clear line that can be drawn between close observers, not-so-close observers, distant observers, and ultimately people who aren’t present but hear about the incident. Are we to consider that people who like or admire the junior in question (and I count myself in both categories) and who were dismayed to learn of the incident (again, that applies to me) were also victims of the official’s act? And if they were, why should that matter? If I were to kill somebody who had no friends, would that be any less of a crime than to kill somebody who had many friends?

Finally, there has been a lot of talk about censorship and freedom of speech. Now I’m opposed to censorship, and strongly in favour of freedom of speech – without it, most of us would be slaves toiling in the fields for a political/religious elite. But freedom is inseparable from responsibility – in the case of freedom of speech, that’s the responsibility not to tell lies, especially about other people. If we believe that so-and-so is a liar or a tyrant, of course we must be willing to say so – but we must also present our evidence, and if that evidence turns out to be false we must be ready to accept the possible consequences.

Footnote:
I have been working on this posting for a large part of the past two days, and was contemplating what I was going to say for a good few days before I started writing. I have read over the paragraphs above repeatedly, and changed them more than once to try to ensure that they express my intent as clearly and unambiguously as possible. I would ask readers to read (and maybe even re-read) them with similar care, and not to find more there than I have written.
I have not named names, because my intent is not to attack or defend individual people, but to oppose or support ideas and opinions.
If I have an ulterior aim, it is to see peace and harmony within the chess community in Scotland – our limited energies should be directed to promoting chess and supporting each other in achieving that goal, not in fighting among ourselves.
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#2
well said Donald, its at times like this when the more respected and senior (sorry Donald!) members like yourself call it for what it is and people like yourself are what's needed to sort this mess out. Yes a lot needs to be done and there are more issues to be resolved. I may be wrong but I think too much supposition into the various facts has been made and I think (i'm sure like many others) that more transparency is required even if only for the AGM. I would personally like to see a huge number of members actually attend the AGM and cool, calm dliberations and arguments made over a number of issues made
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#3
A very courageous posting by Donald under the circumstances.

No doubt not everyone will agree with everything he says, but you have to respect the opinions of a past President who has been there and knows what it is like in the real world. As Ian says, people ike him are needed (more than ever).
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#4
an honorable and noble post. full of sense and conviction. also so very true. I hope everyone who has posted on here in the past year reads this and reflects on their behavior on this noticeboard. before anyone has a go i will also be reflecting too. Thanks Donald for the wisdom of Solomon.
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#5
Why - and how - did the Standards Committee become involved in this imbroglio? So, local resolution could not come into play in the particular circumstances. But, even before the - too specific? - proposed re-drafting of its Operating Procedures were posted, the existing non-specific format already provided for any disaffected party to appeal to the SC; but no complaint came from that direction. Or, at any rate, that is what the Minutes of the Council meeting state: rather, it came ‘unusually’ from the very people who were responsible for dealing with whatever had happened, and moreover who were empowered to do just that. Whose decision was it to refer the matter to the SC and why? And why did the SC accept this brief? In its Operating Procedures, ‘S.5 Instigation of action’ states: The Committee will not instigate actions into alleged breaches of Code, except on receipt of a competent complaint.

The Minutes of the Council meeting report that the SC took no evidence but was satisfied by written submissions - though not from the alleged injured party, who was notified (of what exactly?) by way of courtesy. Instead, these submissions came from the very people charged with dealing with the matter, and unspecified ‘others’ - who might they be? In itself, an admission of guilt is not an adequate reason to stop looking. (Perhaps, what was meant here was rehabilitation is preferable to persecution?)

Is it any wonder that questions should be asked of the SC? As well as professing ideals in its Code, it needs also to project them. A greater degree of transparency would not go amiss.

The SC is not part of the CS Executive. Its Rationale states ‘its primary role will be to develop and promote ethical standards among players, officials and other parties. It is hoped that the promulgation of these standards throughout the game will be even more effective (than imposing penalties) in reducing the incidence of undisciplined and inappropriate behaviour.’

The reality it seems is that the SC is still traversing its learning curve. We the members should give it time to develop and mature.

Correct procedure is basic to good governance, but it must be sound and it must be seen to be so. Why else do our courts provide Press and Public benches but to ensure that not only is Justice done but that it is seen to be done. How does the SC plan to promulgate ‘ethical standards’ if it does not publicise them?

Note: This post is not intended to be a comment on Donald’s fine oratory above. Rather, my focus is on the importance of procedure.
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#6
The "sentence" that the SC handed down was of course limited by the fact that one of the sanctions available to them had been removed by the voluntary resignation of the official from their post.
Perhaps, going forward, the SC should issue guidelines on how such an action (I think the legal term is "prejudicial") should be handled.
I get my kicks above the waistline, sunshine
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#7
Hi Alan
Not sure I understand your comment. It seems to me that you are implying that to have resigned having accepted that one did wrong was in some way the wrong thing to do. My understanding of 'prejudicial' is that is something that causes bias or harm and prevents a fair hearing.

I hope all those venturing to the AGM get the chance to have a good debate and get their views heard. I also hope that whatever the outcome it is accepted.
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#8
Mike Scott Wrote:Hi Alan
Not sure I understand your comment. It seems to me that you are implying that to have resigned having accepted that one did wrong was in some way the wrong thing to do. My understanding of 'prejudicial' is that is something that causes bias or harm and prevents a fair hearing.

I hope all those venturing to the AGM get the chance to have a good debate and get their views heard. I also hope that whatever the outcome it is accepted.

I thought that prejudicial was also understood to simply mean something basic like 'pre-judgment' - neither positive nor negative. On checking its definition just now, however, I was surprised to read that it doesn't have this meaning :\ I took from the context that Alan meant it in the form I've suggested but I'm sure he will clarify Smile
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#9
Alan Jelfs Wrote:The "sentence" that the SC handed down was of course limited by the fact that one of the sanctions available to them had been removed by the voluntary resignation of the official from their post.
Perhaps, going forward, the SC should issue guidelines on how such an action (I think the legal term is "prejudicial") should be handled.

The basic meaning of "without prejudice" is "without loss of any rights". I think that's what Alan had in mind- I've always used when offering a settlement out of court for settling disputed debts. I think we get the jist of what Alan means -ie the resignation could have influenced the ruling when it perhaps should not have - ( by lessening the impact of the sanctions)

Fair play to Donald, aka YODA, constructive input he has made.

Its difficult to even comment without getting dragged into the thick of it - to me it's time to learn lessons and move on. Going back is counter productive and what is it going to achieve? Almost all the issues are leading to some sort of policy change, such as a policy dealing with supervision and alcohol ( haven't seen it but one is already drafted on that I believe)

I believe there is already a consensus that we need these policy changes so providing we don't try and enforce them retrospectively (which is were the arguments will come) it will be much easier to debate and implement the changes needed.

Hopefully the AGM will be well attended - we might need some extra chairs!
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#10
So is the suggestion that someone is not allowed to resign if they do something they believe is wrong? (hope Stephen is listening!)

Resigning surely prejudices the proceeding against you, as you are after all admitting your guilt?

There could be a problem if by resigning you removed yourself from the reach of the SC and beyond punshment, but I do not think that is what is being suggested?
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