In light of the Pariah Affair, in which Cincinnati Community Aid and Praxis’ (CCAP) published statement was instrumental in the process of determining appropriate action, we have been asked to contribute to the Red Clarion detailing our bylaws and protocols regarding sexual misconduct. Information regarding the incident including all published documents relating to the investigation and aftermath can be found here.

Introduction

The socialist left up to this point has collectively failed to combat gender and sexual chauvinism, abuse, and misconduct within the movement. While sexual misconduct is abhorrent in any case, it is particularly egregious when perpetrated by Communists, who are supposedly dedicated to ending oppression, exploitation, and chauvinism in all its forms. 

A detailed, materialist investigation has not yet been completed that explores why sexual misconduct is such a pervasive phenomenon on the left. Perhaps it is due to the fact that such an act is so antithetical to what it means to be a Communist, that no one expects it to happen, and thus our collective guard is down against potential perpetrators. Perhaps it is due to the fact that Communist circles, by virtue of their “alternative” status in mainstream culture and political discourse, attract members of oppressed genders and sexualities, who are the primary targets of sexual chauvinism and violence. Whatever the reason, sexual misconduct is a pervasive and ill-addressed issue in left organizing spaces. It is so pervasive, that it is no longer permissible for Communist groups to take a passive stance towards sexual misconduct. In other words, it is not enough to hope that it won’t happen, at this point we must anticipate that it will happen and put measures in place to address it when (not if) it does. Measures to prevent sexual misconduct from occurring are necessary, but because the Communist movement is not separate and isolated from our existing patriarchal and sexually violent society, it will be impossible to prevent every instance. Therefore, it is necessary to prepare to enact swift and decisive action when the time comes.

Basis Behind CCAP’s Bylaws

CCAP was formed, in a large part, in response to a series of sexual misconduct scandals that occurred in organizations in and around Cincinnati in 2020 and 2021. These included PSL’s sexual assault scandal in Philadelphia, which caused a massive, nationwide exodus from the organization, the interference into a sexual misconduct investigation within the Cincinnati and Northern Kentucky chapter of the DSA by members of that organization’s own steering committee, allegations of sexual chauvinism that split the New Afrikan Black Panther Party and dissolved the Ohio United Panther Movement, and a sexual misconduct scandal that effectively dissolved Cincinnati’s Socialist Alternative chapter. The founding members of CCAP consisted of both former members of some of these organizations and new comrades eager to get involved, all disillusioned with the state of the movement by these organizations’ failures. It was clear to us that it would not do to join one of the existing organizations and that it was necessary to form our own, and one of our first points of business must be to formulate strict policies combating sexual misconduct.

CCAP’s bylaws and Code of Conduct take a zero tolerance stance towards instances of sexual misconduct allegations, from outside or inside the organization. First and foremost, before any investigation even takes place, the victim and other vulnerable persons must be protected. Upon receiving the allegation, the accused person is immediately suspended from all work and activities pertaining to the organization. The second consideration is discovering the truth through rigorous investigation and assessing the allegations for credibility. An emergency investigation committee is established, tasked with conducting the investigation and preparing the results to be presented to the governing body of the organization.

Above all, such actions must be enacted immediately. In a situation as serious as sexual misconduct, time is of the essence. If the allegations are deemed credible, the accused member is immediately expelled from the organization and banned from organization activities indefinitely.

Why so harsh? After all, as materialists, shouldn’t we believe that no one is inherently evil and that anyone can be rehabilitated? Shouldn’t we give the offender an opportunity to correct their behavior and redeem themselves?

It was the Chinese Communists who proved that a person can be re-educated and rehabilitated regardless of status or deed by successfully rehabilitating the last emperor of China and collaborator of Japanese Imperialism, Pu Yi. However, they also proved that doing so was a resource intensive process, in which Pu Yi was effectively imprisoned and made to attend numerous struggle sessions and lectures over the course of several years. As such, our question regarding rehabilitation is not whether it is possible, but whether it is realistic to achieve at the current moment. At a moment when the global organized left has been at its weakest since before the Russian Revolution of 1917, we are not equipped with the resources, authoritative bodies, stamina, or time necessary to rehabilitate a person who engages in so severe and so damaging an act as sexual violence. For the time being, our duty to combat chauvinism and oppression and to fight for the liberation of oppressed genders and sexualities outweighs any moral duty we may have to “save” any one individual from their own actions.

Sexual misconduct is one of the most evil actions one can engage in. It is purely about short-term satisfaction of one at the expense of another, and not just in the physical sense. The victim is more than likely to develop psychological and emotional damage as a result. Should the investigation find the allegations credible, there is no struggle session, no self-criticism that is capable of reconciling these actions and rehabilitating the perpetrator. They must be dealt with, firmly and decisively. They must be prevented from harming others, to the degree that the organization is capable of ensuring.

Example Bylaws and Protocols

Situations as serious and difficult as these cannot be trusted to instinct. Mishandling of sexual misconduct cases is one of the foremost killers of socialist organizations at the present moment. What is needed is in-depth, specific, and decisive protocols that can be enacted on the fly. In keeping with our push for unity and the fostering of new Marxist organizations to build the base of a new party, CCAP’s bylaws are presented below as an example from which to learn.

Excerpt from CCAP Code of Conduct and Criticism Protocol

Extreme Situations

In the event that a member or members are accused of extreme violations of the organization Bylaws/protocols, sexual misconduct, or being infiltrators/bad faith actors, a much more rigorous and strict process of investigation is required.

All accusations of this nature must be taken seriously by CCAP leadership and the following protocols must be enacted immediately:

Extreme Violations of Bylaws/Protocol, Category 4 or 5 Errors

Violations of this nature may involve engaging in actions that would endanger other members or members of the community, attempting to strong-arm decisions or refusing to engage with the democratic process of the organization, threatening other members, or engaging in bigoted actions/language on the basis of race, religion, sexual orientation, gender identity, ability, class or monetary means, etc.

When a member is accused of engaging in such activity, it must be brought before the Central Committee, either directly or through another committee’s acting Secretary. When such an accusation has been brought before the CC, they should take the following actions:

1. The accused member should be suspended and not be permitted to participate in organization activities for the duration of their suspension.
2. The Central Committee must create a mediating/investigation committee to conduct an investigation into the accusations and determine their merit. This committee should consist of no less than three members.
3. The investigation should consist of meeting with the accuser, the accused, and if possible, both parties together to talk through the incident. The investigators should meet outside of these meetings to discuss the content of the conversations. They must also review any evidence that has been offered to support a claim.
4. When all the meetings have been conducted and a decision has been made, the investigation committee must prepare their findings for a report to the Central Committee. The report should include the opinion of the investigators as to the validity of the claims and suggested action to be taken to resolve the situation. The investigation MUST properly document their process from beginning to end for review by the Central Committee.
5. Upon hearing the report and decision of the investigation, the Central Committee will discuss and vote to verify the decision and to decide what actions to take going forward.
   1. Depending on the severity of the infraction, actions to take can include either one or multiple of the following:
      1. Mandated readings, lessons, or struggle sessions to communicate proper protocol and conduct. Suspension should continue until the action has been completed and the accuser/CC is satisfied with their progress.
      2. Written apology to the affected parties to be made public to the wider organization membership.
      3. Demotion from a position of leadership with a minimum period before they can be elected again.
      4. Expulsion from the organization with a set time period before they may attempt to rejoin.
      5. Expulsion from the organization for good.

If a member has committed a serious enough violation to be expelled, the Central Committee must prepare a statement to be delivered to the General Body to give all members context as to the nature of the situation. Additionally, the entire investigation including all evidence should be made available to the General Body, which should discuss to verify the decision and assess the integrity of the investigation. If the General Body determines that the investigation was mishandled, the investigating committee and/or the Central Committee must be placed under review by an interim committee appointed by the General Body to determine how and to what degree the investigation was mishandled.

It is important for both the General Body and Central Committee to not only see that the situation has been resolved, but also that the integrity of the organization remains intact.

Allegations of Sexual Misconduct, Category 5 Error

Allegations of sexual misconduct are serious violations that require absolute priority from org leadership. Too many organizations have dissolved or faced extreme controversy due to inadequate handling of instances of sexual misconduct. If an allegation of sexual misconduct is brought before the Central Committee, the absolute first priority is that the immediate needs and considerations of the victim-survivor are met, and that any vulnerable individuals are protected. The second priority is that the integrity of the organization is upheld by taking swift action to investigate and determine the correct course of action to address the situation.

The investigation process should largely follow the process outlined in the previous section with a few key differences. Meetings involving both the victim-survivor and the accused being present should be discouraged. The victim-survivor should not be put in a situation where they can be retraumatized by their abuser. If the accused is found guilty of the accusations, they must be immediately expelled without possibility of rejoining. They should also be prevented from attending any events that CCAP is involved in in the future. To this end, the entire investigation including all evidence and proceedings must be made available for all members of the organization to review. Depending on the level of publicity of the case and factoring in the victim-survivor’s wishes of anonymity and publicity, the General Body should assess whether to make the documentation of the proceedings available to the public.

While we believe in restorative and rehabilitative justice, without systemic power and the resources to properly rehabilitate someone, the best course of action is to remove the abuser from their victim-survivor and any other potential victims among org membership and members of the community. With permission from the victim-survivor, other organizers in the city should be given a warning about the violator.

Excerpt from CCAP Bylaws

Article VI. Criticism

6.1 Criticism and self-criticism are central to the operations of the Organization and maintaining a healthy organizing environment.

6.2 The official process of delivering criticisms is outlined in the Code of Conduct and Criticism Protocol.

6.3 Criticisms may be brought to any member by any member regardless of the hierarchical standing of either member.

6.4 Members are expected to participate fully and enthusiastically in the criticism process.

6.5 Upon request by any party OR the elevation of a criticism to a more official matter, a mediator may be chosen to facilitate the criticism process given the agreement of all involved parties.

6.6 If a criticism is leveled at a member and a mediator (or mediating Committee) deems the criticism valid AND the offending party refuses to engage in the process and/or correct their behavior, that member’s good standing status may be jeopardized. Decisions regarding that member’s standing must be discussed by a mediating Committee and the verdict brought before a meeting of the Central Committee.

6.7 If a serious accusation or allegation of misconduct or abuse is leveled at a member by any person (inside or outside the Organization), that member will be immediately suspended, and an emergency Committee will be established to handle the case. After a thorough investigation of the case including consulting both the accused member and the accuser/victim, a verdict must be reached and delivered to the Central Committee and approved by the General Body. Members found guilty of engaging in misconduct or abuse will be immediately removed from the Organization.

Conclusion

It is not possible for a single organization to eliminate sexual misconduct within the entire movement, it must be done through coordinated and collective effort. As such, we highly recommend that any and all organizations adopt policies such as this in their bylaws and other governing documents, using the above-quoted sections as examples from which to pull. Not only will it help to protect the members within your organization, but also the community in which your organization is rooted. 

As Communists, we must set the standard for exemplary conduct and commitment to the cause, for we are the guiding light by which the masses will navigate their future. You have a duty to your organization and to your community to fight for the liberation of the oppressed and to challenge any and all weapons set against them. You must take a proactive stance towards misconduct, and together, we can change the character of the movement for the better.