SC 2763 Nov. 2-3 (Nova Roma)

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This senatus consultum was proposed a.d. IV Non. Nov. ‡, P. Memmio K. Buteone (II) cos. ‡ MMDCCLXIII a.u.c..

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P. Memmius Albucius
censor, prev. cos.

Item III - Sexual harassment – request from former sen. Moravius - official position of Nova Roma (adopted text)

The text

The Board of Nova Roma, after the report by its first co-president of the letter received from Mr Reali, aka M. Moravius Piscinus, former member, adopts the following declaration :

The Board of Nova Roma inc. takes good note of the allegations reported by Mr Reali.

However, these allegations remain general ones and have never been supported by an official request directly addressed to the Board or to Nova Roman officers by a concerned supposed victim(s).

No information or evidence has been brought that suggests that such alleged behaviors would have been committed inside the organization, between its members and because their quality of members of Nova Roma.

No element has been brought, by a member of Nova Roma, to the knowledge of its Board or of its officers, to lead the Board to state that any of Nova Roma members (“citizens”) had been placed in such a situation that it would require an immediate intervention of the Board or of the officers of Nova Roma.

If ever such a situation would have occurred in the past, and specially in 2008 cc., when Mr Reali was co-president of Nova Roma, the Board has no doubt that he would have taken any necessary measure, in the frame of his own powers of co-president, to have these alleged behaviors stopped at this time, or reported to the relevant national authorities.

The Board, according the limited information in its possession, thus considers that the allegations communicated by Mr Reali do not concern Nova Roma as such but, if they were proven, concern the non-corporate activities of persons who may or may not be members of Nova Roma. As such the scope of the alleged activities seem out of the control of Nova Roma to either investigate or take action on. These alleged facts are subject to the penal Law of the countries they reside in.

The Board of Nova Roma thus considers that the allegations, as communicated by Mr Reali, are matters that would fall under the competency of the concerned country, state and/or federal courts.

But the Board, using the opportunity of M. Moravius Piscinus' letter, wants, even if the Maine as the Federal regulations on “sexual harassment” address mainly the field of the relation 'employer-employee', to go on record as stating Nova Roma considers that :

• members, despite their commitment in the Corporation, remain naturally citizens who depend of their personal Law, or of the penal Law of the country where they live, work, and act generally ;
• the Corporation naturally brings its support to the respect for and application of all the laws of the countries where a member of Nova Roma lives, including the ones who deal with sexual harassment ;
• all our citizens-members must keep in mind that both cultural variety and various identities (national, religious, philosophical ones...), that can be encountered inside Nova Roma are one of its main characteristics, and what looks as a normal behavior for a member may not been received as such by another ;
• beyond these differences, the respect of the Roman virtues, which should be the common good and goal of every member should allow her/him to recognize immediately whether a behavior is appropriate or has gone beyond the acceptable limits ;
• Nova Roma reaffirms, if it were necessary, the natural equality guaranteed to both genders, within the framework and specific nature of its organizational structure, and that it intends going on treating both women and men first as Nova Roma members first.

The present declaration will be published in the official electronic lists of discussion open to every member, and a copy of it sent to Mr. Reali.

____________________________1st attached – letter received on Nov. 6, 2010 from Mr Reali________________________________

To the Co-Presidents and Co-Secretaries of NR, Inc. 

Dear sirs 

I strongly protest the effort that has been made over the past several months to exclude me from email lists used for corporate communications. This has been a denial of my rights of membership and my privileges as a Director and former Co-President.

  I demand that the Co-Presidents post a financial report immediately. Such reports were posted quarterly when I was Co-President in 2008 and kept up to date, but no accurate or official reports have been posted this year.  

The current meeting of the Board of Directors must consider a motion to expel Robert Woolwine, Stephen Phenow, and any others who engaged in sexual harassment of female members of the Board. I have made the activities of these two men known to the Board and relayed the complaints of others about them to corporate officers and to the Board on different occasions in 2000, 2001, 2005, 2007, 2008, 2009, and 2010.  The Board has never taken any action to curb such misconduct. Therefore unless the Board expels these individuals, it must be regarded as culpable in such offensive activities.  

As the leader of the ministerial staff I find it especially appalling that the officers and Board of Directors of a non-profit corporation that holds itself to be a religious organization continues to tolerate the sort of behavior exhibited by Robert Woolwine and Stephen Phenow. I will not associate with such a Board of Directors any longer.

I therefore resign from the Board of Directors.  I resign in protest to the insensitivity of the Board of Directors on this issue of its members sexually harassing women, and for its retention of these individuals who have verbally assaulted, intimidated, threatened and solicited female members of the Board, female officers, ministers and regular members of Nova Roma.  Unless the Board of Directors takes steps immediately to correct this situation, I shall instruct all ministers and co-religionists to disassociate from your organization for its continued abuse of women.  The sacerdotes and ministers of the religio Romana will no longer be affiliated with such an organization that is so contrary to our principles, so immoral, and so disrespectful towards our co-religionists that its Board of Directors would excuse, condone, and in some instances participate is such misconduct.  

Sincerely yours

Rev. J. J. Reali, ULC

---(2nd attached to the proposal voted by the Board)additional legal tracks on “sexual harassment"--

Here are below a few tracks, in order to give every members of the Board first directions and a basic knowledge on the matter. Naturally, these first tracks do not pretend replacing the expertise of a lawyer or by specialized public services.

The part of Maine Law which treats of this matter is the Maine Human Rights Act. You may find it on line at : http://www.mainelegislature.org/legis/statutes/5/title5sec4572.html

The federal provisions may be found in the title VII of the Civil rights Act of 1964. You may see: http://www.eeoc.gov/laws/statutes/titlevii.cfm

specially its section 3.

You may also consult :

http://www.eeoc.gov/laws/types/sexual_harassment.cfm

and the sub-links in the chart located at the bottom right

One contains a Chapter 14 called “Equal employment opportunity commission”, which includes a part “1604--'guidelines on discrimination because of sex' “.

To consult also usefully :

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1604.11.pdf

specially :

http://www.eeoc.gov/policy/docs/currentissues.html

You will state that both (State and Federal) legislation or recommendations have mainly focused on the relation “employer-employee” and in the occurrence of sexual harassment in the workplace. Nevertheless, the definitions which are given on this expression may be useful, for every one, to build her/his own opinion.

Votes and opinions

• 9 UR : xxxx
• 2 ABS
• 1 ANT.