Problematic Participant Process (3P)

Problematic Participant Process (3P):

Definitions

term definition
007 A person on shift to make decisions around sensitive or operational matters
Director A person currently serving as a director of Nowhere (Europe) Ltd, as detailed at opencorporates
Community elder A trusted member of the community, who meets these criteria:
  - is a serving company director;
  - served a board, site lead, or Malfare shift lead in the past or more than two occasions;
  - been a themecamp/barrio lead, or nowhere lead for greater than two years;
  - is, in the judgement of the Malfare Leads (collectively) to be good standing.
Convened members the on-duty site-lead(s), the on-duty Malfare shift-lead, the on-rota 007 operative
Malfare Cabin The Malfare on-site office
Malfare Lead A person appointed by the directors to hold to role of “Malfare Lead”, all year round
Malfare Shift Lead Person doing a Malfare shift, on site
Quorum 50 people
Serious crime an offence that may lead to imprisonment for five years
Site Lead The person, or persons scheduled or undertaking at the start of the process, the role of “Site Lead”
Sober Capable of forming logical and rational decisions

Objective

This protocol sets out the approach Malfare takes for responding to circumstances where a person (or multiple people) have caused a serious issue for a participant of Nowhere or Nowhere as an event ; use of on-site hired security; or request medical assistance, at all stages of the event: during build, during the event, during take-down, and applies when the quorum (as defined above) is met (by bodies on site).

At other times (off-site), the Directors and Malfare Leads decision is needed to exclude a person.

Automatic triggers

The protocol is automatically triggered (and the duty of all on-shift leads to enforce, but especially the Malfare Shift Lead’s) under these circumstances

  • When a theft, sexual assault, negligence, carelessness incident is reported;
  • Reports of menacing and/or predatory behaviors;
  • When a serious crime is reported;
  • Breach of the fire regulations;
  • Third substantiated / actioned noise complaints for individuals, camps, installations &c;
  • Actions & incidents that jeopardize the future of the event;
  • Continual risks to self;
  • Continual risks to others;
  • When one (or more) participant or incident consumes greater than five hours of any on-duty person’s time (including when said person is off-rota);
  • When attention is brought to Malfare, of a participant who may be vulnerable (in the views of either laymen, or appropriately qualified professionals);
  • Situations when greater than 100 participants from beginning to end of the festival are exhibiting common symptoms (see also: health outbreak protocol).

Manual triggers

Under these circumstances, this protocol may be brought into action:

  • At the discretion of one of the on-duty leadership team;
  • At the discretion of the Malfare Lead(s);
  • At the request of a Director;
  • At the request of Red Cross, or the licensed contracted security team.

Rules for a ‘3P’ (“problem participant process”) meeting

  • The following people are needed to create a plan of action for the problematic participant(s):
    • Malfare Shift Lead (“MSL”)
    • Pre-selected community elder (“007”)
    • On-duty Site Lead(s) (“SL”)

  • All of the above must be involved to create a plan.

  • No one else is involved in meeting. If more information is needed, the meeting can be adjourned and more information gathered.

Conflict of Interest

  • None of the above individuals may be related to or close personal friends of the potential evictee, as this would constitute a conflict of interest.

  • If any member of the panel has a conflict of interest, an alternative must be found.

Roles

  • Malfare Shift Lead — represents the health and safety interests of the potential evictee;
  • Site Lead/007 operative — represents the interests of the event.

Actions

These are a few example actions/courses of action which may be undertaken by the convened members.

No Actions

Due to the details understood by the group, no action is taken. An incident report will be filled out.

Verbal warning

For minor issues, a verbal warning may be issued stating that there was a discussion about the event(s) and that while no action is being taken, they should understand that their actions have been discussed and any further issue will not be treated lightly.

Written warning

A written notice stating that they understand and agree/promises to avoid further confrontation/disruptive behavior or else they will be evicted with no further questions or discussions.

Friends responsibility

Have friends take responsibility for the individual with the understanding that if the problem continues the individual will be evicted with no further questions or discussions.

Move away

The potential evictee agrees to move their tent/camping space to another area of the site to avoid confrontation/creating further problems.

Can we all agree

A compromise is reached which the potential evictee and any others involved all agree on.

Eviction

If it’s felt that a person needs to be evicted from the event, the convened members will decide. All members must be in agreement for an eviction to take place.

See below for the eviction process.

Calling the police

Various events per our protocols already stipulate calling the police: this protocol does not change that. In some situations, it may be the judgement call of the convened members to request that the police assist us.

Unanimous agreement should be sought, but if agreement can’t be reached within an hour of the meeting starting, a two-thirds or above majority may prevail.

Requesting medical attention or interaction

The on-site Red Cross team may be asked to perform a check-up on a person to determine their medical state.

Unanimous agreement should be sought, but if agreement can’t be reached within an hour of the meeting starting, a two-thirds or above majority may prevail.

Authorizing use of on-site hired security

If time permits, then unanimous agreement should be sought, but if agreement can’t be reached within an hour of the meeting starting, a two-thirds or above majority may prevail.

If, due to the rapid nature of an incident, then an on-duty Malfare Shift Lead, on-duty Site Lead, or Malfare Lead may direct the on-site security team in to action. These actions can range from escorting someone off site, putting hands on a participant, and using restraints.

Nowhere Eviction Process:

When can someone be evicted?

  • For suspected criminal behavior (theft, physical assault, sexual assault, rape);
  • For harmful or threatening behavior towards other participants (preferably after receiving at least 1 warning if the situation allows it);
  • Only if all convened members agree on eviction.

Eviction rules

  • Eviction decisions are made behind closed doors, away from everyone else;
  • Eviction decisions are made only by the convened panel, and only in unanimous agreement;
  • Actions should consider the longer-term effects of the event: decisive action at the start makes things far easier to deal with;
  • If there is no agreement, an alternative solution needs to be found;
  • The safety and welfare of the evictee should not be compromised by their eviction (See Moral Imperative);
  • Neither the directors’ liability or the event’s insurance should be compromised.

Moral Imperative

Despite the decision to evict someone, the logistics may make the execution of this tricky.

If the individual is not sober or well enough to leave site right then on their own —

  • The potential evictee sobers up at Welfare Enough or Malfare before eviction;
  • The potential evictee stays at Malfare, under supervision, until morning when transportation and other services resume;
  • Have on-site security be near the person and in control of the movement of the person.

NOTE: in cases where a participant is out of control, volatile and poses an immediate threat to themselves or others around them, law enforcement must be called.