On Friday, WisCon posted a statement that read in part:

The WisCon committee has completed our harassment review process with regard to Jim Frenkel, who engaged in two reported violations of WisCon’s general and harassment policies at WisCon 37, in 2013 … WisCon will (provisionally) not allow Jim Frenkel to return for a period of four years (until after WisCon 42 in 2018). This is “provisional” because if Jim Frenkel chooses to present substantive, grounded evidence of behavioral and attitude improvement between the end of WisCon 39 in 2015 and the end of the four-year provisional period, WisCon will entertain that evidence. We will also take into account any reports of continued problematic behavior.

Natalie Luhrs has posted a roundup of some reactions. There’s a great deal of anger and frustration over poor communications, procedural failures, and more. I’m still reading, but my initial reaction is that the whole thing has been a mess that went rolling down a hill of mistakes, snowballing into a giant boulder of crap.

I’m still catching up on the conversation, and a lot of people have weighed in more thoughtfully and eloquently than I could. (See Natalie’s roundup for links.) One thing I wanted to talk about, however, was the “provisional” aspect of WisCon’s statement. Because my initial gut-level reaction was that it seemed reasonable to allow for the possibility of growth and change.

A little while back, I responded to an article titled, “The Naive Idiocy of Teaching Rapists Not to Rape.” The thing is, rapists can learn not to rape. People can and do change, especially when they’re confronted with consequences and forced to look at their own actions.

I’ve worked with college students, mostly men, in an early intervention program where we tried to help people recognize and change their own aggressive, boundary-crossing, harassing behaviors. I’ve sat in on batterer’s groups. I’ve spoken with pedophiles after their release from jail. My wife has designed and run domestic violence groups. My father spent much of his life working with juvenile offenders who had committed assault, robbery, rape, and more.

People can change. It’s kind of a no-brainer. Our behavior changes throughout our lifetime. We learn new habits, new values, and new choices. I’ve said and done things in the past that I wouldn’t dream of doing today, because I’ve learned better. We all have.

Does that mean all rapists and harassers will come to see the error of their ways if we only give them another chance? Of course not. Some people go right back to the same pattern of hostile behavior. But others can and do come to recognize the harm they’ve done to others, and find a new path.

I believe very strongly that there should be consequences for our actions. But I also believe in education and rehabilitation.

I don’t know if Jim Frenkel will ever truly accept responsibility for what he’s done, or if he’ll change a pattern of harassing behavior that goes back decades. He seemed genuinely remorseful when he spoke to me about this several years ago, but his behaviors didn’t change.

I hope this time is different. I hope the consequences of his loss of employment and being banned from his local convention force him to confront his choices, and that he comes out a better man.

The problem is when we choose to make his growth and change more important than the safety and security of his victims and potential victims.

When you’ve wronged someone and they throw you out of their life, you don’t get to force your way back in to prove that you’ve changed. You don’t get to violate their boundaries because you want to apologize. If the wronged party chooses to forgive and to allow you back into their lives, that’s one thing. If they choose not to, then you need to accept that loss as a consequence of your actions.

WisCon banned a known serial harasser on a relatively short-term “provisional” basis. While I share the same philosophical hope and belief for change, they’ve taken the choice away from his victims.

WisCon is not a judicial body. They are not a rehabilitation program. In my opinion, they are not qualified to judge the sincerity of serial harassers, many of whom have spent years or decades learning to hide their behavior behind the mask of the “nice guy.” Their job is to investigate complaints, and when those complaints are found to be valid, to take steps to protect their membership.

Protection for Frenkel came in the form of WisCon’s investigation process. I believe every complaint should be investigated and decided based on evidence and testimony. In this case, there have been multiple people reporting incidents, with multiple witnesses backing them up. According to the WisCon Harassment Policy, Frenkel also has the right to appeal the decision. Again, I think that’s reasonable.

But throughout this process, despite what I believe to be the best of intentions in a difficult and ugly situation, WisCon has failed to protect its members.