[外絮] 關於Sarver處分The Athletic 長文FAQ

來源: The Athletic
https://bit.ly/3RKyZzl
另外名記者Sam Amick自己也有寫一篇 措辭更加強烈 但我只有手機懶得翻了XD

內容:
The NBA punished Robert Sarver Tuesday after the conclusion of a 10-month-long investigation of the Phoenix Suns and Mercury owner. Sarver has been suspended for one year from having any role with the two organizations, and has been fined $10 million.

NBA在長達10個月的調查之後星期二懲罰了太陽與水星隊老闆Robert Sarver。他被從兩隊的管理層停權一年並罰金10M。

The suspension came after the NBA hired a law firm to look into allegations of racism and misogyny by Sarver in an ESPN article published last November. The investigation, performed by white-shoe law firm Wachtell, Lipton, Rosen & Katzn New York, looked into his 18-year tenure at the helm of both franchises. The league published a 36-page report of its findings, documenting a long list of transgressions by Sarver.

這個處罰是在NBA在去年11月一篇ESPN文章指控Sarver種族歧視與仇女後委託法律事務所調?的。這是由紐約白鞋所(指精英級別的法律事務所)Wachtell, Lipton與Katz事務所接手了Sarver長達18年份、2支球隊的擁有歷史的調查。聯盟出版了一個36頁的報告並記錄了Sarver?滿的踰矩。

Sarver, the report found, used the N-word “at least five times in repeating orpurporting to repeat what a Black person said — four of those after being toldby both Black and white subordinates that he should not use the word.” He disparaged women in the workplace, including telling a pregnant woman she would not be able to do her job after she became a mother, and engaged in “unequal treatment of female employees.”

Sarver如同報告發現的一般,使用N-Word”至少5次重複或惡意模仿黑人講這個字-4次是在黑人或白人下屬叫他不要講了之後。”他在工作場合輕視女性,包含了告訴孕婦他在生下小孩?將會被開除並涉入了”對女性員工不平等的待遇。”

The investigation painted a picture of a hostile workplace, headed by Sarver, who would embarrass employees and make them feel uncomfortable with behavior thatranged from what the investigation called “sophomoric” to discriminatory. Butfault did not lie with Sarver alone; the investigation found that the Suns organization was a “difficult place for women to work, particularly if they have young children” and that executives occasionally treated women differently there than men.
“Sarver believed workplace norms did not apply to him and viewed common conventions as to what language he should use and what conduct he should avoid as a form of challenge,” the report found. Additionally, the report notes that “witnesses said that Sarver’s workplace actions often seemed intended solely to provoke a reaction from employees — to embarrass them or assert dominance over them.?

這個調查刻畫出了Sarver所領頭的高敵意工作環境。他會作弄員工並用報告指稱的”二年級小朋友”至歧視性的行為來使員工不舒服。不過這並不只是Sarver的錯;調查指出太陽隊是?”對於女性,尤其是已經有小孩的女性來說很艱難的職場”且管理層經常性的對女性有差別?遇。調查指出”Sarver認為一般職場的規矩對他並不適用且對於正常的規範嗤之以鼻並認為刻意違反他們是一種挑戰。”另外,報告說”目擊者證實Sarver的職場動作常常是為了引發?工的反應—藉此使他們難堪並展現自己的高高在上。”

Here is an FAQ as to what we know so far about Sarver and the Suns, as a resultof the NBA’s investigation.

這裡是關於NBA調查結果的FAQ

What did the NBA find in its investigation?

NBA在調查中發現了什麼?

The report, commissioned by the league, outlined a troubling pattern of behavior by Sarver that included his use of racial epithets; that he “used language and engaged in conduct demeaning of female employees;” that he made crude jokes about the physical appearance of women — including female employees of the Suns;that he twice made male employees uncomfortable by getting naked or showing hisgenitals; and that more than 50 “current and former employees reported that Sarver frequently engaged in demeaning and harsh treatment of employees… that on occasion constituted bullying under workplace standards.”

這份由聯盟認證的調查細數了Sarver很有問題的行為模式,其中包含了他對於種族歧視性綽?的使用;他”用言語及涉入一些羞辱女性員工的行為”;他會對女性外表開一些很粗糙的玩笑—其中包含了太陽的女性員工;他曾經藉由裸露與秀出生殖器2次造成男性員工的不適(抱歉我停一下 嘔嘔嘔嘔嘔嘔);並超過”50名現任與前任員工檢舉Sarver曾對他們有過羞辱以及?薄的對待…這構成職場標準下的霸凌行為。

The report did not deduce a definitive reason for his actions, but its authors wrote that “Sarver often acted aggressively in an apparent effort to provoke a reaction from his targets; Sarver’s sense of humor was sophomoric and inappropriate for the workplace; and Sarver behaved as though workplace norms and policies did not apply to him. Witnesses observed that Sarver “lacked a filter” and“
thrive(d) off” saying and doing things to make others uncomfortable.”

報告並沒有明確的指出他這些行為的原因,但作者寫道”Sarver時常積極的要引起他目標的?應;Sarver的幽默感對於職場極其幼稚與不適當;且Sarver的行為表現出職場規範與政策在他身上並不適用。目擊者觀察到Sarver完全不過濾並不在意他的言論和做一些讓其他人不舒服的事。”

How did the law firm obtain this information?

法律事務所如何取得這些資訊的?

Investigators at Wachtell, Lipton, Rosen & Katz began work in Nov. 2021 and reached out to every employee currently employed by the Suns, to more than 150 former employees, and had 20 former employees reach out on their own. The investigators ended up speaking with 320 people — including Sarver and 12 Suns minority owners. The Suns waived any nondisclosure agreements in effect after being asked by the investigators. They reviewed more than 80,000 texts, emails, and documents from Suns employees. They also watched 51 archived Suns employee meetings. TheSuns cooperated in full, the report said. “Early in the investigation, the investigators learned that the Suns’ HR department had historically maintained poor records, and, accordingly, the HR files received by the investigators were limited in number, incomplete, and disorganized,” the report said.

律師事務所的調查於2021年11月開始,聯絡了每一位現任太陽員工,多於150位的前員工,且有20位主動聯繫了律師事務所。調查者到最後與320個人聊過—其中包含了Sarver與12位太陽?東。太陽隊在調查者要求之後也放棄了所有保密協議。他們審視了80000份太陽員工的簡訊,email與文件。他們也看了51份太陽會議的存檔。太陽隊完完全全地配合。報告指出”調查?期,調查者意識到了太陽人資部門有不好的歷史紀錄,並指稱太陽人資給出的檔案數量有限,?缺且紊亂。”

Sarver was interviewed and his work and personal emails were reviewed. As was his phone, which was “forensically imaged and reviewed for materials responsive to the investigators’ requests.”

Sarver有被訪問且他的工作與個人ema都有被檢視過。也如同他的手機,”法醫式的投射並負責任的依照調查者的要求檢視這些證物。

Why does the NBA have the authority to punish Sarver?

為什麼NBA有這個權威可以處罰Sarver

The investigation found that Sarver’s actions were in violation of the Suns workplace policy and the NBA Constitution. The latter gives commissioner Adam Silver the power to investigate issues that could impact the NBA in a negative way to impose punishment in the best interest of the league.

調查發現Sarver的行為違反太陽與NBA機構的職場政策。後者給主席Adam Silver以他造成NBA負面影響為由處罰他的權力以獲取聯盟的最大利益。

What exactly did Sarver do?

Sarver實際上做了什麼?

Sarver used the N-word at least five times, including in a 2004 recruiting meeting with a free agent, during a team-building exercise, and at least twice retelling an incident with a player’s family member. “As early as 2004, Sarver was made aware that he should not use the N-word even when repeating another perso’s use of it,” the report said. After Sarver used the N-word during the 2012-13team-building exercise in front of players and some coaches and front office staff, summarizing what a player had said, a team representative told him he couldnot say the word.

Sarver使用了N-Word至少5次,其中包含了於2004年與一名自由球員的招募會議(難怪沒人要?笑死)與球隊建築內運動並至少2次於一場與球員家人的事件中覆述。”早在2004, Sarver早已被告知他不該在另一個人講的時候復述。”報告指出。根據一個球員說, 在Sarver 12-13年在球員與一些教練面前,在球隊代表早告訴他不該講這個字的狀況下用這個字。

In October 2016, after a game against the Warriors, Sarver complained to a Black Suns coach that a Black Warriors player was allowed to say the N-word without punishment. The report recounted the interaction: “Why does (the Warriors player) get to say (N-word, N-word, N-word, N-word, N-word)?!” After the coach said,“You can’t f—ing say that,” Sarver replied, “I can’t say (N-word, N-word,
N-word)?” Sarver then sent an email to the NBA league office complaining aboutthe officiating during game, mentioning several other instances, but also “he purported to quote the Warriors player as saying the N-word spelled out with an ?a” at the end,” according to the report.

在2016年10月一場對決勇士的比賽後,他對太陽黑人總教練抱怨為啥黑人勇士球員可以說N-Word而不被處罰。報告回憶了互動情形:”為什麼(某勇士球員)可以說(B B B B B太長了 我?))?!”教練說”你他X的不准講”Sarver回道”我不能說(B B B)?” Sarver接下來便寄了一
封email至聯盟判決相關的辦公室,翻出一些不相干的事,並”扭曲了該勇士球員原本是a結尾的字至er結尾的N-Word。”

The investigation found that Sarver “engaged in inequitable and demeaning conduct toward female employees, including bullying.” He told one pregnant female employee in 2008 that she could not continue in her role coordinating an event because when the event was to occur she would have already given birth. “Witnesses recalled Sarver saying, in substance, that the employee could not perform the assignment because she would be “breastfeeding” and her “baby needs their mom, not their father,” the report said. The woman became upset and cried. Anotheremployee who had witnessed the event later told Sarver that he had not handled that situation properly; Sarver and a lawyer later called that witness and the lawyer told her Sarver didn’t do anything wrong and “Sarver then criticized thewitness for questioning Sarver’s judgment.” The pregnant woman kept her job.

調查發現Sarver”涉入對女性員工不平等且貶低性的行為,包含了霸凌。”他於2008年告訴?名懷孕員工她不能再繼續做她活動企劃的職位因為活動舉辦時她已經生下來了。”目擊者回憶了Sarver的言論,實質上,那名女員工要”餵奶”且”嬰兒需要他們的媽媽而不是爸爸。”
該名女員工難過並開始哭。另一名目擊員工告訴Sarver他這樣處理不恰當。Sarver與律師隨後叫來了該目擊員工且律師告訴她Sarver沒有做錯任何事並”開始批評該目擊員工不該質疑Sarver的判斷。”不過該懷孕員工成功保住了她的飯碗。

In 2011, a week after he screamed at a female employee because he was unhappy with a video she had produced, causing her to cry, Sarver entered her office and closed the door and “said in substance, ‘Why can’t we get along? What’s wrong
with you?’ When the female employee began to cry, Sarver then said in a raised voice, ‘Why do all the women around here cry so much?'” Soon after, Sarver held a lunch for Suns and Western Alliance Bank employees (he is its CEO) and allemployees were women. “Two Suns attendees perceived Sarver’s arrangement of the lunch to be a response to the video incident described above, to reflect Sarver’s opinion that female Suns employees were insufficiently tough and/or “cry so much,'” the report said. “And was intended to enable the female bank employees to explain to the female Suns employees how to handle Sarver’s demands. Thesame attendees perceived the lunch as uncomfortable and demeaning.” Sarver admitted the lunch was arranged but said it was to “facilitate networking between the entities,” according to the report. Investigators wrote that they believed the lunch was for the purposes stated by witnesses, not Sarver.

2011年時在Sarver因為對一名女員工製作的影片不滿意對她大吼並讓他哭的一週後, Sarver進入她的辦公室並關門,實質上的說”為什麼我們處不好?你有什麼問題?”當女性員工開始?之後, Sarver隨即提高音量”為什麼這些女人總是那麼愛哭?”隨即,Sarver與阿萊恩西部銀行的員工(他是CEO)且所有員工皆為女性開午餐會。其中銀行的2名員工反映了上述的影片事件並指出Sarver認為女性員工都很爛且很愛哭。且想要讓銀行的員工去跟該女員工解釋如何處理Sarver的要求。這兩位午餐會的參與者敘述該餐會為”不舒服”且”貶低性”的。Sarv
er承認該餐會的存在但他說那只是他要”促進實體上的人際網”。調查者採信餐會參與者的意見,而非Sarver。

The report outlines six times when Sarver made vulgar or sexual jokes to employees. It found he sent around pornographic material to male Suns executives, including a video and photos of a naked woman.

報告指出Sarver至少6次對員工開了低級或是色情的玩笑。他被發現會給太陽男性管理層傳?情物品,其中包含一支與多張裸露女性的影片與照片。

He made male employees uncomfortable, as well. While a male employee was on hisknees giving Sarver a fitness check, Sarver dropped his underwear and exposed his genitals. In 2016, the report said, Sarver stood naked in front of an employee after taking a shower in the coaches shower.

他也造成男性員工的不適。當男性員工在他的膝蓋上幫他試衣服是否合身,Sarver脫下他的?褲來讓該男性員工看他的生殖器(嘔嘔嘔嘔嘔嘔嘔嘔嘔嘔)。2016年時,報告指出, Sarver在?練浴室洗完澡後於一名員工面前脫光衣服的站著

On several instances, the report found that Sarver made demeaning or inappropriate comments about women in the Suns organization, including about the bodies and attractiveness of Suns dancers.

在多個狀況下,報告發現Sarver對太陽女性員工開羞辱性與不恰當的評論,其中包含了太陽女舞者的身體與吸引度。

Sarver commented about the “sex lives, bodies, and sexual orientation” of players, including at least once about a player’s partner. “In another instance, when the Suns were recruiting a free agent in 2015, Sarver made a joke that the team should have players impregnate local Phoenix strippers so they would feel connected to the area, giving the Suns a potential edge in free agency recruitment.”

Sarver還會對球員的”性生活,身體與性取向”,其中至少一次是對於球員的伴侶。另一個狀況下,當太陽於2015要招募自由球員時, Sarver說出了隊員應該要讓鳳凰城地方的脫衣舞孃?孕才能讓他們覺得與當地有連結才能給他們自由球員潛在優勢的玩笑。

More than 50 employees said Sarver yelled or cursed at employees as a way to manage them, including in a way that would be considered bullying under the Suns workplace policy, according to the report. Sarver denied yelling at employees to investigators but admitted he may have “raised his voice” after they gave him specific examples.

超過50名員工說Sarver對他們大吼大叫甚至是詛咒來管理他們,這也是太陽職場政策被定義?霸凌行為的其中之一。Sarver否認大吼大叫但在調查者說出詳細情況後承認他可能”大聲了一點點”。

The report states several times that there was “no finding that Sarver’s conduct was motivated by racial or gender-based animus.”

報告多次坦言Sarver的行為是被種族與性別敵意所驅動

Employees expressed concerns and issues with the Suns organization as a whole, tying some of them to Sarver’s leadership, but to which the report said it could not directly find a connection. The Suns’ human resources department had poorrecord keeping and the report said that investigators had trouble corroboratingallegations of racial and gender discrimination in the organization’s hiring because of this.

員工表達了他們對太陽與Sarver領導有關的疑慮與問題,但報告沒有發現直接關係。太陽的?資部門資料保管得非常差所以調查者在調查球隊的僱傭上有種族與性別歧視的指控時遭遇了困難。

“The investigation finds that the Suns organization has been a difficult placefor women to work, particularly if they have young children, and that Suns executives have on occasion treated female employees differently because of their gender and/or pregnancy. The investigation also identified a few reports of unwanted touching and sexual harassment by or of Suns employees, some of which were mishandled by the team.”

調查發現太陽球團對於女性,尤其是那些有小孩的女性來說非常困難,且太陽高層對待女性員工因為他們的性別與懷孕而有差別待遇。調查也發現太陽員工數個非禮與性騷擾案件都處理得不恰當。

The investigation also found instances of executives engaging in “anti-gay sentiment.”

調查也發現太陽高層數次涉入”反同言論”

The report outlines the ways in which the Suns’ HR department has been overhauled since 2021 after it undermined the trust of Suns employees and broke their confidence in previous years.

報告細數了太陽人資部門自2021年起因太陽員工過去幾年來對其信任的崩壞的重建方式。
What do the Suns say?
太陽隊的聲明

大意就是太陽與水星全力配合並有在改善工作環境

Phoenix Suns

https://i.imgur.com/YBcPBsW.jpg

What does Sarver say?

Sarver的聲明

大意就是我尊重聯盟判決 我道歉 但這些我都沒有做錯且否認部分報告。

https://i.imgur.com/HTCc3oF.jpg

Why didn’t Sarver get fined more?

為什麼Sarver只被罰這樣的錢

The $10 million is the most that the NBA could fine him under its rules.

1000萬美金是nba可以對他裁罰的法定上限

What happens next?

接下來還會發生什麼

Sarver can’t have anything to do with the NBA or WNBA, the Suns or Mercury, orhis duties as a team governor for the next year. He can’t even attend games. He has to undergo a training program for respect and appropriate workplace conduct.

Sarver下一年不能與NBA或WNBA以及他球隊擁有者的身分有任何關係。他不能出席比賽。他?要接受職場尊重與恰當行為的訓練。

What does Adam Silver say?

Adam Silver說了什麼?

He released a statement with the NBA’s ruling.

他釋出了NBA判決的聲明

“The statements and conduct described in the findings of the independent investigation are troubling and disappointing,” Silver said.

Silver說“獨立調查中發現的言論與行為是有問題且令人失望的…

“We believe the outcome is the right one, taking into account all the facts, circumstances and context brought to light by the comprehensive investigation of this 18-year period and our commitment to upholding proper standards in NBA workplaces. I am hopeful that the NBA community will use this opportunity to reflecton what this great game means to people everywhere and the values of equality, respect and inclusion that it strives to represent. Regardless of position, power or intent, we all need to recognize the corrosive and hurtful impact of racially insensitive and demeaning language and behavior. On behalf of the entire NBA,I apologize to all of those impacted by the misconduct outlined in the investigators’ report. We must do better.”

…我們相信有考量曬在陽光下的事實,狀況與前後文,全面調查18年來的紀錄以及NBA維持恰?職場標準的努力所得出的結果是正確的。我希望nba社群能用這個機會來反響這些偉大比賽?所有地方人們的意義與其代表的平等,尊重,包容。無論職位,權力還是意圖,我們都必須直視種族不敏感及羞辱性語言與行為所造成的損害性影響。我代表全NBA對這些遭調查者所列出?行為所影響的人道歉。我們必須做得更好。”

Why didn’t the NBA strip the Suns away from Sarver like they did with Donald Sterling?

為什麼NBA沒有對Sterling一般把太陽從Sarver手中拿走呢?

That’s a good question. It seems now that the Sterling incident might have been a one-time case, impacted by the large amount of attention paid to the very public nature of what Sterling said and all the attention it brought down on the league, especially during the playoffs. It was clear in the aftermath that Silver?s decision was not universally supported by other NBA owners. This time, the NBA handed down a penalty in line with what the NFL gave Daniel Snyder last summer— $10 million and taking away day-to-day control — after the Washington Commanders faced allegations of sexual harassment and workplace misconduct.

這是一個好問題。現在看來Sterling的事件可能會是前無古人後無來者,因為他被大量的對?Sterling的公眾注意力以及當時季後賽期間的關注度所衝擊。很顯然的Silver的決定並不受所有NBA球隊老闆所待見。因此這次,NBA比照NFL去年夏天給Daniel Snyder的處分—10M罰款並停權—在華盛頓司令面臨性騷擾與工作場合不當行為指控之後。

註:華盛頓司令老闆2009年時問女員工是否能性交並企圖脫掉女員工衣服。對,就這麼一件。
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※ 發信站: 批踢踢實業坊(ptt.cc), 來自: 71.232.216.168 (美國) ※ 編輯: EZ78 (71.232.216.168 美國), 09/15/2022 11:59:50 ※ amen123:轉錄至看板 PHX-Suns

09/15 14:38