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I am adding a “sexual misconduct clause” into all of my investment agreements

19 pointsby sarahnadavalmost 9 years ago

6 comments

dikaiosunealmost 9 years ago
&gt; If an investor or employee of the investor&#x2F;accelerator&#x2F;incubator makes a sexual advance towards me or anyone in my company, then they are stripped of all of their shares in my company (even the ones that have vested) and there will be a public notice to shareholders as to the reason why.<p>As someone unfamiliar with investment contracts, what&#x27;s the typical burden of proof like for comparable &quot;nuclear option&quot; moral clauses? Is there typically some kind of evidence required in the contract? Or is it just assumed to be &quot;whatever will hold up in court&quot;?<p>To be clear, I think this is a very interesting idea, and am in fact a little sad it isn&#x27;t common place (it seems like something that <i>should</i> be covered by the kind of morality clauses which I understand to be common place). However, an idea like this needs to be enforceable to be practical and thus valuable.<p>EDIT: Since this is an often controversial subject, I want to be very clear: I&#x27;m not trying to imply that founders&#x2F;employees will make these claims up. Rather, that assertion is one which is very likely to be used by the well-paid legal teams of whoever you&#x27;re trying to evict from your board. Would this kind of clause actually stand up in court under that kind of assault?
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carapacealmost 9 years ago
&gt; If an investor or employee of the investor&#x2F;accelerator&#x2F;incubator makes a sexual advance towards me or anyone in my company, then they are stripped of all of their shares in my company (even the ones that have vested) and there will be a public notice to shareholders as to the reason why.<p>Wow, yes. This is going into any investment agreement I would ever consider signing. This is powerful. It puts the emphasis where it belongs and give it teeth.<p>I see a parallel with the anti-smoking campaigns. I think it&#x27;s pretty lame to pass a law telling, e.g. a bar owner they can&#x27;t allow smoking in their own place, but I&#x27;m willing to let it slide for a few decades until many fewer people are dying of addictive poison (however voluntarily.)<p>In a healthy environment, people who are interested <i>in each other</i> shouldn&#x27;t feel awkward about entering into a more familiar (than professional) relationship, even in this context. However, we are not there yet, and in the meantime investors and their employees making sexual advances at the people in the companies they are funding should be considered beyond the pale.
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hal9000xpalmost 9 years ago
&gt; If ... or employee of the ... makes a sexual advance towards ... or anyone in my company, then they are stripped of all of their shares in my company<p>Wait a sec, I don&#x27;t get it. If I as employee like some girl and ask her for a date, is it a sexual harassment?<p>To be honest, I don&#x27;t like this trend...
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belornalmost 9 years ago
What if the misconduct happens the other way around, by someone in the company towards someone in the investor&#x2F;accelerator&#x2F;incubator?
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alenanalmost 9 years ago
Nice post. I see sexism in tech everywhere. Its one of the points who I personal hate in tech. Even if I´m a guy.
masonicalmost 9 years ago
&lt;the men who perpetrate it the most are also the ones who hold the “keys to the kingdom”... women don’t want to ruin their careers by speaking out.&gt;<p>I was, up to this point, unaware that all sexual harassment in workplaces was of women, by men.
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