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What do you think about this case?

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kevchh

Junior Member
I am Mexican and have only 6 months in the US and I was working at a university in Texas.

I had a co-worker who was femi****, she hated men and and white people. She made a false complaint against me alleging that I was homophobic, racist and misogynist.

On her complaint there were some words that I said that were considered as improper language. I refer to an object using the word in spanish "marica" because it was not working, it was like a think out loud but the co-worker I told you asked me about that. In mexico you commonly use that word in such context saying phrases like "ese chile salio marica" when you eat a non-spicy pepper, is widely used with that meaning but it happens that the same word can be used to refer to homosexuals too, but is rarely used to refer to them, and was not the context of my phrase, in fact, the LGBT comunity in my country uses the word with the same context. Another incident was that I had a conversation about which words were improper to refer to black people, me and the co-workers discuss about the N-word, but you know, ai am new in the country and those are things that I should know, my work was the only place I socialize and I do not have relatives.

It happened that after the investigation of the complaint which had about 20 false or altered incidents, this isolated two eventes where considered as misconduct. In addition, other incidents with altered scenarios where included in the investigation report, for example they claim that I said an improper joke but what happened is that was a co-worker and I was asked by this person who complaint what he was refering at but was not my joke. In addition, they put lies im the report of investigation claiming that I spoke about the intimacy with my grilfriend which is not true, and also they considered as misconduct that I talk about my position being pro-life.

The conduct standards of the university does not clearly say which words are offensive and where to minor and isolated events. Since I came from another country I do not know which words are ofensive and which are not in the US, and those two are not considered as such in my country and where not intended to ofend anybody.

In addition, I was supposed to check the investigation report prior to the final decision and I was supposed to have 10 days to add final comments and I was not allowed to do that.

All of those false statements are in my public record and it may affect me if I ask for a job in another university.

Do you think that this was fair? Is there any recommendation that you can give me?
 


cbg

I'm a Northern Girl
I think the same thing I thought the last time you posted this question.

Posting hx, folks.
 

cbg

I'm a Northern Girl
Nothing in your new post changes things one iota. You still do not have any legal recourse. The law does not give two hoots whether it is "fair". The law only cares about legal. What has happened to you is legal.

My recommendation is to realize that you are not in Mexico any longer. If you want to live in the US fine, I have no problem with that. But there's an old saying about When In Rome. If words are offensive here, it doesn't matter a damn that they're commonly used in Mexico. It's your responsibility to learn the difference - it is not everyone else's responsibility to give you a pass on offensive behavior.
 

kevchh

Junior Member
Yes, but were single events and nobody was really offended, was just this person that wanted to damage me. She complaint a month after the events. She never told me anything in person. And yes there is new information regarding the false statement of me talking about my intimacy and my position in relationship to abortion that was considered improper.
 

FlyingRon

Senior Member
Understand that someone doesn't outwardly have to state that they are offended or act that they are for your behavior to be considered improper. And yes, things that happened a month ago can be held against you.
 

kevchh

Junior Member
The laws include as national origin discrimination the discrimination based on linguistics (form, meaning and context) which are being criticized by the institution. It is not the same as saying the f-word because it has another connotation. In fact, the word "marica" originaly was used to refer to coward men but later was adopted to refer to homosexuals, it may be ofensive for them but just because you are referring to them as being inferior, weaker or coward because that is the original meaning. There is no specific translation to english and there even exist the verb form "mariconear" to refer to somebody that is doing useless things. Another word that derivates from this is "mariconera" which is like a toilet bag and is called like that because the similarities with a purse, and that is a name that you see at the stores. There are some countries that they use the same word to refer to their friends like saying bro or buddy.
 

cbg

I'm a Northern Girl
The discrimination laws do not give you permission to use offensive language, regardless of whether it is common in your home country or not. It is not discrimination to hold you to the same standard as everyone else - it WOULD be discrimination - to others - to allow you special sanction to use words they were not permitted to use.
 

quincy

Senior Member
The discrimination laws do not give you permission to use offensive language, regardless of whether it is common in your home country or not. It is not discrimination to hold you to the same standard as everyone else - it WOULD be discrimination - to others - to allow you special sanction to use words they were not permitted to use.
The term is actually offensive in Mexico, as well.
 

kevchh

Junior Member
But is offensive if you refer to homosexuals not to objects. Other examples of words with diverse meanings is the word "cojer" that in some countries is widely used as the verb "to grab" but in others is used to refer to the sexual activity, in colombia the straws are called "pitillo" and in mexico that word has a sexual connotation, the alphabet has the letter "jota", word that may also be used as an homophobic slur and I do not think nobody is disciplined for that. In fact, the word "cojer" in that context is commonly heard in the workspace by the people from puerto rico and I do not think that a complaint will proceed and nobody is disciplined for that.
 

kevchh

Junior Member
The term is actually offensive in Mexico, as well.
Yes it does, but it depends on the context, the word "mami" may also be ofensive if you say it to a lady on the street but if you say it to your mom it is acceptable. In my case I did not refer to a person, and was a think out loud, and you know it happens to every one that can say those words offhandedly. I never heard about other coworker with who they had 0 tolerance and usually they receive some warnings first.
 
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