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Revision as of 04:09, 23 September 2013 editNuclearWarfare (talk | contribs)Edit filter managers, Autopatrolled, Administrators83,664 edits →Appeals: unnecessary← Previous edit Latest revision as of 01:13, 15 January 2023 edit undoL235 (talk | contribs)Edit filter managers, Autopatrolled, Checkusers, Oversighters, Administrators27,344 editsm L235 moved page Misplaced Pages:Arbitration Committee/Discretionary sanctions/2013 review to Misplaced Pages:Contentious topics/2013 review: new name 
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{{superseded|the ] that was ] by the committee as a result of this consultation|shortcut=WP:AC/DSR}}
{{shortcut|WP:AC/DSR}}'''Note from the drafters''': ] were first introduced in 2009, and arrived at their current form in 2011. Since March 2013, individual members of the committee have been reviewing the existing Discretionary sanction process, with a view to (i) simplifying its operation and (ii) updating its core procedures to accommodate various clarifications and amendments. The current draft update is presented for discussion below. All comments are very welcome. Please do not comment here but instead use the relevant sections of the ].
__TOC__
{{clear}}


=Version 3=
== Update of Discretionary Sanctions (draft) ==


<div style="border: 1px silver solid; background: ivory; padding: 0.5em; margin-bottom: 1em; margin-right: auto; margin-left:auto">''This indicates the start of the text for the proposed updated procedures to replace the ].''</div> <div style="border: 1px silver solid; background: ivory; padding: 0.5em; margin-bottom: 1em; margin-right: auto; margin-left:auto">''This indicates the start of the proposed new text to replace the ].''</div>


===(Nutshell) === ===(Nutshell and preamble) ===
{{nutshell|Discretionary sanctions is a procedure authorised by the Arbitration Committee on a topic by topic basis. It provides administrators with a fast-track method for dealing with contentious or disruptive conduct within the specified areas of conflict.}} {{nutshell|Discretionary sanctions are extraordinary measures for dealing with disruptive conduct within certain areas of conflict. Discretionary sanctions are imposed by administrators after the Arbitration Committee has identified specific topics as areas of conflict and has authorised the use of discretionary sanctions. Discretionary sanctions resolve disruption and promote civil participation within the specified topics.}}
:''']'''


:''']'''
===Definitions===
For the purposes of discretionary sanctions:
* The '''area of conflict''' is the topic or group of topics specified in the motion or case authorising discretionary sanctions for that topic.
* The '''Committee''' is the Arbitration Committee.
* An '''administrator''' is an ] editor whose access to administrative tools is at all material times enabled.
* An '''enforcing administrator''' is the administrator who imposes a discretionary sanction of whatever description. While enforcing administrators are expected to recuse in appeals of their actions, previous routine enforcement interactions and participation in enforcement discussions do not constitute involvement and are not usually grounds for recusal.
* The '''AE noticeboard''' is the applicable enforcement noticeboard (currently ]).
:''']'''


===Authorisation=== ===Definitions ===
{{align|right|{{tick}} Updated: 10:20, 23 March 2014}}
Discretionary sanctions are authorised for an area of conflict either as part of the final decision of an Arbitration case or as an Arbitration Committee motion. Once authorised, they may only be modified by the Committee and remain in full force until rescinded by a motion of the Committee.
{{clear}}
:''']'''
For the purposes of arbitration enforcement:
* '''AE''' ("arbitration enforcement" noticeboard) is the forum designated by the Arbitration Committee for requesting, applying, discussing and appealing most enforcement requests. It is currently ].
* An '''area of conflict''' is the topic or group of topics specified by the Arbitration Committee when authorising discretionary sanctions.
* The '''committee''' is the ].
* An '''editor''' is anyone and everyone who may edit and has edited the encyclopedia. (See ].)
* An '''enforcing administrator''' is the ] who places sanctions authorised in this procedure.
* A '''sanction''' includes any {{vanchor|sanction}}, {{vanchor|restriction}}, or other remedy placed under this procedure.
* An '''appeal''' includes any request for reconsideration, reduction, or removal of a sanction.

:''']'''

===Authorisation ===

Discretionary sanctions are authorised for an area of conflict either as part of the final decision of an arbitration case or by committee motion. Once authorised, they may only be revoked by committee motion.

When it becomes apparent that discretionary sanctions for an area of conflict are no longer necessary, the committee ] to rescind the authorisation of them. After authorisation is rescinded, sanctions and restrictions already in place remain in force and can be appealed in the usual ways.

A log of the areas of conflict for which discretionary sanctions have been authorised is maintained at the ].

:''']'''


===Behavioural expectations === ===Behavioural expectations ===
{{align|right|{{tick}} Updated: 10:20, 23 March 2014}}
{{clear}}
Editors editing within the area of conflict are expected to: Editors editing within the area of conflict are expected to:
#adhere to the purposes of Misplaced Pages; and # adhere to the ];
#comply with any applicable policy and guideline; and # comply with all applicable ];
#follow editorial and behavioural best practice, and # follow ]; and
#comply with any page restrictions in force within the area of conflict. # comply with any ] in force within the area of conflict.
Failure to meet any behavioural expectation may result in discretionary sanctions.
:''']'''


Failure to meet any behavioural expectation is grounds for sanctioning.
===Alerts and edit notices ===
No discretionary sanction may be imposed on an editor unless that editor:
#has been notified, ], that discretionary sanctions are in operation for the area of conflict; or
#has edited a restricted page which was displaying an ] at the time of the edit, or
#has been mentioned by name in the Final Decision of the case in which the applicable discretionary sanctions were authorised; or
#has participated in a discretionary sanction discussion about the same area of conflict at the AE noticeboard
:''']'''


:''']'''
===Issuing alerts and placing edit notices===
Any editor may alert any other editor that discretionary sanctions have been authorised for the area of conflict. These alerts are advisory in nature and cannot be revoked or appealed. The alert links to ] and is issued by placing the standard template message – currently {{tl|ArbCom-Alert}} – on the talk page of the editor being notified. Alerts must be ].


===Awareness ===
Enforcing administrators are required to place an edit notice on any page which they have placed ]. Failure to place the edit notice will invalidate any subsequent enforcement actions unless the sanctioned editors were notified about the authorisation of discretionary sanctions and the restriction by another means. All page restrictions must be ].
No sanction may be imposed on an editor unless they are aware that discretionary sanctions are in force for the area of conflict. An editor is aware if:
:''']'''


#They:
===Logging===
#:i. &nbsp;were mentioned by name in the Final Decision of the case in which the applicable discretionary sanctions were authorised; or
#:ii. &nbsp;have at any time been sanctioned for their conduct for the area of conflict (and that sanction has not been successfully appealed).
#They have, <u>in the past twelve months</u>:
#:i. &nbsp;participated in any process at ], ], or appeal at the ] about the area of conflict; or
#:ii. &nbsp;] other editors, or have been ] about discretionary sanctions for the area of conflict.


:''']'''
All alerts, edit notices and sanctions must be logged on the page specified for this purpose in the motion authorising discretionary sanctions for the area of conflict. While failure to log an alert, an edit notice or a sanction does not invalidate it, repeated failures to log may result in sanctions for the issuing editor or administrator.<p>
Whenever a sanction is modified or lifted, the administrator who alters the restriction must append a note to the original log entry.
:''']'''


===Role of administrators=== ===Alerts ===
Any uninvolved administrator may impose discretionary sanctions upon any ] editor for any repeated or serious failure to meet Misplaced Pages's ].
;Individual sanctions
Any uninvolved administrator may impose warnings, admonishments, editing restrictions, interaction bans, topic bans, site bans of up to one year in duration, and/or any other measures which the imposing administrator believes are reasonably necessary to ensure the smooth functioning of the project. Sanctions must be ].
; Page restrictions
Any uninvolved administrator may impose on any page relating to the area of conflict semi-protection, protection, move protection, revert restrictions, prohibitions on the addition or removal of certain content (except where a firm consensus for the edit has been obtained); or any other measures which the imposing administrator believes are reasonably necessary to prevent disruption. Such restrictions are enforceable by uninvolved adminstrators through the use of individual sanctions. Page restrictions must be ].
;Questionable sanctions
Any administrator who, in the opinion of the Arbitration Committee, regularly imposes questionable discretionary sanctions, or whose actions are regularly overturned on appeal, may be prohibited by the Committee from making any further enforcement actions or be subject to any other such remedy that the Committee considers appropriate.
:''']'''


Any editor may notify any other editor that discretionary sanctions are in force for the area of conflict. This may only be done by placing the standard template message – currently {{tl|Ds/alert}} – on the talk page of the editor being notified.
===Reducing or overturning discretionary sanctions===
No administrator may reduce or overturn discretionary sanctions without:
# The explicit affirmative on-wiki prior consent of the enforcing administrator or
# The clear consensus of participating administrators at either a) the applicable enforcement noticeboard (currently ]) or (b) the ].
Any administrator who reduces or overturns a discretionary sanction out of process may, at the discretion of the Arbitration Committee, be desysopped or subject to any other such remedy that the Committee consider appropriate.
:''']'''


An alert expresses no finding of fault and is informational in nature. It cannot be rescinded or appealed and automatically expires twelve months after it was issued. The text of the standard alert template forms part of the procedure and may be modified only with the committee's consent.
===Appeals===

:''Also applicable is ].''
No editor should receive more than one alert per area of conflict per year. Editors who issue alerts ] may be sanctioned.
Only an editor under sanction may appeal that sanction. There are three possible stages for appeal.

# To request that the enforcing administrator reconsider, unless they are no longer an ].
:''']'''
# To appeal to one (but not both) of either (a) the AE Noticeboard or (b) the ] using the standardized appeals template {{tl|Arbitration enforcement appeal}}. A clear consensus of participating uninvolved administrators is required to overturn the sanction. If consensus is unclear, the status quo prevails. The administrator who closes the discussion may prohibit any future appeal to a noticeboard for up to six months.

# To subsequently appeal to the ]. If the sanction is of a longer duration than six months, it may be reconsidered again six months after an unsuccessful appeal to the Committee, unless a longer or shorter minimum period has been specified by the Arbitration Committee.
=== Role of administrators===
Appeals are governed by the procedures in effect at the time of the appeal.
Any enforcing administrator who, in the opinion of the committee:
:''']'''

# imposes a sanction when ];
# imposes a ] sanction, or whose actions are regularly overturned on appeal;
# imposes a sanction idiosyncratically or ];
# modifies a sanction ];
may be subject to any remedy, including desysopping, that the committee consider appropriate.

Enforcing administrators are ] and must explain their enforcement actions. They may not participate in the adjudication of their own actions at any appeal.

Enforcing administrators must be ]. Prior routine enforcement interactions and prior administrator participation in enforcement discussions do not constitute involvement, but participation as a party in an AE request does.

Administrative actions may be reviewed using the regular appeal processes.

:''']'''

=== Former administrators ===
To act in enforcement, an administrator must at all relevant times have their access to the tools enabled. Former administrators – that is, editors who have temporarily or permanently relinquished the tools or have been desysopped – may neither act as administrators in arbitration enforcement nor reverse their previous administrative actions.

:''']'''

===Proportionality ===
Administrators are expected to exercise good judgment by responding flexibly and proportionately to the nature and frequency of given misconduct. When dealing with first or isolated instances of borderline misconduct, informal advice may be more effective in the long term than a sanction. Conversely, editors engaging in egregious or sustained misconduct should be dealt with robustly.

:''']'''

=== Broadly construed===
When considering whether edits fall within the scope of discretionary sanctions, administrators should be guided by the principles outlined in the ].

:''']'''

===Imposing sanctions ===
Any uninvolved administrator may impose warnings, admonishments, editing restrictions, interaction bans, topic bans, and blocks of up to one year in duration, or similar measures that the imposing administrator reasonably believes are necessary for the smooth running of the project.

Prior to imposing novel or innovative interpretations or sanctions, administrators must discuss the proposal with other administrators at the AE noticeboard.

The sanctioned editor must be provided with a notice on their talk page setting out the administrator's decision. This must specify the misconduct for which they have been imposed as well as the appeal process. Sanctions must be ].

:''']'''

===Page restrictions ===
{{align|right|{{tick}} Updated: 08:01, 25 March 2014 (UTC)}}
{{clear}}
Any uninvolved administrator may impose on any page or set of pages relating to the area of conflict semi-protection, full protection, move protection, revert restrictions, prohibitions on the addition or removal of certain content (except when consensus for the edit exists), or any other measures which the imposing administrator reasonably believes are necessary to prevent disruption. Such restrictions are enforceable by uninvolved administrators through the use of individual sanctions. Administrators are expected to ] page restrictions, but failure to do so does not invalidate them.

It is best practice to add ] to restricted pages where appropriate, using the standard template ({{tl|ds/editnotice}}).

:''']'''

===Logging ===
All sanctions and page restrictions must be recorded on the page specified in the authorising motion or decision for logging. Whenever a sanction or page restriction is appealed or modified, the administrator amending it must append a note recording the amendment to the original log entry. Failure to log a sanction or page restriction does not invalidate it, but repeated failures to log may result in sanctions for the issuing administrator.

:''']'''

===Appealing and modifying sanctions===
This section governs the appeal of sanctions by the sanctioned editor as well as modifications to existing sanctions by administrators.

No sanction may be modified without:
# the explicit on-wiki prior consent of the enforcing administrator; or
# the clear and substantial consensus of either (a) uninvolved participating administrators at the AE Noticeboard or (b) uninvolved editors at the ]. If consensus is unclear, the status quo prevails.

Thereafter, the sanctioned editor may:
#<li value="3"> appeal to the ] in a ]. If the editor is blocked, appeal may be made by email through ] (or, if email access is revoked, to {{NonSpamEmail|arbcom-l|2=lists.wikimedia.org}}).</li>

If the sanction is long-term and the appeal is unsuccessful, the committee may hear another appeal six months after the unsuccessful appeal, unless the committee has specified a longer or shorter period.

Only the editor under sanction may appeal the sanction. Appeals follow the procedures in place at the time the appeal is made.

Nothing in this provision prohibits an administrator from superseding an existing sanction with a new sanction if fresh misconduct has taken place after the original sanction was applied.

:''']'''


=== Continuity=== === Continuity===
Nothing in this current version of the Discretionary Sanctions process constitutes grounds for appeal of a remedy or restriction imposed under prior versions of it. All sanctions and restrictions imposed under earlier iterations of this process remain in full force. For the purpose of on-going enforcement, previous warnings are to be treated as alerts/notices. Nothing in this current version of the Discretionary Sanctions process constitutes grounds for appeal of a remedy or restriction imposed under prior versions of it.
All sanctions and restrictions imposed under earlier versions of this process remain in force. Appeals open at the time this version is adopted will be adjudicated under the old version, but this current process will thereafter govern appeals.

:''']'''
For the purpose of on-going enforcement, previous warnings become alerts for one year from the date of the passing of the motion authorising this procedure, then expire.

:''']'''

===Housekeeping ===
The following are amended:

* the '''Senkaku Islands''' case – the remedies in Paragraph 8A ("]") are hereby rescinded.
* '''Motion 2''' in the is hereby rescinded and superseded by the ].
* the provisions in ] are rescinded as they have been incorporated into the provisions above.
* the provisions in ] are rescinded as they have been incorporated into the provisions above.

:''']'''

<div style="border: 1px silver solid; background: ivory; padding: 0.5em; margin-bottom: 1em; margin-right: auto; margin-left:auto">''This indicates the end of the draft v3 updated Discretionary Sanction remedy.''</div>

= Older drafts =
Two earlier complete drafts were proposed. These drafts continually evolved as a result of feedback on the talk page and modifications made by arbitrators and community members. The two formal drafts (v1 and v2) simply bookmark when a large number of feedback items on the talk page were implemented. The current version above is Draft v3.


The original iteration of draft version 1 can be viewed ], the final edit made to draft version 1 is ]. The original draft version 2 was posted ], and the final edit made it is ]. The original iteration of draft version 3 is ] and it's most recent version is above.
<div style="border: 1px silver solid; background: ivory; padding: 0.5em; margin-bottom: 1em; margin-right: auto; margin-left:auto">''This indicates the end of the draft updated Discretionary Sanction procedures.''</div>


] ]

Latest revision as of 01:13, 15 January 2023

This Misplaced Pages page has been superseded by the new discretionary sanctions procedure that was enacted by the committee as a result of this consultation and is retained primarily for historical reference.Shortcut

Version 3

This indicates the start of the proposed new text to replace the existing Discretionary Sanctions remedy.

(Nutshell and preamble)

This page in a nutshell: Discretionary sanctions are extraordinary measures for dealing with disruptive conduct within certain areas of conflict. Discretionary sanctions are imposed by administrators after the Arbitration Committee has identified specific topics as areas of conflict and has authorised the use of discretionary sanctions. Discretionary sanctions resolve disruption and promote civil participation within the specified topics.
Discuss this section

Definitions

checkY Updated: 10:20, 23 March 2014

For the purposes of arbitration enforcement:

  • AE ("arbitration enforcement" noticeboard) is the forum designated by the Arbitration Committee for requesting, applying, discussing and appealing most enforcement requests. It is currently Misplaced Pages:Arbitration/Requests/Enforcement.
  • An area of conflict is the topic or group of topics specified by the Arbitration Committee when authorising discretionary sanctions.
  • The committee is the Arbitration Committee.
  • An editor is anyone and everyone who may edit and has edited the encyclopedia. (See Misplaced Pages:Editor.)
  • An enforcing administrator is the administrator who places sanctions authorised in this procedure.
  • A sanction includes any sanction, restriction, or other remedy placed under this procedure.
  • An appeal includes any request for reconsideration, reduction, or removal of a sanction.
Discuss this section

Authorisation

Discretionary sanctions are authorised for an area of conflict either as part of the final decision of an arbitration case or by committee motion. Once authorised, they may only be revoked by committee motion.

When it becomes apparent that discretionary sanctions for an area of conflict are no longer necessary, the committee may be asked to rescind the authorisation of them. After authorisation is rescinded, sanctions and restrictions already in place remain in force and can be appealed in the usual ways.

A log of the areas of conflict for which discretionary sanctions have been authorised is maintained at the discretionary sanctions main page.

Discuss this section

Behavioural expectations

checkY Updated: 10:20, 23 March 2014

Editors editing within the area of conflict are expected to:

  1. adhere to the purposes of Misplaced Pages;
  2. comply with all applicable policies and guidelines;
  3. follow editorial and behavioural best practice; and
  4. comply with any page restrictions in force within the area of conflict.

Failure to meet any behavioural expectation is grounds for sanctioning.

Discuss this section

Awareness

No sanction may be imposed on an editor unless they are aware that discretionary sanctions are in force for the area of conflict. An editor is aware if:

  1. They:
    i.  were mentioned by name in the Final Decision of the case in which the applicable discretionary sanctions were authorised; or
    ii.  have at any time been sanctioned for their conduct for the area of conflict (and that sanction has not been successfully appealed).
  2. They have, in the past twelve months:
    i.  participated in any process at arbitration requests, arbitration enforcement, or appeal at the administrators' noticeboard about the area of conflict; or
    ii.  alerted other editors, or have been alerted about discretionary sanctions for the area of conflict.
Discuss this section

Alerts

Any editor may notify any other editor that discretionary sanctions are in force for the area of conflict. This may only be done by placing the standard template message – currently {{Ds/alert}} – on the talk page of the editor being notified.

An alert expresses no finding of fault and is informational in nature. It cannot be rescinded or appealed and automatically expires twelve months after it was issued. The text of the standard alert template forms part of the procedure and may be modified only with the committee's consent.

No editor should receive more than one alert per area of conflict per year. Editors who issue alerts disruptively may be sanctioned.

Discuss this section

Role of administrators

Any enforcing administrator who, in the opinion of the committee:

  1. imposes a sanction when involved;
  2. imposes a disproportionate sanction, or whose actions are regularly overturned on appeal;
  3. imposes a sanction idiosyncratically or out of process;
  4. modifies a sanction out of process;

may be subject to any remedy, including desysopping, that the committee consider appropriate.

Enforcing administrators are accountable and must explain their enforcement actions. They may not participate in the adjudication of their own actions at any appeal.

Enforcing administrators must be uninvolved. Prior routine enforcement interactions and prior administrator participation in enforcement discussions do not constitute involvement, but participation as a party in an AE request does.

Administrative actions may be reviewed using the regular appeal processes.

Discuss this section

Former administrators

To act in enforcement, an administrator must at all relevant times have their access to the tools enabled. Former administrators – that is, editors who have temporarily or permanently relinquished the tools or have been desysopped – may neither act as administrators in arbitration enforcement nor reverse their previous administrative actions.

Discuss this section

Proportionality

Administrators are expected to exercise good judgment by responding flexibly and proportionately to the nature and frequency of given misconduct. When dealing with first or isolated instances of borderline misconduct, informal advice may be more effective in the long term than a sanction. Conversely, editors engaging in egregious or sustained misconduct should be dealt with robustly.

Discuss this section

Broadly construed

When considering whether edits fall within the scope of discretionary sanctions, administrators should be guided by the principles outlined in the topic ban policy.

Discuss this section

Imposing sanctions

Any uninvolved administrator may impose warnings, admonishments, editing restrictions, interaction bans, topic bans, and blocks of up to one year in duration, or similar measures that the imposing administrator reasonably believes are necessary for the smooth running of the project.

Prior to imposing novel or innovative interpretations or sanctions, administrators must discuss the proposal with other administrators at the AE noticeboard.

The sanctioned editor must be provided with a notice on their talk page setting out the administrator's decision. This must specify the misconduct for which they have been imposed as well as the appeal process. Sanctions must be logged.

Discuss this section

Page restrictions

checkY Updated: 08:01, 25 March 2014 (UTC)

Any uninvolved administrator may impose on any page or set of pages relating to the area of conflict semi-protection, full protection, move protection, revert restrictions, prohibitions on the addition or removal of certain content (except when consensus for the edit exists), or any other measures which the imposing administrator reasonably believes are necessary to prevent disruption. Such restrictions are enforceable by uninvolved administrators through the use of individual sanctions. Administrators are expected to log page restrictions, but failure to do so does not invalidate them.

It is best practice to add editnotices to restricted pages where appropriate, using the standard template ({{ds/editnotice}}).

Discuss this section

Logging

All sanctions and page restrictions must be recorded on the page specified in the authorising motion or decision for logging. Whenever a sanction or page restriction is appealed or modified, the administrator amending it must append a note recording the amendment to the original log entry. Failure to log a sanction or page restriction does not invalidate it, but repeated failures to log may result in sanctions for the issuing administrator.

Discuss this section

Appealing and modifying sanctions

This section governs the appeal of sanctions by the sanctioned editor as well as modifications to existing sanctions by administrators.

No sanction may be modified without:

  1. the explicit on-wiki prior consent of the enforcing administrator; or
  2. the clear and substantial consensus of either (a) uninvolved participating administrators at the AE Noticeboard or (b) uninvolved editors at the administrators' noticeboard. If consensus is unclear, the status quo prevails.

Thereafter, the sanctioned editor may:

  2. appeal to the Arbitration Committee in a request for amendment. If the editor is blocked, appeal may be made by email through Special:EmailUser/Arbitration Committee (or, if email access is revoked, to arbcom-l@lists.wikimedia.org).

If the sanction is long-term and the appeal is unsuccessful, the committee may hear another appeal six months after the unsuccessful appeal, unless the committee has specified a longer or shorter period.

Only the editor under sanction may appeal the sanction. Appeals follow the procedures in place at the time the appeal is made.

Nothing in this provision prohibits an administrator from superseding an existing sanction with a new sanction if fresh misconduct has taken place after the original sanction was applied.

Discuss this section

Continuity

Nothing in this current version of the Discretionary Sanctions process constitutes grounds for appeal of a remedy or restriction imposed under prior versions of it.

All sanctions and restrictions imposed under earlier versions of this process remain in force. Appeals open at the time this version is adopted will be adjudicated under the old version, but this current process will thereafter govern appeals.

For the purpose of on-going enforcement, previous warnings become alerts for one year from the date of the passing of the motion authorising this procedure, then expire.

Discuss this section

Housekeeping

The following are amended:

Discuss this section
This indicates the end of the draft v3 updated Discretionary Sanction remedy.

Older drafts

Two earlier complete drafts were proposed. These drafts continually evolved as a result of feedback on the talk page and modifications made by arbitrators and community members. The two formal drafts (v1 and v2) simply bookmark when a large number of feedback items on the talk page were implemented. The current version above is Draft v3.

The original iteration of draft version 1 can be viewed here, the final edit made to draft version 1 is here. The original draft version 2 was posted here, and the final edit made it is here. The original iteration of draft version 3 is here and it's most recent version is above.

Categories: