Misplaced Pages:Arbitration/Policy: Difference between revisions

< Misplaced Pages:Arbitration Browse history interactively ← Previous editContent deleted Content addedVisual WikitextInline

Revision as of 18:07, 12 September 2006 view sourceMorven (talk \| contribs)Autopatrolled18,655 edits Get consensus agreement BEFORE changing this page; don't assume it.← Previous edit		Latest revision as of 01:41, 3 March 2024 view source Galobtter (talk \| contribs)Edit filter managers, Autopatrolled, Interface administrators, Administrators42,032 edits ds is no longer a thing, the whole contentious topics procedure is includeded in ARBCOM/ProceduresTag: 2017 wikitext editor
(155 intermediate revisions by 85 users not shown)
Line 1:		Line 1:
			{{Short description\|Policies for the Arbitration Committee}}
	:'''''WP:AP''' redirects here. For article probation, see ].''
			<noinclude>{{pp-semi-protected\|small=yes}}</noinclude>
			{{redirect\|WP:AP\|article probation\|Misplaced Pages:General sanctions\|attack pages\|Misplaced Pages:Attack page\|the Amusement Parks WikiProject\|Misplaced Pages:WikiProject Amusement Parks\|the autopatrolled userright\|Misplaced Pages:Autopatrolled}}
			{{policy\|WP:AP\|WP:ARBPOL\|subcategory=procedural\|textoverride='''This page documents a formally ratified English Misplaced Pages ].'''<br><div style="font-size:90%;">Any changes must be proposed through the ].</div>}}
			{{ArbCom navigation}}

			This policy governs the Arbitration Committee, arbitration proceedings and arbitration processes. It was ratified by the community on 13 June 2011 and last amended on 23 May 2023. An extension of the arbitration policy, for ] and ] permissions, is at ].
	{\| class="messagebox standard-talk"
	\|-
	\| ]
	\|'''This page is a special policy for the ] on Misplaced Pages.''' <br/> Far more so than other ] it should not be edited without considerable forethought and ] agreement.
	\| {{shortcut\|]}}
	\|}
	The '''Arbitration policy''' acts as a guideline for the workings of the ]. These policies are now fully adopted, but subject to amendment. See the ], the ], and the ].

			Procedures that supplement and implement this policy are at ] and ].
	It has been indicated elsewhere (see ''e.g.'' the ]) that the "''Arbitration Policy may be tweaked as the Committee gains experience and learns better ways of doing things''". ] has also suggested that the policy is not subject to amendment by the community.

			== The Arbitration Committee ==
	Several landmark decisions have been made in previous cases that may have an impact on current cases; see ].

	== Scope ==		{{anchor\|Scope}}
			=== Scope and responsibilities ===
	The Arbitrators reserve the right to hear or not hear any dispute, at their discretion. The following are general guidelines which will apply to most cases, but the Arbitrators may make exceptions.

			The Arbitration Committee of the English Misplaced Pages has the following duties and responsibilities:
	# The Arbitrators will hear disputes that have been referred to Arbitration by ].
			# To act as a final binding decision-maker primarily for serious conduct disputes the community has been unable to resolve;
	# Where a dispute has not gone through ], or the earlier steps in the ], the Arbitrators may refer the dispute to the Mediation Committee if it believes Mediation is likely to help.
			# To hear appeals from blocked, banned, or otherwise restricted users;<ref group=note>The Arbitration Committee resolved by ] on 14 February 2024 to hear appeals from editors who are (a) blocked for reasons that are unsuitable for public discussion, or (b) blocked or banned by Arbitration and Arbitration Enforcement decisions. Examples of reasons that are unsuitable for public discussion include blocks (i) marked as an ], or (ii) based on CheckUser evidence, and where there exists disagreement between checkusers as to the interpretation of the technical evidence. It is expected that blocks marked as a ] are by default appealed on-wiki; however, the Arbitration Committee may hear appeals of such blocks if there are compelling reasons to hear an appeal in private.</ref>
	# The Arbitrators will occasionally request advice from ] on whether to hear a particular dispute.
			# To handle requests (other than self-requests) for removal of administrative tools;<ref group=note>Following a ] in July 2011, the community resolved that administrator accounts which had been inactive for over a year (defined as making "no edits or administrative actions for at least 12 months") may also be ] independent of the Committee.</ref>
	# The Arbitrators will primarily investigate interpersonal disputes.
			# To resolve matters unsuitable for public discussion for privacy, legal, or similar reasons;{{anchor\|scopeprivate}}
	# The Arbitrators will hear or not hear disputes according to the wishes of the community, where there is a consensus.
			# To approve and remove access to (i) ] and (ii) mailing lists maintained by the Arbitration Committee.
	# The Arbitrators will not hear disputes where they have not been requested to Arbitrate.
	# As a body reporting to the ], which has the ability to direct the Committee to reach a verdict or otherwise act in a particular way, the Committee has no jurisdiction over the members of the Board.

			=== Selection and appointment ===
	== Rules ==
			Members of the Committee are appointed following ] organized and run by the community. Candidates must:
			# Meet the Wikimedia Foundation's ] and confirm in their election statement they will fully comply with the criteria; and
			# Disclose any alternate accounts in their election statements. ] accounts which have been declared to the Arbitration Committee prior to the close of nominations need not be publicly disclosed.
			In exceptional circumstances, the Committee may call interim elections, in a format similar to that of the regular annual elections, if it determines that arbitrator resignations or inactivity have created an immediate need for additional arbitrators.

			=== Conduct of arbitrators===
	The Arbitrators will decide cases according to the following guidelines, which they will apply with common sense and discretion, and an eye to the expectations of the community:
			{{policy shortcut\|WP:ARBCOND}}
			Arbitrators are expected to:
			# Act with integrity and good faith at all times;
			# Respond promptly and appropriately to questions from other arbitrators, or from the community, about conduct which appears to conflict with their trusted roles;
			# Participate conscientiously in the Committee's activities and deliberations, advising the Committee of upcoming inactivity if that inactivity will likely last more than a week; and
			# Preserve in appropriate confidence the contents of private correspondence sent to the Committee and the Committee's internal discussions and deliberations.
			Any arbitrator who repeatedly or grossly fails to meet the expectations outlined above may be suspended or removed by Committee resolution supported by two-thirds of all arbitrators excluding:
			# The arbitrator facing suspension or removal, and;
			# Any inactive arbitrator who does not respond within 30 days to attempts to solicit their feedback on the resolution through all known methods of communication.

			=== Recusal of arbitrators ===
	# Established Misplaced Pages customs and common practices.
			{{policy shortcut\|WP:RECUSAL}}
	# Misplaced Pages's "laws": terms of use, submission standards, bylaws, general disclaimer, and copyright license.
			An arbitrator may ] from any case, or from any aspect of a case, with or without explanation and is expected to do so where they have a significant conflict of interest. Typically, a conflict of interest includes significant personal involvement in the substance of the dispute or significant personal involvement with one of the parties. Previous routine editor, administrator or arbitrator interactions are not usually grounds for recusal.
	# Sensible "real world" laws.

			An editor who believes an arbitrator should recuse will first post a message on the arbitrator's talk page asking the arbitrator to recuse and giving reasons. Should the arbitrator not respond, or not recuse, the user may refer the request to the Committee for a ruling. Requests for recusal after a case has entered the voting stage will not be granted, except in extraordinary circumstances.
	Former decisions will ] on the Arbitrators - rather, they intend to learn from experience.

	== Transparency ==		=== Transparency and confidentiality ===
	* Arbitrators with multiple accounts on Misplaced Pages will disclose the usernames of those accounts to the rest of the Committee, and to ], but are not required to disclose them publicly.
	* Each Arbitrator will make their own decision about how much personal information about themselves they are willing to share, both publicly, and with the rest of the Committee.
	* Arbitrators take evidence in public, but reserve the right to take some evidence in private in exceptional circumstances.
	* Deliberations are often held privately, but Arbitrators will make detailed rationale for all their decisions related to cases public.

			Committee deliberations are often held privately, though the Committee will make public detailed rationales for decisions related to cases, unless the matter is unsuitable for public discussion for privacy, legal or similar reasons. The Committee treats as private all communications sent to it, or sent by a Committee member in the performance of their duties.
	== Requests ==
	The Arbitration Committee accepts ] from anyone, and will decide whether to accept cases based on its Jurisdiction as described previously.

			=== Procedures and roles ===
	The Arbitrators will accept a case if four or more Arbitrators have voted to hear it; unless otherwise specified by the Arbitrator's votes, a minimum twenty-four hour grace period will be granted between the fourth vote to open the case and the actual opening of the case. The Arbitrators will reject a case if one week has passed without this occurring AND four or more Arbitrators have voted not to hear it, or if all but three active Arbitrators have voted to reject the case. Individual Arbitrators will provide a rationale for their vote if so moved, or if specifically requested.

			The Committee may create or modify its procedures, provided they are consistent with its ]; and may form subcommittees or designate individuals for particular tasks or roles. Where appropriate, the Committee may invite community comment on intended changes prior to implementing them.
	In the case of users whose editing privileges on Misplaced Pages have been revoked, they can request Arbitration by emailing a member of the Arbitration Committee.

			The Committee maintains a ] to assist with the smooth running of its functions. The clerks' functions include the administration of arbitration cases and management of all the Committee's pages and subpages; enforcing Committee decisions; implementing procedures; and enforcing good standards of conduct and decorum on the Committee's pages.
	== Who takes part? ==
	All Arbitrators will hear all cases, barring any personal leaves or ]. If an Arbitrator believes they have a conflict of interest in a case, they shall recuse themselves immediately from participation in the case. Users who believe Arbitrators have a ] should post an appropriate statement during the Arbitration process. The Arbitrator in question will seriously consider it and make a response. Arbitrators will not be required to recuse themselves for trivial reasons – merely reverting an edit of a user involved in a case undergoing Arbitration, for example, will likely not be seen as a serious enough conflict of interest to require recusal.

	== ~~Hearing~~ ==		== Arbitration proceedings ==
	Participants involved in cases heard by the Arbitration Committee will present their cases and evidence as directed on a sub-page of the case page, itself a sub-page of ], titled as "" or " v. " or the like, at the discretion of the Arbitrator responsible for opening the case. ''Disputants'' shall be defined as the user or users named in the case or any advocates they identify.

			=== Jurisdiction ===
	Evidence and brief arguments may be added to the case pages by disputants, interested third parties, and the Arbitrators themselves. Such evidence is usually only heard by the Committee if it has come from easily verifiable sources - primarily in the form of Misplaced Pages edits ("]"), log entries for ] or web server access, posts to the ], or other Wikimedia sources. The Arbitrators reserve the right to disregard certain items of evidence or certain lines of argument, most notably if they are unverifiable.

			The Committee has jurisdiction within the English Misplaced Pages.
	There is usually a grace period of one week between the opening of the case and the beginning of deliberations by Arbitrators. If the deliberations are made public, then outside commentary on the deliberations is discouraged until such time after the hearing has ceased that the Arbitrators define as the period for public commentary on the deliberations.

			The Committee has no jurisdiction over: (i) official actions of the ] or its staff; (ii) Wikimedia projects other than the English Misplaced Pages; or (iii) conduct outside the English Misplaced Pages.
	== Injunctions ==
	At any time between the opening of a case and its closure, Arbitrators may propose Temporary Injunctions, which are binding decisions that shall be in effect until a case closes. Such Injunctions take the form of Remedies outlined below and are enforceable by twenty four hour blocks per violation of the Injunction by those that are affected by it.

			The Committee may take notice of conduct outside its jurisdiction when making decisions about conduct on the English Misplaced Pages if such outside conduct impacts or has the potential to impact adversely upon the English Misplaced Pages or its editors.
	An Injunction is considered to have passed when four or more Arbitrators have voted in favour of it, where a vote in opposition negates a vote in support. A grace period of twenty four hours is usually observed between the fourth Aye vote and the enactment of the Injunction; however, Arbitrators may, in exceptional circumstances, vote to implement an injunction immediately if four or more Arbitrators express a desire to do so in their votes, or if a majority of Arbitrators active on the case have already voted to support the Injunction.

			The Committee retains jurisdiction over all matters heard by it, including associated enforcement processes, and may, at its sole discretion, revisit any proceeding at any time.
	== Final decision ==
	During deliberations, the Arbitrators will construct a consensus opinion made out of Principles (general statements about policy), Findings of Fact (findings specific to the case), Remedies (binding Decrees on what should be done), and Enforcements (conditional Decrees on what can further be done if the terms are met). Each part will be subject to a simple-majority vote amongst active non-recused Arbitrators - the list of active members being that listed on ]. Dissenting votes for and opinions on parts that pass will be noted. In the event of no options for action gaining majority support, no decision will be made, and no action will be taken.

			=== Requesting arbitration ===
	Principles are general statements of policy on Misplaced Pages, and there is no strict form they take; they will, however, reference appropriate Misplaced Pages policy pages where applicable.

			Requests for arbitration must be presented in the manner designated by the Committee. The Committee may accept or decline any matter at its sole discretion; it will take into account, but will not be bound by, the views of the parties to the request and other interested users.
	Findings of fact will be of a form similar to:

			=== Forms of proceeding ===
	* XXX has/has not engaged in YYY behavior . ''(diff of Incident 1)'' ''(diff of Incident 2)'' ''(further diffs)''
			; Standard proceedings{{anchor\|Standard proceedings}} : By default, hearings are public and follow the procedures published on the relevant arbitration pages.
			; Summary proceedings{{anchor\|Summary proceedings}} : Where the facts of a matter are substantially undisputed, the Committee may resolve the dispute by motion.
			; Private hearings{{anchor\|Private hearings}} : In exceptional circumstances, typically where significant privacy, harassment, or legal issues are involved, the Committee may hold a hearing in private. The parties will be notified of the private hearing and be given a reasonable opportunity to respond to what is said about them before a decision is made.
			; {{anchor\|appeals}}Appeals : Appeals by blocked, banned, or similarly restricted users are usually conducted by email.

			=== Participation ===
	Remedies will be of a form similar to:

			Decisions are reached by a majority vote of active, non-recused arbitrators. An arbitrator whose term expires while a case is pending may remain active on that case until its conclusion. Newly appointed arbitrators may become active on any matter before the Committee with immediate effect from the date of their appointment.
	* "User X is cautioned against making personal attacks even under severe provocation."
	* "User X is limited to one revert per twenty four hour period on article A."
	* "User X is placed on personal attack parole for a period of Y; if User X engages in edits which an administrator believes to be personal attacks, they may be banned for a short period of time of up to Z."
	* "User X is prohibited from editing group Y of articles for a period of Z."
	* "User X is banned from editing Misplaced Pages for a period of Y."

			Statements may be added to case pages by any interested editor. Editors are expected to respond to statements about themselves; failure to do so may result in decisions being made without their participation. All editors are required to act reasonably, civilly, and with decorum on arbitration case pages, and may face sanctions if they fail to do so.
	Enforcements will be of a form similar to:
	* "If User X edits group Y of articles, they may be banned for a short period of time of up to one week."

			=== Admissibility of evidence===
	Remedies and Enforcements, once the case has closed as described below, may be enforced by intervention by ], usually in the form of ] on accounts and IP addresses.

			In all proceedings, admissible evidence includes:
	Once a decision has been compiled, and a sufficient number of Arbitrators have reviewed the case and cast their votes, a non-recused Arbitrator may initiate a Motion to Close the case. A Motion to Close shall be considered to have passed once four Arbitrators have voted in favour of closing the case; each opposing vote shall negate one supporting vote. A grace period of a minimum of twenty-four hours shall be observed between the fourth net vote to close the case and the going into effect of those Remedies passed in the case, unless four or more Arbitrators vote to close the case immediately, or if a majority of Arbitrators active on the case have voted to close the case.
			# All Misplaced Pages edits and log entries, including deleted or otherwise hidden edits and log entries;
			# Edits and log entries from Wikimedia projects other than the English Misplaced Pages, where appropriate; and
			# Posts to ].

			Evidence from ] is admissible only with the express prior written consent of the Mediation Committee.<ref group=note>The Mediation Committee was disbanded on November 12, 2018 as a result of ].</ref>
	In due course, the Arbitrators will review the possibility of additional software-based security measures, but will not request such features at the present time, relying instead on Decrees.

			Evidence based on private communications (including, but not limited to, other websites, forums, chat rooms, IRC logs, email correspondence) is admissible only by prior consent of the Committee and only in exceptional circumstances.
	Remedies and enforcement actions may be appealed to, and are subject to veto by, ].

			Evidence may be submitted privately, but the Committee normally expects evidence to be posted publicly unless there are compelling reasons not to do so. The Committee will decide whether to admit each submission of private evidence on its own merits and, if admitted, the evidence will be considered at a ].
	== Unresolved issues ==

	Deliberately left unspecified at this time.
			=== Temporary injunctions ===
	See the sub-pages for discussion:

	* ]
			At any time between the request for a case being made and the closure of the case, the Committee may issue temporary injunctions, restricting the conduct of the parties, or users generally, for the duration of the case.
	* ]

			=== Format of decisions ===

			Decisions are written in clear, concise standard English and usually: (i) outline the salient principles, (ii) make findings of fact, (iii) set out remedies and rulings, and (iv) specify any enforcement arrangements. Where the meaning of any provision is unclear to any arbitrator, the parties, or other interested editors, it will be clarified upon request.

			=== Policy and precedent ===

			The arbitration process is not a vehicle for creating new policy by fiat. The Committee's decisions may interpret existing policy and guidelines, recognise and call attention to standards of user conduct, or create procedures through which policy and guidelines may be enforced. The Committee does not rule on content, but may propose means by which community resolution of a content dispute can be facilitated.

			While the Committee will typically take into account its earlier decisions when deciding new cases, previous decisions do not create binding precedent. As community policies, guidelines and norms evolve over time, previous decisions will be taken into account only to the extent that they remain relevant in the current context.

			=== Appeal of decisions ===

			Any editor may ask the Committee to reconsider or amend a ruling, which the Committee may accept or decline at its discretion. The Committee may require a minimum time to have elapsed since the enactment of the ruling, or since any prior request for reconsideration, before reviewing it.

			== Ratification and amendment ==

			Once adopted by the Committee, this policy will undergo formal ratification through a community referendum and will enter into force once it receives majority support, with at least one hundred editors voting in favour of adopting it. Until this policy is ratified, the existing arbitration policy remains in effect.

			Amendments to this policy require an identical ratification process. Proposed amendments may be submitted for ratification only after being approved by a majority vote of the Committee, or having been requested by a petition signed by at least one hundred editors in good standing.

			{{anchor\|own_policies}}
			The Committee is responsible for formulating its own ] under this policy, which do not require ratification.

	== See also ==		== See also ==
	* ]		* ]
			* Arbitration policy (April 2004): ], ], ], ], ]
	* ]
			* Arbitration policy update (June 2011): ], ]
			* Arbitration policy amendment (April 2019): ], ]
			* Arbitration policy amendment (May 2023): ], ]
			* ]

			== Notes ==
	]
			{{reflist\|group=note}}
	]
	]

			]
	]
			]
			]
			]

Latest revision as of 01:41, 3 March 2024

Policies for the Arbitration Committee

"WP:AP" redirects here. For article probation, see Misplaced Pages:General sanctions. For attack pages, see Misplaced Pages:Attack page. For the Amusement Parks WikiProject, see Misplaced Pages:WikiProject Amusement Parks. For the autopatrolled userright, see Misplaced Pages:Autopatrolled.

This page documents a formally ratified English Misplaced Pages policy.
Any changes must be proposed through the formal amendment process.

Shortcuts

Misplaced Pages Arbitration

About arbitration Talk Arbitration policy (CU/OS) Guide to arbitration Noticeboard + Talk Search archived proceedings Ban appeals Report
Open proceedings All open requests Case requests Clarification and Amendment requests Arbitrator motion requests Enforcement requests
Active sanctions Contentious topics (Log) General sanctions Editor sanctions
Arbitration Committee Discuss + Contact Members Procedures Elections Talk History Clerks + Talk Clerk procedures Conflict of interest reports
Audit Talk Statistics Talk Reports (pre-2016)

Track related changes
v t e

This policy governs the Arbitration Committee, arbitration proceedings and arbitration processes. It was ratified by the community on 13 June 2011 and last amended on 23 May 2023. An extension of the arbitration policy, for CheckUser and Oversight permissions, is at Misplaced Pages:Arbitration Committee/CheckUser and Oversight.

Procedures that supplement and implement this policy are at Misplaced Pages:Arbitration Committee/Procedures and Misplaced Pages:Arbitration Committee/Clerks/Procedures.

The Arbitration Committee

Scope and responsibilities

The Arbitration Committee of the English Misplaced Pages has the following duties and responsibilities:

To act as a final binding decision-maker primarily for serious conduct disputes the community has been unable to resolve;
To hear appeals from blocked, banned, or otherwise restricted users;
To handle requests (other than self-requests) for removal of administrative tools;
To resolve matters unsuitable for public discussion for privacy, legal, or similar reasons;
To approve and remove access to (i) CheckUser and Oversight tools and (ii) mailing lists maintained by the Arbitration Committee.

Selection and appointment

Members of the Committee are appointed following annual elections organized and run by the community. Candidates must:

Meet the Wikimedia Foundation's criteria for access to non-public personal data and confirm in their election statement they will fully comply with the criteria; and
Disclose any alternate accounts in their election statements. Legitimate accounts which have been declared to the Arbitration Committee prior to the close of nominations need not be publicly disclosed.

In exceptional circumstances, the Committee may call interim elections, in a format similar to that of the regular annual elections, if it determines that arbitrator resignations or inactivity have created an immediate need for additional arbitrators.

Conduct of arbitrators

Shortcut

WP:ARBCOND

Arbitrators are expected to:

Act with integrity and good faith at all times;
Respond promptly and appropriately to questions from other arbitrators, or from the community, about conduct which appears to conflict with their trusted roles;
Participate conscientiously in the Committee's activities and deliberations, advising the Committee of upcoming inactivity if that inactivity will likely last more than a week; and
Preserve in appropriate confidence the contents of private correspondence sent to the Committee and the Committee's internal discussions and deliberations.

Any arbitrator who repeatedly or grossly fails to meet the expectations outlined above may be suspended or removed by Committee resolution supported by two-thirds of all arbitrators excluding:

The arbitrator facing suspension or removal, and;
Any inactive arbitrator who does not respond within 30 days to attempts to solicit their feedback on the resolution through all known methods of communication.

Recusal of arbitrators

Shortcut

WP:RECUSAL

An arbitrator may recuse from any case, or from any aspect of a case, with or without explanation and is expected to do so where they have a significant conflict of interest. Typically, a conflict of interest includes significant personal involvement in the substance of the dispute or significant personal involvement with one of the parties. Previous routine editor, administrator or arbitrator interactions are not usually grounds for recusal.

An editor who believes an arbitrator should recuse will first post a message on the arbitrator's talk page asking the arbitrator to recuse and giving reasons. Should the arbitrator not respond, or not recuse, the user may refer the request to the Committee for a ruling. Requests for recusal after a case has entered the voting stage will not be granted, except in extraordinary circumstances.

Transparency and confidentiality

Committee deliberations are often held privately, though the Committee will make public detailed rationales for decisions related to cases, unless the matter is unsuitable for public discussion for privacy, legal or similar reasons. The Committee treats as private all communications sent to it, or sent by a Committee member in the performance of their duties.

Procedures and roles

The Committee may create or modify its procedures, provided they are consistent with its scope; and may form subcommittees or designate individuals for particular tasks or roles. Where appropriate, the Committee may invite community comment on intended changes prior to implementing them.

The Committee maintains a panel of clerks to assist with the smooth running of its functions. The clerks' functions include the administration of arbitration cases and management of all the Committee's pages and subpages; enforcing Committee decisions; implementing procedures; and enforcing good standards of conduct and decorum on the Committee's pages.

Arbitration proceedings

Jurisdiction

The Committee has jurisdiction within the English Misplaced Pages.

The Committee has no jurisdiction over: (i) official actions of the Wikimedia Foundation or its staff; (ii) Wikimedia projects other than the English Misplaced Pages; or (iii) conduct outside the English Misplaced Pages.

The Committee may take notice of conduct outside its jurisdiction when making decisions about conduct on the English Misplaced Pages if such outside conduct impacts or has the potential to impact adversely upon the English Misplaced Pages or its editors.

The Committee retains jurisdiction over all matters heard by it, including associated enforcement processes, and may, at its sole discretion, revisit any proceeding at any time.

Requesting arbitration

Requests for arbitration must be presented in the manner designated by the Committee. The Committee may accept or decline any matter at its sole discretion; it will take into account, but will not be bound by, the views of the parties to the request and other interested users.

Forms of proceeding

Standard proceedings: By default, hearings are public and follow the procedures published on the relevant arbitration pages.
Summary proceedings: Where the facts of a matter are substantially undisputed, the Committee may resolve the dispute by motion.
Private hearings: In exceptional circumstances, typically where significant privacy, harassment, or legal issues are involved, the Committee may hold a hearing in private. The parties will be notified of the private hearing and be given a reasonable opportunity to respond to what is said about them before a decision is made.
Appeals: Appeals by blocked, banned, or similarly restricted users are usually conducted by email.

Participation

Decisions are reached by a majority vote of active, non-recused arbitrators. An arbitrator whose term expires while a case is pending may remain active on that case until its conclusion. Newly appointed arbitrators may become active on any matter before the Committee with immediate effect from the date of their appointment.

Statements may be added to case pages by any interested editor. Editors are expected to respond to statements about themselves; failure to do so may result in decisions being made without their participation. All editors are required to act reasonably, civilly, and with decorum on arbitration case pages, and may face sanctions if they fail to do so.

Admissibility of evidence

In all proceedings, admissible evidence includes:

All Misplaced Pages edits and log entries, including deleted or otherwise hidden edits and log entries;
Edits and log entries from Wikimedia projects other than the English Misplaced Pages, where appropriate; and
Posts to official mailing lists.

Evidence from official mediation is admissible only with the express prior written consent of the Mediation Committee.

Evidence based on private communications (including, but not limited to, other websites, forums, chat rooms, IRC logs, email correspondence) is admissible only by prior consent of the Committee and only in exceptional circumstances.

Evidence may be submitted privately, but the Committee normally expects evidence to be posted publicly unless there are compelling reasons not to do so. The Committee will decide whether to admit each submission of private evidence on its own merits and, if admitted, the evidence will be considered at a private hearing.

Temporary injunctions

At any time between the request for a case being made and the closure of the case, the Committee may issue temporary injunctions, restricting the conduct of the parties, or users generally, for the duration of the case.

Format of decisions

Decisions are written in clear, concise standard English and usually: (i) outline the salient principles, (ii) make findings of fact, (iii) set out remedies and rulings, and (iv) specify any enforcement arrangements. Where the meaning of any provision is unclear to any arbitrator, the parties, or other interested editors, it will be clarified upon request.

Policy and precedent

The arbitration process is not a vehicle for creating new policy by fiat. The Committee's decisions may interpret existing policy and guidelines, recognise and call attention to standards of user conduct, or create procedures through which policy and guidelines may be enforced. The Committee does not rule on content, but may propose means by which community resolution of a content dispute can be facilitated.

While the Committee will typically take into account its earlier decisions when deciding new cases, previous decisions do not create binding precedent. As community policies, guidelines and norms evolve over time, previous decisions will be taken into account only to the extent that they remain relevant in the current context.

Appeal of decisions

Any editor may ask the Committee to reconsider or amend a ruling, which the Committee may accept or decline at its discretion. The Committee may require a minimum time to have elapsed since the enactment of the ruling, or since any prior request for reconsideration, before reviewing it.

Ratification and amendment

Once adopted by the Committee, this policy will undergo formal ratification through a community referendum and will enter into force once it receives majority support, with at least one hundred editors voting in favour of adopting it. Until this policy is ratified, the existing arbitration policy remains in effect.

Amendments to this policy require an identical ratification process. Proposed amendments may be submitted for ratification only after being approved by a majority vote of the Committee, or having been requested by a petition signed by at least one hundred editors in good standing.

The Committee is responsible for formulating its own processes and procedures under this policy, which do not require ratification.

Notes

The Arbitration Committee resolved by motion on 14 February 2024 to hear appeals from editors who are (a) blocked for reasons that are unsuitable for public discussion, or (b) blocked or banned by Arbitration and Arbitration Enforcement decisions. Examples of reasons that are unsuitable for public discussion include blocks (i) marked as an Oversight block, or (ii) based on CheckUser evidence, and where there exists disagreement between checkusers as to the interpretation of the technical evidence. It is expected that blocks marked as a CheckUser block are by default appealed on-wiki; however, the Arbitration Committee may hear appeals of such blocks if there are compelling reasons to hear an appeal in private.
Following a request for comment in July 2011, the community resolved that administrator accounts which had been inactive for over a year (defined as making "no edits or administrative actions for at least 12 months") may also be desysopped by a community process independent of the Committee.
The Mediation Committee was disbanded on November 12, 2018 as a result of an RfC.

Categories: