Revision as of 21:47, 26 January 2014

Case clerk: TBD Drafting arbitrator: TBD

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The purpose of the workshop is for the parties to the case, other interested members of the community, and members of the Arbitration Committee to post proposed components of the final decisions for review and comment. Proposals may include proposed general principles, findings of fact, remedies, and enforcement provisions, which are the four types of proposals that can be included in the final decision. The workshop also includes a section (at the page-bottom) for analysis of the /Evidence, and for general discussion of the case.

Any user may edit this workshop page. Please sign all suggestions and comments. Arbitrators will place proposed items they believe should be part of the final decision on the /Proposed decision page, which only Arbitrators and clerks may edit, for voting, clarification as well as implementation purposes.

Motions and requests by the parties

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Proposed temporary injunctions

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Questions to the parties

Arbitrators may ask questions of the parties in this section.

Proposed final decision

Proposals by Robert McClenon

Proposed principles

Purpose of Misplaced Pages

The purpose of Misplaced Pages is to create a high-quality, free-content encyclopedia in an atmosphere of camaraderie and mutual respect among contributors. Use of the site for other purposes, such as advocacy or propaganda, furtherance of outside conflicts, or publishing or promoting original research is prohibited. Contributors whose actions are detrimental to that goal may be asked to refrain from them, even when these actions are undertaken in good faith.

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Decorum

Misplaced Pages users are expected to behave reasonably, calmly, and courteously in their interactions with other users; to approach even difficult situations in a dignified fashion and with a constructive and collaborative outlook; and to avoid acting in a manner that brings the project into disrepute. In content disputes, editors should comment on the content and not the contributor. Personalising content disputes disrupts the consensus-building process on which Misplaced Pages depends. Unseemly conduct, such as personal attacks, incivility and assumptions of bad faith, is prohibited.

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Agree, and this is very relevant here. North8000 (talk) 21:37, 26 January 2014 (UTC)

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Controversial Issues

It is both difficult and necessary to provide neutral point of view encyclopedic coverage to controversial issues. For that reason it is even more important than on less controversial issues that editors respect each other and the rules of civility and work collaboratively. This mandate especially applies to editors who have strongly held views on issues.

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Agree, and this is very relevant here. North8000 (talk) 21:38, 26 January 2014 (UTC)

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Battlegrounds and bad blood

Misplaced Pages is not a battleground. Consequently, it is a not a venue for the furtherance of grudges and personal disputes. A history of bad blood, poor interactions and heated altercations between users can complicate attempts to reach consensus. Inflammatory accusations perpetuate disputes, poison the well of existing discussions, and disrupt the editing atmosphere.

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Agree, but the "history of bad blood" this is a very small component. As far as I can tell, the only "history of bad blood" driven component is Geothean vs. others,. For the 2nd nastiest editor at the article (AndyTheGrump) it seems to be driven more by that merely their being their "style".

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Scope of ArbCom Proceedings

The Arbitration Committee does not, as a matter of policy and mission, decide good-faith article content disputes. However, when user conduct makes the resolution of content disputes difficult or impossible, the Arbitration Committee may impose appropriate remedies.

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Good principle, but not very relevant here. Goethean and AndyTheGrump's behavior has certainly harmed the efforts by those on both sides to resolve and move forward, but it has not roadblocked it.North8000 (talk) 21:47, 26 January 2014 (UTC)

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Evidence in ArbCom Cases

Evidence presented to the Arbitration Committee in support of full evidentiary cases should be relevant to the topic of the case, as stated by the filing party or parties or as modified by the ArbCom in accepting the case. Evidence that is not relevant to the case being considered (but may be unrelated allegations of misconduct by a party to the case) may be ignored by the ArbCom, or may be considered by the ArbCom in its sole discretion. Such evidence should be presented in appropriate forums instead, such as arbitration enforcement in the case of articles subject to discretionary sanctions, or a user conduct Request for Comments for an alleged pattern of abuse.

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Proposed findings of fact

Locus of dispute

The focus of this dispute is the article on gun control, which is a controversial topic in the United States and elsewhere.

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Agree. North8000 (talk) 21:35, 26 January 2014 (UTC)

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Gaijin42

Gaijin42 engaged in personal attacks.

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Gaijin42 engaged in edit-warring.

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Gaijin42 engaged in blatant forum shopping. When attempts to insert controversial material into gun control were reverted, he or she posted a request for comments. When the RFC was running against the proposed material, he or she then opened a noticeboard thread, seeking sanctions against those opposing the controversial language. Following the lack of consensus on the noticeboard, this Request for Arbitration was opened requesting that the Arbcom sanction those opposed to the controversial language.

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Nonsense. When attempts to remove controversial material from Gun control were reverted by Gaijin42 he did repeatedly restore it. However, the RfC appeared (to me) to be running in favor of having the material somewhere in the article (perhaps back in "Arguments"), and the requested sanctions on acting on a misinterpretation of the result of the RfC seem quite appropriate. — Arthur Rubin (talk) 23:42, 20 January 2014 (UTC)

Gaijin42 has sought to abuse the Misplaced Pages dispute resolution system in order to bully other parties into accepting the addition of controversial material. See above on forum-shopping for the details.

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I can't agree or disagree with that, but Goethean's actions certainly fall into the category of Bullying. — Arthur Rubin (talk) 23:42, 20 January 2014 (UTC)

Tea Party Movement and Antagonism

Some of the parties to this case were also parties to the controversy over the Tea party movement article and related articles. The content issues over those articles are not related (or only very indirectly related) to this dispute. However, antagonism either resulting from that controversy or preceding that controversy (possibly reflecting ideological divisions in American politics) have spilled into the controversy over this article and related articles. Some of the evidence introduced in this arbitration case is unrelated to the dispute over gun control articles.

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North8000

North8000 engaged in edit-warring over the subject of gun control.

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Absolutely not, and baseless. I have stayed miles away from edit warring.

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Goethean

Goethean engaged in edit-warring over the subject of gun control.

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AndyTheGrump

AndyTheGrump engaged in personal attacks.

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Questionable evidence presented against User:North8000

Hipocrite and Goethean have presented evidence against North8000 that is not related to Gun control but is applicable either to the controversy over the Tea party movement or other older disputes.

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Proposed remedies

Note: All remedies that refer to a period of time, for example to a ban of X months or a revert parole of Y months, are to run concurrently unless otherwise stated.

Discretionary Sanctions

Articles concerning gun control, broadly defined, are placed under standard Discretionary sanctions.

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Gaijin42 Topic-Banned

For personal attacks, harassment, and edit-warring, Gaijin42 is topic-banned from the subject of gun control, broadly defined, for a period of twelve months. This period shall be reset following any violations.

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Gaijin42 Strongly Admonished

Gaijin42 is strongly admonished to maintain decorum when editing controversial areas, and is warned that edit-warring and personal attacks may result in blocks for escalating periods of time.

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North8000 Topic-Banned

For personal attacks, harassment, and edit-warring, North8000 is topic-banned from the subject of gun control, broadly defined, for a period of six months. This period shall be reset following any violations.

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North8000 Strongly Admonished

North8000 is strongly admonished to maintain decorum when editing controversial areas, and is warned that edit-warring and personal attacks may result in blocks for escalating periods of time.

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AndyTheGrump Strongly Admonished

AndyTheGrump is strongly admonished to maintain decorum when engaged in disputes, and is warned that personal attacks may result in blocks for escalating periods of time.

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Goethean Topic-Banned

For personal attacks and edit-warring, Goethean is topic-banned from the subject of gun control, broadly defined, for a period of three months. This period shall be reset following any violations.

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Hipocrite and Goethean Strongly Cautioned

Hipocrite and Goethean are strongly cautioned that the posting of irrelevant evidence in a topic-oriented dispute is a misuse of the arbitration process that may boomerang by the imposition of interaction bans. They are advised that any evidence of misconduct that is within the scope of existing discretionary sanctions may be presented in arbitration enforcement within the applicable case, and that evidence of an alleged systematic pattern of misconduct is appropriate for a user conduct Request for Comments, but not in an unrelated case.

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Modified Interaction Ban Between Goethean and North8000

Goethean and North8000 are prohibited from interacting with each other indefinitely, subject to ordinary exceptions and special exceptions as defined in this order. In particular, each restricted editor is permitted to prepare a user conduct RFC against the other and to participate in ArbCom cases within the scope of those cases as opened by the ArbCom (but not beyond the scope of those cases).

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The purpose of this ban is to permit each restricted editor to engage in defined formal dispute resolution procedures, but to impose sanctions if their hostility spills into other forums. Robert McClenon (talk) 23:21, 25 January 2014 (UTC)

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Modified Interaction Ban Between Hipocrite and North8000

Hipocrite and North8000 are prohibited from interacting with each other indefinitely, subject to ordinary exceptions and special exceptions as defined in this order. In particular, each restricted editor is permitted to prepare a user conduct RFC against the other and to participate in ArbCom cases within the scope of those cases as opened by the ArbCom (but not beyond the scope of those cases).

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The purpose of this ban is to permit each restricted editor to engage in defined formal dispute resolution procedures, but to impose sanctions if their hostility spills into other forums. Robert McClenon (talk) 23:22, 25 January 2014 (UTC)

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Proposed enforcement

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Proposals by User:Example 2

Proposed principles

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Proposed principles

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Analysis of evidence

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General discussion

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A minor point perhaps, but I note that Robert McClenon began submitting his 'Proposed final decision' long before the original cut-off date for the submission of evidence - on January 6th. I would like to make it clear that I consider this less than ideal, and that perhaps it might be worth considering whether in future arbitration cases, such submissions are disallowed until such time as all the evidence is available. AndyTheGrump (talk) 22:21, 25 January 2014 (UTC)

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