This is an old revision of this page, as edited by Sphilbrick (talk | contribs) at 15:51, 3 October 2014 (→Clarification request: Sexology (TParis): new section). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.
Revision as of 15:51, 3 October 2014 by Sphilbrick (talk | contribs) (→Clarification request: Sexology (TParis): new section)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)This page has been blanked as a courtesy. The Arbitration Committee's decision is still in effect, and can be viewed at the main case page. The contents of this page can be viewed in the page history. |
Case clerks: Penwhale (Talk) & Ks0stm (Talk) Drafting arbitrator: David Fuchs (Talk)
Misplaced Pages Arbitration |
---|
Open proceedings |
Active sanctions |
Arbitration Committee |
Audit
|
Track related changes |
Behaviour on this page: Arbitration case pages exist to assist the Arbitration Committee in arriving at a fair, well-informed decision. You are required to act with appropriate decorum during this case. While grievances must often be aired during a case, you are expected to air them without being rude or hostile, and to respond calmly to allegations against you. Accusations of misbehaviour posted in this case must be proven with clear evidence (and otherwise not made at all). Editors who conduct themselves inappropriately during a case may be sanctioned by an arbitrator or clerk, without further warning, by being banned from further participation in the case, or being blocked altogether. Personal attacks against other users, including arbitrators or clerks, will be met with sanctions. Behavior during a case may also be considered by the committee in arriving at a final decision.
Request for clarification (September 2013)
The Committee clarified that discretionary sanctions were authorised for articles dealing with transgender issues and for articles dealing with paraphilia classification. Callanecc (talk • contribs • logs) 13:21, 25 September 2013 (UTC)The following discussion is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.
Initiated by Sceptre at 18:08, 18 September 2013 (UTC)
List of any users involved or directly affected, and confirmation that all are aware of the request:
- Sceptre (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)
- Penwhale (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) (clerk)
- 99.192.90.227 (talk · contribs · deleted contribs · logs · filter log · block user · block log) here (Notified of DS by Penwhale and thus affected)
- Elaqueate (talk · contribs · deleted contribs · logs · filter log · block user · block log) here (Notified of DS by Penwhale and thus affected)
- Sportfan5000 (talk · contribs · deleted contribs · logs · filter log · block user · block log) here (Notified of DS by Penwhale and thus affected)
- Daira Hopwood (talk · contribs · deleted contribs · logs · filter log · block user · block log) here (Notified of DS by Penwhale and thus affected)
Statement by Sceptre
Remedy 4.1 of Sexology, "Discretionary Sanctions", states that discretionary sanctions may be authorised "for all articles dealing with transgender issues and paraphilia classification". This is mostly a set theory/syntactical question: does the remedy refer to the intersection of the categories, or the union of the categories? My view of it was the former, but Penwhale believes it applies to the latter. It may be prudent for the Committee to state what its intent was. Sceptre 18:08, 18 September 2013 (UTC)
Statement by Collect
In sanctions, the word "and" generally refers to the union of the topics mentioned. Collect (talk) 18:30, 18 September 2013 (UTC)
Statement by Penwhale
First things first: I have added the names of the 4 editors I notified of the Sexology DS and have notified them of this discussion (as they're directly affected by this request). Now that's out of the way: That wording really is not the best thing in the world. (As Sceptre pointed out, it creates different interpretations.) The thing is that the intersection of the two clauses... In fact, I'm having trouble pointing out the intersection of the clauses, because I believe that such intersection would cover a very limited set of articles that the committee would have named those articles directly in the remedy. - Penwhale | 22:55, 18 September 2013 (UTC)
Statement by Daira Hopwood
First, let me state that the category of paraphilias is a rag-bag of things that were at one time considered weird or bad by privileged cisgender psychiatrists blinkered to their own prejudices -- including but not limited to:
- engaging in common and harmless human sexual behaviours such as masturbation using a dildo or vibrator, or finding it kinky to cross-dress;
- propensity to commit, or history of committing criminal acts such as rape and sexual abuse of children;
- having a trans* gender identity.
Of course no reasonable person would consider these to have anything to do with one another.
See here for links to explanations of how deeply problematic the whole idea is and how it interferes with clear thought about any of the things it refers to, including this strongly argued and well-supported proposal to remove the "severely flawed" category of paraphilias from psychiatric diagnostic manuals.
It is therefore somewhat problematic to have an arbitration case that purports to be covering all of these things that have nothing to do with each other, especially if no-one is sure whether it's supposed to be a union or an intersection.
It's also problematic to add people retrospectively,
- to a case they have had no input into, would probably have disagreed with the entire premise of, and that is entirely unrelated to the present discussion about WP:AT, WP:BLP, MOS:IDENTITY etc.;
- especially if it is disproportionately trans* people and allies who are added;
- and if they are added as a consequence of calling out transphobia in a debate triggered by widespread public criticism of Misplaced Pages policies that particularly affect trans* people.
--Daira Hopwood ⚥ (talk) 06:07, 19 September 2013 (UTC)
Statement by Thryduulf
While "paraphilia" might not be the most sensitive term in all situations, it is a term that is used in sexology (read the original case for evidence of this). The arbitration committee are not making a value judgement about anything. Whether it is a useful classification, or whether any particular activity should or should not be classified as a paraphilia are irrelevant.
t may also include: In more expansive language I believe that the scope should be interpreted as applying to: All articles dealing with
- Issues relating to the topic of transgenderness; and/or
- Issues relating to transgender people; and/or
- The classification of activities as paraphilias; and/or
- the classification of a specific activity as a paraphilia; and/or
- The classification "paraphilia".
I am not sure whether it also includes
- Activities classed as paraphilias.
- Individuals who engage in activities classed as paraphilias
My gut feeling is that the first of these two bullets is probably included but the second is not. Clarification would be welcome. Thryduulf (talk) 09:55, 19 September 2013 (UTC)
Semantic musing by NE Ent
And is inherently semantically ambiguous and requires English speakers to infer meaning from context. For example, the narrator of Rainy Days and Mondays would clearly be sad on a Friday with precipitation or a sunny 23 September 2013, whereas the predicate of If You're Happy and You Know It clearly implies that joyous children lacking self awareness would not be clapping. Suggest using or where intent is union and the both .. and construct where the committee wishes to specify intersection. NE Ent 09:44, 25 September 2013 (UTC)
Statement by {other user}
Clerk notes
- This area is used for notes by the clerks (including clerk recusals).
- Performed admin action related to this request, so recuse. - Penwhale | 22:55, 18 September 2013 (UTC)
- Recuse. --Rschen7754 05:47, 25 September 2013 (UTC)
Arbitrator views and discussion
- In my opinion, Penwale's construction of the clause is the correct one. Salvio 19:03, 18 September 2013 (UTC)
- @Thryduulf: in general, I'd say that articles about individuals who engage in activities classed as paraphilias are usually not covered by the the current wording of the remedy, though I add the usual caveat that discretionary sanctions can be applied on the basis of the contents of the specific edit (which means that, in theory, there may be a case where an edit to the biography of a person who engages in those activities can be sanctioned pursuant to this provision, although, personally, I'd probably prefer invoking WP:BLPBAN). Salvio 11:36, 22 September 2013 (UTC)
- Agree with Penwhale, Collect and Salvio. NW (Talk) 19:20, 18 September 2013 (UTC)
- @Thryduulf: Yes to all, including the last one if it is a significant point of their notability and/or the point of dispute in an article. As an analogy, a couple months ago, I wrote that the only thing that WP:ARBPIA applies to in the Syrian Civil War article only where the article talks about incursions with the Israelis near the Golan Heights. NW (Talk) 02:37, 20 September 2013 (UTC)
- And I agree with NW. Courcelles 22:30, 19 September 2013 (UTC)
- If in doubt assume the greater rather than the lesser. And preferably avoid inappropriate behaviour on any article, especially after being warned or advised that such behaviour is unwelcome. The community and ArbCom would tend to support an admin who applied sanctions where the behaviour was clearly inappropriate even if there was some doubt regarding if the article were under DS; but - conversely - there would be some concern if an admin applied sanctions for edits on an article which was clearly under DS but there was some doubt if the user was behaving inappropriately. It's the inappropriate behaviour we wish to eliminate, not the general editing of a topic - and editors should not feel inhibited from editing in a topic area that's under DS. SilkTork 09:15, 20 September 2013 (UTC)
Clarification request: Sexology
declined as not in scope --S Philbrick(Talk) 15:35, 3 October 2014 (UTC)The following discussion is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.
Initiated by EvergreenFir (talk) Please {{re}} at 20:37, 1 September 2014 (UTC)
List of any users involved or directly affected, and confirmation that all are aware of the request:
- EvergreenFir (talk · contribs · deleted contribs · logs · filter log · block user · block log) (initiator)
- Carolmooredc (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- SPECIFICO (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Tutelary (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Bridenh (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Steeletrap (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Two_kinds_of_pork (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- NorthBySouthBaranof (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Dolescum (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Obiwankenobi (talk · contribs · deleted contribs · logs · filter log · block user · block log)
- Sun on a snowy day (talk · contribs · deleted contribs · logs · filter log · block user · block log)
Statement by EvergreenFir
There have been on-and-off discussions on Talk:Radical feminism since April 2014 regarding the acronym "TERF" (which stands for "trans-exclusionary radical feminists"). Specifically there is disagreement whether or not the term should be considered a slur and thus not used on talk pages in any other context other than the acronym itself or its use by others vis-a-vis the content of the article. Carolmooredc first posted about it on the RadFem article and on WP:XX in April of this year asking users not to use it. Since then there have been various conversations about it here, here, and here. Most recent discussion (seen in the last two links in the previous sentence) has been around asking the ARBCOM to clarify if this acronym constitutes a slur and would thus be under the purview of the Sexology decision regarding transgender issues.
For clarity, it is my personal view that the acronym does not constitute a slur as it is only viewed as such by those it refers to. It is not the same as other widely recognized slurs such as this and this. I have described my views more clearly in the linked talk page discussions above.
This is my first time at ARBCOM so I apologize if any of this is improperly formatted or otherwise incorrect.
Statement by Tutelary
Hello. This is also my first arbitration case request so please bare with me if I am not keen on all of the formatting and the rules. But, in my view, this dispute is stemming from the fact that one or two editors feel the need to attribute TERF as a slur. I do not share this view, because it's the exact opposite of a slur. It's an acronym describing a subset of Radical feminism that do not accept trans* folk at all. The reasoning on how this is a slur also baffles me. The fact that some people use it in threatening emails? Well, if we attribute that to being a slur, then we'd also open our doors to everything be a slur, because threatening emails will be threatening regardless of the terminology used. We also don't generally involve ourselves into off wiki disputes. It is of point that it is a useful term to describe the group of radical feminists who don't support trans people. That's all it's being used for on the talk, and that's all it will ever be used for it. It falls incredibly short of being a slur anyways, like Evergreen pointed out the two examples; 'nigger' and 'tranny'. Those terms are made to inflame and insult, this one is made to describe a group and their general POV; like Pro-Choice and Pro-Life. I feel that Arbitration clarification request is the acceptable method for clarification because otherwise it's just 'X says its a slur' and 'Y says that it isn't' and generally gets all muddy and filthy. A clarification would be greatly appreciated. Tutelary (talk) 21:03, 1 September 2014 (UTC)
Statement by olive
This is a behaviour issue but solutions may be dependent on whether the acronym is a slur. Both can be decided by the community in general. If something makes another editor feel uncomfortable then I do wish that we drop it, a very easy way to avoid hurt and contention. Doing so seems to be the deeper sense of what civility is. Not an arbcom issue.(Littleolive oil (talk) 21:13, 1 September 2014 (UTC))
Statement by TParis
As I said in the Manning naming dispute Arbcom case, whether something is a slur or not depends on the CONTEXT it is used in - and I'm not sure I can emphasize that enough. We need to quit acting like children on here with no concept of dimension and a two sided construct of language. A word cannot be offensive or nonoffensive. How the word is used can be. That's what matters. Each case must be evaluated on it's individual merits. If someone says "From the TERF perspective, blah blah blah etc etc etc" then that would not be an offensive word. If someone said "The fuck do we care what you think, TERF?" That's offensive. It's simple. CONTEXT!--v/r - TP 22:08, 1 September 2014 (UTC)
Arbcom case not needed - only clue and maturity are required here.
Statement by SPECIFICO
The word refers to a well defined, real-world phenomenon, and it is appropriately-sourced. The talk page controversy arose when one editor vowed to go immediately to Arbcom. This seemed to imply a threat of sanctions against editors who did not accede to her insistence that the word was used as a slur and her demand that it be removed from the article. SPECIFICO talk 23:12, 1 September 2014 (UTC)
I have not seen any editor use the word to describe or address another editor on WP. We're discussing article content only. Any reference to personal attacks should be supported by a link, otherwise let's not confuse things with red herrings and straw women arguments. SPECIFICO talk 01:04, 2 September 2014 (UTC)
Statement by Carolmooredc
Given the Sexology and Bradley Manning arbitrations, I was seeking clarification on what to do about this issue at Wikipedia_talk:Arbitration/Requests#Not_sure_if_clarification_or_enforcement_issue. (Note: Issue being loose use of it on the web page to refer to specific individuals or groups of radical feminists in an obviously negative fashion, or any potential use against other editors; removing properly sourced information on the term has not been an issue.) Advice there to bring it to ANI seems sensible. I think an intelligent discussion of the WP:RS calling it a slur and a dozen or so examples of how the term is used to insult and threaten women, if shared at WP:ANI, would clarify the issue for the community. However, if it does seem that this issue belongs here, that information can be shared here. Carolmooredc (Talkie-Talkie) 00:07, 2 September 2014 (UTC)
- I was wondering what is happening with this clarification. I just saw this revert with the edit summary "Hungerford is a prominent radfem and terf)" and the relevant sentence was "The term is considered a slur by those at whom it is directed, such as Elizabeth Hungerford." Because some arbitrators here seemed to think it only should not be used against editors, perhaps the editor here thought it was OK to use against living persons, including those who have received threats which often use that term. FYI, Hungerford writes about being "gender critical." So some real clarification here needed. Thanks. Carolmooredc (Talkie-Talkie) 19:16, 18 September 2014 (UTC)
- For the record, here are other refs calling TERF a slur or an insult (some mention the "gender critical" alternative description):
- New Yorker “those at whom it is directed consider it a slur.” (This article and term mentioned at the Federalist.com.
- Village Voice “a label the feminists consider a slur .”
- American Conservative titles article: "Radical Feminism & The TERF War"
- National Journal mentions that the female congressional staffer who recently vandalized Misplaced Pages's Laverne Cox article discussed her dislike of the TERF accusation.
- Counterpunch: “Make no mistake, this is a slur. TERF is not meant to be explanatory, but insulting.”(2013) and later described it as one of several “epithets”(2014).
- Bitch magazine describes a feminist who “considers a slur” the term TERF.
- A few of the many personal sites where women discuss the term as being a slur and insult against feminists and women who don't support every jot and tittle of the transgender ideology: , , , .
- If I see what I think are abuses of WP:BLP, even if no editors are abused, I can bring the issue to the appropriate forum. It's always an educational discussion. Thanks. Carolmooredc (Talkie-Talkie) 02:00, 20 September 2014 (UTC)
- For the record, here are other refs calling TERF a slur or an insult (some mention the "gender critical" alternative description):
Statement by Cla68
According to this article in the Huffington Post, TERF refers to feminists who are transphobic or otherwise discriminate against trans-gender people. Thus, TERFs could arguably meet the definition of a hate group. So, the use of this term to refer to Misplaced Pages editors could very-well violate WP:NPA and it could violate WP:BLP to refer to a living person unless very robustly sourced. However, it does appear to be the term used in general for anti-trans feminists and thus can be used in that context in the applicable articles. Cla68 (talk) 00:30, 2 September 2014 (UTC)
Statement by Neotarf
After pursuing the meaning of this through the internet for better than an hour, I have come up with this explanation. Some individuals, who Arnold Schwarzenegger might term as "lady-boys", and who have male chromosomes and male genitals, want to use female toilets. Also women's sleeping areas and women's prisons. The reason for this is that they believe gender is social. They say anyone who does not agree with them is trying to deprive them of their rights, and is filled with "hate and exclusion". They loathe women almost as much as they loathe their own bodies, and as a result of believing they have become women, they spend a lot of time on "men's rights" forums trying to enforce strict gender roles and telling women how to act as women. I'm sure I have missed some nuance of this, and that someone will come by and set me straight on some of the detail, but this is definitely a thing. Anyone who resists strict gender roles is deemed a "terf", as in "kill terfs", which according to this New Yorker article, has become a common internet threat.
The two terms mentioned by the OP as being "widely recognized slurs" are no such thing , but we can certainly add all of these terms to those that do not belong on the talk pages of Misplaced Pages. That this term was used by an IP, and not a signed-in user, kind of speaks for itself.
- @TParis:
If someone says "From the TERF perspective, blah blah blah etc etc etc" then that would not be an offensive word.
I'm just not buying it that (in a similar construction) it's okay to say "From the faggot perspective..." or "From the slut perspective..." as long as you don't say "Die, faggot" or "Die, slut". I'm just not buying it; this is offensive. At the very least, this is a gross misrepresentation of someone's views.
- @Cla68: the Huffington piece cited is not a neutral "article" but a blog opinion piece by Kelsie Brynn Jones, a LGBT activist and movie producer.
Comment by Sceptre
This is an issue way out of any remit of the community or ArbCom, because it's off-wiki drama spilling in, basically, so we can't really make a decision that doesn't affect how we talk about content. That said, from a personal perspective, I tend to view with suspicion anyone who says the phrase "TERF is a slur", because the people who say that tend to have a demonstrable history of transphobia. For example, one of the people cited in the article, Elizabeth Hungerford, wrote a letter to the UN two years ago stating that legislative protections for trans people are "a violation of the human rights of women. What I've noticed, off-wiki, is that people who say the term is a slur never actually say why it's a slur. The term is more comparable to "Tory" or "liberal" than "nigger" or "tranny". On the question of content: transphobic radical feminism is a fringe view even of radical feminism, and anti-transgender perspectives should be given according weight. Sceptre 14:04, 6 September 2014 (UTC)
Statement by {other user}
Clerk notes
- This area is used for notes by the clerks (including clerk recusals).
Arbitrator views and discussion
- I'll repeat what I wrote on the talk page. This isn't something ArbCom needs to deal with, in my opinion. If the term TERF is being used as a personal attack, then the person using it in that fashion may, depending on the circumstances, be sanctioned, but I have seen nothing proving that the community is not capable of dealing with this issue. Also, as far as I know, that the expression is a slur is not the current consensus. Dave Giuliano 20:44, 1 September 2014 (UTC)
- This really isn't an ArbCom decision, as it's too close to the "content". The community has the ability to make a decision on whether the term is a slur - and I believe TParis has rather got the point, context is key. If the intent is to use it as a slur, then the user should face consequences. If not and offence is being caused, at most a quiet word might be helpful. If the quiet word doesn't help, grit your teeth and move on, remember offence can only be taken, not given. Worm(talk) 09:19, 2 September 2014 (UTC)
- In my view, the crux of the problem is not the fact that an acronym is being used, but the use of characterizations such as "trans-exclusionary" and "radical," which may be problematic individually and doubly so in combination. Is there a way of saying what one wants to say without turning up the heat in this manner? I agree this is not an ArbCom matter in and of itself, but I must say that some of the user conduct that underlay the original Sexology case was among the worst I've seen in my 8 years on Misplaced Pages, and the whole subject goes to the heart of how many people perceive themselves and their identities—so I'd urge editors in this area to be especially sensitive to one another's feelings and perceptions, especially when this can be done without compromising straightforward communications. Newyorkbrad (talk) 07:13, 3 September 2014 (UTC)
- I don't think ArbCom can say "this term is offensive or a personal attack", because what constitutes a PA or incivility is as always a community norm ; my gut feeling is that if the term is contentious, it really shouldn't be used outside of where it is justified (i.e., in the encyclopedic coverage of what sources say on the main page, and in discussion of that content, not contributors, on talk pages.) I think that with the encyclopedia's general guidance on avoiding personal attacks and fostering a collaborative atmosphere using labels is not going to help our aims. Der Wohltemperierte Fuchs 12:55, 3 September 2014 (UTC)
- It is not up to the Arbitration Committee to determine whether a specific term is offensive or not (thankfully—that would make for quite a case...) I agree with David that the best approach would be to avoid using contentious terms to refer to other editors, and editors should be cautious when using them in an encyclopedic context. GorillaWarfare (talk) 00:39, 4 September 2014 (UTC)
- Broadly agreed with GorillaWarfare. It might be necessary to use terms that would normally be offensive when discussing encyclopedic content, but needlessly inflammatory language should be avoided when referring to other editors. Regardless, we can't make a list of words that it would always or never be appropriate to use; context always matters. Seraphimblade 01:06, 4 September 2014 (UTC)
- ArbCom are not subject experts, as my colleagues point out, so we are singularly unqualified to decide this request and I would therefore dismiss it without further action. The community are more than capable of deciding whether a given single phrase is or isn't a personal attack. AGK 09:35, 29 September 2014 (UTC)
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.
Clarification request: Sexology (TParis)
declined as requiring no action--S Philbrick(Talk) 15:51, 3 October 2014 (UTC)The following discussion is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.
Initiated by v/r - TP at 19:02, 12 September 2014 (UTC)
- Case or decision affected
- Sexology arbitration case (t) (ev / t) (w / t) (pd / t)
- Misplaced Pages:Administrators'_noticeboard/Archive264#Request_warning_to_be_expunged
List of any users involved or directly affected, and confirmation that all are aware of the request:
- TParis (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) (initiator)
- Sandstein (talk · contribs · blocks · protections · deletions · page moves · rights · RfA) Notified
Statement by TParis
- I would like to know if Misplaced Pages:Administrators'_noticeboard/Archive264#Request_warning_to_be_expunged is a broad enough consensus to meet the threshold listed at Misplaced Pages:Arbitration_Committee/Discretionary_sanctions#Appeals_and_modifications #2 requiring a consensus at the administrator's noticeboard ("AN") to have the decision by Sandstein to list me as sanctioned with a warning under this case overturned.--v/r - TP 19:03, 12 September 2014 (UTC)
- @Sandstein: Righteo - I didn't feel comfortable calling a consensus of four editors a consensus that could uncontroversially overrule an Arbcom sanction/warning, even as an enforcement action and not as part of a case, and I wasn't prepared to argue that such a precedent should be set either way.--v/r - TP 20:42, 12 September 2014 (UTC)
- @Arbcom: Regarding Sandstein's question of where to log violations of WP:AC/DS#Decorum, I am not at all opposed to being listed in a log if one were to be created for it specifically. I only oppose where it is logged currently.--v/r - TP 04:21, 13 September 2014 (UTC)
- @Arbcom: Hey folks, I've already had an ANI thread stall on me, could we please get a resolution out of this?--v/r - TP 01:20, 26 September 2014 (UTC)
Statement by Sandstein
The four editors who commented in that section supported TParis's appeal, which in most Misplaced Pages discussions would constitute a consensus in favor of their position. But I don't really have any basis on which to form an opinion one way or the other about whether they were uninvolved editors (for whichever meaning of "uninvolved" the Committee may have intended), or whether this relatively limited degree of participation constitutes the "clear and substantial consensus" of uninvolved participants required to sustain an appeal.On the merits, despite the disagreement of these other editors, I remain of the view that an editor who misbehaves in an AE discussion concerning a topic covered by discretionary sanctions is, themselves, subject to the discretionary sanctions authorized for that topic area, and that the warning at issue (meant as the mildest possible sanction, and not to be confused with a no-longer-loggable alert) was therefore correctly logged.
Moreover, to the extent that the sanction was also in application of WP:AC/DS#Decorum, this case raises the question of whether and where sanctions authorized by that provision should be logged.
While I don't have strong feelings about any of these questions, some clarification with respect to any of them might be helpful for future cases. Sandstein 19:29, 12 September 2014 (UTC)
- Salvio giuliano: I appreciate the feedback. In this case, though, I consider that my action was appropriate to the misconduct at issue. Indeed, a brief block might have been preferable, also in view of the fact that TParis is an administrator, about the conduct of which the community tends to have higher, not lower, expectations. Of course, such appreciations are a question of individual judgment and temperament, and it is therefore to be expected that different people will come to different conclusions. But the mere fact that my appreciation of the situation doesn't match yours doesn't mean that I didn't exercise my best judgment and common sense. If the ArbCom delegates discretionary sanctions authority to individual administrators, it must accept that they will come to conclusions that may differ from those of individual arbitrators in any given case. Otherwise you'd be better off doing the job yourselves. Sandstein 15:00, 17 September 2014 (UTC)
- Newyorkbrad: If the Arbitration Committee concludes that TParis's appeal to AN was successful, or if the Committee itself undoes the warning on appeal, then I certainly accept that. But as I have said, I am of the view that the warning was appropriate. Therefore I don't quite understand what it is that you would like me to do. Sandstein 13:24, 18 September 2014 (UTC)
Statement by EdJohnston
Arbcom, please don't create any new procedures or any new logs for decorum warnings. The existing ones are working. TParis has argued that the warning to him was logged in the wrong place, but I disagree. If there was to be a warning at all under WP:AC/DS#Decorum, surely it should be added to the log of whatever Arbcom case the complaint was brought under. In my opinion Arbcom should treat this request from TParis as though it was an arbitration enforcement appeal. On that basis, Arbcom has jurisdiction to grant the request if it wants to (without being worried that it is interfering with the closure of the AN thread he filed). Another way to handle this would have been for TParis to file an arbitration enforcement appeal at WP:AE. If that had been done, I'd probably vote to grant the appeal and remove the logged warning. EdJohnston (talk) 15:50, 17 September 2014 (UTC)
Action by NE Ent
Per WP:IAR and the obvious trend here I've removed the warning on the sexology . NE Ent 16:15, 27 September 2014 (UTC)
Statement by The Devil's Advocate
Sandstein has been brought before ArbCom numerous times over the years for misguided and/or heavy-handed actions in areas subject to discretionary sanctions with this just being the latest incident. I think it would be nice if the Arbs would show some official displeasure with his conduct. At the very least he should be advised or instructed to be more judicious and respectful when carrying out his admin duties in this area. Perhaps you can include it in a motion to grant the appeal by TParis.--The Devil's Advocate tlk. cntrb. 20:52, 28 September 2014 (UTC)
Clerk notes
- This area is used for notes by the clerks (including clerk recusals).
Sexology (TParis): Arbitrator views and discussion
- I have reviewed the discussion on the noticeboard, including Sandstein's detailed comments there. On the substance of the request, while I understand Sandstein's technical points, on balance I fully agree with TParis that it is unreasonable and misleading for him to be listed as a DS-warned party under either the Manning decision and/or the Sexology decision. (This obviously doesn't mean I condone calling editors "morons," and I'm glad TParis understands that the term was inappropriate.) I also agree with TParis that the discussion on AN has reached a consensus in his favor on this issue. ¶ As a matter of DS procedure, the appeal-to-AN alternative would ordinarily call for assessment of consensus on the noticeboard itself by an uninvolved administrator, rather than by the Committee. However, due to a lull in the AN discussion it aged off the active AN board and into the archive, and I think it would be excessively wikibureaucratic to insist that the thread be pulled from the archive back onto AN so that an administrator can close it with the obvious result. ¶ With respect to Sandstein's inquiry concerning whether 4 editors is sufficient for consensus, I would say it depends on what is being discussed. If the subject of the discussion were a site-ban, participation by 4 editors would be woefully insufficient. In this instance, though, given the limited nature of the sanction and the fact that everyone who wanted to discuss it had an opportunity to do so, I believe there is sufficient basis for an outcome—particularly when the alternative would not be to declare the appeal unsuccessful, but to reopen the discussion in either the same or a different venue. Newyorkbrad (talk) 19:25, 12 September 2014 (UTC)
- I agree that we don't need to create a new logging location; we should just drop the warning that was given, as being unnecessary. I would appreciate if Sandstein would just accept this outcome so we can close this request out, as otherwise, unnecessary additional time will be spent on what everyone seems to agree is a very minor matter. Newyorkbrad (talk) 18:32, 17 September 2014 (UTC)
- In general, I agree with Sandstein that edits to an AE thread are covered by the underlying discretionary sanctions. However, and I find myself repeating this, the administrators manning the AE noticeboard need to use their best judgment and common sense when determing what the most appropriate course of action is in any given case. Here, TParis' use of the word "morons" was inappropriate; redacting the insult was a good idea as was leaving a note on his talk page, urging him to be more civil. What was an overreaction was making it a big deal, by logging the warning on the relevant case page like a discretionary sanction. After all, this was an isolated case of incivility and was not part of a pattern – at least, from my experience. Those who commented during the AN discussion reached the correct conclusion, in my opinion; and, while 4 people is a bit on the low side for these things, I agree with Brad that for the purpose of determining the number of people required to overturn a sanction, its severity should be taken into account (also, those commenting were, if I'm not mistaken, entirely uninvolved, which partly makes up for their small number). So, for all these reasons, I think the warning should be removed from the log. Also, in my personal capacity, I'd like renew my request to Sandstein to please be less heavy-handed in future and to first consider talking to the other editor as a person, instead of reaching immediately for his DS quiver. Salvio 09:50, 15 September 2014 (UTC)
- In light of the consensus on AN and that of the arbs who have commented, I have just removed the log entry. Unless one of my colleagues disagrees, I'd say this can be archived now. Salvio 09:44, 1 October 2014 (UTC)
- While I also don't endorse the "morons" comment, I agree with Salvio and Newyorkbrad. Seraphimblade 01:12, 19 September 2014 (UTC)
- I think Sandstein's warning was within the letter of the proverbial law, I'm not sure it was an ideal course of actions, per those above. Removal from the log would likely be ideal. In this case although a block would also have likely been within the letter, I don't think it would bevery consistent with the general actions taken against users/administrators that use such language, especially because of his willingness to redact. NativeForeigner 06:52, 26 September 2014 (UTC)
- I thought I wrote before, but clearly not. TParis, your comment was inappropriate - especially so in the forum it was written. It's hard enough to enforce arbitration decisions, without having to worry about decorum issues. That said, I don't believe it needed a formal warning and it certainly shouldn't be logged there. I don't see that the warning needed to be "logged" at all - in future, if an admin is being troublesome at AE, take to Arbcom - who can have a quiet word. At any rate, I believe the warning should be removed, and it appears that the community consensus (though of a small number of editors) agrees with that. Worm(talk) 07:37, 26 September 2014 (UTC)
- It seems a strange interpretation, in any event, to call a warning a "sanction". I would therefore eliminate this sanction from the log in question, then close this request. AGK 09:33, 29 September 2014 (UTC)
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.