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Comments on Drafting the Codidact Arbitration & Review Panel

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Drafting the Codidact Arbitration & Review Panel [duplicate]

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Closed as outdated or superseded by ArtOfCode‭ on Nov 21, 2020 at 21:10

This question has been superseded or is outdated. For more up-to-date information, see the linked post. See: Second Iteration of Drafting the Codidact Arbitration & Review Panel

This question was closed; new answers can no longer be added. Users with the reopen privilege may vote to reopen this question if it has been improved or closed incorrectly.

Since Codidact was founded, we have had one rule leading our path every step of the way. It's the rule that community comes first. That the Codidact "staff" shouldn’t overrule the community, but could be overruled by it.

In any community, acts of moderation should be rare. And even rarer is the need to review these decisions. However, there will inevitably be cases where certain situations need to be reviewed:

  1. Users think that an action (for example, a suspension) is wrong or even malicious.
  2. A moderator might misbehave and violate our light Code of Conduct or our Terms of Service.

I want to emphasize that there have been no such cases yet, and there will likely (and hopefully) not be for months, if not years. But we can be sure that there will be one at some point in the future. When this situation does arrive, it's better to have an existing process that can be followed to guarantee the best resolution of the conflict rather than coming up with a brand new process on the spot.

It should be clear that such a process shouldn't involve "us" (the Codidact team), but rather "you" (the community). Hence, at some point, it was decided on the old forum that we'd eventually have some kind of review panel, which would be responsible for these cases.

While there will probably be no "panel elections" for the time being, because the panel members would still be a large percentage of our community members (which wouldn't exactly make sense at this stage), we have made a start on the Panel review process. It is based on these three principles:

  1. The Panel decisions are binding to moderators and the Codidact team1.
  2. Every party should be heard before any decision is made.
  3. The Panel shall be independent and impartial.

This process is currently only a draft. We'd like your feedback, and welcome any suggestions for changes to it. Please leave them in answers to this question.

You can find our current draft here.

  1. For obvious reasons, there are some legal limits. However, in these cases, we have tried to strike a balance between legal and community interests. For example, in such a case, the Panel may decide to publish our reasons (with private information redacted).

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General comments (5 comments)
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Article 22 says that all decisions are to be published, exclusive of summary judgments. I think it should specify that the decisions be published with reasons included, and inclusive of summary judgments (though those may not have reasons stated). The more transparency into the workings of the panel, the more trust people will have in it. For a summary judgment in particular, I don't like that it can have been noticed by only two panel members, has no appeal, and has no publication.

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General comments (12 comments)
General comments
Mithrandir24601‭ wrote over 4 years ago

We want to balance privacy with transparency, so if there's a way of doing this without violating anyone's privacy, then we'd be off to a better start here

msh210‭ wrote over 4 years ago

Yes, of course, @Mithrandir24601. I meant with details redacted as needed.

Isaac Moses‭ wrote over 4 years ago

If the panel is forced to publish every summary rejection, that could lead to abuse by a community member - sending serial spurious complaints about a moderator just to get the rejections published.

msh210‭ wrote over 4 years ago · edited over 4 years ago

@IsaacMoses, good point. But I don't like that a summary rejection can have been noticed by only two panel members, has no appeal, and has no publication.

msh210‭ wrote over 4 years ago

. . . I've edited this answer to state that clearly.

luap42‭ wrote over 4 years ago

This post contains two things: First of all, the reasons for the decision should already be published. I'd consider the explanation (Art. 24) part of te decision; but I can also add a "and the explanations" in Art. 22 if you think, that it isn't clear enough.

luap42‭ wrote over 4 years ago

For the second thing -- summary decisions -- it's hard to strike a balance here. We want the panel to be accountable and transparent and prevent any kind of possible abuse. However, we also want to prevent malicious users from blocking the panel with nefarious appeals or to flood the publication list with pointless summary rejections.

luap42‭ wrote over 4 years ago

I don't think, the publication of summary rejections is really that helpful, because it will at most be XXXX vs Site Moderators -> Summarily rejected as spam. (XXXX = redacted). If you want to find out, at which rate summary rejections happen, we can do that. It would be contrary to the principle of a "summary decision", to require the reporters to write long explanations.

luap42‭ wrote over 4 years ago

@msh210 Yeah, something like such a separate list of summary rejections should be possible if they can be automatized (depends on the management systems we'll end up using). I am not sure, whether we should publish the names of users with unsuccessful appeals, but this can be done in general. I'll review it for the next revision of this draft.

Monica Cellio‭ wrote over 4 years ago

If we're concerned about noisy/nefarious appeals flooding the list and making it hard to find the real ones, they don't all have to be mingled on the same list -- deliberated appeals on one list, summary judgements on another. And it would be fine to aggregate them where applicable, e.g. "July 2020, 3 appeals from same user about suspension for spam, summarily dismissed" or the like. Looking to what courts do is a good idea (though appeals on Codidact are cheaper/easier than court filings).

Mithrandir24601‭ wrote over 4 years ago

Yeah, having summary rejections on a separate list sounds like a good idea. Could take that further and just have a single list that contains all the summary rejections, while each 'real' rejection would be done as a separate post (maybe that's what you're getting at here?)