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Comments on Drafting the Codidact Arbitration & Review Panel

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Drafting the Codidact Arbitration & Review Panel [duplicate]

+12
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Closed as outdated or superseded by ArtOfCode‭ on Nov 21, 2020 at 21:10

This question has been superseded or is outdated.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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+3
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Article 30 discusses that substitutes are sworn in if and only if at least 1/3 of the panel is recused.

What happens when exactly two members of the panel are absent? 1/3 of 7 is 2 and change, so if exactly two members are missing, that's less than 1/3.

Articles 16 and 17 discuss scenarios requiring a 2/3 majority. If no members are recused, that's 5/7. If exactly one member is recused, that's 4/6. But if two members are recused, you need 4/5. Compared to the 71% majority required for a full panel and the 66% majority if one person is missing, 80% seems unreasonably high, being a 14% range (with respect to the total panel).

I propose one of the following solutions:

  1. Readjusting Article 30 to kick in if more than one member is recused; this prevents a 5-person panel from existing, limiting the range to just 5%. Alternatively, readjust all fraction to round to the nearest integer, not the next integer, which has the same result.
  2. Readjusting Articles 16-17 to kick in at 3/5, not 2/3. For higher-member panels that's still 4/6 or 5/7, and it maintains an 11% range, not 14%.
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luap42‭ wrote over 3 years ago

We'll review this again. /cc @ArtOfCode