Wikipedia:Arbitration/Requests/Case/Gender and sexuality

Case opened by motion on 23:58, 22 February 2021 (UTC)

Case closed by motion on 23:58, 22 February 2021 (UTC)

Case amended by motion on 23:03, 18 January 2023 (UTC)

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Final decision

Remedies

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

Contentious topic designation

Superseded version

Former title: "Standard discretionary sanctions".

1) Standard discretionary sanctions are authorized for all edits about, and all pages related to, any gender-related dispute or controversy and associated people.

1) Gender-related disputes or controversies and associated people are designated as a contentious topic.

Passed by motion 11 to 0 at 23:36, 22 February 2021 (UTC)

Amended 10 to 0 with 1 abstention by motion at 21:36, 14 December 2022 (UTC)

Motions and Amendments

Motion: Remedy transfer to Gender and sexuality shell case (February 2021)

In order to promote consistency and reduce confusion, the arbitration clerks are directed to create a new arbitration case page under the name Gender and sexuality, with the following sole remedy: "Standard discretionary sanctions are authorized for all edits about, and all pages related to, any gender-related dispute or controversy and associated people." For the avoidance of doubt, GamerGate is considered a gender-related dispute or controversy for the purposes of this remedy.

Clause (i) of Remedy 1.1 of the GamerGate case ("Discretionary sanctions") is rescinded. Sanctions previously issued in accordance with Remedy 1.1 of the GamerGate case will from this time on be considered Gender and sexuality sanctions. This motion does not invalidate any action previously taken under the GamerGate discretionary sanctions authorization.

In order to preserve previous clarifications about the scope of these discretionary sanctions:

1. Gender and sexuality discretionary sanctions apply to any dispute regarding the proper article title, pronoun usage, or other manner of referring to any individual known to be or self-identifying as transgender.
2. Gender and sexuality discretionary sanctions apply to any discussion regarding systemic bias faced by female editors or article subjects on Wikipedia, including any discussion involving the Gender Gap Task Force.
3. Remedy 15 of the Manning naming dispute case ("Discretionary sanctions applicable"), as amended, is rescinded.
4. The final clause of the February 2019 Manning naming dispute motion (adding an amendment to the Interactions at GGTF case) is rescinded.

The index of topics with an active discretionary sanctions provision will be updated with the new title, but previous references to GamerGate need not be updated. The arbitration enforcement log, however, should be updated for the current year. For prior years, the new name should be noted along with the old one. The arbitration clerks are also directed to update templates and documentation pages with the new name as appropriate. This motion should be recorded on the case pages of the GamerGate case, the new Gender and sexuality case, the Manning naming dispute case, and the Interactions at GGTF case.

Passed 11 to 0 by motion which subsequently created and closed this case at 23:36, 22 February 2021 (UTC)

Motion: contentious topic designation (December 2022)

Gender-related disputes or controversies and associated people are designated as a contentious topic.

As part of the 2022 adoption of the contentious topics procedure, the Arbitration Committee adopted the following motion to re-designate existing discretionary sanctions remedies as contentious topic designations.

Each reference to the prior discretionary sanctions procedure shall be treated as a reference to the contentious topics procedure. The arbitration clerks are directed to amend all existing remedies authorizing discretionary sanctions to instead designate contentious topics.

Passed 10 to 0 with 1 abstention by motion at 21:36, 14 December 2022 (UTC)

Enforcement

Enforcement of restrictions

0) Should any user subject to a restriction in this case violate that restriction, that user may be blocked, initially for up to one month, and then with blocks increasing in duration to a maximum of one year.

In accordance with the procedure for the standard enforcement provision adopted 3 May 2014, this provision did not require a vote.

Appeals and modifications

0) Appeals and modifications

This procedure applies to appeals related to, and modifications of, actions taken by administrators to enforce the Committee's remedies. It does not apply to appeals related to the remedies directly enacted by the Committee.

Appeals by sanctioned editors

Appeals may be made only by the editor under sanction and only for a currently active sanction. Requests for modification of page restrictions may be made by any editor. The process has three possible stages (see "Important notes" below). The editor may:

1. ask the enforcing administrator to reconsider their original decision;
2. request review at the arbitration enforcement noticeboard ("AE") or at the administrators’ noticeboard ("AN"); and
3. submit a request for amendment at "ARCA". If the editor is blocked, the appeal may be made by email through Special:EmailUser/Arbitration Committee (or, if email access is revoked, to arbcom-enwikimedia.org).

Modifications by administrators

No administrator may modify or remove a sanction placed by another administrator without:

1. the explicit prior affirmative consent of the enforcing administrator; or
2. prior affirmative agreement for the modification at (a) AE or (b) AN or (c) ARCA (see "Important notes" below).

Administrators modifying sanctions out of process may at the discretion of the committee be desysopped.

Nothing in this section prevents an administrator from replacing an existing sanction issued by another administrator with a new sanction if fresh misconduct has taken place after the existing sanction was applied.

Administrators are free to modify sanctions placed by former administrators – that is, editors who do not have the administrator permission enabled (due to a temporary or permanent relinquishment or desysop) – without regard to the requirements of this section. If an administrator modifies a sanction placed by a former administrator, the administrator who made the modification becomes the "enforcing administrator". If a former administrator regains the tools, the provisions of this section again apply to their unmodified enforcement actions.

Important notes:

1. For a request to succeed, either

(i) the clear and substantial consensus of (a) uninvolved administrators at AE or (b) uninvolved editors at AN or

(ii) a passing motion of arbitrators at ARCA

is required. If consensus at AE or AN is unclear, the status quo prevails.

2. While asking the enforcing administrator and seeking reviews at AN or AE are not mandatory prior to seeking a decision from the committee, once the committee has reviewed a request, further substantive review at any forum is barred. The sole exception is editors under an active sanction who may still request an easing or removal of the sanction on the grounds that said sanction is no longer needed, but such requests may only be made once every six months, or whatever longer period the committee may specify.
3. These provisions apply only to contentious topics placed by administrators and to blocks placed by administrators to enforce arbitration case decisions. They do not apply to sanctions directly authorised by the committee, and enacted either by arbitrators or by arbitration clerks, or to special functionary blocks of whatever nature.
4. All actions designated as arbitration enforcement actions, including those alleged to be out of process or against existing policy, must first be appealed following arbitration enforcement procedures to establish if such enforcement is inappropriate before the action may be reversed or formally discussed at another venue.

In accordance with the procedure for the standard appeals and modifications provision adopted 3 May 2014, this provision did not require a vote.

Enforcement log

Any block, restriction, ban, or sanction performed under the authorisation of a remedy for this case must be logged at Wikipedia:Arbitration enforcement log, not here.