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Wikipedia:Arbitration/Requests/Case/Geschichte

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Case clerk: TBD Drafting arbitrator: TBD

Case opened on 00:31, 17 March 2022 (UTC)

Case suspended by motion on 00:31, 17 March 2022 (UTC)

Case closed on 16:50, 31 July 2022 (UTC)

Watchlist all case (and talk) pages: Front, Ev., Wshp., PD.

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Case information

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Involved parties

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Prior dispute resolution

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Preliminary statements

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Preliminary statements given in the case request stage may be found at /Preliminary statements.

Preliminary decision

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Clerk notes

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This area is used for notes by the clerks (including clerk recusals).

Geschichte: Arbitrators' opinion on hearing this matter <9/0/0>

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Vote key: (Accept/decline/recuse)

Dennis Brown, I made no mention of you directly or indirectly. Cabayi (talk) 09:38, 8 March 2022 (UTC)[reply]
We're approaching 48 hours since Geschichte made a promise of a fuller response during which time he's edited on nowiki. The waiting time is nearing its end. Cabayi (talk) 12:11, 10 March 2022 (UTC)[reply]
Meanwhile, elsewhere, we're all considering the fine details of m:Universal Code of Conduct/Enforcement guidelines to which one of the guiding notions is that WMF should support, nurture, & work collaboratively with local Arbcoms, not undermine them. How do we hold up our end of that understanding if Geschichte prioritises day-to-day editing on nowiki over his WP:ADMINACCT responsibilities on an ArbCom case here. Don't read me wrong, it's a choice he's free to make, but it's not a choice without implications.
TL;DR - Accept - Cabayi (talk) 15:19, 10 March 2022 (UTC)[reply]
I'll agree with Primefac that "I see little more happening here than an admonishment for their actions" "as long as Geschichte simply states they were wrong in this one-off incident." (Lugnuts) 'Til Geschichte makes his promised response there's a building ADMINACCT issue at ArbCom to add to the lesser ADMINACCT at ANI and the INVOLVED. An outright decline seems premature (unless it's just to hold off a net 4 situation?). Cabayi (talk) 18:08, 11 March 2022 (UTC)[reply]
Discussion about motions
The following discussion has been closed. Please do not modify it.

Motion: Open and suspend case (1)

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The "Geschichte" request for arbitration is accepted. This case will be opened but suspended for a period of three months.

If Geschichte (talk · contribs) should return to active editing on the English Wikipedia during this time and request that this case be resumed, the Arbitration Committee shall unsuspend the case by motion and it will proceed through the normal arbitration process. Such a request may be made by email to arbcom-en@wikimedia.org or at the clerks' noticeboard. Geschichte is temporarily desysopped for the duration of the case while the case is suspended, and will be resysopped for the duration of the case when the case is unsuspended.

If such a request is not made within three months of this motion or if Geschichte resigns his administrative tools, this case shall be automatically closed, and Geschichte shall be permanently desysopped. If tools are resigned or removed, in the circumstances described above, Geschichte may regain the administrative tools at any time only via a successful request for adminship.

Support
  1. Support as proposed and comments in discussion section. WormTT(talk) 10:02, 14 March 2022 (UTC)[reply]
    Cabayi (talk) 14:48, 14 March 2022 (UTC)[reply]
  2. I kind of liked the ammended version but this works for me also. A further discussion of incentives might be a good idea to have at some point when there is not a pending case request. Beeblebrox (talk) 19:50, 14 March 2022 (UTC)[reply]
  3. I think this is a reasonable next step. I don't think accepting a case is tantamount to a desysop, and depending on the outcome of the case I would be open to returning tools if the circumstances warrant it. As it stands now, however, a case is warranted and a temporary desysop is practically more effective. Wug·a·po·des 21:17, 14 March 2022 (UTC)[reply]
  4. To be honest, I think we need to have a larger conversation separate from any single incident about the growing pattern of admins choosing not to engage with admin-conduct cases. Frankly, that calls for some self-examination by commenters in those cases, whether or not you were "right". But here we are, and in this specific incident, we have to do something with this non-trivial case request with a non-responding primary party. I'm fairly indifferent to the two versions of the motion - I think last time around I said there was a psychological if not a practical difference in desysopping vs just being asked not to use the tools, and I get the counterpoint that it might actually be harder to keep the tools but avoid using them. I suspect which one "feels right" depends on the person, more than the details of the circumstances. I support either option. Opabinia regalis (talk) 07:41, 15 March 2022 (UTC)[reply]
  5. Per my comments elsewhere on this request. Barkeep49 (talk) 19:16, 15 March 2022 (UTC)[reply]
  6. Apologies for the delay, missed signing this (per all of my other statements made today and last night). Primefac (talk) 19:18, 15 March 2022 (UTC)[reply]
  7. Admins are expected to provide explanations of their actions and be introspective when they make mistakes. This provides an extended opportunity for G to see reason. But if he is unwilling to engage, then he is apparently unwilling to provide explanation or introspection, and thus unfit for adminship. CaptainEek Edits Ho Cap'n! 19:28, 15 March 2022 (UTC)[reply]
  8. KevinL (aka L235 · t · c) 20:09, 15 March 2022 (UTC)[reply]
  9. We cannot know why the user has declined to participate in the past two weeks even with activity elsewhere (could be one of many human conditions), so I prefer to retain the 3 months suspension. --Izno (talk) 20:53, 15 March 2022 (UTC)[reply]
  10. A sad outcome on several levels. --BDD (talk) 21:26, 15 March 2022 (UTC)[reply]
Oppose
As I mentioned both above and in the case request for Jonathunder, I find that a summary desysop gives Geschichte absolutely zero motivation to participate in a case to defend what amounts to a inappropriate reaction to a singular set of events. My first choice would be a motion to admonish, but as I am seemingly in the minority in that viewpoint I could find a suspended case without a temporary desysop acceptable. Primefac (talk) 10:20, 14 March 2022 (UTC)[reply]
Circumstances have changed and I no longer feel that there is any incentive to offer here. Primefac (talk) 21:34, 14 March 2022 (UTC)[reply]
I would rather incentivize admin to participate before we get to ArbCom - this case never needed have reached us. Then my choice would be for them to participate once it reaches ArbCom. I would define participation to include a request to suspend the case until they have time to participate fully, even one sent privately if there's personal information they would rather not share. I would be open to such requests, that's participating in my view. But to say I will try to reply more in-depth shortly. 6 days ago and then come back to participate in other parts of the project is, for me, its own violation of the administrator policy. So in terms of incentivizing participation from Geschichte at this point, saying "Your options are to participate now, and keep sysop, or lose sysop until the end of a case with-in the next 6 months" does incentivize Geschichte to participate and to do so now. That feels like the right incentive all around to me. Barkeep49 (talk) 16:32, 14 March 2022 (UTC)[reply]
  1. On reflection, I can't justify a suspension. Lack of awareness & lack of opportunity are (imho) the two scenarios for which accept-and-suspend was intended. Geschichte has shown he's aware of the case, and shown that he's been able to respond, but has chosen not to do so. Cabayi (talk) 10:22, 15 March 2022 (UTC)[reply]
Abstain
Discussion

This case is fast headed towards being opened, and yes, I do think that everything could have been smoothed over with some meaningful input from Geschichte, but that hasn't happened, and it keeps not happening. We could have a case without Geschichte participating, but I don't see the benefit of that for the individual or the wider community. Absent a steer from Geschichte, I think we should temporarily desysop upfront, while a case is open - and suspend the case until such time that Geschichte is available to participate. WormTT(talk) 10:02, 14 March 2022 (UTC)[reply]

Agreed that a case without the primary party is rather a waste of effort. Primefac (talk) 10:20, 14 March 2022 (UTC)[reply]
@Worm That Turned and Primefac: Amended the motion to provide that Geschichte will be desysopped for the duration of a suspended case but is resysopped if they request that the case be unsuspended. I think this was someone's preference at last motion (Wugapodes, perhaps?). I don't feel very strongly about it, but this motion has the advantage of (a) not prejudicing a final decision but (b) incentivizing a return – I know most arbs care about one or the ohter of these considerations. I know this motion is getting a bit labyrinth-y and we can tighten the language for the next ADMINACCT case if the committee decides this is the best form of the motion. Best, KevinL (aka L235 · t · c) 11:56, 14 March 2022 (UTC)[reply]
I'm happy with that suggestion. WormTT(talk) 12:04, 14 March 2022 (UTC)[reply]
I don't understand why we're using a different motion than the one we used for Jonathunder. If anything Geschichte has made more of a choice to not participate and the reward for that is to get sysop back if he asks for the case to be opened? As I noted below the incentive I would like to create for admin is to participate earlier rather than later. So I think I'm an oppose on this motion - preferring to open a full case with Geschichte retaining sysop as he's clearly around and could choose to participate. I might also be OK if we used the same language we used with Jonathunder by going the motion route. Barkeep49 (talk) 15:29, 14 March 2022 (UTC)[reply]
Personally, I believe that Kevin's change is an improvement, in that it incentivises the participation of the administrator and removes the appearance of prejudging the case. I thought so when it was suggested in previous cases but did not want to disrupt the voting at the time. I don't want the community's (and committee's) time wasted if Geschichte refuses to particpate. WormTT(talk) 15:50, 14 March 2022 (UTC)[reply]
Yeah, I think ideally this is the motion we would've used in prior cases but in those cases this idea was raised late and it wasn't worth it to propose one anew. No such considerations apply here. KevinL (aka L235 · t · c) 16:29, 14 March 2022 (UTC)[reply]
Based on Barkeep49's comments, I've reverted the motion to it's original form. Again, there are wider conversations we need to have here, but for the sake of this case - I'd rather we stuck with what works. Cabayi are you ok with that change? WormTT(talk) 17:02, 14 March 2022 (UTC)[reply]
I am. Cabayi (talk) 22:07, 14 March 2022 (UTC)[reply]
It wasn't me (at least, I don't remember it), but I don't hate the idea. It seems more bureaucratic than it's worth, but it's a clever attempt to balance the incentives. Wug·a·po·des 21:20, 14 March 2022 (UTC)[reply]

Motion: Open and suspend case (2)

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The "Geschichte" request for arbitration is accepted. This case will be opened but suspended for a period of three months.

If Geschichte (talk · contribs) should return to active editing on the English Wikipedia during this time and request that this case be resumed, the Arbitration Committee shall unsuspend the case by motion and it will proceed through the normal arbitration process. Such a request may be made by email to arbcom-en@wikimedia.org or at the clerks' noticeboard. Geschichte is instructed not to use his administrator tools in any way until the closure of the case; doing so will be grounds for immediate removal of his administrator userrights.

If such a request is not made within three months of this motion or if Geschichte resigns his administrative tools, this case shall be automatically closed, and Geschichte shall be desysopped. If tools are resigned or removed, in the circumstances described above, Geschichte may regain the administrative tools at any time only via a successful request for adminship.

Support
Per my comments in the first motion. Primefac (talk) 10:21, 14 March 2022 (UTC)[reply]
Moved to oppose. Primefac (talk) 21:34, 14 March 2022 (UTC)[reply]
  1. Support as equal first choice, with a slight preference that we adopt (1). Normally, I prefer this method, but given the length of time the issue has remained open, and Geschichte's editing on other wikis, I felt that the temporary desysop route was appropriate. One point though, Primefac, I've added a note that Geschichte should not use his administrator tools while the case is suspended, I hope you have no issue with that. WormTT(talk) 10:49, 14 March 2022 (UTC)[reply]
    That's fine. Seen and recognised. Primefac (talk)
  2. Per above, I don't have a strong preference on which version of the motion passes. Opabinia regalis (talk) 07:41, 15 March 2022 (UTC)[reply]
Oppose
  1. In this case I challenge the idea that Geschichte is not active on English Wikipedia. Beyond that, as a general thought I don't think this kind of motion serves either Geschichte or the community well. It doesn't serve Geschichte well because it just invites a situation where they accidentally use an administrator tool and now we have drama where there wouldn't be any. I don't think it serves the community well because it doesn't create the right expectations of participation. This case could have been - and perhaps still could be - have been headed off by earlier more complete involvement by Geschichte. That's when we should be incentivizing participation. So I don't disagree with Primefac that the first motion doesn't incentivize participation as much as this for the point we're at, but I would suggest we shouldn't be reaching this point anyway. Barkeep49 (talk) 14:50, 14 March 2022 (UTC)[reply]
  2. There's been enough comment showing the case's probable outcome if Geschichte responds. Dragging this out for 3 months does nobody any favours. This version of the accept-and-suspend motion does little to prompt a more timely response. Cabayi (talk) 15:25, 14 March 2022 (UTC)[reply]
  3. I haven't decided if I support the idea of suspending yet, but I don't care for this version of the process, I prefer the temporary desysop route for reasons already stated in the last such case. Beeblebrox (talk) 18:27, 14 March 2022 (UTC)[reply]
  4. Per "haven't decided on motion or case but not this one", though as before I would prefer the now un-amended version of the above motion. Izno (talk) 20:14, 14 March 2022 (UTC)[reply]
  5. Per Barkeep, "we shouldn't be reaching this point anyway." Wug·a·po·des 21:12, 14 March 2022 (UTC)[reply]
  6. I made this motion in an attempt to encourage Geschichte to participate, but that is apparently not going to have any affect. Primefac (talk) 21:34, 14 March 2022 (UTC)[reply]
  7. BDD (talk) 21:25, 15 March 2022 (UTC)[reply]
Abstain
Discussion

Geschichte: open case (indicative vote)

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The clerks are directed to open the case.

Support
Oppose
  1. I oppose opening an actual case if the subject is not interested in participating. WormTT(talk) 16:30, 14 March 2022 (UTC)[reply]
Abstain
Discussion

Motion (March 2022)

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Motion: Open and suspend case (1)

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The "Geschichte" request for arbitration is accepted. This case will be opened but suspended for a period of three months.

If Geschichte (talk · contribs) should return to active editing on the English Wikipedia during this time and request that this case be resumed, the Arbitration Committee shall unsuspend the case by motion and it will proceed through the normal arbitration process. Such a request may be made by email to arbcom-en@wikimedia.org or at the clerks' noticeboard. Geschichte is temporarily desysopped for the duration of the case.

If such a request is not made within three months of this motion or if Geschichte resigns his administrative tools, this case shall be automatically closed, and Geschichte shall be permanently desysopped. If tools are resigned or removed, in the circumstances described above, Geschichte may regain the administrative tools at any time only via a successful request for adminship.

Passed 10 to 1 by motion on 00:31, 17 March 2022 (UTC)

Final decision (none yet)

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All tallies are based the votes at /Proposed decision, where comments and discussion from the voting phase are also available.

Principles

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Findings of fact

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Remedies

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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.

Enforcement

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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-en@wikimedia.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.
  1. 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.
  2. 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.
  3. 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

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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.