User:Hersfold/ArbPolDraft

This policy governs the Arbitration Committee, arbitration proceedings and arbitration processes. It was ratified by the community on 13 June 2011.

The Arbitration Committee

Scope and responsibilities

The Arbitration Committee of the English Wikipedia has the following duties and responsibilities:

1. To act as a final binding decision-maker primarily for serious conduct disputes the community has been unable to resolve;
2. To hear appeals from blocked, banned, or otherwise restricted users;
3. To handle requests (other than self-requests) for removal of administrative tools;
4. To resolve matters unsuitable for public discussion for privacy, legal, or similar reasons;
5. To approve and remove access to (i) CheckUser and Oversight tools and (ii) mailing lists maintained by the Arbitration Committee.

Selection and appointment

Members of the Committee are appointed following annual elections organized and run by the community. Candidates must:

1. Meet the Wikimedia Foundation's criteria for access to non-public data and confirm in their election statement they will fully comply with the criteria; and
2. Disclose any alternate accounts in their election statements. Legitimate accounts which have been declared to the Arbitration Committee prior to the close of nominations need not be publicly disclosed.

In exceptional circumstances, the Committee may call interim elections, in a format similar to that of the regular annual elections, if it determines that arbitrator resignations or inactivity have created an immediate need for additional arbitrators.

Conduct of arbitrators

Arbitrators are expected to:

1. Act with integrity and good faith at all times;
2. Respond promptly and appropriately to questions from other arbitrators, or from the community, about conduct which appears to conflict with their trusted roles;
3. Participate conscientiously in the Committee's activities and deliberations, advising the Committee of upcoming inactivity if that inactivity will likely last more than a week; and
4. Preserve in appropriate confidence the contents of private correspondence sent to the Committee and the Committee's internal discussions and deliberations.

Any arbitrator who repeatedly or grossly fails to meet the expectations outlined above may be suspended or removed by Committee resolution supported by two-thirds of non-recused arbitrators.

Recusal of arbitrators

An arbitrator may recuse from any proceeding case, or from any aspect of a case, with or without explanation and is expected to do so where he or she has a significant conflict of interest. Typically, a conflict of interest includes significant personal involvement in the substance of the dispute or significant personal involvement with one of the parties. Previous routine editor, administrator or arbitrator interactions are not usually grounds for recusal.

An editor who believes an arbitrator should recuse will first post a message on the arbitrator's talk page asking the arbitrator to recuse and giving reasons. Should the arbitrator not respond, or not recuse, the user may refer the request to the Committee for a ruling. Requests for recusal after a case has entered the voting stage will not be granted, except in extraordinary circumstances.

Recused arbitrators shall not count towards the total number of voting arbitrators, used to determine majorities, for the proceeding(s) from which they recuse. When the number of recused arbitrators for a particular proceeding meets or exceeds one-third of the total Committee membership, the Committee shall be required to seek community input to empanel a number of acting arbitrators to participate in the proceeding at hand sufficient to raise the total number of voting arbitrators back about two-thirds of the current Committee membership. These acting arbitrators shall be restricted to participation in the proceeding at hand, and may not vote on other proceedings nor participate in other proceedings as an arbitrator. Acting arbitrators shall not be subscribed to the main Committee mailing list, and should be forwarded only those communications strictly relevant to the proceeding(s) which they are authorized to participate in.

Transparency and confidentiality

Committee deliberations are often held privately, though the Committee will make public detailed rationales for decisions related to cases, unless the matter is unsuitable for public discussion for privacy, legal or similar reasons. The Committee treats as private all communications sent to it, including those sent by arbitrators, or sent by a Committee member in the performance of their duties.

Procedures and roles

The Committee may create or modify its procedures, provided they are consistent with its scope; and may form subcommittees or designate individuals for particular tasks or roles. Where appropriate, the Committee may invite community comment on intended changes prior to implementing them.

The Committee maintains a panel of clerks to assist with the smooth running of its functions. The clerks' functions include the administration of arbitration cases and management of all the Committee's pages and subpages; enforcing Committee decisions; implementing procedures; and enforcing good standards of conduct and decorum on the Committee's pages.

Arbitration proceedings

Jurisdiction

The Committee has jurisdiction within the English Wikipedia.

The Committee has no jurisdiction over: (i) official actions of the Wikimedia Foundation or its staff; (ii) Wikimedia projects other than the English Wikipedia; or (iii) conduct outside the English Wikipedia.

The Committee may take notice of conduct outside its jurisdiction when making decisions about conduct on the English Wikipedia if such outside conduct impacts or has the potential to impact adversely upon the English Wikipedia or its editors.

The Committee retains jurisdiction over all matters heard by it, including associated enforcement processes, and may, at its sole discretion, revisit any proceeding at any time.

Requesting arbitration

Requests for arbitration must be presented in the manner designated by the Committee. The Committee may accept or decline any matter at its sole discretion; it will take into account, but will not be bound by, the views of the parties to the request and other interested users.

Forms of proceeding

Standard proceedings

By default, hearings are public and follow the procedures published on the relevant arbitration pages.

Summary proceedings

Where the facts of a matter are substantially undisputed, the Committee may resolve the dispute by motion.

Private hearings

In exceptional circumstances, typically where significant privacy, harassment or legal issues are involved, the Committee may hold a hearing in private. The parties will be notified of the private hearing and be given a reasonable opportunity to respond to what is said about them before a decision is made.

Appeals

Appeals by blocked, banned, or similarly restricted users are usually conducted by email.

Participation

Decisions are reached by a majority vote of active, non-recused arbitrators. An arbitrator whose term expires while a case is pending may remain active on that case until its conclusion. Newly appointed arbitrators may become active on any matter before the Committee with immediate effect from the date of their appointment.

Statements may be added to case pages by any interested editor. Editors are expected to respond to statements about themselves; failure to do so may result in decisions being made without their participation. All editors are required to act reasonably, civilly, and with decorum on arbitration case pages, and may face sanctions if they fail to do so. will be held to a higher standard of conduct than may be expected elsewhere on the project. Failure to do so will result in sanctions placed by clerks or arbitrators, and may include but are not limited to bans from participation in arbitration proceedings and/or administrative action.

Admissibility of evidence

In all proceedings, admissible evidence includes:

1. All Wikipedia edits and log entries, including deleted or otherwise hidden edits and log entries;
2. Edits and log entries from Wikimedia projects other than the English Wikipedia, where appropriate; and
3. Posts to official mailing lists.

Evidence from official mediation is only admissible with the express prior written consent of the Mediation Committee.

Evidence based on private communications (including, but not limited to, other websites, forums, chat rooms, IRC logs, email correspondence) is admissible only by prior consent of the Committee and only in exceptional circumstances.

Evidence may be submitted privately, but the Committee normally expects evidence to be posted publicly unless there are compelling reasons not to do so. The Committee will decide whether to admit each submission of private evidence on its own merits and, if admitted, the evidence will be considered at a private hearing.

Temporary injunctions

At any time between the request for a case being made and the closure of the case, the Committee may issue temporary injunctions, restricting the conduct of the parties, or users generally, for the duration of the case.

Format of decisions

Decisions are written in clear concise standard English and usually: (i) outline the salient principles, (ii) make findings of fact, (iii) set out remedies and rulings, and may (iv) specify any special enforcement arrangements. Where the meaning of any provision is unclear to any arbitrator, the parties, or other interested editors, it will be clarified upon request.

Policy and precedent

The arbitration process is not a vehicle for creating new policy by fiat. The Committee's decisions may interpret existing policy and guidelines, recognise and call attention to standards of user conduct, or create procedures through which policy and guidelines may be enforced. The Committee does not rule on content, but may propose means by which community resolution of a content dispute can be facilitated.

While the Committee will typically take into account its earlier decisions when deciding new cases, previous decisions do not create binding precedent. As community policies, guidelines and norms evolve over time, previous decisions will be taken into account only to the extent that they remain relevant in the current context.

Appeal of decisions

Any editor may ask the Committee to reconsider or amend a ruling, which the Committee may accept or decline at its discretion. The Committee may require a minimum time to have elapsed since the enactment of the ruling, or since any prior request for reconsideration, before reviewing it. Remedies may be appealed to, and amended by, Jimbo Wales, unless the case involves Jimbo Wales' own actions.

Ratification and amendment

Once adopted by the Committee, this policy will undergo formal ratification through a community referendum and will enter into force once it receives majority support, with at least one hundred editors voting in favour of adopting it. Until this policy is ratified, the existing arbitration policy remains in effect.

Amendments to this policy require an identical ratification process. Proposed amendments may be submitted for ratification only after being approved by a majority vote of the Committee, or having been requested by a petition signed by at least one hundred editors in good standing.

The Committee is responsible for formulating its own processes and procedures under this policy, which do not require ratification.

See also

• Meta:Arbitration Committee
• Original policy (2003–04): Arbitration rationale, Policy comments, Ratification vote, Election of Arbitrators
• Policy update (June 2011): Adoption by the Committee 31 May 2011, Referendum and closure 13 June 2011