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Clause (i) of Remedy 1.1 of the GamerGate case ("Discretionary sanctions") is rescinded.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:
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.
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.
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)
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.
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:
ask the enforcing administrator to reconsider their original decision;
No administrator may modify or remove a sanction placed by another administrator without:
the explicit prior affirmative consent of the enforcing administrator; or
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.
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.
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.
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.
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.