User:L235/sandbox
Standard provision: appeals and modifications
- Appeals by restricted editors
All arbitration enforcement actions may be appealed. Only the restricted editor may appeal an editor restriction. Any editor may appeal a page restriction.
The appeal process has three possible stages. An editor appealing a restriction may:
- ask the administrator who first imposed the enforcement action (the "enforcing administrator") to reconsider their original decision;
- request review at the arbitration enforcement noticeboard ("AE") or at the administrators' noticeboard ("AN"); and
- submit a request for amendment ("ARCA"). If the editor is blocked, the appeal may be made by email.
Appeals submitted at AE or AN must be submitted using the applicable template.
A rough consensus of administrators at AE or editors at AN may specify a period of up to one year during which no appeals (other than an appeal to ARCA) may be submitted.
Modifications by administrators
An administrator may only modify or revoke an enforcement action if a formal appeal is successful or if the administrator who originally imposed the enforcement action (the "enforcing administrator") affirmatively consents to the change,[a] or is no longer an administrator.[b]
A formal appeal is successful only if one of the following agrees with revoking or changing the arbitration enforcement action:
- a clear consensus of uninvolved administrators at AE,
- a clear consensus of uninvolved editors at AN,
- a majority of the Arbitration Committee, acting through a motion at ARCA.
Any administrator who revokes or changes an arbitration enforcement action out of process (i.e. without the above conditions being met) may, at the discretion of the Arbitration Committee, be desysopped.
Standard of review
On community review
Uninvolved administrators at the arbitration enforcement noticeboard ("AE") and uninvolved editors at the administrators' noticeboard ("AN") should revoke or modify a arbitration enforcement action on appeal if:
- the action was inconsistent with the Arbitration Committee's procedures or applicable policy (i.e. the action was out of process),
- the action was not reasonably necessary to prevent damage or disruption when first imposed, or
- the action is no longer reasonably necessary to prevent damage or disruption.
On Arbitration Committee review
Arbitrators hearing an appeal at a request for amendment ("ARCA") will generally overturn an arbitration enforcement action only if:
- the action was inconsistent with the Arbitration Committee's procedures or applicable policy (i.e. the action was out of process),
- the action represents an unreasonable exercise of administrative enforcement discretion, or
- compelling circumstances warrant the full Committee's action.
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Important notes:
- 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 topic restrictions placed by administrators and to blocks placed by administrators to enforce arbitration case decisions. They do not apply to sanctions directly authorized 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.
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