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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.
All active arbitration enforcement actions may be appealed. Only active restrictions may be appealed, and all labelled enforcement actions (including ones alleged to be against policy) must be successfully appealed under the applicable arbitration enforcement appeals procedure before they can be modified.
Unless otherwise specified by the Arbitration Committee, the following procedure governs arbitration enforcement appeals. An editor may:
- ask the administrator who first issued 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"); or
- 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. Only the restricted editor may appeal an editor restriction. Any editor may appeal a page restriction.
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.
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 other period the Committee may specify.
Changing or revoking an enforcement action
An administrator may only modify or revoke an enforcement action if a formal appeal is successful or if one of the following exceptions applies:
- The administrator who originally imposed the restriction (the "enforcing administrator") affirmatively consents to the change, or is no longer an administrator; or
- The restriction was issued more than a year ago.
A formal appeal is successful only if one of the following agrees with revoking or changing the enforcement action:
- a clear consensus of uninvolved administrators at AE,
- a clear consensus of uninvolved editors at AN, or
- a majority of the Arbitration Committee, acting through a motion at ARCA.
Any administrator who revokes or changes an 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 an arbitration enforcement action on appeal if:
- the action was inconsistent with 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 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.
References
- ↑ The administrator may indicate consent at any time before, during, or after imposition of the restriction.
- ↑ This criterion does not apply if the original action was imposed as a result of rough consensus at the arbitration enforcement noticeboard, as there would be no single enforcing administrator.
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