Making Appeals and the Four Corners Rule
For the sake both of reaching a fair and transparent results, and the Arbitrator who will be evaluating your appeal, we have a number of restrictions on how appeals are made.
First, appeals must be made within
three days of the action you are appealing. The Staff may grant extensions -
before the three day period expires - at their discretion.
Second, there is a soft cap on appeals at 1,000 words. If your appeal is longer than 1,000 words, the Arbitrator may ask you to shorten it, may tell you to obtain the assistance of an advocate, or may dismiss it, depending on the circumstances.
Third, every appeal must satisfy the
Four Corners Rule. That means that the Arbitrator does not have to go outside the ‘four corners’ of your appeal to resolve it: all of the information is present, and clearly presented, in the appeal itself.
Specifically:
- Your appeal must include, in its title, the name of the thread in which the staff action you are appealing occurred (or if there is no thread, what the action was);
- Your appeal must include a brief summary of the facts, including the details of the staff action - which moderator, what action was taken, and any warning text;
- Your appeal must include a copy of the content which resulted in the staff action, with a link to it;
- Your appeal must include a summary of the context of your post.
- Your appeal must include a copy of the rule under which the action was taken;
- Your appeal must include a clear statement of argument - why, exactly, you believe the staff action was wrong.
It is up to you to make an appeal in proper form. It is not the Arbitrator’s job to gather information about your appeal or try to figure out what you meant to say. An arbitrator
will dismiss your appeal - that is, reject it without looking at its merits - if:
- It is out of time;
- It does not satisfy the Four Corners Rule;
- It relies on facts which do not go to the question of moderator error;
- It argues that some behavior should not be against the rules, or that a rule should not exist;
- It argues that there was some staff misconduct, unless there is clear evidence of misconduct presented and that misconduct is relevant to the action being appealed;
- It clearly and obviously will not succeed.
An Arbitrator may dismiss your appeal and, at the same time, give you permission to fix the problems with it (they are not required to do so). If they do so, you will have the remainder of the three-day appeals window (after subtracting the time taken to file the original appeal) to fix your appeal.
Special Appeals
While you can appeal nearly every decision of a Moderator, there are three general exceptions.
First, you cannot appeal a decision of the Directors as it relates to the Terms of Service. If you have a complaint, you may request that the Directors review their decision by messaging them privately.
Second, you cannot appeal a decision of an Arbitrator to dismiss your appeal to another Arbitrator, or the Council. You may ask an administrator to review the decision of the Arbitrator by tagging them in the appeal thread. Decisions of an Administrator about the dismissal of an appeal cannot be appealed further.
Third, you cannot appeal a decision of the Operations staff with respect to technical decisions or evaluations (particularly, their decision about whether an account is a sockpuppet). If you have a complaint, you may request that a decision of the Operations staff be reviewed by messaging an Administrator or Director privately.
Arbitrator Decisions
When evaluating an appeal, an Arbitrator is reviewing the original infraction. If they believe the moderator was in error, they can take any step that the original moderator could have taken. That means they can:
- Decide the original Moderator decision was correct, and let it stay;
- Decide the original Moderator decision was correct, but used the wrong rule, and simply change the rule;
- Decide the original Moderator decision was wrong and that the appropriate response was more severe and increase it;
- Decide the original Moderator decision was wrong and that the appropriate response was less severe, and reduce it.
If an Arbitrator has not handled your appeal within
three days of you making it, feel free to bump the thread and tag either the Arbitrator assigned, or the Arbitration Group Leader, or one of the administrative staff.
Administrators should rule on appeals within
seven days. If this has not happened, please tag the Arbitration Group Leader and one of the administrative staff.
Appeals are not a debate. If you believe that an Arbitrator
did not consider a relevant fact, you can raise that issue with them, and an Arbitrator has the power to review their decision and change it if they agree that the fact was relevant and material. If you believe however that an Arbitrator wrongly decided your case, you must appeal. Arbitrators will not argue back, will not change their opinion because you started an argument, and you may be infracted under Rule 5.
Arbitrator decisions are considered private. Arbitrators, Staff, and Council will not discuss the details publicly unless a good reason exists for doing so and an Administrator agrees.
Appealing Arbitrator Decisions
A decision on the merits by an Arbitrator may also be appealed. Appeals from an Arbitrator’s decision go to the Administrative Tribunal. The Tribunal is composed of the twelve elected Community Councillors, who represent the users, and an Administrator.
If you wish to appeal an Arbitrator’s decision, you must request an appeal to the Tribunal within three days of that decision being made. This request must clearly set out, in no more than 1,000 words,
- Why the Arbitrator’s decision was wrong;
- What you believe is the appropriate response.
- You must also indicate if, for some reason, you do not believe the decision should be made public.
For regular appeals, the Tribunal has the power to set its own caseload. When you request an appeal to the Tribunal, the Councillors vote on whether or not they believe the case should be heard. Four “yes” votes (within seven days) are required for the case to go to Tribunal.
If a request to appeal does not recieve four “yes” votes within seven days from the Council, the Arbitrator’s decision is automatically upheld. If the Council does not vote to take the case, individual councillors may, after the close of voting, provide an explanation as to why they thought your case should (or should not) have been heard.