Wikipedia:Arbitration/Requests/Case/Gender and sexuality

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Case opened by motion on 23:58, 22 February 2021 (UTC)

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Case closed by motion on 23:58, 22 February 2021 (UTC)

Case amended by motion on 23:03, 18 January 2023 (UTC)

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This case is closed. No edits should be made to this page except by clerks or arbitrators.

Any violations of the remedies passed in the case should be raised at Wikipedia:Arbitration/Requests/Enforcement.
Specific requests for amendment or clarification about the decision should be raised at Wikipedia:Arbitration/Requests/Clarification and Amendment.
General questions can be raised at Wikipedia talk:Arbitration Committee.
Actions taken to enforce remedies authorised in the case (if applicable) are to be logged at the centralised arbitration enforcement log.

Final decision

Remedies

All remedies that refer to a period of time (for example, a ban of X months or a revert parole of Y months) are to run concurrently unless otherwise stated.

Contentious topic designation

More information Superseded version ...

Superseded version

1) Standard discretionary sanctions are authorized for all edits about, and all pages related to, any gender-related dispute or controversy and associated people.

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1) Gender-related disputes or controversies and associated people are designated as a contentious topic.

Passed by motion 11 to 0 at 23:36, 22 February 2021 (UTC)

Amended 10 to 0 with 1 abstention by motion at 21:36, 14 December 2022 (UTC)

Motions and Amendments

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Clause (i) of Remedy 1.1 of the GamerGate case ("Discretionary sanctions") is rescinded.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.
Remedy 15 of the Manning naming dispute case ("Discretionary sanctions applicable"), as amended, is rescinded.
The final clause of the February 2019 Manning naming dispute motion (adding an amendment to the Interactions at GGTF case) is rescinded.

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)

Motion: contentious topic designation (December 2022)

Gender-related disputes or controversies and associated people are designated as a contentious topic.

Each reference to the prior discretionary sanctions procedure shall be treated as a reference to the contentious topics procedure. The arbitration clerks are directed to amend all existing remedies authorizing discretionary sanctions to instead designate contentious topics.

Passed 10 to 0 with 1 abstention by motion at 21:36, 14 December 2022 (UTC)

Enforcement

Enforcement of restrictions

0) Unless otherwise specified by the Arbitration Committee, should any user violate a restriction imposed directly by the Committee, that user may be blocked as an arbitration enforcement action. Such blocks must be logged in the arbitration enforcement log.

In accordance with the procedure for the standard enforcement provision adopted 26 April 2026, this provision did not require a vote.

Appeals and modifications

More information 0) Appeals and modifications ...

0) Appeals and modifications

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,^[1] or is no longer an administrator;^[2] 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

[1]
The administrator may indicate consent at any time before, during, or after imposition of the restriction.
[2]
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.

In accordance with the procedure for the standard appeals provision adopted 26 April 2026, this provision did not require a vote.

Enforcement log

Any block, restriction, ban, or sanction performed under the authorisation of a remedy for this case must be logged at Wikipedia:Arbitration enforcement log, not here.