While I'm pretty sure that this wasn't the intention, that sounds a
lot like "ban first and ask questions later".  As Pine noted, this is
a topic where great care must be taken to communicate intentions
clearly and diplomatically. This point was likely introduced to
respond to concerns about unappealable Office Actions. The way it was
phrased, however, diminishes the point it was trying to make and also
implies that community input is only applicable after the fact, and
only from functionaries.

Would it be fair to say that:
 - Enforcement of a universal code of conduct would happen though a
fair, clearly-defined process without significant bias and with
significant community oversight and input
- Universal code of conduct enforcement actions would be appealable
through a fair, clearly-defined process with significant community
oversight that allowed statements from involved parties and uninvolved
community members
- To ensure proper community oversight, code of conduct enforcement
actions and appeals would be made as public as possible as often as
possible (excepting issues where public disclosure would harm privacy
or safety)

AntiComposite

On Fri, May 22, 2020 at 7:52 PM Nataliia Tymkiv <ntym...@wikimedia.org> wrote:
>
> Hello, Dennis!
>
> Not at all. What it means is that this a not a process that goes into play
> *before* a decision to act is made, but *after*. It should stand as an
> option for those who want to ensure that actions taken are fair, as long as
> the case does not relate to legal risks or other severe concerns.
>
> Best regards,
> antanana / Nataliia Tymkiv
>
> NOTICE: You may have received this message outside of your normal working
> hours/days, as I usually can work more as a volunteer during weekend. You
> should not feel obligated to answer it during your days off. Thank you in
> advance!
>
> On Sat, May 23, 2020, 01:58 Dennis During <dcdur...@gmail.com> wrote:
>
> >  "Work with community functionaries to create and refine a retroactive
> > review process for cases brought by involved parties, excluding those cases
> > which pose legal or other severe risks "
> >
> > What does "retroactive review process" mean?
> >
> > I hope it doesn't mean applying standards that were not promulgated at the
> > time to past actions and applying severe sanctions to the alleged
> > perpetrators.
> >
> > On Fri, May 22, 2020 at 5:59 PM María Sefidari <ma...@wikimedia.org>
> > wrote:
> >
> > >  Hello everyone,
> > >
> > > Today, the Wikimedia Foundation Board of Trustees unanimously passed a
> > > resolution and published a statement[1] regarding the urgent need to make
> > > our movement more safe and inclusive by addressing harassment and
> > > incivility on Wikimedia projects. The statement builds on prior
> > statements
> > > from 2016 and 2019,[2][3] affirms the forthcoming introduction of a
> > > universal code of conduct, and directs the Wikimedia Foundation to
> > rapidly
> > > and substantively address these challenges in complement with existing
> > > community processes.
> > >
> > > This includes developing sustainable practices and tools that eliminate
> > > harassment, toxicity, and incivility, promote inclusivity, cultivate
> > > respectful discourse, reduce harms to participants, protect the projects
> > > from disinformation and bad actors, and promote trust in our projects.
> > >
> > > Over the past nearly twenty years, the movement has taken a number of
> > > unique and sometimes extraordinary steps to create an environment unlike
> > > anything else online: a place to share knowledge, to learn, and to
> > > collaborate together. In order for the movement to continue to thrive and
> > > make progress to our mission, it is essential to build a culture that is
> > > welcoming and inclusive.
> > >
> > > Research has consistently shown that members of our communities have been
> > > subject to hostility and toxic behavior in Wikimedia spaces.[4][5] The
> > > Wikimedia 2030 movement strategy recommendations have also identified the
> > > safety of our Wikimedia spaces as a core issue to address if we are to
> > > reach the 2030 goals, with concrete recommendations which include a
> > > universal code of conduct, pathways for users to privately report
> > > incidents, and a baseline of community responsibilities.[6]
> > >
> > > While the movement has made progress in addressing harassment and toxic
> > > behavior, we recognize there is still much more to do. The Board’s
> > > resolution and statement today is a step toward establishing clear,
> > > consistent guidelines around acceptable behavior on our projects, and
> > > guiding the Wikimedia Foundation in supporting the movement’s ability to
> > > ensure a healthy environment for those who participate in our projects.
> > >
> > > * Developing and introducing, in close consultation with volunteer
> > > contributor communities, a universal code of conduct that will be a
> > binding
> > > minimum set of standards across all Wikimedia projects;
> > >
> > > * Taking actions to ban, sanction, or otherwise limit the access of
> > > Wikimedia movement participants who do not comply with these policies and
> > > the Terms of Use;
> > >
> > > * Working with community functionaries to create and refine a retroactive
> > > review process for cases brought by involved parties, excluding those
> > cases
> > > which pose legal or other severe risks; and
> > >
> > > * Significantly increasing support for and collaboration with community
> > > functionaries primarily enforcing such compliance in a way that
> > prioritizes
> > > the personal safety of these functionaries.
> > >
> > > Together, we have made our movement what it is today. In this same way,
> > we
> > > must all be responsible for building the positive community culture of
> > the
> > > future, and accountable for stopping harassment and toxic behavior on our
> > > sites.
> > >
> > > We have also made this statement available on Meta-Wiki for translation
> > and
> > > wider distribution.[1]
> > >
> > > On behalf of the Board,
> > > María, Board Chair
> > >
> > > [1]
> > >
> > >
> > https://meta.wikimedia.org/wiki/Wikimedia_Foundation_Board_noticeboard/May_2020_-_Board_of_Trustees_on_Healthy_Community_Culture,_Inclusivity,_and_Safe_Spaces
> > >
> > > [2]
> > >
> > >
> > https://meta.wikimedia.org/wiki/Wikimedia_Foundation_Board_noticeboard/November_2016_-_Statement_on_Healthy_Community_Culture,_Inclusivity,_and_Safe_Spaces
> > >
> > > [3]
> > >
> > >
> > https://meta.wikimedia.org/wiki/Wikimedia_Foundation_Board_noticeboard/Archives/2019#Board_statement_posted_at_Community_response_to_the_Wikimedia_Foundation's_ban_of_Fram
> > >
> > > [4] https://meta.wikimedia.org/wiki/Research:Harassment_survey_2015
> > >
> > > [5]
> > >
> > >
> > https://meta.wikimedia.org/wiki/Community_Insights/2018_Report#Experience_of_harassment_has_not_declined_since_2017_and_appears_to_remain_steady
> > >
> > > [6]
> > >
> > >
> > https://meta.wikimedia.org/wiki/Strategy/Wikimedia_movement/2018-20/Recommendations/Provide_for_Safety_and_Inclusion
> > >
> > > == Statement on Healthy Community Culture, Inclusivity, and Safe Spaces
> > ==
> > >
> > > Harassment, toxic behavior, and incivility in the Wikimedia movement are
> > > contrary to our shared values and detrimental to our vision and mission.
> > > They negatively impact our ability to collect, share, and disseminate
> > free
> > > knowledge, harm the immediate well-being of individual Wikimedians, and
> > > threaten the long-term health and success of the Wikimedia projects. The
> > > Board does not believe we have made enough progress toward creating
> > > welcoming, inclusive, harassment-free spaces in which people can
> > contribute
> > > productively and debate constructively.
> > >
> > > In recognition of the urgency of these issues, the Board is directing the
> > > Wikimedia Foundation to directly improve the situation in collaboration
> > > with our communities. This should include developing sustainable
> > practices
> > > and tools that eliminate harassment, toxicity, and incivility, promote
> > > inclusivity, cultivate respectful discourse, reduce harms to
> > participants,
> > > protect the projects from disinformation and bad actors, and promote
> > trust
> > > in our projects.
> > >
> > > Specifically, the Foundation shall:
> > >
> > > * Develop and introduce a universal code of conduct (UCoC) that will be a
> > > binding minimum set of standards across all Wikimedia projects.
> > >
> > > ** The first phase, covering policies for in-person and virtual events,
> > > technical spaces, and all Wikimedia projects and wikis, and developed in
> > > collaboration with the international Wikimedia communities, will be
> > > presented to the Board for ratification by August 30, 2020.
> > >
> > > ** The second phase, outlining clear enforcement pathways, and refined
> > with
> > > broad input from the Wikimedia communities, will be presented to the
> > Board
> > > for ratification by the end of 2020;
> > >
> > > * Take actions to ban, sanction, or otherwise limit the access of
> > Wikimedia
> > > movement participants who do not comply with these policies and the Terms
> > > of Use;
> > >
> > > * Work with community functionaries to create and refine a retroactive
> > > review process for cases brought by involved parties, excluding those
> > cases
> > > which pose legal or other severe risks; and
> > >
> > > * Significantly increase support for and collaboration with community
> > > functionaries primarily enforcing such compliance in a way that
> > prioritizes
> > > the personal safety of these functionaries.
> > >
> > > Until such directives are implemented, the Board instructs the Foundation
> > > to adopt and implement policies for reducing harassment and toxicity on
> > our
> > > projects and minimizing legal risks for the movement, in collaboration
> > with
> > > communities whenever practicable. Until these two phases of the UCoC are
> > > complete and operational an interim review process involving community
> > > functionaries will be in effect. In this interim period, the Product
> > > Committee of the Board of Trustees will also advise the Trust & Safety
> > > team.
> > >
> > > To that end, the Board further directs the Foundation, in collaboration
> > > with the communities, to make additional investments in Trust & Safety
> > > capacity, including but not limited to: development of tools needed to
> > > assist our volunteers and staff, research to support data-informed
> > > decisions, development of clear metrics to measure success, development
> > of
> > > training tools and materials (including building communities’ capacities
> > > around harassment awareness and conflict resolution), and consultations
> > > with international experts on harassment, community health and children’s
> > > rights, as well as additional hiring.
> > >
> > > The above efforts will be undertaken in coordination and collaboration
> > with
> > > appropriate partners from across the movement, seek to increase effective
> > > community governance of conduct and behavioral standards, and reduce the
> > > long-term need of the Foundation to act. It is the shared goal of the
> > Board
> > > and Foundation that these efforts advance a sustainable Wikimedia
> > movement
> > > and support, rather than substitute, effective models of community
> > > governance.
> > >
> > > We urge every member of the Wikimedia communities to collaborate in a way
> > > that models the Wikimedia values of openness and inclusivity, step
> > forward
> > > to do their part to create a safe and welcoming culture for all, stop
> > > hostile and toxic behavior, support people who have been targeted by such
> > > behavior, assist good-faith people learning to contribute, and help set
> > > clear expectations for all contributors.
> > >
> > > --
> > >
> > >
> > > María Sefidari Huici
> > >
> > > Chair of the Board
> > >
> > > Wikimedia Foundation <https://wikimediafoundation.org/>
> > > _______________________________________________
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> >
> >
> > --
> > Dennis C. During
> > _______________________________________________
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