[governance] Appeals Team Final Report

Tue Jan 22 04:20:05 EST 2013

Thank you to the Appeal Team for the work done in this matter.

Kind Regards,
Sala

On Tue, Jan 22, 2013 at 3:09 PM, Ian Peter <ian.peter at ianpeter.com> wrote:

>   FINAL REPORT, FINDINGS AND RECOMMENDATIONS
>
> With the comments period completed, the Appeals Team can now present its
> final report and recommendations as regards the appeal against the removal
> from the IGC list of Suresh Ramasubramanian.
>
> OUR FINDINGS ON THE APPEAL
>
> We confirm our finding is that Suresh’s removal from the IGC list was not
> in accordance with the IGC Charter, for reasons contained in our interim
> findings and repeated later in this report. We therefore request that
> Suresh be reinstated to the list immediately. (this has already taken place)
>
> OUR RECOMMENDATIONS
>
> We also make the following recommendations for consideration by all IGC
> members.
>
> Recommendation 1. The IGC Charter includes the following recommendation,. “The
> coordinators may, at their discretion, appoint an advisory team of at least
> three individuals to assist them in making the determination of when
> someone has breached the posting rules defined in this charter. While all
> decisions remain the coordinators' responsibility, any such recommendation
> from an advisory team will be made public at the time of either suspension
> or removal from the list.”
>
> In the case before us which took place while there was only one active
> coordinator, we think this advisory team would have been particularly
> valuable.
>
>
>
> Recommendation 2. We recommend that in future reasons be given for any
> removal or suspension, referencing the charter provisions which were
> breached and led to the suspension. This is currently not a requirement in
> the Charter, but we feel strongly that any suspension, removal, or warning,
> should state clearly why this is so, in accordance with the IGC charter
> provisions. These are listed below and are quite broad.
>
>
>
> Recommendation 3. We recommend that in future all removal/suspensions also
> be communicated to the list with reasons, not only to the person concerned.
> Again this is not a current Charter requirement, but we believe that in the
> interests of good communication with the list this should always be
> followed.
>
>
>
> Recommendation 4. We recommend that, should the co-coordinators choose to
> review the situation as regards the suspension of Suresh Ramasubramanian,
> the number of days already suspended from the list prior to being
> reinstated during this appeals process should be deducted from any 30 day
> suspension.
>
>
>
> Recommendation 5. Finally, we recommend that all list participants,
> including those who have been warned in the past, focus their contributions
> on the issues being discussed, and not the personalities. If IGC ever
> degrades to a forum which does not have a wide range of cultural
> differences, political opinions, perspectives, interests,sensitivities, and
> differing interests in the broad field of internet governance, it would be
> a great pity. However, within this diverse group, all members have a right
> to discuss what they feel is pertinent, and all members have a right to
> disagree. But none of this should include statements which could be
> construed by a reasonable person as being outside of the IGC Charter’s
> definition of reasonable conduct, which includes (to quote from the charter)
>
> The messages must observe a minimum of decorum, including:
> · refrain from personal attacks, insults or slander
> · refrain from offensive or discriminating language
> · refrain from threats , including threats of legal action, on list or
> off list
> · refrain from excessive and repetitive posting
>
> Inappropriate postings to the IGC list include
> · Unsolicited bulk e-mail
> · Discussion of subjects unrelated to the IGC mission and objectives
> · Unprofessional or discourteous commentary, regardless of the general
> subject
> · Sequences of messages by one or more participants that cause an IGC
> list to become a hostile environment
>
> It is only appropriate that action should be taken, should co -
> coordinators in their best judgement (and where appropriate with
> consultation) feel that participants are acting outside of these
> guidelines. As members of this list, we feel that there have been a number
> of cases recently, involving not only those who have been warned but cases
> where people have not been warned, where these guidelines have been broken.
> It is in the interests of what we are trying to achieve as civil society
> that our discourse remains civil, polite, and courteous. We reject the
> notion that, because other lists do not closely moderate or demand
> reasonable behaviour, this list should not pursue the standards set in its
> charter.
>
>
>
>  Lastly, we wish to record our thanks to Salanieta Tamanikaiwaimaro for
> her patience and co-operation during this appeal period, and her dedication
> to keeping the Internet Governance Caucus functioning during a difficult
> time. We trust that our recommendations are useful in assisting future
> co-coordinators in dealing with such situations, and in clarifying the
> behaviour that can reasonably be expected from all participants on this
> mailing list.
>
>
>
> Thanks also to those who submitted comments. This appeal is now closed.
> The Appeals Team will not be responding formally to any further comments on
> this particular matter.
>
>
>
> The Appeals Team
>
> Shaila Mistry, Ginger Paque, Roland Perry , Ian Peter and Deidre Williams
>
>
>
> BACKGROUND INFORMATION
>
> Reasons for our finding.
>
> The Charter outlines a specific process that must take place before
> removal on any person from the list, as follows
>
> *Suspension of posting rights*
>
> Failure to abide by posting rules may result in suspension or removal from
> the IGC list according to the following process:
>
> · The coordinators will first warn a subscriber privately of the problem
> · If the problem persists the coordinators will notify the subscriber
> publicly on the list of impending suspension from the list. Suspension will
> include only posting rights.
> · If the problem persists the subscriber's posting rights will be
> suspended for one (1) month.
> · Once the subscriber's posting rights are restored, any further problem
> will result in another public warning.
> · If the problem continues to persist after suspension and a second
> public warning, the coordinators will be permitted to either suspend the
> posting rights for three (3) months or to remove the subscriber from the
> list.
> · Any decision for suspension can be appealed. Any decision to remove
> someone from the list will call for an automatic appeal by the appeals team
> .
>
> In this case, the previous private and public warnings given to Suresh
> needed to be followed by a one month suspension, not removal from the list.
> It has been confirmed in correspondence with both the Coordinator and with
> the person removed from the list that the word used in the private letter
> advising removal was “removal”, and this was confirmed by the co ordinator
> as being the intention. It was this action outside of the process outlined
> in the IGC Charter that led to our decision.
>
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-- 
Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji

Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Tel: +679 3544828
Fiji Cell: +679 998 2851
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