Wannan Dokr na komawa ne ga hakkoki da nauyayyaki na Kwamitin Cikin-gida na Kula da Amunta da zasu Sake dubin Kara (harga Kwamitin da Duba Kara).
Dalilin wannan Kwamiti na Sake dubin Kararraki zasu yi aiki ne tare da hadaka kusa da kusa da ma'aikatan Gidauniyar Wikimedia don su sake dubin daukaka kararraki daga editocin da abu ya shafa kai tsaye a yanayin da wadannan kararrakin Gidauniya ta kulle su ta karkashin tsari na aikin ofishinta akan cin zarafi na lokaci daga kafa kwamiti masu dubawa da kuma lokacin gudanarwan Gamayyar Tsarin Doka da dabbakawa kamar yadda aka sanar a Fitarwan Board akan al'adar wannan al'umma na 2020. Kararraki da suka can-canci sake dubawa ga Kwamitin masu sake dubin yanayinsu sune wadanda Gidauniya ta kulle tare da aiwatarwa ko rashin aiwatarwa a karkashin tsarin aikin ofishi banda kayyadaddu, tafiyarwa, aiki, da tsarukan doka kamar yadda aka lauyoyin Gidauniyar suka basu ma'ana. Kawai mutanen da aikin ofis na dakatarwa ya shafa ne kai tsaye ko suka shiga ciki ta nema sune zasu iya gabatar neman sake duba kara. Kwamitin masu duba kara kodai su tabbatar, rusa, ko suyi kira dan sake dubawa/karin bincike na Gidauniyar na kungiyar Masu Kula da Amunta (T&S) kudurori acikin wadannan kararraki karkashin sake daubawa. Kari, zasu tattauna akan matakai da suka dace dan sanya mutane dan samun sakamakon dubin da kuma zasu sanya adadin ga alumman nan na yawan kararrakin da aka sake dubawa da kashin karar da aka tabbatar, rusa, ko aka maido da sake nazari/bincike.
Aikin wannnan Kwamitin Duba Kara shine bayar da kariya ga mambobi al'umma daga karin zarce doka, a sirci sosai, ko overly lax enforcement of conduct standards by the Foundation. The committee functions as a partner to the Foundation in helping to ensure fair treatment of individuals in specific cases. The Case Review Committee will have access to confidential information to review against a set of criteria defined below, and it will be necessary for members to enter into a legal relationship with the Foundation to access this information. For the protection of committee members and individuals involved in cases, the members of the committee will not be publicly identified, but will be known to some Foundation staff, to the Trust & Safety advisors of the Board of Trustees, and to the Ombuds Commission. All members must be willing to abide by confidentiality and privacy requirements.
Manufofin gudanarwan nan sune:
- Samar da damar sake dubi ga alumman cikin gida akan zartarwar ofishin gidauniya a irin kararrakin dabi'u na inda:
- a) the cases are not conducted because of statutory, regulatory, employment, or legal policies as defined by Foundation attorneys (for example, harassment and incivility-focused behavioral cases would be appropriate for review), and
- b) the appealing party is directly involved, either as complainants or accused;
- Ensure that cases receive appropriate review and volunteers are treated fairly if they receive Foundation sanctions or if their requests that the Foundation take action against other users is declined;
- Maximize the degree of transparency the Foundation can provide to the Case Review Committee, aiming to enable the best informed decision possible on any given appeal request;
- Minimize emotional impact for directly involved users by providing timely conclusions of the Case Review Committee’s cases;
- Maximize the safety of committee members in line with the Board’s statement; and
- Maximize the degree of transparency to the community within the framework of objectives 1 to 5.
Babban Mai tuntuba daga Gidauniyar Wikimedia zasu zaba wani kwamitin masu taimako na mutum goma zuwa goma sha biyu daga cikin masu taimako na duniya baki daya, wadanda zasu yi aiki tare da ma'aikatan da aka sanya su rika duba tafiyar aikin. Babban Mai tuntuba na iya zaban mutum daya ko sama da daya daga cikin masu taimako na duniya danyin aiki amatsayin wani kwamitin na mambobi da zasu yi aiki a inda aka samu wani bayanan. Zabubbukan kwamiti din na shekara daya ne kawai ko sai idan an kaddamar da kwamitin masu bincike na dindin-din kuma suna aiki a karkashin dokar Universal Code of Conduct, duk Wanda yafara kasancewa, ko harsai sanda mamba na kwamitin ya nemi a cire shi ko aka maye gurbin sa daga tabbatar Babban mai tuntuba, Wanda ya hada da umurnin Committee Chair. (Idan akan wani dalili ba'a samar da wani aiki ba na kwamitin ba har karshen shekara daya, mambobin kwamiti din za'a iya cewa su cigaba da ko su nema sake zama mamba a karo na biyu, dukda cewa za'a iya neman karin mambobin.)
Hali da ake nema a mambobin kwamiti ya hada da gogewa a shiga gudanarwan ayyukan kungiya da tafida tattaunawa, nuna kokarin shiga tattaunawa mai tsauri, da kiyaye nayanan sirri, da ikon haduwa cikin natsuwa da karko tare da wasu cikin tattaunawa mai zafi. Wadanda suke karkashin dakatarwa a kowane project a lokacin neman matsayi ba za'a yarda su shiga ba. Dole su zama suna da shekara sha takwas (18) a lokacin da aka samar da kwamitin. Iya magana da harshen turanci dole ne, tunda kararraki ana rubuta sune yawanci acikin turanci mai tsauri da samar da fassara zai zama da cin lokaci sosai ko ma a rasa lokacin yin hakan. Na yanzu da baya daga cikin ma'aikatan Gidauniya su banda su, kamar yadda suma ma'aikatan na movement affiliates.
Hanyar zabe zai kasance ni a karkashin wadannan fannin gogewar, tare da manufar cimma yaduwar harshe da mabanbantan jinsi:
Abunda ake nema
Dukkan mambobin Kwamitin masu duba kararraki anason su da:
- Biyayya akan tsarin wannan kudiri;
- Sanya hannu a NDAs da aka ware dan Kwamiti ko wasu takardu na bayanai kamar yadda aka nema daga fannin doka na Gidauniyar Wikimedia Foundation dan samun kaiwa ga kebabbun bayanai na kararraki;
- Su yarda sunayensu na Wikimedia user names za'a rabasu ga Gidauniyar Wikimedia, the Board of Trustees, the Ombudsman Commission, da wasu mambobi na Kwamitin;
- Kuma su yarda zamansu mambobi Kwamitin duba kararraki zai kasance boye kuma ba zasu bayyana asalin suna ko sunan mai taimako ko bayanan wani daga cikin mambobin Kwamitin ba, dan yin kariya ga duk wani mai taimakawa dake cikin Kwamitin;
- Su kammala training daban-daban akan tsari da protocols wanda Fannin Sharia na Gidauniyar Wikimedia ke gudanarwa;
- Kasance a koda yaushe dan duba kararraki a gaban Kwamitin masu duba kararraki na tsawon awa a kowane mako na yawancin makonni na tsawon lokacin da aka zabe ku da karanta fayilolin kararraki na Trust & Safety (ba dan yin bincike na mutum daya ba) na yanzu, tare da dayawa na karin lokacin da za'a iya akan lokacin da ba'a nan;
- A sanar da Babban mai tuntuba da sauri idan ansamu wani dakatarwa a lokacin gudanarwa. Dakatarwa bawai kawai hanya ce ta cire mutum ba, amma zai bayar da mai tuntuba yayi bincike; da
- Sanar da shugaban Kwamitin da Babban Mai-tuntuba idan a wani lokacin da aka tambaye su da suyi duba akan wani kara da suke tunanin suna da alaka aciki (kamar dangantaka na kusa tare da wanda karar ke kanshi) dan yin bincike akan martaban aikinsu. Ana sanar da wadanda suka samu kansu a irin haka da su tsame kansu in suka San da hakan na nan (kodai akanso ko ki) ko kuma idan sun shiga cikin karar da ake bayani sosai.
A kayyade, ayyukan kwamitin ya kunshi:
- Appointing a committee chair by vote. The duties of the chair include ensuring that at least five members of the committee are assigned to each case review, with the goal of diverse experience and backgrounds assigned to each case, and ensuring that the members of the committee are active as necessary to meet their duties.
- With communication support provided by the Foundation, maintaining a Case Review Committee presence on Meta through a role user account, providing
- a) General information about the Case Review Committee, protecting the anonymity of all individual members while also detailing relevant qualifications of the participants in general enough terms to maintain that anonymity;
- b) The Case Review Committee charter and general process information;
- c) Contact information for review requests;
- d) Procedural case updates on opening and closure dates of cases before the Case Review Committee (in aggregate; individual cases under review will not be identified except where sanctions are overturned); and
- e) Overall tallies of numbers of cases ratified versus numbers of cases modified after review.
- Promptly disclosing review requests for eligibility consideration to assigned Legal Liaison.
- Standing five members of the committee to review each eligible case file to determine by simple majority within 14 business days of appointing the five members whether:
- a) The cases were appropriately handled by the Foundation rather than deferred to local community processes,
- b) The Trust & Safety team assembled sufficient evidence to assess the allegations within the parameters of respecting the safety of any confidential information,
- c) The Trust & Safety team correctly determined according to evidence assembled if the conduct described in the report does or does not qualify as a violation of relevant policy, and
- d) Sanctions issued by Trust & Safety (or choice to issue no sanction) are appropriate to the circumstances of the case,
- Upon decision to ratify or overturn a case, or to send it back for reevaluation or further investigation, communicating that decision to the General Counsel for formal approval and, thereafter, to appropriate parties involved in a case.
- Meeting quarterly as a committee to discuss committee function and recommend improvements to the system as well as meeting if necessary to discuss complex case closures within essential timeline.
Eligibility for review and parameters of action
Only individuals directly involved in a case may request review, either as requestor or as an individual under investigation. Only cases within the scope of Trust & Safety under the Foundation’s office action policy are eligible for review. If Trust & Safety declines to investigate a case, deferring it to community processes, it is not eligible for review under this process.
Some office cases are not eligible for review. Excluded cases are those conducted because of statutory, regulatory, employment, or legal policies as defined by Foundation attorneys. A Foundation attorney will check each case appealed before turning over case files to the committee. If a case falls under the exclusion, the attorney will explain why to the review committee and the committee will notify the review requester of the limitation. In all such cases, Foundation decisions are not subject to appeal and case files cannot be shared for review.
The case review body does not have the authority to issue sanctions itself, but may overturn eligible Foundation office action decisions where they deem appropriate or send a case back for further investigation. Any sanctions placed are maintained during further investigation, but overturned sanctions will be reversed as soon as the Foundation is able to implement. If the Case Review Committee determines that a case closed with no action should have incurred action, it will be returned to Trust & Safety to propose actions to the General Counsel through the usual process. The Case Review Committee will be consulted to review cases remanded for further investigation or new or more severe sanctions before the Trust & Safety case is concluded. Overturned sanctions are not an automatic endorsement of the behavior of an individual involved, but may result from a conclusion that the matter should have been handled at the community level. In such cases, the issue may be remanded for community review, where an appropriate body exists to review the same (although without access to Trust & Safety’s case files).
Duration of Interim Committee
The Interim Trust & Safety Case Review Committee is being established with anticipation that it will be superseded by a permanent process by July 1, 2021. It is possible that the interim process will become the basis of a permanent process with appropriate policy review and refinement as part of the development and follow-up from the ongoing Universal Code of Conduct conversations. If a permanent process is not prepared to supersede it before July 1, 2021, the Interim Trust & Safety Case Review Committee may be maintained with another call for applications or the General Counsel may implement a one-time extension of the committee for up to six months, if it is believed the permanent process may be completed by the end of that extension.
The operation of the committee may be suspended if information about cases or committee members is leaked and there is credible reason to believe the leak originates within the committee. The Foundation will remove any committee members found responsible for leaking information and may pursue additional actions, including office actions, if leaks are discovered to be intentional. Once the leak is addressed and information processed by the committee is again secure, the committee will resume operations.
- If a leak originates within the Foundation, the committee may not need to be suspended, and the leak will be addressed under personnel disciplinary procedures.
- Q. Why are the committee members anonymous?
- A. Community governance carries with it several risks, including a risk of retaliation by people disappointed with case review outcomes (even from those who are simply informed that their case is not eligible for review, for instance, because it is criminal in nature) and a risk of pressure to expose private information, even through hostile external organizations or governments. For the safety of the interim committee members and for the safety of individuals involved in cases, the Foundation will be requiring this anonymity to reduce these risks. However, the members of the committee will be identified to the Ombuds Commission, a small trusted group of community functionaries, who can confirm general details about the composition of the committee.
- Q. Who will be reviewing these applications?
- A. Some stewards who do not themselves intend to apply have agreed to review applications to help assess suitability to serve in this capacity. The final selection from amongst candidates they deem eligible will be made by the General Counsel.
- Q. What steps are being taken to protect the privacy of individuals who lodge complaints with Trust & Safety or are accused of wrongdoing?
- A. In order to even review the case files, the Case Review Committee will need to enter into a legal relationship with the Wikimedia Foundation that allows us to safely share this material. The legal documents they sign will also include a very specific non-disclosure agreement. These legal documents will be made public when complete so that the communities can see the terms.
- Q. What kind of cases can this committee review?
- A. This committee is able to review cases that are accepted by Trust & Safety for assessment under its policies that are not conducted because of statutory, regulatory, employment, or legal policies. A Foundation attorney will determine what cases are eligible for appeal. The intention of the review is to provide assurance of appropriateness and fairness for what has been termed “borderline” cases of harassment and incivility, including cases that should perhaps have been left to community governance processes. Cases where the Foundation’s attorneys assess a legal duty to act are excluded. Members of the committee will not be given access to those files.
- Q. Will the case review committee be able to review older cases?
- A. The case review committee may review any eligible case handled by Trust & Safety regardless of whether the case was closed before or after the date the committee was established. Each case may be reviewed only once. Launching the review of a case requires that an appeal be made by an individual directly involved in a case, either in requesting the case or being the subject of the case.
- Q. How will this committee work? What are its precise processes?
- A. This information is still in development and will be finalized in consultation with committee members. However, we anticipate creating a special account for this committee to receive appeal requests that is accessible by the committee chair and by a contractor supplied to support the committee with its communications and paperwork.
- Q. Who in the Wikimedia Foundation will know the identity of committee members?
- A. The Executive Director, the General Counsel, the Deputy General Counsel, the Senior Counsel supporting the committee, the Vice President of Community Resilience & Sustainability, and the contractor hired to support the committee's work will have access to the finalized list of participants. Additional legal staff required to support in finalizing and filing signed agreements may also have access to this information. Each of these individuals is (or in the case of the contractor will be) under a Non-Disclosure Agreement with the Foundation and aware of their responsibilities to hold this information confidential. Beyond this, there is no current intention to share this information with other staff and contractors of the Foundation; rather, steps have been taken to isolate this information, including from individuals who work on the Foundation's Trust & Safety team. There may be reasons that will arise that will require additional staff being made aware of the identities of these individuals, and thus the agreement requires that the committee members authorize sharing this information with the Foundation in general. Foundation attorneys need to remain flexible to support and protect the committee and the community and will determine if additional internal Foundation disclosure is required. The members of the committee will be advised if their identities need to be shared with any others on staff or contracted by the Foundation and why.