cellio: (Default)
[personal profile] cellio

Continuing from my previous post, the company published policies for moderator removal and reinstatement on Friday to all moderators. I understood this to be an announcement, so when I hadn't heard from David Fullerton with an update by Sunday, I sent email asking about it.

It turns out that what they posted was a draft, and they are making updates based on feedback. I'm glad to hear they're listening to feedback, but this introduces another delay. David said they are finalizing the policies "this week" and will send me the final version when it's done.

Reminder: the company has absolutely refused to reinstate me now, even though they admit that they failed to follow the process they already had for moderator removal. Even though David admits that I deserved the benefit of a private, comprehensive process, and even though a senior employee, Sara Chipps, subsequently maligned me repeatedly and very publicly (which is causing damage), they are unwilling to revert the change and then look at the original situation afresh. I have to instead apply for reinstatement.

From what I've heard through the rumor mill, the process, once started, takes two weeks and is probably biased toward the status quo.

With that as background, here is the email I sent to David tonight in reply to that message:

Thank you for the update.

Can we expedite any of this? Sara's public, defamatory accusations, made in violation of all prior Stack Exchange rules and conventions about privacy, are actively causing me harm every single day. They also resulted from a lack of due process for me. Reinstating me alone will not fix that, but it seems reinstatement is a precondition before SE will mitigate the harm done by these actions. From what you've said and the rumors I've heard about the timing in the policy, we're looking at another three weeks of delay and thus continuing damage.

I don't think you intend to cause serious ongoing harm to me. What can we do to alleviate it?


While I'm posting... a couple people have asked me questions privately, so:

  • I was not warned either that I was violating the CoC or that I was facing possible removal.

  • If SE is considering the messages in TL from Sara on September 18 to be warnings, then I did not subsequently violate the CoC, current or future. (I also did not interpret them as warnings that my status was in danger.)

  • There was one piece of email from a CM that suggested that if I couldn't see a path toward resolving the matter, I should step down. But I did see a path and said so. So (1) that wasn't a warning of impending termination and (2) even if it had been, the condition was not met.

  • I didn't go disrupt something elsewhere on the network after leaving TL. I didn't do anything that would call for an urgent response.

  • I think it is likely that the reinstatement process will be rigged against me. Nonetheless, I will go through it if that path is made available in the reasonably near future.

Edit 2019-10-22: The next email I received was on October 21, when a community manager emailed me to let me know the new processes were about to be posted.

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Speechless

Date: 2019-10-16 01:09 am (UTC)
From: (Anonymous)
I am, quite literally, speechless. The sound of silence is deafening. I could not put it better than this:

"Fools", said I, "You do not know
Silence like a cancer grows
Hear my words that I might teach you
Take my arms that I might reach you"
But my words, like silent raindrops, fell
And echoed in the wells of silence.

Keep strong.

Silvio

Torquemada Lounge

Date: 2019-10-16 01:14 am (UTC)
From: (Anonymous)
I've been watching, especially as David's post went from I think over 500 to now under 200 and dropping fast.

I'm not active on SO/SE but the TL didn't seem to me like it was a "star chamber" where you were on trial without knowing it, much less the charges against you, and tried, found guilty and executed IN PRIVATE, where there are all kinds of "we can't expose private information" excuses.

Meanwhile Sara libeled you in public via the Register. Instead of "We have removed a moderator and can't comment further", it was "We removed you know who for multiple violations of our Code of Conduct".

While I can understand some emergency removal for criminal activity or doxxing, there is NOTHING I can believe you did that shouldn't have been handled via the EXISTING RULES for removing a Moderator if needed. I assume there would be due process and a public record.

Justice delayed is not merely justice denied, but it is an accumulating injustice.

My thoughts and prayers are with you.

Your opposition is getting record downvotes and the responses as many upvotes.

And it is sad. A community is NOT BUILT ON RULES BUT IS BUILT ON TRUST. A major SO moderator resigned today.

Temprament

Date: 2019-10-16 01:32 am (UTC)
From: (Anonymous)
You are are rare person being able to keep a level head.

While I don't want to get personal, Sara went public earlier with her own misunderstanding:

https://stackoverflow.blog/2019/07/18/building-community-inclusivity-stack-overflow/

A quick synopsis is she introduced a change, there were lots of objections, she too them all PERSONALLY, and stewed all weekend. Then she read them trying to find the insults and throwing shade, and found ... oh, it was rational disagreement and reasonable suggestions that disagreed with the policy!

I don't know who removed you from moderation, but the non-Apology and the explanation not relitigate post seems to show Sara does NOT have the temprament to interact with the community in this way. I don't think SE should take action beyond that, but if she is emotionally too quick on the trigger and will wield a ban hammer she should be relegated to somewhere else where she can be productive without causing problems.

We are all different - as we were created as stones, not bricks. I know someone who is excellent when he writes but now has a "podcast" but every comment seems to distract him saying they need to be banned, or redirects the subject, or something else. He doesn't have the temprament to do intereractive live podcasts. He should stick to writing.

There are many things I avoid because I know I won't do them well even if I'm technically not merely capable but would excel - if I had the temperament.

Re: Torquemada Lounge

Date: 2019-10-16 01:42 am (UTC)
From: (Anonymous)
In any organizatio there needs to be a place to speak freely ("permission to speak freely, captain"). It sounds like the TL was supposed to be that place, and that except for something way over the top, everyone could have an honest, if rough discussion. Some places the lines have to be much farther out to not squelch honest disagreement.

If Sara libeled you in TL it would be bad enough. I only know about her public libeling and doubling down.

How much is it going to cost SE to hire even some foreign outsourcing company to keep things from being a sewer if they lose the key moderators, and even then, having someone kind, understanding, who will correct and build community is very different than a delete-bot, AI or human.

I think it is terrible but it is like SE is about to die, but would rather deny the situation rather than admit error. This is not Sara, but the entire SE corporation. Is there no one there that realizes the community is the product, not just the static answers and the system, and that the Moderators are the most important part - many will ask, many will answer, but few will keep things organized and clean - especially without pay.

(no subject)

Date: 2019-10-16 01:49 am (UTC)
juan_gandhi: (Default)
From: [personal profile] juan_gandhi
I kind of follow the advices of Len Tillem, https://en.wikipedia.org/wiki/Len_Tillem - his idea is just to calculate what you gain and what you lose and act accordingly.

But of course, on the other hand, it would be so heart-warming if you win. We all here wish you a victory.

Now Blender

Date: 2019-10-16 01:50 am (UTC)
From: (Anonymous)
https://blender.meta.stackexchange.com/questions/2670/the-moderators-of-blender-stack-exchange-are-on-strike

The only thing I disagree about is "Even if you agree that Monica violated the CoC"... How can you even have an opinion without any evidence either way!

Re: Temprament

Date: 2019-10-16 02:00 am (UTC)
From: (Anonymous)
Sometimes you have to fight on unfamiliar battlefields not of your choice. You did good!

Temprament goes deeper, and is a problem. First is the "welcoming" problem, but also when you call a transgender by the opposite pronoun. If they are very sensitive about it, they will be hurt.

The Journalist Tim Pool describes the problem as playing Guitar. At first your fingers will bleed but you will develop callouses. I don't think it is possible to mix thin and thick skins. I remember the embarassemnt when I started coding and made newbie mistakes (more expensive since some were hollerith cards that needed to be repunched). But the same thing with LGBTQ+.

There are many who are defending you and are upset from the lavender community that are proud - in the sense that they don't need anyone elses affirmation or acceptance - of their identity or status.

I know of no better testimony in your favor or compliment you could get. That you can completely disagree with some fundamental value, but recognize as a person someone is made of gold.

Re: Torquemada Lounge

Date: 2019-10-16 02:06 am (UTC)
From: (Anonymous)
There is arbtration which (if I understand) would cost you $250, and SE would have to pay the rest, they would have to fly lawyers to your location to conduct it and be very expensive.

There was a kerfuffle with Indegogo over an Arkhaven Comic (by Vox Day, voxday.blogspot.com) where they cancelled the day they were supposed to pay out, and the lawyers figured out that 1K arbitrations might bankrupt Indegogo.

Vox has something he calls his "Legal Legion of Evil" which might provide advice if you don't have a lawyer you can consult with. Sara did libel you, quite publicly.

I think that is one of the things which so upsets the other members of SE. If they merely kept it quiet, they could hide, but by making public libelous accusations, they signalled all their Moderators that it could happen to them.

And in the age of the internet, defamation is very sticky.

Re: Now Blender

Date: 2019-10-16 02:09 am (UTC)
From: (Anonymous)
That is what comes out in depositions, even if under seal, in a defamation or libel case.

Except I dont have a business, I'd hire you in a minute. Anyone honest and capable is better than someone with an apparently good resume.

(no subject)

Date: 2019-10-16 11:43 am (UTC)
From: [personal profile] alienor
If SE is considering the messages in TL from Sara on September 18 to be warnings, then I did not subsequently violate the CoC, current or future. (I also did not interpret them as warnings that my status was in danger.)

There was one piece of email from a CM that suggested that if I couldn't see a path toward resolving the matter, I should step down. But I did see a path and said so. So (1) that wasn't a warning of impending termination and (2) even if it had been, the condition was not met.


If your suggested path forward was to avoid the use of pronouns, and SE had already declined that suggestion, then I can understand why they removed your moderator status for refusal to follow the CoC (while the new CoC makes the pronoun thing explicit, misgendering/degendering is still disrespectful/rude and in violation of the old CoC). It's not that you violated the CoC, but that you told them you would violate the CoC.

I don't agree with the public statements they've made against you. I'm sorry you've had to experience that. It's not fair and really awful of them.

Kafka Trap Ahead?

Date: 2019-10-16 12:30 pm (UTC)
From: (Anonymous)
I expect the path for reinstatement will be like the old prosecutor question:

Yes, or no, have you stopped beating your wife?

It may be blatant, but may be subtle, "I promise to stop violating...", "I will never again violate...", etc. which will require a subtle confession and admission of guilt, reinforcing the defamation.

I can imagine something like the following:

SE: Here, just agree that you will stop and we will reinstate you.
M: Stop what? You haven't told anyone includng me SPECIFICALLY what I did to violate the CoC.
SE: It was all in the TL so we can't make it public.
M: Fine, send me a highlighted or annotated transcript showing where I violated the CoC.
SE: Why can't you just agree to our kind offer of reinstatement so everyone can move on?

Any kind of apology will be seen as an admission of guilt.

You have to decide, but if I were you: Don't give them any quarter because they will spin it as "Monica admits guilt!". Demand they retract their libel or prove it. Or reinstate you and use their own stated procedure for removal if they still want you gone.

Maybe some people had their feeling hurt, but we are not telepaths nor empaths, especially over the internet. The reason they like CoCs to be ambiguous even only in the enforcment is because it shifts the proof from "You said X which is hurtful" to "They said they felt hurt when you said X". And anyone can be "they" and claim anything is hurtful. Even worse when someone is acting as a white knight on behalf of a "they" which they assume is being hurt without any actual person saying so.

(no subject)

Date: 2019-10-16 08:24 pm (UTC)
minoanmiss: Statuette of Minoan woman in worshipful pose. (Statuette Worshipper)
From: [personal profile] minoanmiss
I continue to be horrified that they're putting you through this and furious that anyone is libelling one of the best people I know. I am so sorry.

I think... is it possible to divide how SE furiously mishandled a disagreement from the subject of the disagreement? There have been things people said to you about transgender people that I would challenge were it really not the time and place. I really think Sara and the others involved in your firing who claim they did to make people safer have not done so in any way shape or form (quite the opposite) but I also wouldn't want to see people punish the vulnerable for it. I think SE abused your longstanding record of goodwill and disbelieved your statements that you would not harm people, and I think we can at least partially divide that discussion from the one about pronouns and respect which SE so mishandled but which does actually have a point even though SE failed to support that point in a meaningful way and chose instead to railroad you and thus make no one safe.

(no subject)

Date: 2019-10-16 09:24 pm (UTC)
minoanmiss: A detail of the Ladies in Blue fresco (Default)
From: [personal profile] minoanmiss

You can screen your comment, or the whole thread, which makes this conversation effectively private.

I think you should keep this comment, though, because it's excellently said and you may need to repeat this explanation elsewhere, so you might as well not have to write it twice.

hugs you

Re: Kafka Trap Ahead?

Date: 2019-10-16 11:43 pm (UTC)
From: (Anonymous)
Go for it. So many people are with you. Like Esther, this might be your time to make a big difference!
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