Stack Overflow Inc.: flawed policies posted

Yesterday SE posted their new processes for moderator removal and moderator reinstatement, along with reposting the pre-existing process for per-site removals. The new processes, while better than what was done to me (a low bar!), have some serious flaws. Here is the response I posted:

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I know that my answer will overlap others, but enough people are waiting for me to comment on this process with an eye toward my case in particular that I'm going to post anyway.

The new removal process, while better than what was done to me, lacks important safeguards present in the pre-existing Moderator Action Review Process. Most importantly, it lacks the interactive phase where the accused can respond to comments raised by others. It also lacks transparency, being handled entirely by two CMs out of view of anybody else including the accused. It also does not allow the accused to challenge specific judges for substantiated concerns of bias; it relies on CMs to recuse themselves, but the moderator has no say or even knowledge of who acted. If there were more trust between the community and SE this might be surmountable, but in the current climate that's an awfully big assumption.

The new reinstatement process is even more flawed:

• There is no transparency or ability to audit. The moderator submits a petition into the void and eventually an answer comes out. If I were to submit an application, Sara Chipps can simply veto it and then say "we went through a process so we must be right".

• The moderator cannot challenge judges. If a moderator has been removed, chances are that there were some interactions with some community managers and/or members of the community strategy team that would prejudice an appeal. A moderator should not be subject to summary judgement by the employee who ruled on the removal in the first place, and the moderator should have the opportunity to raise specific concerns about anybody. The moderator should know who the judges are.

• The process starts from a presumption of guilt. If a moderator went through the paired removal process and actually received the information about charges and warnings called for in it, then the moderator has a starting point for an appeal. But if that didn't happen, the moderator is forced to guess. "Guilty until proven innocent" is not a sound judicial process; this process should not apply in cases where no sound removal process was followed.

• There is no dialogue, no hearing, and no opportunity to present witnesses or evidence. The interactive aspects of the pre-existing removal process (MARP) are missing in both the new removal process and the reinstatement process. While synchronous chat for worldwide teams is a major hassle, there needs to be some way to include the moderator in a discussion of the situation.

Both processes involve [account] annotations, which should be shared with the moderator and subject to challenge. I can only imagine what unsupported annotations Sara has added to my account, for example.

The new removal process, if properly followed, would have given me a fair chance, though the concerns about transparency and bias remain. That process would have required SE to share information about the specific complaint with me and, at worst, would have resulted in a warning. But that's not what happened, and against that backdrop, the reinstatement process would not be fair in my case. I shan't submit to it.