My feeling is that it is not the place of the Arbcomm to effectively file a countersuit. If the respondent to a complaint, or anyone else, has a grievance against the complainant than let them file their own Request for Arbitration. The "terms of reference" if you like should be set in the RFA, if the arbitrators don't like them then they shouldn't sign on to the arbitration and if not enough arbitrators agree with the terms the arbitration will not get off the ground. It is quite inappropriate, I think, for the arbitrators to unilaterally expand the terms of reference to include issues not brought up in the initial request.
on 3/3/05 9:45 PM, Fred Bauder at fredbaud@ctelco.net wrote:
The reason I didn't recuse myself is because I am not prejudiced for or against you. I may have errored by examining issues that were outside the scope of the arbitration.
Fred
From: Rick giantsrick13@yahoo.com Reply-To: English Wikipedia wikien-l@Wikipedia.org Date: Thu, 3 Mar 2005 14:59:25 -0800 (PST) To: English Wikipedia wikien-l@Wikipedia.org Subject: Re: [WikiEN-l] ArbCom - too attached to 'equal treatment'?
--- Delirium delirium@hackish.org wrote:
Karl A. Krueger wrote:
It would be unfortunate if people became afraid to
report real abuses
because they did not want to be forced to defend
themselves from unfair
or untrue accusations by the abuser.
I agree it's a concern, but to really investigate a dispute between two users, such as an alleged flame war or edit war, you have to examine all sides in the dispute. There's no need to look through the accusing editor's entire edit history, but it does make sense to look through both sides' posts and edits in the relevant discussions and articles.
The last time (and it will be the last time) I brought a case before the arbcom, Fred Bauder thought it appropriate to bring in situations in which I had dealings with other people who were not even involved in the situation at hand. His refusal to recuse himself showed his lack of impartiality.
RickK
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