FIGHT, FIGHT, FIGHT

[thug]

Your Name: thug

SteamID (STEAM_0:X:XXX): STEAM_0:1:419567444

Appeal Type (Apology or Dispute): Dispute

Which staff member banned you?: meem

How long is your ban for?: 3 days

Why were you banned?: global rule 1

Why do you deserve to be unbanned?: Simply put, my ban, as it stands, does not qualify.

Let me explain the situation;

Meem makes a comment about how the UK will not be investigating their gang problem, or their rape problem, and calls it incredible and says they should be annexed. He states this in OOC chat, an obvious joke, though perhaps on a slightly touchy subject, as we will soon see. I respond a few seconds later in OOC stating that, in fact, meem was gangraped a few years back and could never move beyond the trauma. An obvious joke, one in poor taste, sure, but an obvious joke and far from the worst things that anyone here has said or heard. A minute or two goes by, a few more things are said in ooc by others, including meem calling me a retard, I don't say anything further, I think the situation is over with.

I was wrong, as meem pulls me to an office in the Bendlerblock (the office behind the courtroom) with his guards and begins to berate me and reiterate that I am a retard, calling me a freak, etc., and asks why I said that. I, not being able to take him pulling me on an IC character with all his guards to talk shit seriously, say that I said it because it is true, in, again, an obvious joke. He asks why I believe it is true, and I say that it simply is. He then bans me for three days for global rule 1, being harassment, and immediately moves on and goes back to watching/having a slight hand in the court trial. Quite obviously, no harm was done to him.

So, to break it down, I said a joke (a shitty one, in poor taste, but a joke nonetheless) in OOC in response to a joke by meem that was on the same topic, I was insulted and shit talked by meem, and then he banned me for global rule 1. Taking a look at global rule one, the rule is quite clear.

"Whilst we advocate for Freedom of Speech and have very little limitation on what can and cannot be said, repeated verbal or text abuse of a player causing them discomfort is considered harassment, this includes but is not limited to the usage of racial or other offensive slurs; know where to draw the line. False allegations is also considered harrasment."

So, the rule, as most rules do, acts as a sort of checklist, to see what applies and what doesn't. As stated, there is very little limitation on what can and cannot be said. Let us see what applies, shall we?

Was the message abuse/abusive? It could be argued either way, it was an obvious joke in response to another joke, but let us say, for the sake of argument, that it was beyond the line of what would be considered abusive.

Was the message repeated? No. It was the first and only time I have ever heard someone state it, and the first and only time I have ever stated or will state it.

Did the message cause discomfort? While I can't say, as maybe it was a hyper-accurate joke that somehow was true, but considering the fact that meem immediately went to traditional shit talk and then straight back to RP, I would say not enough to be considered truly harmful.

Did the message contain any form of racial or otherwise offensive slur? No.

Was the message an allegation, and was it a false allegation? No. Saying something happened to someone is categorically not an accusation, and a false allegation would requite some level of intent. Otherwise, saying anything about anyone could be considered an accusation.

 

So, in summary, the only thing that can be truly said about the joke that I made was that it was rude. That should not qualify whatsoever for an individual to teleport you into a side office, talk shit, and then ban you. The message, while in poor taste and not a funny joke in retrospect, remains a joke and does not qualify for the definition of global rule 1. Banning people for global rule violations for jokes, or even for traditional low level shit talk, is ridiculous and nonsensical and not the spirit of the rule. The rule exists to prevent harassment, this doesn't qualify.

Additional Information: This is directed to meem-- if you are truly a victim of such a thing, I will apologize, I had no idea. I would have never said it had I known that it was, in fact, the reality of your life and your situation. The message was a joke, and is not based on any genuine belief that it is the truth.

[mEEm]

Hello, I’m the staff member who banned you.

Firstly, you’ve been in this game mode for years. You should have a reasonable expectation of what is and isn’t a usual or acceptable thing to say.

You made a false allegation of a sexual assault, in OOC chat. This is obviously behavior that isn’t normal. I chose to handle it one-on-one rather than embarrass you by muting you or scolding you in OOC. I brought you to the Bendlerblock courtroom office and asked you whether you believed what you said to be a socially normal, acceptable thing to say. You said you believed it was. I asked you why you said it, and you said because it was true. I then asked why you believed that, and you replied that “It just is.”

If the joke was actually funny or even just an attempt at an actual joke, I wouldn’t have bothered to even speak to you. If you said it was just a joke, I'd have returned you with a verbal warning. Instead you decided you wanted to dig a deeper hole and continue with the accusation. We spoke for about a minute and a half while I checked your notes and consulted the rules, and during that time you never tried to claim your statement was a joke.

I did not berate you as you claim. I said the behavior you exhibited was “freakish” and unusual, and called you a retard in OOC chat.

Up to this point, OOC chat had been fairly out of pocket with people talking about femboys and similar. Even statements like those got a couple people muted or kicked by other staff for crossing the line. I can understand if you thought that your comment would’ve been acceptable as borderline but in the end allowed, under the specific context of the ongoing OOC messages.

Global rules are not anything special, and they don’t have to come with a higher standard or punishment; they’re only global because they apply to all platforms.  The ban was applied in order to give you an opportunity to take a break and look briefly at what you said, rather than as a punishment, since you refused to recognize what the issue was with what you had said. Again, if you had recognized it or said it was a joke there wouldn’t have been a need to ban you.

After the ban was applied you messaged me (https://imgur.com/a/dCstx6Q) showing your continued refusal to have any self awareness. Given your willingness to apologize now, it’s clear you’ve calmed down and gotten into a better mindset. I’d be willing to see the ban repealed and scrubbed since it’s fulfilled its original purpose. 

For what it’s worth, I don’t have any experience as a witness to or victim of sexual assault, but I knew people in school and boot camp who were and were deeply affected by it. I appreciate your apology and the recognizance it demonstrates.

In the future, you should have some self awareness. I can see how my statement about Britain's sexual assault problem prompted you to continue on that sort of track, but the intent was more so a discussion about the insufficiencies in British law enforcement, and how generally silly England is. 

Edited January 9 by mEEm
additional context

[Hound]

While I personally disagree with the way this situation was handled, the ban you were issued was deserved. It confounds me that you think you can say that to someone and not be banned for it. The issue with how the ban was conducted has been addressed, but your ban will remain on your record.

Denied.