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Add process for handling reports #271

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Sep 23, 2019
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Add process for handling reports #271

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Add process for handling reports
keywordnew Jul 23, 2019
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Combine report handling with S1 CoC proposal
keywordnew Jul 30, 2019
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Address comment: specify subject of reports
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Add need to review personal info storage on Github
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# Handling reports and escalation
This document describes the proposed process for handling reports and escalation, along with relevant roles in the OpenJS Foundation.

Reporting to the OpenJS Foundation either concerns a matter with the Foundation or is considered an escalation where insufficient resolution was provided by a project, with regards to violations of the Code of Conduct.

## Channels
* Email: report@openjsf.org.
* Form: It would be easier on the reportee to have a form template to help them structure their report. The form submission could trigger an email.
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* Repo: openjs/moderation (not provisioned). As commented in PR review, hosting sensitive personal information on GitHub needs due consideration, review, and possibly legal consultation.
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similar to above. This document should outline the actual process rather than questions about process.

Also, is this document for project maintainers or external individuals? That would likely change the process a bit.

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This document was written initially for project maintainers.

Removing content to README.md. Thanks for calling out.

* A form submission could open an issue in the repo, to allow folks to discuss in context.
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## Confidentiality and record-keeping
Everything reported and discussed is confidential unless explicitly stated. For any facts to be made public, the reportee’s explicit permission is needed. All reports should be recorded, together with the discussion of it. A private moderation repo would satisfy the need for recordkeeping.
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For any facts to be made public, the reportee’s explicit permission is needed.

Are we sure we want to commit to this? If we want to make even anonymized summaries of reports / actions taken that will not be possible with the current reading.

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## Steps/Escalation
1. A report is filed: This is the first step, mostly defined in Channels above.
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Link to channels here?

2. The right people are alerted: See Roles.
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Link to roles?

Also right seems like an odd way to frame it. perhaps "On call staff is alerted"

3. Contact person assigned: See Roles.
4. Report is acknowledged: The contact person responds to let the reportee know that the report is being discussed.
5. Facts and opinions are gathered: Time is allocated to collect information in one place to make sure everyone involved has access.
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s/Facts and opinions are gathered/Information gathering

We won't know what are facts or opinions... seems odd to frame it this way

6. Facts are discussed: The facts are discussed in context of opinions. Also see **What to look forward to** for guidelines on appropriate response.
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s/Facts are discussed/Information is discussed

We don't know what are "facts"

7. An action to be taken is arrived at: The action to be taken is decided by consensus (see section on Consensus process) involving the roles listed in the next section.
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section on Consensus process

Can we link to the section?

8. Resolution offered: The resolution is offered to the reportee by the contact person. The reportee needs to accept the resolution for the matter to be resolved. If they don’t accept, go back to step 5. If there isn't a clear way to resolve the report, the report can be reviewed by the moderation team representatives from OpenJS projects to ensure that the the action and resolution are appropriate.
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I'm not sure I'm 100% in support of this. While the reportee should be consulted in deciding the resolution they should not necessarily be in the position to make this decision.

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Suggested revision:

Suggested change
8. Resolution offered: The resolution is offered to the reportee by the contact person. The reportee needs to accept the resolution for the matter to be resolved. If they don’t accept, go back to step 5. If there isn't a clear way to resolve the report, the report can be reviewed by the moderation team representatives from OpenJS projects to ensure that the the action and resolution are appropriate.
8. Resolution offered: The reportee is consulted in landing on a resolution to the report. If there isn't a clear way to resolve the report, the report can be reviewed by the moderation team representatives from OpenJS projects to ensure that the the action and resolution are appropriate.

The report is resolved: The report is resolved if:
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* the reportee accepts the action.
* there is no communication for 21 days on behalf of the original reporter.
* the Ombudsperson decides that the resolution as it stands is the best possible outcome within the constraints of all involved.
## Roles
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Would this section be an appropriate place to also define "reporter" and "reportee". I realise now that I'd missed earlier the rather significant difference between them.

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This is an excellent opportunity to clarify language.

I had used the word "reportee" to refer to the person/s against whom a violation was committed.

I used the word "reporter" when the person who made the report is not the same as the person against whom the violation was committed.

When we clarify, I can go in and change to make the language consistent, it may not be.

We also need a word to refer to the person/s who committed the violation.

* CPC: The Cross Project Council must get involved in cases where a report has been escalated by a project or its team reponsible for enforcing their Code of Conduct. (TBD: role of regular and voting members)
* Moderation team representatives: Each project in the CPC which has a moderation team should have representation here. https://github.com/openjs-foundation can ask these folks if any are willing to also moderate this org.
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* Ombudsperson: This person acts as an impartial intermediary between a reporter and the Foundation. They also serve to mediate between the moderation team representatives.
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Will there be any particular rule to decide on who will be this person? Like they cannot be from the same project, just to avoid any conflict of interest.

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That's a good issue to raise. We should clarify. For example, my own opinion is that this person should currently not be directly involved with a specific project (OpenJS Foundation is fine), but past history is ok.

* Contact person: This is a sensitive matter. Each reportee should only have to become comfortable talking with 1 person who represents them to the representatives.
## Concensus process
_To be added after deliberation in CPC._
## Further questions
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These questions should be moved to the readme

* How do we protect privacy?
* How do we investigate?
* What are the conflicts of interest?
* How to avoid conflicts of interest?
* Does this relate to the work of the Node.js and other projects’ moderation team?
## What to look forward to
* Beacon project
* Code of Conduct Project: A cross-project collaboration between multiple open source tech communities RxJS, AngularJS, Node.js, Vue.js etc to find consensus on Code of Conducts. Progress is rapid and can add definition to our own process (where possible) within 6 months. Recommend incorporating the findings and avoid duplication of effort.
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