2024-AT-02: Staff and AssaultRaven

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I was infracted 25 points for the following post, on being asked why I oppose college affirmative action.

Iron Roby said:

Iron Roby said:
I was being charitable, cause @AssaultRaven did express support for "welfare and school funding equality at the primary and secondary levels", so I was just trying to figure out their reasoning of why stop at also not gentrifying the higher education specifically?

Two main reasons, I would say.

First, you have to start discriminating on the basis of actual ability to execute eventually, and college seems like the right point to transition from pouring money into people just for the sake of giving them a chance, like we should do with children, and towards optimizing for performance and economic efficiency, like adults.[1] It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus. Not every disadvantage is so severe, or every degree so high-stakes, but if any standard of performance exists, then it presumably does so for a reason. If there is no reason, then you can as well relax it for everyone. If it's only relative, then you still want to top performers, however you're measuring that.

Secondly, as to remediating the legacy of racism, I don't think explicitly racial policies are needed to correct them.[2] Hispanic children can't disproportionately attend broke schools if there are no broke schools. Black children can't be disproportionately poisoned by lead in cities if the lead has been remediated. American Indian children can't be disproportionately malnourished if every child has guaranteed school meals. The children of refugees can't lack health care if no child lacks health care. If you set about to address any material legacy of racism, why would you stop at only addressing the racist parts?[3]

Damage said:
I imagine last names are going to be looked at heavily here. With lots of assuming race based on someone being a Jackson, Goldberg, Wong, or McCarthy.

Regarding color-blindess, I will say that being color-blind yourself does not mean being blind to other people's racism. Rather than ignoring the issue, in actual practice I say that a color-blind admission policy would require positive steps to enforce that color-blindness, so that the people running the process could not introduce bias even if they wanted to, or have sub-conscious bias towards doing so. This one is easy: replace names with numeric identifiers. It gets harder from here, but the effort would be worthwhile.

[1] This point is equally applicable today, and in my blue sky world where nationally useful degrees are free and students receive a living stipend. Also, this isn't about "STEM vs humanities". If you agree that the study of, eg, history is important, you should still want historians to be competent, and to get more historians for the same public cost.

[2] I agree with the Supreme Court that any de jure policy of racial distinction is so inherently toxic that any use of one must survive strict scrutiny.

[3] As as I said before, to the extent all of those things are true today, then to that same extent would addressing those issues be redistributive along racial lines.

Text of the infraction:

Your post (SCOTUS news thread) violates the rules.

Rule 2 states:
Rule 2: Don't Be Hateful

We want to build a welcoming community. You can't post anything that is hateful or advocates harassment or violence, even against fictional or historical people. Be mindful in everything that you post.
  • Be understanding of other viewpoints and perspectives.
  • Be considerate of how your opinions and statements can be interpreted by others.


When advocating for stricter standards for higher education a statement such as "It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus." is not what we would be consider being mindful of the subject matter at hand. Particularly in the context of the controversial removal of policy that is meant to give disadvantaged minorities a step up, the subtext reads as essentially pulling the ladder up while leaving these groups at the bottom.

You have been infracted for 25 points and have been banned from the thread for 72 hours.

I respectfully appeal this infraction in its entirety, on the grounds that it incorrectly applies Rule 2.

The infraction cites me for advocating for stricter standards in such a way that its "subtext" "essentially" makes a point that the moderator considers equivalent to "pulling the ladder up" on disadvantaged groups, but this reading is flatly contradicted by the actual text. Setting aside that I argued for objective standards, not stricter standards (as the very same paragraph considers that some standards should be objectively relaxed), the very next paragraph consists of nothing but examples of ladders that the post supports expanding, and footnote 3 points out that these ladders would be redistributive along racial lines even if applied in a colorblind way, on account of the numerous material legacies of racism. Reading of the rest of the post does not support a finding that it advocates for pulling of ladders for disadvantaged groups nor that it denies the material legacy of racism.

The post does admittedly advocate against racial college admissions AA, but the question of whether that such AA even actually constitutes an effective "ladder" is itself a debatable policy position. The infraction takes for granted that it is, but a merely pragmatic policy disagreement with moderator staff is not against the rules, and so does not support a finding of Rule 2 violation.

Further, even considering the quoted sentence in isolation does not support a Rule 2 finding, as explicitly calling attention to objective environmental racism as a contributor to substandard academic performance among affected minorities is the opposite of what someone dismissive or unconcerned with the legacy of racism would do. And indeed, even without being cited as an example in the next paragraph, the cited cause (racially disproportionate pollution exposure to children) is self-evidently a problem readily amiable to proactive correction (which is part of why I choose it). Anyone might disagree with the broader points that the example is meant to make (that many relevant harms from the legacy of racism have already occurred by the time someone is applying for college, and that objective performance in many fields is too important to sacrifice for such benefits even if they existed), but again, these are debatable questions of fact or policy, which are not against the rules.

Further, even supposing a problematic reading of the post could be made, via the mod-admitted dependence on "subtext" that "essentially" says what the infraction alleges, this would not be sufficient to support a finding of Rule 2 violation, because "...Rule 2's 'Be considerate of how your opinions and statements can be interpreted by others' is not a blank check for hostile intrepretations; it covers reasonable misunderstandings...". (2023-AT-14: Staff and Driven by Apathy, EarthScorpion, writing with the majority.) For the reasons stated above, a reasonable reader, considering either the entire post or the cited sentence in isolation, would not find it to be advocating for hateful positions, or even overly dismissive positions.

Alternatively, even supposing that the post were taken to advocate pulling ladders up, or any specific ladder up, from disadvantaged groups notwithstanding all of the above, that would still not be a Rule 2 violation, as while Rule 2 's ban on hatefulness is easily read to bar advocacy of unambiguously racist policies, it does not compel support for any specific anti-racist, or purportedly anti-racist, policy or intervention. Nor does it bar advocating against such a policy, or making particular arguments against it, if not made in a hateful way or for hateful purposes. (See ibid, in which the appellant's infraction for advocating against a proposed anti-colonial intervention for pragmatic reasons was overturned.) Topically, part of the debate on racial college admissions AA is the argument that, as heretofore practiced, it is racist against Asian Americans. Whether that is true or not is, again, a debatable question beyond the scope of the rules, but it would be absurd to suggest that the mere claim that it is an anti-racist position makes it a Rule 2 violation to argue against it. If it did, it would completely bar good faith debate on the effectiveness, efficiency, or trade-offs of any anti-racist or purportedly anti-racist policy, as no one could argue anything but support.

Alternatively, if the cited line is found to be infractable solely on the basis of being a poor choice of words in some way, then I appeal to have the infraction reduced to staff notice, as 25 points is excessive for a single instance of sub-optimal phrasing in an otherwise inoffensive and good faith post.

In any case that this appeal is given a resolution other than Overturn, I request that the reason for the infraction be posted onto the infracted post by a moderator, as the explanation-free Rule 2 infraction gives the impression that the post was infracted for opposing racial college admissions AA per se, which would mislead future thread readers as to SV policy. I do not believe I can simply do so myself, as it's my understanding that this would constitute "speaking for a moderator", or something like that.
 
I don't want to seem impatient, and I suppose there's no actual urgency here, but reminders from appellant do seem to be part of the process, so I'm reaching out again now that it's been 10 days since last communication. @Clown Bean
 
Sorry about this, a few things came up while I was getting my ducks in order. I will need a bit more time to square everything away to get this right and be fair to everyone by properly explaining my reasoning.
 
Information: Arbitrator Ruling
Okay, so this has been an unreasonably tricky review, in part because we are taking a look at some of the rules. There was something of a habit before that pretty much anything could be a Rule 4 infraction because you can stretch "being disruptive" over an arbitrarily large number of interactions, and thus there are times where perhaps a marginal Rule 2 or 3 might be swapped over to a Rule 4, but I made the decision here to keep it within the confines of Rule 2. As to the question of, do I think you broke Rule 2, the answer is "Yes". Statments like this

First, you have to start discriminating on the basis of actual ability to execute eventually, and college seems like the right point to transition from pouring money into people just for the sake of giving them a chance, like we should do with children, and towards optimizing for performance and economic efficiency, like adults.[1] It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus.

Are actually in violation of Rule 2. See, the context here isn't "Someone with the qualifications vs someone without the qualifications", the context is "What do you do when you have more qualified candidates than spots for them all?" At the levels where it actually matters, a few extra SAT points or another 0.1 GPA doesn't matter. Fundamentally with the number of applicants for high level schooling decision making on who gets in or not basically comes down to vibes, and you might as well start drawing lots. The position of programs like Affirmative Action is that if you have a whole lot of qualified applicants and you're basically flipping coins to decide, you might as well look at whether someone comes from an underrepresented demographic and start taking in applicants to move you towards the actual population distribution. Your statement is thus racist because it bakes in the idea that there are people who are qualified losing out to people who are not, and thus resources are being "wasted".

Now, the question comes down to whether or not this violation of Rule 2 is worth 25 points. 25 points is pretty minor, but this sort of racism is also insidious since it seems "reasonable" on the surface and thus it is possible to perform without malice or really intent. It's one of those things where if you are a Mod or Arbitrator you can look at it and go "Yup, Rule 2... but how bad of a Rule 2?" This is where I have been struggling for over a week, but in any case I have finally worked things out to what I feel is a satisfactory conclusion. Ultimately infraction points are about trying to correct behaviours we don't want on SV, and coming in for an appeal means that you are trying to engage with how we do things and have the chance to reflect on everything and receive feedback. You have one other infraction, and its a warning. It's Rule 2 as well, so more caution on the rhetoric you use needs to be applied, but ultimately this infraction is marginal enough that I don't think it is worth keeping in full force.

arbitrator ruling
The infraction shall be reduced from 25 points under Rule 2 to 0 points under Rule 2.


If you feel this ruling has been made in error, you have 72 hours to appeal to the council for a Tribunal. Please keep in mind that the staff also have the option to appeal during this time.
 
I wish to appeal this to the Council.

I have requested an Advocate to review my argument, but have yet to receive a response, and so request additional time to respond.
 
@AssaultRaven - All Tribunals will be delayed, due to the upcoming Community Council nominations and elections. (This is standard procedure for all Tribunals requests during this period.)

As such, there is no issue with your extension request, as the Tribunal will not be opened for 2 to 3 weeks. It will be one of the first to be presented to the new Council.
 
In regards to the original infraction, I stand by the original appeal, except that I retract my request to have the specific reasoning of the infraction appended by a moderator to the post. Since this is going to the Council, it will be a matter of public record in any case. The arbitrator ruling brings in novel allegations, so I address it separately here.

I agree with the arbitrator that it would be improper to apply Rule 4 to this case.

As to the substance of their ruling, they seem to have simply taken this opportunity to make a pro-AA post of their own, and then, being satisfied with their argument, declare the opposition racist. Essentially, a "but I was right" argument from the opposite direction as normal. Their digression into the implementation nuances of what they imagine college AA to be are not relevant to the case and should be ignored. Their conclusion...

Academia Nut said:
Your statement is thus racist because it bakes in the idea that there are people who are qualified losing out to people who are not, and thus resources are being "wasted".

...is not a finding of racism against any race, but against affirmative action itself. I readily concede that their description of my intended point is correct, but it is not possible to be racist against a policy's talking points or implementation, even if it is the pet policy of some moderator, arbitrator, or the US Democratic party. (Or rather, pet policy proposal, which racial AA now is in America following the ruling under discussion.)

Nonetheless, specific factual allegations have been asserted against me, so I don't feel as if I can simply ignore them. In considering specific factual questions as relevant to a Rule 2 case, we can recall that there are many statements which would be infracted for racism on SV which might truthfully be described as a "mere mistake of fact" on the part of the poster, but which would nonetheless be considered such egregious ignorance as to be indistinguishable from malice. Insofar as the Arbitrator's ruling can be read as relevant to a Rule 2 case, reading it as a finding of such "egregious ignorance" on my part seems the most plausible route.

Fortunately, the Arbitrator's factual claims about how AA works are trivially refuted by the very Supreme Court case under discussion in the thread, whose discovery process has allowed a clear view into the process. For example, contra the Arbitrator's claim that AA distinguishes only[1] between "a few extra SAT points", we have the actual level of racial SAT score distinction[2] at Harvard:


Or consider these statements found in discovery[3] (in a code block because all the square brackets mess up the bb-code):

Code:
Messages among UNC admissions officers included statements such
as these: "[P]erfect 2400 SAT All 5 on AP one B in 11th [grade]." "Brown?!"
"Heck no. Asian." "Of course. Still impressive."; "If it[']s brown and above a
1300 [SAT] put them in for [the] merit/Excel [scholarship]."; "I just opened a
brown girl who's an 810 [SAT]."; "I'm going through this trouble because this
is a bi-racial (black/white) male."; "[S]tellar academics for a Native
Amer[ican]/African Amer[ican] kid."

Maybe the implementation of college admissions AA that the Arbitrator describes has actually been used somewhere, but it is clearly not synonymous with AA itself, as they claim.

I'll stop at these two examples, because the point is not to persuade you, the Councilors, that the point is correct, but only to establish that there is at least reasonable basis for believing the point, which would preclude it from being an inherent Rule 2 violation. And certainly, we can imagine any number of further pro-AA and anti-AA objections and arguments that could be made from here, but appeals are not debates; it is unreasonable to expect an appellant to provide an ironclad refutation of every argument against their position, and it would all be off topic in any case. If you desire such arguments, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College goes into the matter at length.

[1] I would have hoped this would not need pointing out, but racial distinction de minimis is still racial distinction.
[2] Asian-American Harvard Admits Earned Highest Average SAT Score of Any Racial Group From 1995 to 2013 | News | The Harvard Crimson
[3] Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Gorsuch, J., concurring, footnote 8
 
Information: Tribunal opened for discussion
tribunal opened for discussion @Council,

You have been asked to give your opinion on this appeal. You have seven full days to render a decision on this matter, until . Before that time, you should vote to Uphold, Overturn, Reduce, or Increase the infraction.

The arbitrator and infracting staff member - @Academia Nut and - @OriginalName are entitled to participate in the discussion, as are the appellant and their advocate, if they chose to engage the services of one.

I would like to remind all participants of a few things:

First, a Tribunal is not a debate. The Tribunal is being asked to decide whether the appellant's infraction should be upheld. It is a discussion of the appellant's behavior, not a place to re-litigate the merits of a debate that the appellant was having or discuss the behavior of other users who might have been involved.

Second, the entire Tribunal will be made public at the end of the discussion unless there is a good reason for it not to be released. If the appellant or any other participant has an opinion on whether it should not be made public, they should present that during this period.

Third, the purpose of Tribunals is to both decide whether an infraction should be upheld and also to provide the Staff guidance on the Council's opinions on the rules and policies of Sufficient Velocity. Councillors represent the regular users of SV, and your discussion helps shape the Staff's efforts to apply, enforce, and interpret the rules in the future and identify areas where things can be improved.

Please comport yourself accordingly.

After seven days, this Tribunal will be closed to discussions on the infraction and there will be a two-day period for the Administration to raise potential policy issues and for the Council to briefly discuss those issues before it is made public.

Thank you.

 
So in some ways, this is actually incredibly fortuitous timing. In one of my law classes we recently discussed a lot of the impacts of AA on admissions and talked with one of the main admissions people at my university.

The long and short of it is that AA literally only matters when examining people with similar levels academically and looking at how to distinguish them. Since colleges often place an extraordinary burden on extracurriculars relative to their actual value, to help show that somebody is "well rounded" and likely to contribute positively to the school's culture as a whole when looking between two people with similar scores. This sounds decent enough in practice but ignores the fact that many extracurriculars are limited by time, location, and socioeconomic standards. Obviously this does not apply to everyone, but pretending that one group is not generally meaningfully economically disadvantaged due to systemic events and policies that have occurred in living memory is silly. So it is on the whole more fair to play to those odds when evaluating candidates.

Justice O' Connor's statement in Grutter v. Bollinger - 188 F.3d 394 concluded that affirmative action in college admissions is justifiable, but not in perpetuity: "We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest [in student body diversity] approved today.", by all accounts she was overly optimistic in her expectations back in 2003. There has been nothing on the scale of what would be needed to counteract the socio economic issues, class issues, and frankly racism that Affirmative Action was meant to compensate for, which is the avenue that things do need to be evaluated in.

So, then looking at your infracted post and secondary defense, you're trying to assert the idea that your statement has reasonable doubt about if it is racist or not to not violate Rule 2.

I'll stop at these two examples, because the point is not to persuade you, the Councilors, that the point is correct, but only to establish that there is at least reasonable basis for believing the point, which would preclude it from being an inherent Rule 2 violation.

So I will say that pushing against AA is not inherently racist, but how you phrased things here absolutely does cross the line here.

And you somewhat did misinterpret how Rule 2 is generally implemented. Rule 2 is more about if reasonable people would, just looking at specifically the post(s), view it as racist and/or hateful. It requires users to be mindful and sensitive when dealing with charged topics. A whole bunch of secondary sources to defend it after the fact is irrelevant to the context that it was written in.

Where looking at the text itself?

It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus. Not every disadvantage is so severe, or every degree so high-stakes, but if any standard of performance exists, then it presumably does so for a reason.

The comparison you draw here and in your set of posts, is one that does have racist assumptions baked into it, with how you're assuming it is leading to people who are unqualified to get in over those who are. Additionally, using developmental disabilities as a rhetorical device in this way, as being tied into race through redlining to use as an example of why a group may be less qualified, is definitely toeing the line as well even with you stating it is a relatively extreme example.

On the whole, I think it is eminently reasonable to read the posting as somewhat racist and that you were not remotely mindful or sensitive enough when talking about the topic.

[X] Uphold
 
So. First tribunal of my career. Let's do this I guess.

The issue here isn't whether the act of arguing against AA is in and of itself racist, but whether there were racist statements made in the process of said arguments. And your statement?


It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus. Not every disadvantage is so severe, or every degree so high-stakes, but if any standard of performance exists, then it presumably does so for a reason.

Yeah that strikes me as racist or at the very least holding some serious unspoken racial biases that need to be examined. No matter what justification you give, the idea that people of one racial group are less capable than another is pretty much the definition of racism. Even if it's a deliberately extreme example, the logic pretty clearly is "black people are less capable than white people or Asian people". Affirmative action is not about making up for inherent differences, but differences in opportunities for education and learning, because that's what really contributes to things like SAT scores. I think I'm gonna have to

[X] Uphold

Here.
 
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I'll want to review and think this over some more before I give a vote, but based on my first reading, my inclination is towards an overturn.

The appellant here continued the argument, which normally isn't great, but that's sort of to be expected when the arbitrator continued it in their ruling. I can't really reason that they screwed up their appeal by doing that, when they were responding to the reasoning of the arbitration itself...

So, the question here isn't whether affirmative action is good or not. It's whether the appellant argued about it in a hateful way. I don't think the mention of developmental disabilities was the most elegant thing that could have been said, but using extreme examples to argue a point is pretty common.

Like, we all know how that works: You bring up an extreme case to indicate the basic reasoning, then pivot to less-extreme cases and argue that the previously established reasoning still holds water.

Talking about disability is always a delicate subject, and combining it with an already delicate subject of systemic racism is pretty fraught, so I can see if someone objects to the whole angle. I don't think it crosses the line into being outright hateful, though. The most the passage says about people with that disability is that they have that disability, in a way caused by systemic racism.

On the other hand, we are talking about a 0 point warning here.
 
Yeah that strikes me as racist or at the very least holding some serious unspoken racial biases that need to be examined. No matter what justification you give, the idea that people of one racial group are less capable than another is pretty much the definition of racism. Even if it's a deliberately extreme example, the logic pretty clearly is "black people are less capable than white people or Asian people". Affirmative action is not about making up for inherent differences, but differences in opportunities for education and learning, because that's what really contributes to things like SAT scores.
Their argument was that it makes more sense to level those differences in education, opportunity, and developmental environment to equalize those things.

I don't necessarily agree with their position, and I think it misses stuff, but I don't think it has to come from an assumption of intrinsic racial difference. And I'm not oblivious to the fact that a post can say one thing while implying another, but at least on its face, inequities of outcome are chalked up to the effects of systemic racism.

I'll want to review the thread a little more closely when I have time, to try and see if it was part of a pattern which I ought to take into account, but if so, it wasn't one which was brought up during the appeal so far.
 
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I would first like to thank the op for taking this to tribunal, as it shows their willingness to go through the infraction appeals process. I would say however I still woild have preferred for op to have contacted an Advocate or some other secondary party to go over their arguments as it would increase their chances of a positive result.

As for the infracting post itself. Others have tackled the insensitivity regarding using ableism in the language. I am inclined to agree.

[X] Uphd
 
Given we're talking about a reduction to 0, I think that I'm going to go with an uphold here. I might have overturned at 25, but at 0, no way. It's still definately a pretty problematic post in its assumptions, even if it doesn't really rise to the level a 25 point rule 2 infraction.

[x] Uphold
 
[x] Uphold

While I'm not in the mood to be verbose, the reduction from 25 to 0 removes the basis for a good deal of the argument, IMO, for even further reduction. People should be more mindful in such charged circumstances, though the purpose of the Council isn't to debate the facts.

A zero-point infraction seems fair, correct, and as if it gets the point across to the Appellant and the Forum without being excessive or unfair.
 
The appellant contends that they do not violate Rule 2, and that the primary discussion is instead based on Affirmative Action and the reactions to that. Now I don't give a single flying fuck about affirmative action, being British, beyond the fact it is a deeply, deeply, deeply dull thing to discuss. But beyond the rounds of that, rule 2 has several phrases describing common ways it might be violated.

The most important of those, here, I feel is this one: "Be considerate of how your opinions and statements can be interpreted by others."

The phrasing of the post, I feel, while understanding the appellant's point of view I don't disagree with how it relates to what they believe, but we cannot go by what they said alone. And the lack of care in constructing the post, most emblematic in this sentence:
It sucks if the only reason someone can't be an aerospace engineer is that they're severely mentally disabled from lead poisoning as a child in their racially red-lined neighborhood, but acknowledging that history won't make them better at calculus.
Is at the very least uncaring of how others might read that, although not reaching the realms of being callous. It could easily have been, with a few more moments thought, rephrased into a less inflammatory sentence, and that's something we want to generally encourage.

That said, it is only minorly over the line, but still over the line, and so in consideration I approve of the reduction to 0-points that Academia Nut proposed.

Also, really, Americans remove the u in neighbourhood? Really? That's dumb.
 
So in my opinion this was a fairly insensitive way of arguing about affirmative action and part of rule 2 is to make sure you take care of how your statement can be recived, so while arguing against it is not against the rules, with how often the topic is used for racist augments abit more care is needed when talking about it. And using developmental disabilities as your example is definitely getting right on or just over the line.

With that in mind.

[x] Uphold
 
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