unssler appeal
#1
Ingame Name: @kessler. 

SteamID: STEAM_0:0:41132119

Who Banned You: @KaptainLes

Reason For Ban: "10 Point thresehold [sic] reached".  This followed a 4 point warn for Racism/Sexism/Derogatory Language/Slurs by Les. I got a Giorno Alternate (still no Gojo), cried on mic, and @Billiam_LOL and @nico mocked me ruthlessly.  I proceeded to say "shut up, niggas," but I released the PTT key part way through.  This is the video evidence of the moment, ty Les: https://streamable.com/bceoax

Length of Ban: 1 day

Reason for Admins to Unban: Removing my 4 point warn would put me below the ban warn threshold, so this is effectively a warn appeal. 

     I was going to say an exaggerated form of the word "nigga"  which I have recently said on server multiple times while staff were present and not been warned.  If anything, this falls under the "Slurs" part of Racism/Sexism/Derogatory Language/Slurs, but I wasn't using the hateful form of the word.  Per staff guidelines: "Racism is defined as any type of offensive language that is directed at other people based on race or ethnicity." I did not direct this in a hateful or derogatory way, and I was not directing it at anyone based on their immutable characteristics, but rather at Billiam and nico for bullying me for crying. If I had held down my PTT I don't think I would have gotten a warn, which brings up the topic of "slur baiting."

     I was told this might fit under "slur baiting," which I've heard people on the server mention but outside of Dinks I have not heard of it and was vague on its meaning. The staff guidelines state, at the end of a paragraph outlining warning guidelines for slurs, "This includes baiting for slurs or any other language not tolerated on Dinks."  I was not, per Urban Dictionary (1 result) [the staff guidelines do not have a definition of slur baiting], "Acting like you are about to say a slur then actually saying something else."  I was trying to say "niggas" but let off my PTT. 

     I was not being hateful, derogatory, or malicious towards anyone.  I was not slur baiting.  I was trying to complain about not getting Gojo after 180+ Model Crate 7 openings.

      Also, my other 8 points of warns are from November and both expire in the next few days.  I'm on the wagon.

Have you been banned before (Link relevant threads):
     My only forum posts are the appeals for them.  They are years old.  The first I asked for while I focused on life stuff, the other two were successfully appealed.  I think I hit the day/3 day warn threshold a few times for slurring as well.

Other: My three warns of 2023 were for slurring.  I pm'd @[DSI]ToxicVoid7 and @syn slurs which were not comments on their sexuality or intended to be hateful towards their immutable characteristics, but rather comments on their gameplay.  Also @PandaInPants warned me, but I don't remember that.

     Whether or not this warn is removed I think that a clear definition of "slur baiting" should be added to the rules/staff guidelines.
#2
It is strange that someone saying "ni-" for example, is slur baiting, but using the word with the soft a, per dink, is fine. It's just saying finishing the word is more acceptable than him stopping himself if he's trying to, y'know? Feels like a grey area, just probing questions here, I don't have much of an opinion at this time.
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#3
Wasn't this already settled the other day when someone used a bind with Nigga in it and multiple staff in staff chat said it was fine?
#4
+1 for the issue being better defined in the rules/guidelines.

-1 for the warn to be removed.

You can very clearly hear the intentional pause in your voice and your keyboard press afterwards before your microphone even turned off, Garry's Mod voice chat doesn't cut you off immediately like that. If you wanted to say the soft a, you would've and have done so plenty of times as that version of the word is currently allowed on the server.
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#5
(02-16-2024, 09:03 PM)bab Wrote: clip
if you don't believe that I said niggas that's w/e, but if the rules need clarification why would a warn based on them stick?
#6
(02-16-2024, 09:17 PM)kessler. Wrote:
(02-16-2024, 09:03 PM)bab Wrote: clip
if you don't believe that I said niggas that's w/e, but if the rules need clarification why would a warn based on them stick?

Just because the rule needs specific updated clarification doesn't mean it's not a rule. 

"This includes baiting for slurs or any other language not tolerated on Dinks." is pretty clear on it's own, as for the rule needing to be updated to give examples or better wording to fully clarify what does and what doesn't fall under it to avoid causing potential confusion, absolutely. I'd agree with that.
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#7
(02-16-2024, 09:25 PM)bab Wrote:
(02-16-2024, 09:17 PM)kessler. Wrote:
(02-16-2024, 09:03 PM)bab Wrote: clip
snip

Just because the rule needs specific updated clarification doesn't mean it's not a rule. 

"This includes baiting for slurs or any other language not tolerated on Dinks." is pretty clear on it's own, as for the rule needing to be updated to give examples or better wording to fully clarify what does and what doesn't fall under it to avoid causing potential confusion, absolutely. I'd agree with that.
     I think we agree that there needs to be a clear rule for the issue, and I also agree that a rule can need clarification and still be a rule, but the part which you are saying "is pretty clear on it's own" has no definition whatsoever in the entire guidelines document.  I assume that there is some kind of understanding among the staff of what it entails and how to staff it, but the player reads "baiting for slurs," which honestly just sounds like getting other people to slur.  It's not an issue of needing more examples to avoid confusion, or clarifying bad wording, the part of this warn which I got hit with has no wording.
#8
Aaaaaand with Kessler doing something stupid, that completes my Dinks Drama bingo card for 2024!

Yes the slur bait guidelines need to be updated (and I strongly advocated for this in '22) but especially for someone whose been on the wrong side of a ban/warn Kessler ought to know better in general. He should know not to DM slurs to those he's not friends with/whom aren't consenting (not really good at all but I'm lowering my standards here).

That being said it does sound like this may be an accident, I'd try to avoid more accidents in the future. I think Kessler would agree that I don't care for him or his antics (and I think he hold similar sentiment), and hell will freeze over before I defend him in anything. That being said, it seems that his explanation may hold merit here.
Plus it's been a while since he's had to appeal. A warn lift and early unban may hold merit from an objective standpoint.

+1 warn lift and unban, now Kessler knows the risk of using the soft a with poor mic skills.

Also I didn't watch the video so it's possible I'm off base, but I don't care to invest more than the 90 seconds it took to write this into anything related to Kessler.
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#9
It is his birthday unban him
[Image: image.png]Don't take anything I say seriously
#10
This is just a he said she said right now. Nobody can know for sure what Kessler was going to say EXCEPT for Kessler, and he says he was stopping himself from slurring. Therefore since we can't possibly know what he was thinking without biasing our decisions on him based on his past activity, the warn shouldn't stick. As far as I know Kessler hasn't slurred since November, and why do we want to punish him for stopping himself and following the rules? That would just encourage him to full slur again. As it is right now there is no distinction between just throwing out the slur in full length and cutting yourself off because you slipped up, which seems silly as long as he apologizes.


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