├── .github
├── PULL_REQUEST_TEMPLATE
│ ├── coc_change.md
│ └── other.md
└── settings.yml
├── .gitvote.yml
├── LICENSE
├── README.md
├── coc-committee-charter-proposed.md
├── coc-committee-jurisdiction-policy-proposed.md
├── coc-incident-resolution-procedures-proposed.md
└── code-of-conduct-proposed.md
/.github/PULL_REQUEST_TEMPLATE/coc_change.md:
--------------------------------------------------------------------------------
1 |
8 |
9 | ## Description of change
10 | ...
11 |
12 | ## Call for vote
13 | /vote-reviewers
14 | /vote-toc
15 | /vote-gb
16 | /vote-elected
--------------------------------------------------------------------------------
/.github/PULL_REQUEST_TEMPLATE/other.md:
--------------------------------------------------------------------------------
1 |
--------------------------------------------------------------------------------
/.github/settings.yml:
--------------------------------------------------------------------------------
1 | repository:
2 | # See https://developer.github.com/v3/repos/#edit for all available settings.
3 |
4 | # The name of the repository. Changing this will rename the repository
5 | name: wg-cocc
6 |
7 | # A short description of the repository that will show up on GitHub
8 | description: ⚖️ CNCF Code of Conduct Committee WG (Bootstrap)
9 |
10 | # A URL with more information about the repository
11 | homepage: https://cncf.io/projects
12 |
13 | # Collaborators: give specific users access to this repository.
14 | # Note: changing this file will update the users visible in Github UI
15 | # see /governance/roles.md for details on write access policy
16 | # note that the permissions below may provide wider access than needed for
17 | # a specific role, and we trust these individuals to act according to their
18 | # role. If there are questions, please contact one of the chairs.
19 | collaborators:
20 | # Chairs
21 | - username: dims
22 | permission: admin
23 |
24 | # Others
25 | - username: caniszczyk
26 | permission: admin
27 |
--------------------------------------------------------------------------------
/.gitvote.yml:
--------------------------------------------------------------------------------
1 | # Example file: https://github.com/cncf/gitvote/blob/main/docs/config/.gitvote.yml
2 | profiles:
3 | default:
4 | duration: 4w
5 | pass_threshold: 66
6 | allowed_voters:
7 | users:
8 | - jeefy
9 | - amye
10 | - caniszczyk
11 |
12 | gb: # Governing Board Representatives
13 | duration: 4w
14 | pass_threshold: 50
15 | allowed_voters:
16 | users:
17 | - arun-gupta # Arun Gupta
18 | - alena1108 # Alena Prokharchyk
19 |
20 | toc: # TOC Representatives
21 | duration: 4w
22 | pass_threshold: 50
23 | allowed_voters:
24 | users:
25 | - dims # Davanum Srinivas
26 | - mattfarina # Matt Farina
27 |
28 | elected: # Elected Representatives
29 | duration: 4w
30 | pass_threshold: 50
31 | allowed_voters:
32 | users:
33 | - cblecker # Christoph Blecker
34 | - anvega # Andres Vega
35 |
36 | reviewers:
37 | duration: 4w
38 | pass_threshold: 20
39 | allowed_voters:
40 | users:
41 | - alolita # Alolita Sharma
42 | - amye # Amye Scavarda Perrin
43 | - lumjjb # Brandon Lum
44 | - carlagaggini # Carla Gaggini
45 | - carolynvs # Carolyn Van Slyck
46 | - caniszczyk # Chris Aniszczyk
47 | - endocrimes # Danielle Lancashire
48 | - dzolotusky # Dave Zolotusky
49 | - thefoxatwork # Emily Fox
50 | - erinboyd # Erin Boyd
51 | - jeefy # Jeffrey Sica
52 | - joannalee333 # Joanna Lee
53 | - raravena80 # Ricardo Aravena
54 | - tashimi # Tasha Drew
55 |
--------------------------------------------------------------------------------
/LICENSE:
--------------------------------------------------------------------------------
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/README.md:
--------------------------------------------------------------------------------
1 | # Code of Conduct Working Group
2 |
3 | ## Purpose
4 |
5 | The CNCF Code of Conduct Working Group (“CoC-WG” or “Working Group”) is a working group whose intended output is an updated CoC incident resolution structure and updated set of policy documents including:
6 | - **[Updated CNCF Code of Conduct]:** This document will contain improvements to the existing CNCF Code of Conduct and will eventually replace the existing CNCF Code of Conduct.
7 | - **[CNCF Code of Conduct Committee Charter](https://github.com/cncf/wg-coc/blob/main/coc-committee-description-proposed.md):** This document will describe the size, composition, eligibility requirements, term lengths, procedures for electing or appointing the committee members, and decision-making processes.
8 | - **[Incident Resolution Procedures]:** This document will explain how to submit a report, policies regarding information sharing and confidentiality, how conflicts of interest are dealt with, and other procedures related to review, investigation, and resolution of an incident.
9 | - **[Jurisdiction Policy:](https://github.com/cncf/wg-coc/blob/main/coc-committee-jurisdiction-policy-proposed.md)** This document will explain how to determine whether an incident falls under the jurisdiction of LF Events, the CNCF CoC Committee, or a project-level CoC Committee.
10 |
11 | The Working Group will **not** review or resolve Code of Conduct complaints. Resolution of Code of Conduct incidents will continue to be handled by the [Interim CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/) until a more permanent committee structure results from the output of the Working Group.
12 |
13 | ## Roadmap of Priorities
14 |
15 | The Working Group intends to complete its intended deliverables in the following order:
16 | 1. [Incident Resolution Procedures]
17 | 1. [Updated CNCF Code of Conduct]
18 | 1. [Jurisdiction Policy](https://github.com/cncf/wg-coc/blob/main/coc-committee-jurisdiction-policy-proposed.md)
19 | 1. [CNCF Code of Conduct Committee Charter](https://github.com/cncf/wg-coc/blob/main/coc-committee-description-proposed.md)
20 |
21 | ## Deliverables Timeline
22 |
23 | | **Deliverable** | **1. Submit New Proposals By** | **2. Comment on Existing Proposals By** | **3. Co-Chairs Consider Comments and Make Modifications On** | **4. Comment on Co-Chair Modifications By** | **5. Co-Chairs Meet to Finalize & Approve On** |
24 | |-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|-------------------------------------|-------------------------------------------------------|-----------------------------------------|------------------------------------------|
25 | | **Incident Resolution Procedures** | NA - The Interim Code of Conduct Committee contributed a proposal in October 2022 | January 11, 2023 | January 12, 2023 | January 25, 2023 | January 26, 2022 |
26 | | **Updates to CNCF Code of Conduct** | February 8, 2023 | February 22, 2023 | February 23, 2023 | March 8, 2023 | March 9, 2023 |
27 | | **Jurisdiction Policy** | February 8, 2023 | February 22, 2023 | February 23, 2023 | March 8, 2023 | March 9, 2023 |
28 | | **CoC Committee Charter**
*Composition
*Eligibility criteria
*Election/appointment procedures
*Term lengths / limits / election cycle | March 8, 2023 | April 5, 2023 | April 6, 2023 | May 3, 2023 | May 4, 2023 |
29 | | **Final Call for Comments on All Documents** | NA | May 19, 2023 | May 20, 2023 | May 31, 2023 | June 1, 2023 |
30 |
31 | The final call for comments on all 4 documents is intended for refinement (e.g., ensuring all 4 documents are aligned and consistent, updating cross-references, addressing gaps), not for major changes. Any comments that were submitted after the original comment deadline in the table above for a particular document will be considered during the final comment period.
32 |
33 | ## Contribution Review and Approval Cycle
34 |
35 | The numbered steps below correspond to the numbered columnn headers in the *Deliverables Timeline* table above.
36 |
37 | **1.** New proposals are submitted
38 | **2.** Two-week comment period on proposals submitted
39 | **3.** Co-Chairs meet to review comments and make modifications to address comments
40 | **4.** Two-week comment period on Co-Chair modifications
41 | **5.** Co-Chairs meet to finalize and approve
42 |
43 |
44 | If consensus is not reached on a particular issue by the target completion/final approval date, the Co-Chairs may:
45 | (a) escalate the issue to the Governing Board or Technical Oversight Committee for resolution, and/or
46 | (b) try to resolve the issue through another set of modifications and another comment period, and/or
47 | (c) call a working group meeting to discuss, brainstorm solutions, and try to reach consensus.
48 |
49 | ## How to Participate
50 |
51 | Any CNCF community member may submit a proposal or suggest changes to an existing proposal by opening a pull request, opening an issue, or posting comments.
52 |
53 | If you prefer to submit proposals or feedback anonymously, you may do so via this [feedback submission form](https://forms.gle/pUMpHde799UkRGgC8). You are also welcome to share your feedback and suggestions directly with any of the Working Group Co-Chairs/Approvers or Reviewers.
54 |
55 | You can also join the CNCF slack channel [#cncf-coc-wg](https://cloud-native.slack.com/archives/C041LMZP31R).
56 |
57 | To sign up for the [Working Group mailing list](https://lists.cncf.io/g/cncf-coc-wg/), please click the “Apply For Membership In This Group” button.
58 |
59 | ## Working Group Leadership
60 |
61 | ### Co-Chairs / Approvers
62 |
63 | The Working Group has 3 Co-Chairs and primary Approvers: one from the Governing Board, one from the TOC, and one who is elected by the Maintainer community. The Governing Board, TOC, and Maintainer community each also have a designated alternate Approver.
64 |
65 | | | **Primary** | **Alternate** |
66 | |-----------------------------------|-------------------------|-------------------|
67 | | **Governing Board** | Arun Gupta | Alena Prokharchyk |
68 | | **Technical Oversight Committee** | Emily Fox | Matt Farina |
69 | | **Elected** | Christoph Blecker | Andres Vega |
70 |
71 |
72 | ### Reviewers
73 |
74 | The following individuals are Reviewers:
75 |
76 | - Alolita Sharma
77 | - Amye Scavarda Perrin
78 | - Brandon Lum
79 | - Carla Gaggini
80 | - Carolyn Van Slyck
81 | - Chris Aniszczyk
82 | - Danielle Lancashire
83 | - Dave Zolotusky
84 | - Emily Fox
85 | - Erin Boyd
86 | - Jeffrey Sica
87 | - Joanna Lee
88 | - Ricardo Aravena
89 | - Tasha Drew
90 |
91 | You can become a Reviewer if you qualify under the eligibility criteria described in [this post](https://www.cncf.io/blog/2022/06/23/new-structure-for-cncf-code-of-conduct-update-project/) or all 3 Co-Chairs approve adding you as a Reviewer. If you would like to become a Reviewer, please open a pull request to add yourself to the Reviewer list above.
92 |
93 | ## How Decisions Are Made
94 |
95 | The review and approval process is structured to ensure that the Working Group is making decisions based on consensus and that there is broad buy-in on any proposal that gets merged.
96 |
97 | Initially, at least 3 Reviewers or Approvers must review and support a PR for it to advance to the Co-Chairs for approval, and all 3 Co-Chairs (1 from the Governing Board, 1 from the Technical Oversight Committee, and 1 Approver who has been elected by the community) must approve in order for the pull request to be merged.
98 |
99 | Additionally, updates to the Code of Conduct itself must be approved by the CNCF Technical Oversight Committee (CNCF Charter §13), and creation of the new CoC Committee must be approved by the CNCF Governing Board (CNCF Charter §5(d)(vii)).
100 |
101 | In the event consensus is not reached on any particular issue in order to move forward in accordance with the review and approval procedures described above, the issue will be escalated to CNCF Governing Board if it concerns matters related to the structure, policies, or procedures of the Code of Conduct Committee; and the issue will be escalated to the Technical Oversight Committee if it concerns the language of the Code of Conduct itself.
102 |
103 | For any major new proposal, the Approvers/Co-Chairs will allow a comment period of at least two weeks before approving or merging it.
104 |
105 | ## Licensing
106 |
107 | This document is licensed under the [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
108 |
109 | [Updated CNCF Code of Conduct]: /code-of-conduct-proposed.md
110 | [CNCF Code of Conduct Committee Description]: /coc-committee-description-proposed.md
111 | [Incident Resolution Procedures]: /coc-incident-resolution-procedures-proposed.md
112 |
--------------------------------------------------------------------------------
/coc-committee-charter-proposed.md:
--------------------------------------------------------------------------------
1 | **PROPOSED DRAFT: This proposed working draft is under review and development by the [Code of Conduct Working Group](https://github.com/cncf/wg-coc). It is not a final document. If you would like to propose changes to this document, please do so by opening a pull request, opening an issue, or posting a comment. The first version of this proposed draft was contributed by the [Interim CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/) and is based on the interim committee’s own [committee description](https://www.cncf.io/conduct/committee/).**
2 |
3 | # CNCF Code of Conduct Committee Charter
4 |
5 | ## Purpose
6 |
7 | The CNCF Code of Conduct Committee (“CoC Committee”) responds to, investigates, and resolves [CNCF Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md) incidents.
8 |
9 | The Jurisdiction Policy describes the CoC Committee’s relationship to the Linux Foundation (LF) staff, who enforces the [Linux Foundation Events Code of Conduct](https://events.linuxfoundation.org/about/code-of-conduct/), and project-level Code of Conduct responders (e.g., the Kubernetes Code of Conduct Committee).
10 |
11 | ## Composition
12 |
13 | The CoC Committee consists of 3 elected community members and 2 CNCF appointed staff members, plus alternates.
14 |
15 | ## Eligibility
16 |
17 | To be eligible to serve as a primary or alternate member of the CoC Committee, an individual must not have violated the CNCF Code of Conduct within the prior 18 months.
18 |
19 | Additionally, elected community member representatives are subject to the following eligibility criteria:
20 | * Must be an active participant in the CNCF community, or previously been an active participant.
21 | * Previous experience on an ethics committee or code of conduct committee, or other experience related to legal, HR, compliance, or supporting DEIB (diversity, equity, inclusion, & belonging) is valued but is not required.
22 | * Must be a generally responsible human.
23 | * Demonstration of integrity, professionalism, and positive influence within the CNCF community or other communities is highly valued.
24 |
25 | ## Elected Community Member Representatives
26 |
27 | ### Limit on Number of Representatives from a Single Company
28 |
29 | To reduce the likelihood of multiple conflicts of interests arising for a particular incident, no more than 2 of the 6 (primary + alternate) elected community representatives may be from a single company. If more the 2 employees from the same company are among the 6 candidates with the highest number of votes, only the 2 employees from that company with the highest number of votes shall be elected.
30 |
31 | ### Election of Community Member Representatives
32 |
33 | The community representatives will be elected by a vote of the [Technical Oversight Committee](https://www.cncf.io/people/technical-oversight-committee/) (TOC).
34 |
35 | The 3 candidates receiving the highest number of votes will serve as primary representatives of the CoC Committee. The 3 candidates receiving the next highest number of votes shall serve as alternatives.
36 |
37 | ### Nomination of Community Member Representatives
38 |
39 | The TOC will announce a request for nominations some time in [month to be determined] from anyone meeting the eligibility for candidacy guidelines. The TOC may request that TAG-Contributor Strategy or any other specific committee or group within the CNCF community submit nominations.
40 |
41 | The TOC will accept nominations for at least 1 week and may choose to accept nominations for a longer period. After the announced nomination period closes, the TOC will hold a private ballot election using time-limited Condorcet ranking and use the Schulze method to break ties. The TOC will publicly announce the winners of the election.
42 |
43 | ### Term Lengths and Limits
44 |
45 | Elected CoC Committee Members shall each serve for a 2 year term. There is no limit on the number of terms (consecutive or not) that an individual can serve on the CoC Committee.
46 |
47 | ### Resignation, Removals, and Vacancies
48 |
49 | If any member of the CoC Committee is inactive on the committee for more than 6 months, it is highly encouraged that they resign, and if they do not resign, the remaining CoC Committee members may vote to remove them.
50 |
51 | If a primary elected committee member resigns, is removed, or becomes disqualified prior to the end of their term, the alternate who received the highest number of votes in the election will replace them as a primary committee member for the remainder of the term.
52 |
53 | If an elected primary or alternate committee member resigns, is removed, or becomes disqualified prior to completion of their term, the CoC Committee will decide whether to continue operating with one fewer alternate member for the remainder of the term or ask the TOC to hold a special mid-cycle election to add another alternate to the CoC Committee.
54 |
55 | ## CNCF Staff Representatives
56 |
57 | CNCF will appoint 2 staff members to serve on the CoC Committee as primary representatives.
58 |
59 | CNCF may appoint up to 2 alternate staff members to serve on the committee on an ongoing basis. Alternatively, in the event one of the primary CNCF staff representatives is unavailable or has a conflict of interest for a particular incident, CNCF may appoint an alternate staff representative just for that incident.
60 |
61 | ## Alternates
62 |
63 | Alternates do not participate in resolution of every incident; alternates participate only on an as needed basis to when a primary committee member is unavailable or has a conflict of interest, for the purpose of ensuring that multiple Community Members participate in resolution of every incident.
64 |
65 | The CoC Committee may invite any individual who meets the eligibility requirements for serving on the committee to serve as an alternate for a particular incident.
66 |
67 | ## Linux Foundation Liaison
68 |
69 | When a Code of Conduct incident is subject to both the CNCF Code of Conduct and the Linux Foundation Events Code of Conduct, the Linux Foundation may designate a liaison (the “LF Liaison”) to coordinate efforts between the Linux Foundation and the CoC Committee. The CoC Committee may ask that the LF Liaison may participate in CoC Committee discussions and meetings regarding the incident on a non-voting basis. If the CoC Committee does not invite the LF Liaison to participate in CoC Committee discussions, the CNCF staff members who serve on the committee will be responsible for coordinating and liaising with the Linux Foundation as needed.
70 |
71 | ## CNCF Governing Board Liaison
72 |
73 | The CNCF Governing Board shall designate a representative to serve as a liaison (the "GB Liaison") to coordinate efforts between the Governing Board and CoC Committee when the CoC Committee deems such coordination to be in the best interests of the community. The GB Liaison shall not participate in the investigation (except as a witness if appropriate) or decision-making regarding how an incident should be resolved. The GB Liaison is required to comply with the [Confidentiality Policy](https://github.com/cncf/wg-coc/blob/main/coc-incident-resolution-procedures-proposed.md#confidentiality-policy).
74 |
75 | ## Information Sharing with TOC and Governing Board
76 |
77 | The CoC Committee may provide to the TOC or the GB Liaison, and the GB Liaison may freely share with the Governing Board, non-confidential information and information that cannot be used to identify reporters or any victims or targets of harassment, including:
78 | * Statistical information, such as number of incidents reported
79 | * Procedural information, such as how the committee functions, whether a committee member or an external consultant is performing an investigation, and whether any committee members recused themselves due to a conflict of interest
80 | * Systemic issues such as policy, governance, or cultural concerns that came to light as a result of the incident
81 |
82 | Information that can be used to identify a reporter, victim, or target of harassment will not be provided to the TOC or a GB Liaison unless such reporter, victim, or targeted individual has consented to disclosure of their identity or their identity is already publicly known.
83 |
84 | The GB Liaison shall not share confidential information concerning a specific incident with the Governing Board unless the CoC Committee has requested or authorized such sharing for a purpose specified by the CoC Committee. In such case, the GB Liaison shall clearly designate such information as confidential when sharing it with the Governing Board.
85 |
86 | ## How Decisions Are Made
87 |
88 | Decisions of the CoC Committee shall be made by consensus whenever possible. In the event consensus cannot be reached, decisions shall be made by majority vote of non-conflicted members of the CoC Committee. A decision to take temporary interim action in the event of an emergency may be taken by any individual CoC Committee member acting in good faith, and the CoC Committee shall review such action and decide whether to confirm or reverse such action. Any permanent action shall require approval of a majority of non-conflicted members of the CoC Committee. The CoC Committee may take action without a meeting if a majority of non-conflicted members express agreement in writing (e.g., email or slack) and none of the non-conflicted CoC Committee members either object to the proposed action or request a meeting to discuss the proposed action within 24 hours after the action is first proposed to the CoC Committee. In the absence of such agreement in writing, the CoC Committee may only take action during or after a meeting takes place at which the proposed action is discussed and agreed to by consensus or voted upon by a quorum of the non-conflicted members. A majority of non-conflicted members shall be deemed a quorum for purposes of a meeting. See the “[Conflict of Interest](https://www.cncf.io/conduct/procedures/#conflicts-of-interest)” section of the Incident Resolution Procedures for more information.
89 |
90 | ## External Support Resources
91 |
92 | The CoC Committee may, in its discretion, engage external mediators, investigators, advisors, and consultants as needed to assist with resolution of CoC Incidents. Any such external resources shall not have a vote, and shall be required to maintain confidentiality in accordance with our [Confidentiality Policy](https://www.cncf.io/conduct/procedures/#confidentiality-policy).
93 |
94 | ## Incident Resolution Procedures
95 |
96 | Please see our [Jurisdiction Policy](https://www.cncf.io/conduct/jurisdiction/) and our [Incident Resolution Procedures](https://www.cncf.io/conduct/procedures/), which address:
97 |
98 | - How to submit a report
99 | - What information to share in your report
100 | - What happens after a report is submitted
101 | - Resolution
102 | - Information sharing
103 | - Confidentiality Policy
104 | - No retaliation
105 | - Conflicts of interest
106 |
107 | ## Amendments
108 |
109 | Any amendments to this charter must be approved by the CNCF Governing Board consistent with the CNCF Charter.
110 |
111 | ## Licensing
112 |
113 | This document is licensed under the [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
114 |
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/coc-committee-jurisdiction-policy-proposed.md:
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1 | **PROPOSED DRAFT: This proposed working draft is under review and development by the [Code of Conduct Working Group](https://github.com/cncf/wg-coc). It is not a final document. If you would like to propose changes to this document, please do so by opening a pull request, opening an issue, or posting a comment. The first version of this proposed draft was contributed by the [Interim CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/).
2 |
3 | # Jurisdiction Policy for CNCF Code of Conduct Incident Resolution
4 |
5 | ## Table of Contents
6 |
7 | - [Purpose and Summary](#purpose-and-summary)
8 | - [Jurisdiction of Project CoC Responders](#jurisdiction-of-project-coc-responders)
9 | - [Transfer by Project CoC Responders](#transfer-by-project-coc-responders)
10 | - [Appeal of Project Decisions](#appeal-of-project-decisions)
11 | - [Jurisdiction of the CNCF Code of Conduct Committee](#jurisdiction-of-the-cncf-code-of-conduct-committee)
12 | - [Jurisdiction of The Linux Foundation](#jurisdiction-of-the-linux-foundation)
13 | - [Joint Jurisdiction of the Linux Foundation and CNCF](#joint-jurisdiction-of-the-linux-foundation-and-cncf)
14 | - [Legal Risk Analysis](#legal-risk-analysis)
15 | - [Risk Factors](#risk-factors)
16 | - [Remedies Requiring Legal Consultation](#remedies-requiring-legal-consultation)
17 | - [When Legal Consultation is Not Necessary](#when-legal-consultation-is-not-necessary)
18 | - [How to Contact LF Legal Counsel](#how-to-contact-lf-legal-counsel)
19 | - [Central Recordkeeping and Notification](#central-recordkeeping-and-notification)
20 | - [Licensing](#licensing)
21 |
22 |
23 | ## Purpose and Summary
24 |
25 | This policy outlines which of the following incident response teams has jurisdiction to resolve reported Code of Conduct (CoC) violations:
26 |
27 | * The Linux Foundation (including the Linux Foundation Events team)
28 | * [CNCF Code of Conduct Committee](http://www.cncf.io/conduct/committee) (“CNCF CoC Committee”)
29 | * Project-level Code of Conduct responders
30 |
31 | In general:
32 |
33 | * Project-level CoC incident responders (e.g., the [Kubernetes Code of Conduct Committee](https://github.com/kubernetes/community/tree/master/committee-code-of-conduct)) resolve incidents that occur entirely within the project, with some exceptions.
34 | * The CNCF CoC Committee resolves incidents that are project-agnostic, that impact multiple CNCF projects, or that occur in projects that do not have their own designated CoC responders, with some exceptions.
35 | * The Linux Foundation (including its events team) resolves most incidents that take place at or in connection with events that are produced by the Linux Foundation (including CNCF events) and incidents with a heightened risk of legal action or liability.
36 | * Some incidents are jointly resolved by the Linux Foundation and CNCF CoC Committee.
37 |
38 |
39 | ## Jurisdiction of Project CoC Responders
40 |
41 | Projects that have their own designated Code of Conduct (CoC) responders have jurisdiction over alleged violations that occur entirely within the project, except when transfer of an incident is required below.
42 |
43 |
44 | ### Transfer by Project CoC Responders
45 |
46 | Project-level Code of Conduct responders shall promptly transfer a reported incident to the [CNCF CoC Committee](http://www.cncf.io/conduct/committee) if any of the following are true:
47 |
48 | * The incident is project-agnostic or impacts multiple CNCF projects.
49 | * A majority of project-level Code of Conduct responders have hard conflicts of interest (as described in the [Conflict of Interest Policy](https://www.cncf.io/conduct/procedures/#conflicts-of-interest)).
50 | * Laws or regulations may have been violated.
51 | * The incident or its resolution is likely to expose CNCF, the LF, or CNCF project or community leaders (including the CNCF CoC Committee or other CoC responders) to legal risk or liability as determined in accordance with “Legal Risk Analysis’ below.
52 |
53 |
54 | ### Appeal of Project Decisions
55 |
56 | An involved party (a reporter, a person who was targeted or harmed by the incident, or the accused person) can appeal a decision of project-level CoC responders to the CNCF CoC Committee. The CNCF CoC Committee may reverse or overturn a Project-level decision regarding a CoC incident only in the following circumstances:
57 |
58 | * The Project-level CoC responders lacked jurisdiction and were required to transfer the incident to the CNCF CoC Committee per “Transfer by Project CoC Responders” above;
59 | * Individuals who have hard conflicts of interest (see the [Conflict of Interest Policy](https://www.cncf.io/conduct/procedures/#conflicts-of-interest)) decided the outcome of the incident;
60 | * The Project-level responders did not conduct a fair evaluation of the incident (e.g., they failed to review relevant evidence that was available to them);
61 | * The Project-level responders violated applicable policies or procedures of the project or of CNCF, or violated applicable laws, when responding to or resolving the incident;
62 | * The outcome is grossly disproportionate to the alleged misconduct (e.g., permanent ban for an single instance of minor misconduct with a low probability of recurrence) or grossly inadequate to protect the community from further harm (e.g., mere warning to an individual who continues to engage in severe misconduct that endangers the safety of others).
63 |
64 |
65 | ## Jurisdiction of the CNCF Code of Conduct Committee
66 |
67 | The [CNCF CoC Committee](http://www.cncf.io/conduct/committee) has jurisdiction over alleged violations of the [CNCF Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md) that meet any of the following criteria:
68 |
69 | * The incident occurred in a project that does not have its own project-level Code of Conduct enforcement team.
70 | * The incident is project-agnostic or impacts multiple CNCF projects.
71 | * The incident was transferred to the CNCF CoC Committee by a CNCF project.
72 |
73 | The CNCF CoC Committee will transfer an incident to the Linux Foundation if any of the following are true:
74 |
75 | * The members of the CNCF CoC Committee who are available to resolve the incident do not meet the following minimums: (a) there must be at least one committee member with no hard or soft conflicts of interest and (b) there must be at least three committee members with no hard conflicts of interest. See our [Conflict of Interest Policy](https://www.cncf.io/conduct/procedures/#conflicts-of-interest) for a description of hard and soft conflicts.
76 | * The incident impacts one or more LF communities besides CNCF.
77 | * The incident or its resolution is likely to expose CNCF, the LF, or CNCF project or community leaders (including the CNCF CoC Committee or other CoC responders) to legal risk or liability as determined in accordance with “Legal Risk Analysis’ below.
78 |
79 | If an incident is reported to the [CNCF CoC Committee](www.cncf.io/conduct/committee) that falls under the jurisdiction of project-level responders, the committee will transfer resolution of the incident to the project-level responders.
80 |
81 |
82 | ## Jurisdiction of The Linux Foundation
83 |
84 | The Linux Foundation (which includes the LF Events team), has jurisdiction over the following incidents:
85 |
86 | * Alleged violations of the [Linux Foundation Events Code of Conduct](https://events.linuxfoundation.org/about/code-of-conduct/), including violations that occur onsite at a Linux Foundation-produced event.
87 | * Incidents that are community-agnostic or impact multiple LF communities (not just CNCF).
88 | * Incidents that are transferred to the Linux Foundation by the CNCF CoC Committee.
89 |
90 | The Linux Foundation does not have jurisdiction over incidents occurring at events or activities that the Linux Foundation does not itself produce or host. For example, incidents occurring at local meetups organized by CNCF Ambassadors are under the CNCF CoC Committee’s jurisdiction rather than the Linux Foundation's jurisdiction.
91 |
92 |
93 | ## Joint Jurisdiction of the Linux Foundation and CNCF
94 |
95 | If both LF and CNCF have jurisdiction over an incident as described above, LF and the [CNCF CoC Committee](www.cncf.io/conduct/committee) will collaborate to jointly resolve the incident.
96 |
97 | However, if any of the following circumstances applies, the Linux Foundation may take action to resolve the Code of Conduct incident independently without consulting the Interim CNCF CoC Committee:
98 |
99 | * Immediate action must be taken in order to prevent harm or otherwise resolve the incident (e.g., removing someone who is threatening violence from an event).
100 | * The incident arises solely from complaints about an event vendor, sponsor, or exhibiting company, and does not involve complaints about any individual community member’s conduct.
101 | * Even if all allegations contained in an incident report were true, it is clear at the outset that the incident would not constitute a violation of the CNCF Code of Conduct (e.g., if the incident occurred entirely outside of the CNCF community).
102 | * The incident has been resolved through conversations with or between the involved parties.
103 | * The incident exposes LF or CNCF employees to workplace safety risks or other potential harm.
104 | * The incident might involve violation of applicable laws or regulations.
105 | * The incident or its resolution might expose CNCF, the LF, or CNCF project or community leaders (including the CNCF Code of Conduct Committee) to legal risk or liability as determined in accordance with “Legal Risk Analysis’ below.
106 |
107 | In the event that the Linux Foundation takes independent action to resolve an incident in one of the situations described above, the Linux Foundation shall provide the CNCF CoC Committee with a brief summary of the incident and steps that were taken to resolve the incident. The CNCF CoC Committee may, in its discretion, take additional action to further investigate, respond to, or resolve the incident.
108 |
109 |
110 | ## Legal Risk Analysis
111 |
112 |
113 | ### Risk Factors
114 |
115 | Incident responders will promptly consult LF legal counsel if they become aware that any of the following risk factors exist,
116 |
117 | * Any involved party sustained or claims to have sustained physical injury as a result of the incident;
118 | * Any involved party threatens to file a lawsuit or take other legal action;
119 | * Any involved party or witness has reported the incident or communicates that they intend to report the incident to law enforcement or another governmental agency;
120 | * Any involved party notifies the CoC responders that they have hired or will hire an attorney to represent them with respect to the Code of Conduct incident or investigation;
121 | * An involved party may have a legal cause of action arising from the incident; or
122 | * Any applicable laws or regulations were violated or are suspected to have been violated.
123 |
124 | LF legal counsel will determine whether the incident is likely to expose CNCF, the Linux Foundation, or CNCF project or community leaders to legal risk or liability and must therefore be transferred to the Linux Foundation for resolution.
125 |
126 |
127 | ### Remedies Requiring Legal Consultation
128 |
129 | Incident responders must also consult LF legal counsel prior to taking any of the following actions:
130 |
131 | * Banning or suspending an individual from a project or community space for a duration that is longer than two (2) months;
132 | * Publicly communicating the name or identity of an individual who was accused of violating the Code of Conduct.
133 |
134 |
135 | ### When Legal Consultation is Not Necessary
136 |
137 | If none of the Risk Factors above are present, and the incident responders are not planning to undertake any of the Remedies Requiring Legal Consultation, incident responders are not required to consult with LF Legal Counsel.
138 |
139 |
140 | ### How to Contact LF Legal Counsel
141 |
142 | LF Legal counsel can be contacted at [__________].
143 |
144 |
145 | ## Central Recordkeeping and Notification
146 |
147 | To ensure that there is a central repository of data regarding Code of Conduct incidents across all CNCF projects that can be checked to determine whether an accused person is a repeat offender, Project-level incident responders shall promptly notify the CNCF Code of Conduct Committee of any incident that is reported to them even if it is not transferred to the CNCF Code of Conduct Committee. The Project-level incident responders shall provide a brief summary of the nature of the alleged violation and the name of the accused person (but do not have to provide a copy of the full incident report or the identities of the reporters, witnesses, or persons allegedly harmed or targeted), and the CNCF Code of Conduct Committee shall in response notify the project-level Code of Conduct responders if the accused individual has a record of prior violations. When the incident is resolved, the Project-level incident responders shall notify the CNCF Code of Conduct Committee of whether a violation was found and if so, what remediation steps were taken. All information in the central repository shall remain confidential under the Confidentiality Policy and only be shared with other CoC responders in accordance with the [Information Sharing](https://www.cncf.io/conduct/procedures/#information-sharing) policy.
148 |
149 |
150 | ## Amendments
151 |
152 | Any amendments to this Jurisdiction Policy must be approved by CNCF and the Governing Board.
153 |
154 |
155 | ## Licensing
156 |
157 | This document is licensed under the [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
158 |
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/coc-incident-resolution-procedures-proposed.md:
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1 | **PROPOSED DRAFT: This proposed working draft is under review and development by the [Code of Conduct Working Group](https://github.com/cncf/wg-coc). It is not a final document. If you would like to propose changes to this document, please do so by opening a pull request, opening an issue, or posting a comment. The first version of this proposed draft was contributed by the [Interim CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/) and is based on the [Interim CNCF Code of Conduct Incident Procedures](https://www.cncf.io/conduct/procedures/).**
2 |
3 | # CNCF Code of Conduct - Incident Resolution Procedures
4 |
5 | ## Purpose and scope
6 | These Procedures address the following topics related to resolution of potential violations of the [CNCF Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md):
7 |
8 | - [How to submit a report](#how-to-submit-a-report)
9 | - [Submit in writing](#submit-in-writing)
10 | - [Submit in spoken conversation](#submit-in-spoken-conversation)
11 | - [How to report anonymously](#how-to-report-anonymously)
12 | - [What information to include in your report](#what-information-to-include-in-your-report)
13 | - [What happens after a report is submitted](#what-happens-after-a-report-is-submitted)
14 | - [Acknowledgement of Receipt](#acknowledgement-of-receipt)
15 | - [Confirmation of Jurisdiction](#confirmation-of-jurisdiction)
16 | - [Who will have access to reports](#who-will-have-access-to-reports)
17 | - [Investigation](#investigation)
18 | - [Notification to the Accused Person](#notification-to-the-accused-person)
19 | - [Resolution](#resolution)
20 | - [Interim Protective Measures](#interim-protective-measures)
21 | - [Mediation and Resolution by Agreement](#mediation-and-resolution-by-agreement)
22 | - [Potential Remedies](#potential-remedies)
23 | - [Restorative Justice](#restorative-justice)
24 | - [Transformative Justice](#transformative-justice)
25 | - [Factors that the CoC Committee will consider](#factors-that-the-coc-committee-will-consider)
26 | - [Examples of Remedies](#examples-of-remedies)
27 | - [Accountability](#accountability)
28 | - [Communicating the Results](#communicating-the-results)
29 | - [Information Sharing](#information-sharing)
30 | - [Confidentiality Policy](#confidentiality-policy)
31 | - [No Retaliation](#no-retaliation)
32 | - [Conflicts of Interest](#conflicts-of-interest)
33 | - [Obligation to disclose potential conflicts of interest](#obligation-to-disclose-potential-conflicts-of-interest)
34 | - [Procedures to disclose and confirm conflicts](#procedures-to-disclose-and-confirm-conflicts)
35 | - [Procedures when a hard conflict of interest exists](#procedures-when-a-hard-conflict-of-interest-exists)
36 | - [Procedures when a soft conflict of interest exists](#procedures-when-a-soft-conflict-of-interest-exists)
37 | - [Amendments](#amendments)
38 | - [Attribution and Licensing](#attribution-and-licensing)
39 |
40 |
41 |
42 | ## How to submit a report
43 |
44 | If you believe someone is in immediate physical danger, please call your local emergency number.
45 |
46 | You may report a potential violation of the [CNCF Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md) in writing or in a spoken conversation as indicated below.
47 |
48 | ### Submit in writing
49 |
50 | To report a violation in writing, please email [conduct@cncf.io](mailto:conduct@cncf.io), which goes to all primary (not alternate) members of the CNCF Code of Conduct Committee (CoC Committee). If you do not want your report to be received by all members of the CoC Committee, either because you want to submit a report anonymously or because one of the CoC Committee members has a conflict of interest, you may send your report directly to any individual member of the CoC Committee.
51 |
52 | ### Submit in spoken conversation
53 |
54 | If you prefer to report the violation in a spoken conversation, you may request a telephone conversation or virtual meeting with a CoC Committee member. If the incident occurs at an event, you may report the incident in person either to a member of the Linux Foundation Events Team or a member of the CNCF CoC Committee.
55 |
56 | ### How to report anonymously
57 |
58 | If you desire to submit a report anonymously, please send a message directly to any individual member of our CoC Committee through the CNCF Slack and let them know you would like to submit a Code of Conduct report anonymously. If you submit your report anonymously, that member of the CoC Committee will share the contents of your report with the rest of the CoC Committee, but they will not disclose your identity as the reporter to the other members of the CoC Committee (unless such disclosure is necessary to comply with applicable laws or a court order, or to protect you or someone else from imminent danger).
59 |
60 | ## What information to include in your report
61 |
62 | When reporting a potential Code of Conduct violation, please include the following information in your report:
63 |
64 | - Names of the people involved (or if names are unknown, use descriptions and any identifying information such as appearance, role, username, or handle), including the person whom you believe violated the Code of Conduct and any witnesses.
65 |
66 | - Description of the incident, including the events that occurred, the date and time, and location or community space where the incident occurred.
67 |
68 | - The portion(s) of the CoC you believe to be violated.
69 |
70 | - If you have relevant documentary evidence, such as screenshots or photographs, please provide those with your report.
71 |
72 |
73 | ## What happens after a report is submitted
74 |
75 | ### Acknowledgement of Receipt
76 |
77 | The Code of Conduct Committee will acknowledge receipt of your report in a timely manner, usually within a few business days.
78 |
79 | ### Confirmation of Jurisdiction
80 |
81 | After a report is submitted, the CNCF CoC Committee will confirm who has jurisdiction over the incident under the Jurisdiction and Escalation Policy. If the CoC Committee does not have jurisdiction, it will transfer the incident to the applicable project or escalate the incident to the Linux Foundation. Reporters will be notified if this occurs unless they reported anonymously and did not provide their contact information. If the CNCF CoC Committee does have jurisdiction and is not required to escalate it, the committee will proceed to investigate and resolve the incident.
82 |
83 | ### Who will have access to reports
84 |
85 | Reports will only be shared with non-conflicted members of the CoC Committee, with very limited exceptions. See the “Confidentiality”, “Information Sharing”, “Communicating the Results”, and “Conflicts of Interest” sections below for more information.
86 |
87 | ### Investigation
88 |
89 | The CoC Committee will investigate the report by reviewing available evidence and, if appropriate, interviewing witnesses, the accused person, and persons who were targeted or may have been harmed. In some cases, the CoC Committee may engage an external professional investigator or mediator to assist.
90 |
91 | If a potential incident comes to the CoC Committee’s attention that may present a serious continuing risk to community safety, the CoC Committee may investigate or ask Project-level incident responders to investigate, even if no official report has been received.
92 |
93 | If the CoC Committee determines that the Code of Conduct was violated, the CoC Committee will decide on what remediation steps should be taken. See “Resolution” below for more information.
94 |
95 | ### Notification to the Accused Person
96 |
97 | During or after the investigation, the CoC Committee shall notify the accused person that an incident report has been received concerning their alleged behavior, unless the CoC Committee determines that the report is meritless or has been filed in bad faith. While the investigation is ongoing, the CoC Committee shall determine in its discretion whether, how, and when to notify the accused person, and how much information to share about the nature of the allegations, if any, taking into consideration risks of retaliation, evidence tampering or destruction, or witness tampering that might result from the notification. Additionally, notification to the accused person shall comply with the [Confidentiality Policy](#confidentiality-policy). If the accused person was notified of the complaint before or during the investigation, after the incident is resolved, the CoC Committee shall notify the accused person of the outcome.
98 |
99 | ## Resolution
100 |
101 | ### Interim Protective Measures
102 |
103 | Although the CoC Committee will not take any permanent actions until the CoC Committee has gathered and reviewed all available evidence, the CoC Committee reserves the right to take immediate temporary action (e.g., temporarily suspending someone’s participation in a community space while the investigation is pending) at any time after learning of the incident if the CoC Committee determines this is necessary to protect the community or community members from the risk of harm.
104 |
105 | ### Mediation and Resolution by Agreement
106 |
107 | If the accused person and the parties potentially harmed in an incident communicate to the CoC Committee that they would like to resolve the incident through restorative conversation (see “Restorative Justice" below), mediation, or mutual agreement, the CoC Committee will wait until the parties have attempted to do so before making any final decisions regarding resolution of the incident. If all involved parties consent, the CoC Committee, other community members, or an external professional mediator may help facilitate the discussion. If the involved parties agree on an outcome for resolving the incident, and the CoC Committee will review the outcome to (a) determine if it is adequate or if any further actions need to be taken to protect the health and safety of the community and (b) support the involved parties with implementation and accountability.
108 |
109 | ### Potential Remedies
110 |
111 | The goal of Code of Conduct incident resolution is to support and safeguard the health, safety, and wellbeing of the community and individuals who participate in the community, and to reinforce community standards for acceptable behavior; the purpose is not to punish. Whenever appropriate, the CoC Committee shall seek to resolve incidents using restorative justice and transformative justice approaches, as summarized below.
112 |
113 | #### Restorative Justice
114 |
115 | Restorative justice is a framework that seeks to repair the harm that was caused by an incident, and focuses primarily on the parties directly involved in an incident. The goals of restorative justice are to:
116 |
117 | - Support the individuals harmed in their healing and recovery.
118 |
119 | - Provide the accused person with an opportunity to understand the impact of their actions, learn from their mistakes, and improve their behavior (e.g., through coaching, mentoring, or education).
120 |
121 | - Provide the accused person with opportunities to make amends and take actions that help repair or reduce the harm that was caused (e.g., through an apology or community service).
122 |
123 | Restorative justice typically involves a mediated conversation between the accused person and the person harmed for the purposes of creating shared understanding, healing, relationship repair, and closure. However, the CoC Committee will never require individuals involved in an incident to interact or communicate with each other; mediated conversations will only take place if all parties consent.
124 |
125 | #### Transformative Justice
126 |
127 | Transformative justice is a framework that seeks to address systemic issues that may have contributed to or encouraged the harmful behavior (e.g., systems or policies that reward bad behavior, or failure to educate newcomers about standards of conduct). If the CoC Committee determines there are any such systemic issues, the CoC Committee will recommend to the appropriate CNCF governing body or committee that such issues be addressed and, if appropriate, the CoC Committee may offer advice or other support.
128 |
129 | ### Factors that the CoC Committee will consider
130 |
131 | If the CoC Committee determines that a violation has occurred, the CoC Committee will consider the following factors when determining what remediation steps to take:
132 |
133 | - Is the harmful behavior an isolated incident or pattern of repeated behavior?
134 |
135 | - How severe is the harmful behavior?
136 |
137 | - How does the harmful behavior impact the community and its participants?
138 |
139 | - What remedies would best repair or reduce the harm that was caused by the incident?
140 |
141 | - What remedies would best protect the community and involved individuals from further harm?
142 |
143 | - Is the accused person willing to acknowledge why their behavior was harmful and improve their behavior? If so, what remedies would best support them in improving their behavior? (e.g., education or mentoring)
144 |
145 | - Are there systemic issues that encouraged and contributed to the harmful behavior? If so, how can the community address these systemic issues to prevent similar incidents from occurring in the future?
146 |
147 | ### Examples of Remedies
148 |
149 | The following are examples of remedies the CoC Committee may consider. The following list is non-exhaustive:
150 |
151 | - Issuing a warning
152 |
153 | - Removing harmful content from community or project spaces
154 |
155 | - A public or private apology
156 |
157 | - Temporary suspension or permanent ban from community or project
158 |
159 | - Temporary or permanent removal from leadership role
160 |
161 | - Education, mentoring, or coaching to help the accused improve their behavior
162 |
163 | - Addressing systemic issues that contributed to or encouraged the harmful behavior (e.g., through policy changes) to prevent similar incidents from occurring in the future
164 |
165 | ### Accountability
166 |
167 | If any party does not fulfill their obligations related to resolution of the incident (e.g., if the remediation requires the accused person to complete a non-violent communication course and they fail to do so), the CoC Committee may take further action to resolve the incident.
168 |
169 | ### Communicating the Results
170 |
171 | An incident is considered “resolved” when the CoC Committee has completed its investigation and either (a) determined what remediation actions are needed to resolve an incident (including determining that the involved parties’ agreed-upon resolution is adequate) (b) or determined that the CoC was not violated and no remediation is needed. When the incident is resolved, a member of the CoC Committee will inform the person who submitted the report. The CoC Committee will determine how much information to share with the reporter regarding the committee’s findings and what remediation steps were taken, if any, taking into consideration the privacy, confidentiality, and potential impact to the individuals involved in the incident. Notification to the accused person shall follow [Notification to the Accused Person](#notification-to-the-accused-person). The CoC Committee will also determine what information, if any, is necessary to share publicly or with community and project leaders. Any communication regarding the results of the investigation shall comply with the [Confidentiality Policy](#confidentiality-policy). Also see [Information Sharing](#information-sharing) below.
172 |
173 | ## Information Sharing
174 |
175 | Project-level Code of Conduct responders, the CNCF CoC Committee, and The Linux Foundation or CNCF staff may share information with each other on an as-needed basis about reported incidents and their resolution for the limited purposes of:
176 |
177 | - Ensuring that the incident is resolved by the appropriate body with jurisdiction as described in the Jurisdiction and Escalation Policy,
178 |
179 | - Investigating and resolving the reported incident,
180 |
181 | - Maintaining a central repository of records and confirming whether an accused person has prior violations that were resolved by a different incident response team, as described in the Jurisdiction and Escalation Policy,
182 |
183 | - Implementing protective measures and protecting community members from harm,
184 |
185 | - Issuing public transparency reports regarding CNCF Code of Conduct incidents (similar to [transparency reports issued by the Linux Foundation](https://www.linuxfoundation.org/blog/linux-foundation-events-code-of-conduct-transparency-report-2021-event-summary/)). Such transparency reports will not disclose the identities of reporters, persons harmed, or witnesses. Depending on the resolution of an incident, the accused person might or might not be named in a transparency report or other communication to the community.
186 |
187 | ## Confidentiality Policy
188 |
189 | When the CNCF CoC Committee handles incident response, only members of the CNCF CoC Committee without hard conflicts of interest (see our Conflicts of Interest policy below) will have access to confidential information pertaining to the incident, including the identities of the reporters. The CNCF CoC Committee will not disclose the identities or confidential information provided by reporters or persons who were targeted or potentially harmed without their permission, except to a limited number of people on an as-needed basis for investigating and resolving the incident and protecting community members from harm. For example, the CNCF CoC Committee might need to disclose certain information about the incident to LF Events Staff in order to arrange for onsite support for a target of harassment, or to an external professional mediator or investigator who is engaged to assist with resolution of the incident. Confidential information about incidents will only be shared with individuals who are obligated to similarly maintain the confidentiality of such information.
190 |
191 | In some cases, in order to perform a fair and thorough investigation of a reported incident, it may be necessary to question the accused person about the incident. Although the CNCF CoC Committee will not disclose to the accused person who reported the incident or what witnesses have provided information, if only one person or a very small number of people were involved in or witnessed the incident, the accused person may be able to guess their identities.
192 |
193 | In rare situations, the CNCF CoC Committee may be required to disclose confidential information pertaining to an investigation in order to comply with applicable laws, a subpoena, or court order, or to defend against litigation.
194 |
195 | The Interim CoCC may, in its discretion, disclose the identity of the accused person to CNCF staff, CNCF community leaders, or CNCF community members if the Interim CoCC determines that such disclosure is necessary to protect the community or its members from harm.
196 |
197 | ## No Retaliation
198 |
199 | The CNCF community will not tolerate retaliation against community members who report concerns under the CoC in good faith, or who assist in an investigation as witnesses or by providing relevant information. Acts of retaliation are themselves violations of the CNCF Code of Conduct. If you believe you have been retaliated against, please report it using the reporting process described above.
200 |
201 | ## Conflicts of Interest
202 |
203 | **Hard Conflicts**: A CoC Committee member has a hard conflict of interest if any of the following are true:
204 |
205 | - They are the accused person, or a person alleged to be directly harmed or targeted by the alleged wrongdoing;
206 |
207 | - They have a close personal relationship (e.g., close friend, spouse, or family member) with the accused person or with a person alleged to be directly targeted or harmed by alleged wrongdoing;
208 |
209 | - They have a close professional relationship (e.g., direct supervisory relationship at same employer) with the accused person or with a person alleged to be directly harmed or targeted by the alleged wrongdoing;
210 |
211 | - They have another personal interest in the outcome of the incident that is likely to undermine their impartiality.
212 |
213 | - Multiple soft conflicts exist.
214 |
215 |
216 | **Soft Conflicts**: A CoC Committee member has a soft conflict of interest if any of the following are true:
217 |
218 | - They work at the same company as the accused person, but do not have a close personal or professional relationship (e.g., they work for separate business units or divisions and do not interact on a regular basis);
219 |
220 | - Other circumstances exist which are likely to give the appearance of a conflict of interest, even if such circumstances are not actually likely to undermine their impartiality, such as participating in public discussion about a potential violation or concern regarding the accused person’s behavior in their personal capacity rather than in their official capacity as representative of the CoC Committee.
221 |
222 |
223 | Merely witnessing a potential Code of Conduct violation does not constitute a conflict of interest.
224 |
225 | ### Obligation to disclose potential conflicts of interest
226 |
227 | When a CoC Committee member has a potential soft or hard conflict of interest with respect to a reported incident, they have an obligation to promptly disclose the nature of their potential conflict of interest to the rest of the CoC Committee (unless such potential conflict of interest is already known to the other members of the CoC Committee).
228 |
229 | ### Procedures to disclose and confirm conflicts
230 |
231 | Statements of conflict and confirmation of stated conflicts must be done prior to the initiation of an investigation and recorded in the notes of the first meeting convened to discuss the incident.
232 |
233 | A committee member may verbally disclose a conflict statement to the committee first, and then follow up in writing with the statement of conflict. They may also directly provide the statement of conflict in writing.
234 |
235 | Statements of conflict must include the kind of conflict (hard or soft) and the specific area of conflict. The committee is then required to confirm the conflict by majority, for the existence of a soft conflict, the confirmation must also outline what that member can and can not do as part of the investigation.
236 |
237 | ### Procedures when a hard conflict of interest exists
238 |
239 | A CoC Committee member with a hard conflict of interest will not be allowed to attend meetings or otherwise participate in discussions or decision-making of the CoC Committee related to the incident; their participation shall be limited to allowing the remaining CoC Committee members to interview them as a witness and providing information requested by the CoC Committee. Additionally, a CoC Committee Member with a hard conflict of interest will not be provided with any confidential information pertaining to the incident (e.g., identities of reporters or contents of confidential reports).
240 |
241 | ### Procedures when a soft conflict of interest exists
242 |
243 | A CoC Committee member with a soft conflict of interest will not have the right to vote, but may be allowed to participate in discussion regarding the incident. The remaining CoC Committee members will decide what information to provide such conflicted member and the extent to which such conflicted member may be present at meetings, participate in discussions, and otherwise assist in resolution of the incident. Any such decisions regarding participation or recusal of a CoC Committee member with a soft conflict of interest will be recorded in the committee’s meeting minutes or other records.
244 |
245 | ## Amendments
246 |
247 | Any amendments to these Incident Resolution Procedures must be approved by the Code of Conduct Committee.
248 |
249 | ## Attribution and Licensing
250 |
251 | This document includes content based on the [Mozilla “How to Report Violations of the Community Participation Guidelines” document](https://www.mozilla.org/en-US/about/governance/policies/participation/reporting/) , which is based in part on the [PyCon Code of Conduct Revision 2f4d980](https://us.pycon.org/2018/about/code-of-conduct/) . Both of these resources are licensed under the [Creative Commons Attribution 3.0 Unported License](https://creativecommons.org/licenses/by/3.0/) .
252 |
253 | This document is licensed under the [Creative Commons Attribution 4.0 International License](https://creativecommons.org/licenses/by/4.0/).
254 |
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/code-of-conduct-proposed.md:
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1 | **PROPOSED DRAFT: This proposed working draft is under review and development by the [Code of Conduct Working Group](https://github.com/cncf/wg-coc) (CoC Working Group). This document will not become binding on the CNCF community until a final version is approved by the CoC Working Group. When a final updated Code of Conduct is approved, the updated Code of Conduct will replace the existing [Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md); until then, the existing [Code of Conduct](https://github.com/cncf/foundation/blob/main/code-of-conduct.md) will continue to govern. If you would like to propose changes to this working draft, please do so by opening a pull request, opening an issue, or posting a comment.**
2 |
3 | ## CNCF Community Code of Conduct v1.3
4 |
5 | Other languages available:
6 | - [Arabic/العربية](code-of-conduct-languages/ar.md)
7 | - [Bulgarian/Български](code-of-conduct-languages/bg.md)
8 | - [Chinese/中文](code-of-conduct-languages/zh.md)
9 | - [Czech/Česky](code-of-conduct-languages/cs.md)
10 | - [Farsi/فارسی](code-of-conduct-languages/fa.md)
11 | - [French/Français](code-of-conduct-languages/fr.md)
12 | - [German/Deutsch](code-of-conduct-languages/de.md)
13 | - [Indonesian/Bahasa Indonesia](code-of-conduct-languages/id.md)
14 | - [Italian/Italiano](code-of-conduct-languages/it.md)
15 | - [Japanese/日本語](code-of-conduct-languages/jp.md)
16 | - [Korean/한국어](code-of-conduct-languages/ko.md)
17 | - [Polish/Polski](code-of-conduct-languages/pl.md)
18 | - [Portuguese/Português](code-of-conduct-languages/pt.md)
19 | - [Russian/Русский](code-of-conduct-languages/ru.md)
20 | - [Spanish/Español](code-of-conduct-languages/es.md)
21 | - [Turkish/Türkçe](code-of-conduct-languages/tr.md)
22 | - [Ukrainian/Українська](code-of-conduct-languages/uk.md)
23 | - [Vietnamese/Tiếng Việt](code-of-conduct-languages/vi.md)
24 |
25 | ### Community Code of Conduct
26 |
27 | As contributors, maintainers, and participants in the CNCF community, and in the interest of fostering
28 | an open and welcoming community, we pledge to respect all people who participate or contribute
29 | through reporting issues, posting feature requests, updating documentation,
30 | submitting pull requests or patches, attending conferences or events, or engaging in other community or project activities.
31 |
32 | We are committed to making participation in the CNCF community a harassment-free experience for everyone, regardless of age, body size, caste, disability, ethnicity, level of experience, family status, gender, gender identity and expression, marital status, military or veteran status, nationality, personal appearance, race, religion, sexual orientation, socieconomic status, tribe, or any other dimension of diversity.
33 |
34 | ## Scope
35 |
36 | This code of conduct applies:
37 | * within project and community spaces,
38 | * in other spaces when an individual CNCF community participant's words or actions are directed at or are about a CNCF project, the CNCF community, or another CNCF community participant.
39 |
40 | ### CNCF Events
41 |
42 | CNCF events that are produced by the Linux Foundation with professional events staff are governed by the Linux Foundation [Events Code of Conduct](https://events.linuxfoundation.org/code-of-conduct/) available on the event page. This is designed to be used in conjunction with the CNCF Code of Conduct.
43 |
44 | ## Our Standards
45 |
46 | The CNCF Community is open, inclusive and respectful. Every member of our community has the right to have their identity respected.
47 |
48 | Examples of behavior that contributes to a positive environment include but are not limited to:
49 |
50 | * Demonstrating empathy and kindness toward other people
51 | * Being respectful of differing opinions, viewpoints, and experiences
52 | * Giving and gracefully accepting constructive feedback
53 | * Accepting responsibility and apologizing to those affected by our mistakes,
54 | and learning from the experience
55 | * Focusing on what is best not just for us as individuals, but for the
56 | overall community
57 | * Using welcoming and inclusive language
58 |
59 |
60 | Examples of unacceptable behavior include but are not limited to:
61 |
62 | * The use of sexualized language or imagery
63 | * Trolling, insulting or derogatory comments, and personal or political attacks
64 | * Public or private harassment in any form
65 | * Publishing others' private information, such as a physical or email
66 | address, without their explicit permission
67 | * Violence, threatening violence, or encouraging others to engage in violent behavior
68 | * Stalking or following someone without their consent
69 | * Unwelcome physical contact
70 | * Unwelcome sexual or romantic attention or advances
71 | * Other conduct which could reasonably be considered inappropriate in a
72 | professional setting
73 |
74 | The following behaviors are also prohibited:
75 | * Providing knowingly false or misleading information in connection with a Code of Conduct investigation or otherwise intentionally tampering with an investigation.
76 | * Retaliating against a person because they reported an incident or provided information about an incident as a witness.
77 |
78 | Project maintainers have the right and responsibility to remove, edit, or reject comments, commits, code, wiki edits, issues, and other contributions that are not aligned to this Code of Conduct.
79 | By adopting this Code of Conduct, project maintainers commit themselves to fairly and consistently applying these principles to every aspect
80 | of managing a CNCF project.
81 | Project maintainers who do not follow or enforce the Code of Conduct may be temporarily or permanently removed from the project team.
82 |
83 | ## Reporting
84 |
85 | For incidents occurring in the Kubernetes community, contact the [Kubernetes Code of Conduct Committee](https://git.k8s.io/community/committee-code-of-conduct) via . You can expect a response within three business days.
86 |
87 | For other projects, or for incidents that are project-agnostic or impact multiple CNCF projects, please contact the [CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/) via conduct@cncf.io. Alternatively, you can contact any of the individual members of the [CNCF Code of Conduct Committee](https://www.cncf.io/conduct/committee/) to submit your report. For more detailed instructions on how to submit a report, including how to submit a report anonymously, please see our [Incident Resolution Procedures](https://www.cncf.io/conduct/procedures/). You can expect a response within three business days.
88 |
89 | For incidents occurring at CNCF event that is produced by the Linux Foundation, please contact eventconduct@cncf.io.
90 |
91 | ## Enforcement
92 |
93 | Upon review and investigation of a reported incident, the CoC response team that has jurisdiction will determine what action is appropriate based on this Code of Conduct and its related documentation.
94 |
95 | For information about which Code of Conduct incidents are handled by project leadership, which incidents are handled by the CNCF Code of Conduct Committee, and which incidents are handled by the Linux Foundation (including its events team), see our [Jurisdiction Policy](https://www.cncf.io/conduct/jurisdiction/).
96 |
97 | ## Amendments
98 |
99 | Consistent with the CNCF Charter, any substantive changes to this Code of Conduct must be approved by the Technical Oversight Committee.
100 |
101 | ## Acknowledgements
102 |
103 | This Code of Conduct is adapted from the Contributor Covenant
104 | (http://contributor-covenant.org), version 2.0 available at
105 | http://contributor-covenant.org/version/2/0/code_of_conduct/
106 |
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