cygnus

[SabreShibe]

00
Steam Name: cygnus

SteamID: STEAM_0:1:100282959

BanID: 84696

Ban Reason
ToS - Harassment

Staff Member: Pollux

Involved users
Arny, Pollux

Why should you be unbanned?
I do not believe anything I have said or done warrants this punishment, as I do not consider there to be any harassment at all.


Written by Cygnus



I was banned by Pollux somewhere around 7/5/21 for TOS, and my best guess is the ban was specifically
due to perceived harassment towards the developer Arny.

The problem is I have not been able to detect any harassment, nor any significant remarks made by me
publicly towards Arny in general, and especially not in a relevant timeframe.

It is my belief that this is an unfounded ban, and is based entirely on a weak and unsupported
biased perception of me as a person. It has never been my express mission to target and bully
someone over longer period of times, and accusations of this nature made before have had the same issue:

    There is nothing that supports their notion, and there is no reasonable way to conclude I
    act explicitly in hopes of causing particular individuals hurt.

Looking at my own video I have from that day, I talked in the mere vicinity of Arny for a total
of 2 minutes and 1 second, I am apparently to believe that within this timeframe, I committed
harassment - emotionally damaging enough to warrant me getting a 1 year ban (that was randomly
extended to indefinite), but also not damaging enough for Arny to attempt to leave the
situation.

Since he made no attempt to flee the situation, is the argument that just general dislike
is harassment? If I'm around people who make me uncomfortable, I usually try to go away from
them.

At no point did I directly speak to Arny. I did however declare (in-character) I don't know
anyone who would be named Arny, and that I don't like the name.
Which means that the total amount of time I spent talking to Arny is 0 - which means it must
have been incredibly difficult for me to sizeably harass him, as 0 seconds is a very short time.

I have a few expectations from the staff: I want this to be a normal staff sit,
where there needs to be some form of tangible evidence that I actually ever did anything.
As this is a staff decision, the burden of proof rests on them.
As far as I am concerned, there is no such evidence, and as a result;

    I do not believe anything I have said or done warrants this punishment, as I
    do not consider there to be any harassment at all.

If you want a good comparison, there's a ban that was set to 2 months by Lewwings that
was a result of "Racism, extremism, misusing and abusing the president job, minging
with warrants and arrests, FailRP, ignoring rule 6.5, general toxicity, abuse of weapons,
endorsing rape"

Which to me means that you will have to inarguably prove that the harassment I apparently
committed was worse than being a racist extremist who is in favor of rape.

If we want to exclusively consider bans made by Pollux, a person who was banned for
"Mass RDM | RDM in sit | Double accounting" also received less total ban time than me.

FearlessRP has always been one of my favorite GMod servers, and is a place I have invested
a large amount of time into - it is my ideal situation to be unbanned.
Something I largely want to do is re-establish the presence of my clan, as one of the only
existing un-organized Aggro RP squads that exist.
I have been playing since at least 2014, and I would love for that to continue.

[Pollux]

I'm going to bring up these two from the UBR guidelines.

Permanent bans really mean forever, which means you will never be unbanned.
Permanent bans are reserved for ToS. Any ban greater than BanID: 79180 will be affected by this original policy.

A Permanent ban cannot be disputed unless solid evidence is provided proving your innocence.

I find the basis of the ban to be valid with our ToS clearly being broken. No evidence has been provided that proves this ban is invalid. You had several warnings and punishments for your behaviour before the ToS was issued, which is more than what most get and is why a perm was justified.

I'll give you one more reply with the opportunity to provide any evidence. If no evidence is provided or if no response is given within the next 7 days, this UBR will be denied and no further appeals will be considered as per UBR guidelines.

[SabreShibe]

-snip-

[SabreShibe]

-snip-

[SabreShibe]

00

I'm going to bring up these two from the UBR guidelines.

Permanent bans really mean forever, which means you will never be unbanned.
Permanent bans are reserved for ToS. Any ban greater than BanID: 79180 will be affected by this original policy.

A Permanent ban cannot be disputed unless solid evidence is provided proving your innocence.

I find the basis of the ban to be valid with our ToS clearly being broken. No evidence has been provided that proves this ban is invalid. You had several warnings and punishments for your behaviour before the ToS was issued, which is more than what most get and is why a perm was justified.

I'll give you one more reply with the opportunity to provide any evidence. If no evidence is provided or if no response is given within the next 7 days, this UBR will be denied and no further appeals will be considered as per UBR guidelines.

Written by Cygnus

You request evidence for proving that the ban is invalid, which is an unfair position to put me in.
This is because you have a lack of evidence to suggest that I should be banned in the first place.

I clearly state in my thread that the burden of proof lies upon you, as you banned me without being
present in the situation and you are the one who is taking action.

"You had several warnings and punishments for your behaviour before the ToS was issued"
I have not received any warnings indicating that talking to someone near someone was considered
harassment. One of the punishments I received was being shortly banned from the Discord
(shortly thereafter being unbanned because I did not break a rule).
The specific warning was from Conn, who said
"End of discussion. If anyone continues it, I'll ban you from the discord."

"I find the basis of the ban to be valid with our ToS clearly being broken"
If you are actually so sure about it, I request that you provide any evidence that it is valid.
Victims of harassment do not usually seek out communicating with their alleged harassers, as Arny
has done by commenting on a YouTube video of mine a few weeks ago.

If Arny genuinely feels I am harassing him, he would not actively seek out to talk to me.
In fact, his comment is of positive attitude, saying "cheers for the mention  hun x"
You also commented "Why didn't I get a shoutout for the ban " for some reason.

It is unfair to argue that I should prove why the ban is invalid, when you are actively refusing me the option of defending myself in the first place.

[Pollux]

No evidence provided, which is a requirement for appealing permanent bans of this type.

Denied.