First, let me get the ultimate ruling out of the way and then I will provide some additional explainations / details below it for those who would like additional information so they are more educated and better understand what is expected of them within the clan community.
Looking into the evidence & explainations provided by both TOP and S&M and the various people within the groups, there is no evidence of gross sitting abuse conducted by S&M, specifically fishy / josko / random. The 9 games being sat provided within the evidence spread out over two months does not show that fishy was in anyway incapable of playing the vast majority of her turns, during that time period or moving forward.
The remake of the original game will stand as was originally ruled on by Lindax and upheld later after an appeal, during the TOP sitting case(s).--------Further Info--------
These two cases are very different, as several people have pointed out. The original case brought forth by josko covered a wide variety of players and games (all from TOP). The admin took the list provided by josko of names, dates, games etc and reviewed for evidence of sitting abuse taking place.
During this intial review, admin noted that
in general and not directly related to this case there seemed to be an excessive level of sitting within TOP, which was deemed worthy of a clan wide PM reminder that sitting should only be conducted on planned absenses, or under emergency considerations. While we understand "day to day" things occur in everyones lives, ultimately everyone is supposed to be responsible for their own turns. Emergencies, while undefined, in of itself really explains a lot. If you consider that you are to be taking your own turns in general, and only emergencies should keep you away, you shouldn't be having "emergencies" on a very frequent basis. Otherwise, one begins to question what you are calling an "emergency".
These things generally are worked out between clans, and generally only reviewed only on a reported basis (such as the case S&M brought forward and now TOP). Although some spot checking and reviews have taken place in the past on a random type basis just to make sure people are generally complying with whats expected.
Getting back to the TOP case in particular, one instance in particular stood out pretty clear as "questionable". This was the game where freefalling123 sat for nibotha, shortly after nibotha had been online.
I reached out to both FF & nib to get an explaination of what happened, only to have PaulatPeace respond with an explaination for them. His explaination of events was:
nibotha is at work and clearly states he will be unable to check in on the game.
My understanding is that nibotha took several turns from home and then had to rush to work. Discussion was still ongoing in that game as to the best move to make & he did not have time to take the turn. The time went way below 2 hrs and Free took the turn for nibotha as permitted.
His reasoning was, that the "clan guidance" on sitting allows for sitting to take place if less than two hours on the clock, and if they do not take turns during work hours.
It was explained that if you look at the very next paragraph, it also says "this does not cover all circumstances....The person in question must not have been online recently taking their own turns."
After again asking the individuals actually involved for a first hand account of what happened, we were provided with this from nibotha:
Freefalling123 went out for dinner and was unable to post instructions in game chat in time for me to execute them. PaulatPeace messaged me on WhatsApp and we discussed the options.
At 07.08 GMT+2-
I wrote to Paul-"I am available now...I am here full time but can't be given a specific 2 hour window to take turns (I have a full time job)"
also:
Firstly I don't see the difference between following instructions left by someone on your team and that player executing these instructions himself.
This last part is not something thats considered. Again, the rules clearly state that you should be taking your own turns, whether you are reading directions from chat or not. If you are online and have an opportunity to take that turn, you can not leave it because "FF went to dinner and didn't have instructions in time for him to execute them". Its also not acceptable that someone sits, as regardless of tactical advantages gained or not gained, if they had the chance to play it themselves recently they should have taken their own turn regardless of whether directiosn were in chat.
FreeFallings defense was that there were two moves described in chat (which he posted in the PM) and that:
I ended up playing this move when I jumped on Nibs account... I didn't even really care which move got played to be honest, the game is going to be an easy win... I just happened to hop on with an hour left... it could be any one of our clan sitters...
------
I am so busy IRL right now I don't even know what happened anymore. Nibs walled me at 3 hours left saying he's leaving the move... when I got wind of this there was less than an hour left... I may have even been taking my turns before I even realized....
To say Nibs cheated by leaving a move with 3 hours having when he had no idea if I or anyone else was online to cover him is a hard bargain... we do have people trying to watch for that same situation in our clan... but calling it risky or trusting from nibotha can be hard to judge... I know it's risky, but other people can say he knows I'm going to catch the turn... Okay...
For me, I am basically working full time going to school and then trying to put together some moves for my clanmates in my free time without much time to do it... I'm only sneaking on for a minute to address this because I know the mods have a tough job figuring it out.
Let me just state how my day went that day, the 24 hour turn for me went like this: 15 minutes after the move... I saw and left messy comments for Nibs to decipher... went to sleep thereafter... wake up... go to work... maybe there was 7-8 hours left of the move when I got done working but my next 4 hours I was playing tennis with a friend / playing games with my bosses kids then reading them bedtime stories... settling down for myself, eating, looking over h/w... I barely got on CC to take my own moves let alone set up a plan to sit for Nibs at such low time... Take it how you want... if it was cheating it wasn't deliberate and if there is any flaw here it's my terrible notes and my and james (nibs) lack of communciation skills
So, after discussing with admin and examining logins of the clans, etc. we determined:
1) A general clan wide warning would be issued to all in order to curb non emergency sitting habits, and get people to focus in general on taking their turns more than it seemed they currently were.
2) nibotha was generally found to be at fault, and that he should have taken his turn when he had the chance regardless of what directions were (or were not) included in the chat at the time if he knew he was going to work and could not take the turn there (or was questionable). This gave him an official warning for account sitting abuse. (essentially, what we do for first offense is a warning + educate so it doesn't happen in the future)
3) FreeFalling123, as part of the situation & game in question / focus, was also given a warning + educate for first offense. However, josko appealed under the condition that he had a past sitting abuse case against his record and was determined the next step on punishment scale would be applied. (which he later appealed, and admin released early)
4) While some may have been questionable, other games reported by josko were deemed as "inconclusive" and we chose to lump those into #1, a general clan warning instead of specific warnings to individual players.
This information regarding the game and sitting abuse was turned over to the Clan TO (Lindax) who then ruled that because sitting abuse is looked at as a major infraction, he would remake the game. This wasn't because there was some 50% turn ratio of sitting, or any rule like that I've seen mentioned multiple times but does not exist. It was because account sitting abuse is viewed very seriously by both the site, and the clan team in general.
TOP appealed, and it was rejected. They felt that because #4 was deemed as "inconclusive" it was harsh to remake the game. However, it was just those others specifically mentioned in joskos case that were inconclusive, and not #2 and 3. In fact, if anything #4 being determined to be included with #1 drastically reduced the amount of potential games that might have been remade, had we looked into further and interviewed everyone instead of providing the general warning.
But at the end of the day, we felt one remake was not unreasonable when there was (intentional or not) direct and clear case of sitting abuse and that a general warning to the clan would help both educate and reduce the potential of issues in the future.
--------
In the S&M case reported here, sporadic sitting coverage for 1-2 months doesn't indicate that someone is unable to take the vast majority of their turns. This rule is generally to avoid things like putting a player into the game right before a planned vacation, and that sort of thing.
If anything, if there was a question (which by looking at timelines and explainations provided by S&M) of her availability (which at the time there wasn't) it would have been prudent to ask Lindax if it was a requirement to field exactly teh same team for the remake, or if someone could have been subbed. But again, as has been demonstrated here, I dont believe they did know prior to the remake until after the game started that there might have been a question or issue moving forward.
-----
Hopefully that very long explaination will help settle questions and understandings on all sides. This case will be closed.
Thanks,
IcePack