Table of contents
Who is responsible for resolving conduct incidents in the CNCF community?
Code of Conduct (“CoC”) incidents in CNCF are resolved by either:
- The Linux Foundation events team,
- The CNCF Code of Conduct Committee, or
- Project-level Code of Conduct responders
In general, the Linux Foundation (LF) events team resolves incidents that take place onsite at LF-produced CNCF events and are subject to the Linux Foundation Events Code of Conduct, and the CNCF Code of Conduct Committee resolves other incidents that impact the CNCF community and thus are subject to the CNCF Code of Conduct. In some cases, the LF events team and CNCF Code of Conduct Committee will work together on resolving incidents, which is usually the case if an incident is subject to both the LF Events Code of Conduct and the CNCF Code of Conduct.
In cases where an incident occurs entirely within a single CNCF project that has its own project-level CoC responders (e.g., the Kubernetes Code of Conduct Committee), the project’s CoC responders rather than the CNCF Code of Conduct Committee will resolve the incident.
There are however, exceptions to these general rules described above. Please see Which Code of Conduct Applies? below and our Jurisdiction Policy for more information.
Why are there multiple codes of conduct in CNCF, and when does each code apply?
There are 2 codes of conduct that apply to the CNCF community:
- The Linux Foundation Events Code of Conduct (LF Events Code of Conduct), and
- The CNCF Code of Conduct.
These codes of conduct are intended to be used in conjunction with each other and have been written to be consistent with each other. There is some overlap, and in some cases an incident may be subject to both codes of conduct.
Why 2 codes of conduct? CNCF is part of the Linux Foundation (LF) and is therefore subject to LF policies, including the LF Events Code of Conduct. Additionally, the CNCF community, through its Technical Oversight Committee, has also adopted a CNCF Code of Conduct.
The LF Events Code of Conduct applies globally to all LF-produced events, including events that LF produces for CNCF. The LF Events Code of Conduct applies only to LF-produced events (not events organized by CNCF Ambassadors or other community members), and does not apply to incidents occurring outside of LF-hosted event venues, even if the incident occurs in the same city as an LF-produced event.
The CNCF Code of Conduct applies to all CNCF community spaces and activities, including online forums for the CNCF community and its projects, and is not limited to CNCF events.
In general, if an incident occurs onsite at an LF-produced CNCF event, both the LF Events Code of Conduct and the CNCF Code of Conduct could apply to that incident. For any incident taking place in a CNCF context other than onsite at an LF-produced event (e.g., in online community forums), the CNCF CoC would apply but the LF Events Code of Conduct would not apply.
Is the CNCF Code of Conduct Committee part of the CNCF?
The CNCF Code of Conduct Committee is an independent committee consisting of 3 community members and 2 CNCF staff members (plus several community member alternates). Although CNCF provides the committee with resources and support (e.g., tooling and access to external independent investigators), CNCF leadership does not direct or control the decisions of the committee.
What if a crime was committed or someone’s legal rights were violated?
The CoC process is not a substitute for law enforcement or the justice system. If a crime was committed or if your legal rights were violated, please report the crime to law enforcement or other appropriate governmental authorities, or pursue legal remedies through an appropriate forum.
If a CoC incident is the subject of a police or governmental investigation, a lawsuit, or other legal proceedings, the LF Events team and CNCF CoC Committee will not attempt to duplicate the law enforcement investigation or resolve issues that are the subject of the lawsuit or other legal proceeding.
If necessary to ensure community wellbeing and safety, the CNCF CoC Committee or the Linux Foundation may decide to implement temporary interim measures while a governmental investigation or legal proceeding is pending. After the governmental investigation or legal proceeding is concluded, the CoC Committee or the Linux Foundation may, in their discretion, take the outcome of those proceedings into consideration in evaluating any related incident that is subject to the CNCF Code of Conduct.
Can I report a lawsuit as a form of harassment or retaliation?
As mentioned in the FAQ above, the code of conduct process is not a substitute for the judicial system. Thus, it’s not the CNCF CoC Committee’s place to interfere with community members’ attempts to avail themselves of the judicial system. It’s also not the committee’s place to resolve legal disputes or assess the validity of any community member’s legal claims against another.
Therefore, when one community member initiates a lawsuit or other legal proceedings against another community member, even if the respondent believes that initiation of legal proceedings is an act of harassment or retaliation, the decision to initiate legal proceedings is outside the scope and jurisdiction of the CNCF Code of Conduct.
After the legal proceedings are concluded, the CNCF CoC Committee or the Linux Foundation may, in their discretion, take the outcome of those proceedings into consideration in evaluating any related incident that is within the scope of the CNCF Code of Conduct.
What happens after a report is submitted?
At a very high level, after the CNCF CoC Committee or LF Events team receives a report of an incident, they conduct an investigation and then reach an evidence-based conclusion. The investigation involves collecting and evaluating relevant information, evidence, and perspectives. In some cases, this may require interviewing involved parties and witnesses about the incident.
For more information on this topic, see the “What happens after a report is submitted?” section of the committee’s Incident Resolution Procedures.
Is receiving multiple complaints about the same incident helpful?
Every report has to be evaluated and responded to, so having a huge group of folks filing multiple complaints for the same incident can actually complicate and extend the duration of the investigation by creating more work.
If you know that someone else has already reported a CoC incident, it is not necessary to submit another report about the same incident. However, if you would like to provide evidence or be interviewed as a witness, please reach out to the committee at conduct@cncf.io.
How long do investigations take?
Investigations can take anywhere from a few days to months. Factors that impact the duration of an investigation include:
- The complexity of the incident. Investigation of a single overtly rude comment that takes place in an online public channel will take much less time to evaluate than an incident that involves multiple people and requires interviewing many witnesses. If you have questions about the complexity of an incident you were involved in, please reach out to the CNCF CoC Committee at conduct@cncf.io.
- Severity of the incident and potential consequences. In general, incidents that are mild and can be resolved with a warning or conversation generally require less investigation. When more severe consequences are under consideration (e.g., revoking someone’s leadership privileges or suspending someone from the community), a more thorough investigation is usually required.
- The number of involved parties and witnesses. The more people there are who need to be interviewed, the longer it will take to complete the investigation.
- Factors impacting scheduling of interviews, including time zone differences, vacation schedules, holidays, illness, travel, and family emergencies.
- Amount of documentary evidence that must be collected and reviewed (e.g., screen shots, photos).
- Whether tangible evidence is readily accessible or is dependent on others to produce. If the committee has to request documentary evidence from others (e.g., getting screenshots from community members, or accessing security video footage from a conference venue), the third party provider’s responsiveness will impact the investigation timeline.
- New information discovered during the investigation. If new information comes to light during the investigation that makes it necessary to interview people we previously interviewed a second or third time, this will increase the length of the investigation.
Who performs the investigation?
Depending on the circumstances, severity, and complexity of the incident, and whether the CNCF Code of Conduct Committee or Linux Foundation has jurisdiction, the investigation may be performed by:
- An individual serving on the CNCF Code of Conduct Committee,
- A member of the Linux Foundation staff,
- Or an external independent investigator hired by the LF or CNCF.
What is the investigator’s role?
The investigator’s role is to gather relevant information, evidence, and perspectives. This often requires interviewing involved parties and witnesses. The investigator does not decide the outcome of an incident. Determination of whether the Code of Conduct was violated and what the remedies and consequences will be is a decision made either by the CNCF Code of Conduct Committee, or the LF Events team, depending on who has jurisdiction. See Who is responsible for resolving conduct incidents? FAQ above and the Jurisdiction Policy for more information.
What happens after the investigation is completed?
After an investigation is completed, meaning all relevant evidence and information has been gathered and all involved parties and witnesses who consent to be interviewed have been interviewed, the investigator prepares a report that includes witness interview notes and all relevant documentary evidence. Depending on who has jurisdiction (as described in the Who is responsible for resolving conduct incidents? FAQ above and in the Jurisdiction Policy), the CNCF Code of Conduct Committee or LF Events Team then discusses the assembled evidence and determines whether the CoC was violated and, if so, what the remedies should be.
How does the committee determine whether the Code of Conduct was violated?
The CNCF Code of Conduct Committee makes all of its decisions based on evidence. The committee does not make decisions based on belief or conjecture. If there is insufficient evidence, the investigation might be inconclusive, and the committee might be unable to determine whether or not a violation occurred. For example, if the reporter and accused person have conflicting recollections of the incident, and there are no witnesses or other evidence that could help establish one person’s account of the incident as being more credible and accurate than the other’s, the committee might be unable to come to a conclusive determination of whether the Code of Conduct was violated.
What are the potential consequences of a CoC violation?
Our procedures provide the following examples of potential consequences and remedies for a CoC violation:
- A warning that if the behavior continues there will be further consequences
- A public or private apology
- Temporary suspension or permanent ban from community or project
- Temporary or permanent removal from a leadership role
- Education, mentoring, or coaching to help the accused improve their behavior
- 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
The committee may also consider other outcomes, including various restorative and transformative outcomes. Also see How are consequences decided? below.
How are consequences and remedies decided?
The CNCF Code of Conduct Committee strives to balance community safety with opportunities for individuals to learn and grow. Everyone makes mistakes, and we generally strive to give people second chances to learn from their mistakes and do better. The CoC process is not intended to be punitive, but rather to uphold a positive environment in CNCF.
Our written procedures contain a list of factors that we consider when determining the consequences of a violation. We elaborate on a few of the most important factors below:
- How severe is the harmful behavior? In general, the remedy and consequences should be proportional to the severity of the incident. We take inspiration from the Enforcement Guidelines of the Contributor Covenant, a broadly adopted code of conduct among open source communities. In general, correction or a warning is appropriate for isolated incidents and milder violations such as use of inappropriate language or unprofessional behavior. Temporary bans are usually warranted only for more serious violations or repeated behavior. A permanent ban will generally only be considered for egregious violations that pose a serious threat to community safety (e.g., physical violence).
- Is the reported person willing to acknowledge why their behavior was harmful and improve their behavior? If so, a lighter consequence (e.g., warning or request for apology) is usually enough. If the reported person is not willing to take responsibility for their behavior and acknowledge its impact on others, a more severe remedy – such as a temporary suspension or revocation of a leadership role – might be necessary to give the person mandatory “time out” to reflect on their behavior and its impact.
- Is the harmful behavior an isolated incident or pattern of repeated behavior? An isolated incident and first-time violation will generally result in lighter consequences than an incident that demonstrates a pattern of repeated behavior, especially if the individual has already been asked to correct their behavior but has not demonstrated improvement.
Where can I learn more?
Please visit the CNCF Code of Conduct page for links to the committee charter, procedures, news, announcements, and other resources.