Is there any merit to this argument, i.e., is it really more difficult for autistic people to adhere to a (reasonable) code of conduct?
There is some merit to this argument, in certain circumstances.
The Double-Empathy Problem
Simply put, the theory of the double empathy problem suggests that when people with very different experiences of the world interact with one another, they will struggle to empathise with each other. This is likely to be exacerbated through differences in language use and comprehension. – Dr Damian Milton, 2018-03-02
Instead, much like the English word ‘hough’ can have many different pronunciations and meanings (huff, hock, how, etc) non-autistic language and actions are often bewildering and contradictory– dazzle of hints and secret signals which leave me thinking that much of their language must be in a pitch which I am unable to hear. – thearhystocrat, 2020-01-10
When you write a code of conduct, you need to write it for an audience who doesn't already understand what you mean by "be nice". Here's an example:
- When people correct me on things, I consider that a kindness, for obvious reasons.
- When I correct certain other people, they consider it an insult. This has something to do with status and implicit social hierarchies ("the pecking order"), I think. People I correct often become:
- inexplicably angry or hostile towards me, or
- subdued, deferent, and less inclined to correct me,
- often to talk badly about me behind my back at a later point.
Often, when people write Codes of Conduct, they do so so they have a Code of Conduct; this is fairly useless. A Code of Conduct should clearly set out:
- What kinds of behaviour are recommended.
- What kinds of behaviour are unacceptable.
- In enough detail that a total ignorant can understand.
- And why.
There's little point having things in your Code of Conduct that don't apply to your community. Stock CoCs are all well and good, and it's good to peruse them to make sure you haven't forgotten something relevant, but normally you'll want to write your own Code of Conduct for your own site. This way:
- it's directly relevant to the problems that your community has, and the guidance that your users need;
- you'll feel more comfortable about editing it when necessary.
If your Code of Conduct is clear, actually
You're moderator of a Stack Exchange site. Our old-skool Be Nice policy was good enough in most instances, and the current Code of Conduct is, by and large, even clearer than it was. (I wouldn't use it as a model for another community's CoC, but it does the job.)
I am autistic and therefore I am unable to recognise when something I write is offensive. Therefore the code of conduct discriminates against me.
I only care about clear transgressions of a code of conduct, i.e., anything worthy of a suspension. Being slightly off tone or similar doesn’t qualify.
Moreover, in none of the cases I encountered could I see a link between the transgressions and autistic communication difficulties.
This sounds like a textbook case of "making excuses". Autistic people are, normally, not arseholes. Keeping arseholes on your site has nothing to do with inclusivity. “And therefore I am unable to” are the words of somebody who knows full well what they're doing wrong, and why, and refuses to change their behaviour.
For Stack Exchange moderation specifically, this user's behaviour meets both reasons for a suspension.
But what if it isn't clear?
So you want to give the user the benefit of the doubt? Try:
- Pointing out that social norms are different in different communities;
- Asking them which behaviours they're confused about the "legality" of;
- Asking them which parts of the CoC they're confused about;
- Explaining some rules-of-thumb they could follow to avoid getting into this situation in the future.
If this resolves the issue, chances are your CoC needs updating – or, at the very least, you need a supplemental help page. If the user keeps coming up with an excuse for everything you say, they're probably acting in bad faith.
If the rules are as simple as "don't use these words to describe people, on this website", and they're still "not getting it", it doesn't matter either way. That's not the kind of phenomenon you want in your community.