This is why you're not going to see S-E step into most matters regarding player disputes, they'll step in if you've been vote-kicked in DF due to reasons about loot sure, but you won't see them step in if a player gets vote-kicked for being below the recommended item level, or because a player wiped repeatedly to the same mechanic.

There is no right or wrong answer regarding those situations, regardless of what anyone wants to believe, so S-E's best bet is just to leave it up to majority vote, because if they take a side, that would lead to more abuse of either the vote kick system, or of people abusing the fact that they can't be vote kicked over a particular reason.