The way we respond to student misconduct symbolizes the kind of community we aspire to be.
David Karp
Little Book of Restorative Justice for Colleges and Universities
The principles of education, the well-being of students, the safety and well-being of the university community, deterrence, restitution, and where appropriate, Restorative Justice, guide decision-makers within the NAM System.
Restorative Approaches and Practices stem from Restorative Justice, which seeks to:
- elevate the role of harmed parties and community members through active involvement in the misconduct process,
- hold students directly accountable to the people and communities harmed by their conduct,
- repair and restore emotional and material losses of those harmed, and
- provide a range of opportunities for dialogue, negotiation, and problem-solving.
Restorative approaches may be employed independently to resolve an incident of misconduct or may be used in combination with a number of other outcomes (i.e., sanctions) including loss of privilege, educational requirements, and community service. Restorative approaches are most effective when the responsible parties (i.e., Respondents) and harmed parties are willing to participate in the selected process.
The Four Pillars of Restorative Justice
Inclusive Decision-Making
Decision-making is placed in the hands of the individuals who care most about the harm caused.
Active Accountability
Those who caused harm must actively participate in taking responsibility and making amends.
Repairing Harm
Collaboratively, harmed parties and those responsible agree on methods of repair and healing such that all can move forward.
Rebuilding Trust
Trust is rebuilt on the foundation of healing and repair and restores a sense of safety to the impacted party and renewed trust in those responsible for the harm.
Restorative Approaches to Resolution
Restorative Conferences – facilitated conversations or meetings between those responsible for misconduct and those impacted by the misconduct. Participants discuss the harm and then decide on steps to repair harm.
Restorative Circles – similar to Restorative Conferences but involve a larger number of participants. The practice of Restorative Circles arises from Indigenous traditions and often incorporates traditional practices such as the use of a talking piece that is held by each participant when it is their turn to speak. Participants speak in rounds to discuss what happened, share feelings and perceptions about the incident and its impact, and share ideas about resolutions.
Restorative Conversations – conversations between those responsible for misconduct and a Case Manager or other resource person who can represent the university as a harmed party. Conversations help those responsible to appreciate the impact of their actions and discuss options for moving forward.
Apology to Harmed Parties – a written or verbal apology addressed directly to the harmed party(s).
Payment of Restitution – an agreed financial payment to repair or replace damaged property.
Community Service or Project – service to an organization that is relevant to the harm caused or completion of a project that benefits the harmed parties.