Restorative Justice Concepts and Definitions Basic Principles of Restorative Justice Accountability and Obligations Restorative justice emphasizes offender accountability and responsibility. For a restorative process to work, a person who has harmed must be willing to take responsibility, and to work with the community to determine his/her obligations to the person who was harmed. It is understood that wrongs or harms result in obligations to make things rights, of both the person who harmed and the broader community. These obligations are recognized as both symbolic and in tangible form. Harms, Needs and Repair Through the Restorative Justice lens, crime or code violations are understood in terms of harm done to people and communities. The primary questions in response to harm are: what are the needs of the person who was harmed (survivor/victim); the person who did the harm (offender/perpetrator/ responsible party) and the broader community. The overarching goal of a Restorative Justice process is to develop a plan for repairing the harm experienced by the survivor and the community. The needs of the responsible party, with a focus on transformation, also play a central role in the process. Engagement (of stakeholders) Restorative justice promotes engagement or participation. The principle of engagement suggests that the primary parties affected by crime--victims, offenders, family members, members of the community--are given significant roles in the restorative justice process. These “stakeholders” need to be given information about each other and to be involved in deciding what justice in this case requires. They are invited to participate on their own terms, but in the spirit of restorative justice. Some Restorative Justice Modalities Restorative Community Conference/Circle (Resolution Model) Typically, a Restorative Community Conference includes the person who was harmed (and one or more supporters), the responsible party (and one or more supporters), and other members of the community who are impacted by the harm. A trained practitioner convenes this conference after first individually preparing all participants in advance. At the conference, the responsible party expresses accountability, and those who were harmed speak of the impact of the events on their lives. A plan is devised to repair harm for the survivor, the community, and the responsible party. For acts of harm that are limited in scope, and require confidentiality, a Mini RJ Conference convened by a trained practitioner allows people to talk things out in the context of harm and its impact, and with the goal of devising a plan for repair. Sentencing Boards/Circles (Sanctions Model) When a survivor/victim does not wish for a restorative outcome, or when an offernder does not accept responsibility, a sentencing circle (made up of multiple campus stakeholders) can convene to discuss the impact of the harm and create a proportional, individualized sanction plan following established guidelines. Re-Entry Circles (Reintegration Model) After a person has been sanctioned or expelled from a community, RJ can operate in conjunction with more conventional systems to offer a re-entry circle experience. This circle process brings together people to welcome the person who harmed back into the circle and pledge support where needed to ensure that he/she can make a fresh start in a community with the required resources for success. Terms and Concepts of the Campus Sexual Misconduct Cases New Adjudication Frameworks for Campuses VAWA Guidelines for Adjudication of Sexual Misconduct Cases on Campus Clery Act Reporting mandates DCL “Dear Colleague Letter” Guidelines Reporting/Adjudication Bodies Title IX Survivor… Student Conduct Types of Violations on Campus Sexual Assault Sexual Harassment Survivor Movement Federal Title IX or Clery Act Complaints Consent Actions Prevention Advocacy