RJTermsandConcepts copy - Restorative Justice Center at UC

advertisement
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
Download