Dive Brief:
- A growing number of colleges are exploring restorative justice to address cases of sexual misconduct, a tactic they argue can be more effective than traditional investigations, reduce costs associated with seeking resolution and address due process concerns of the accused, The Chronicle of Higher Education reported.
- Restorative justice requires offenders to take responsibility for their actions in order to participate, a factor advocates say distinguishes it from mediation. The approach, which is often used in minor disciplinary cases on campus, covers resolution tactics that focus on education rather than on punishment.
- Critics say some victims may feel pressure to skip available legal remedies and that interacting with the alleged perpetrator could be further damaging. In its draft Title IX guidance, the Trump administration indicated it would be open to alternative means of addressing sexual misconduct cases.
Dive Insight:
College officials have been wary of the practice due to guidance by the Obama administration against using mediation or so-called "informal resolutions" to address sexual misconduct allegations, the Christian Science Monitor reported. But last year the Education Department under Secretary Betsy DeVos controversially lifted those restrictions and is expected to release new policies that support alternative resolution methods.
The practice of restorative justice has gained popularity in the criminal justice system, which has looked for alternatives to incarceration for less serious crimes and ways to reduce high rates of recidivism. It has also been used widely in high schools to reduce suspensions.
The Centre for Justice and Reconciliation says restorative justice is defined by three key elements: repairing the harm done, allowing the victim and perpetrator to reach a joint decision on the outcome, and identifying the resulting change in the people and communities affected.
The Campus PRISM Project, which promotes restorative justice for sexual- and gender-based offenses on campus, offers a series of best practices for colleges seeking to implement the approach. They include:
- Educating the campus community to prevent sexual misconduct.
- Addressing safety concerns after an incident has occurred.
- Offering high levels of support and accountability for the accused.
- Providing support for victims and training for facilitators.
- Making participation voluntary and involvement confidential.
Not all colleges are on board. The University of Michigan, which uses restorative practices extensively on campus, is still using more traditional approaches for sexual misconduct cases. Critics say the process may be more emotionally scarring for a victim than legal action, and that it doesn't always effectively resolve the matter or make victims feel safe. The accused also may become the target of attacks.