Applying Restorative Justice to Campus Sexual Misconduct

Book excerpt: While sexual misconduct on our college and university campuses, both public and private, is dismayingly widespread, it continues to be significantly underreported because most victims perceive that judicial recourse, with its legalistic adversarial approach, fails to address--in a healing way--the harms done to them. Fewer still file formal complaints, many for fear that they may lose agency and that the process may rekindle the trauma of their experience. Recognizing the reality that supermajority of sexual harms in higher education are rarely addressed through established legalistic practices, this book offers a range of alternative approaches based on restorative justice. Starting from the premise "What if we started with the goal of healing in mind", this book opens with an overview of common restorative practices and accounts of application and lessons learned by practitioners who have implemented a range of restorative justice and alternative-based approaches. Subsequent chapters cover procedural elements, recommendations around documentation. and interventions for individuals who have caused harm through sexual and gender-based misconduct. The book addresses facilitation; the need to pay attention to self, people, and systems, identities, and power dynamics; the considerations for working restoratively with both complainants and respondents; offers cases and adaptable examples of resolution; and concludes with reflections on institutional implementation from the perspectives of administrators, facilitators, and a student survivor. Recognizing there will always be a need for a formal investigatory approach to cases of sexual misconduct, the book offers a wide range of alternative options that empower those who are most directly affected to make the call for themselves. In doing so, it may increase reporting and, furthermore, in offering a healing justice that addresses individual and community needs, may work to reduce sexual misconduct on campus.