Some California colleges are responding to campus sexual assault and harassment with restorative justice: a process that brings together the student who was harmed, the person who harmed them and the community to seek solutions.
. The federal civil rights law, which turned 50 this year, protects students from sex-based discrimination in schools, including sexual violence.
The student who had been assaulted chose restorative justice because “she did not want another man of color with a disciplinary record,” Miele said. “She said, ‘I want healing and justice and to be able to move on from this, I have a lot of questions I want answered, and I don’t feel comfortable going up to him on my own.’ ”The parties met in a conference room, Miele said, sitting around a table stocked with water bottles, tissues, drawing paper, pens, and snacks.
The conference “showed me a game plan that I could follow to alleviate the harm done to and to better myself,” another wrote. “In our community, the connections between us are so thick, when something bad happens to one of us, we all experience it in some way,” Blythe George, a Yurok tribal member and sociology professor at UC Merced, said in a presentation at Cal Poly Humboldt in April.
Federal law bars restorative justice in cases where a professor has assaulted or harassed a student. And potential power differentials between survivor and accused have also surfaced as an issue at Cal Poly Humboldt, where Maxwell Schnurer, a communications professor who chairs the university’s sexual assault prevention committee, said he’s concerned that restorative justice could lead to a “survivor being asked to take care of someone who had harmed them.
The center ended up scrapping the plan, Shackford-Bradley said, at least until the legal issues can be resolved.
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