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.
Nationally, Rutgers University in New Jersey has been using restorative justice since 2016 — first to treat less-serious incidents such as alcohol violations and later in Title IX cases. Amy Miele, the university’s associate director of student affairs, compliance and Title IX, vividly remembers the first restorative justice conference she organized in a sexual assault case.
“In that moment when he looked them in the eyes and said, ‘I’m sorry,’ it was as if we could all breathe again, like the fog lifted,” Miele said. The survivor told Miele the process had restored her faith in humanity, Miele said.Loyola Marymount University student Gabi Jeakle poses for a portrait at her home in Seattle, Washington, on Dec. 23, 2022. Jeakle, a sexual assault survivor, says she believes in restorative justice but it may not be appropriate in sexual assault cases.
Some indigenous tribes have been practicing forms of restorative justice for generations. So when professors on Cal Poly Humboldt’s sexual assault prevention committee were considering using restorative justice for sexual misconduct, they took inspiration from the local Yurok tribe, whose members had experience using the practice to heal after domestic violence.
Jeakle acknowledged that for the colleges that are trying this, survivors get to choose whether to pursue restorative justice or a traditional investigation. But when you’ve recently undergone trauma, she said, “it can be difficult to know what you need.” But they soon ran into a pitfall: A key tenet of restorative justice conferences is confidentiality. But most university employees – including those who would be running the conferences – are mandatory reporters, meaning that by law, they must tell the Title IX coordinator if they hear of any sexual harassment or assault happening on campus.
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