Restorative Justice Policy

Restorative justice is a theory and practice that originates from indigenous practices around the world. In the United States, restorative justice challenges the fundamental assumptions and dominant discourse about justice. Instead of centralized authorities determining what laws were broken and punishment enforced accordingly, a Restorative Process reframes the central questions of the justice system by determining harm and collaboratively writing an Accountability Agreement to foster healing. Restorative justice recognizes that individual harm impacts not only the individuals involved, but the surrounding community as well. Because of its origins and nature, restorative practices should not be used to further oppress or harm indigenous persons and other marginalized communities.

This document establishes restorative justice as a formal component of the Reed honor process (see Supporting Document I for further information). The Restorative Process shall be facilitated by a group of trained and stipended students. The Restorative Process may be used in addition to or as an alternative to existing honor processes, and any member of the Reed community can request a Restorative Process. Furthermore, at any time Affected Parties can choose to pursue an honor or Judicial Board case, without completing or initiating the Restorative Process.

Section 1. Definition of Terms

Restorative Justice Coalition: The group that facilitates the Restorative Process, also responsible for educating the community about restorative justice and hosting community events.

Staff Advisor(s): The member(s) of the Reed administration, appointed by the Dean of Students, who works in conjunction with the Chairs to arrange trainings, acts as a representative of the Coalition, and advises the Coalition on procedural questions that arise. The Staff Advisor(s) may also be present in facilitations when necessary, and may act as a co-Facilitator when appropriate.

Community Member: A Community Member is any person whose behavior impacts life at Reed; this is not necessarily confined to students, faculty, and staff members at Reed, and may also include others who interact with or are impacted by people or events on campus.

Affected Party: The person or people who have experienced harm as the result of the inciting conflict. An Affected Party or parties can be any member(s) of the Reed community, and may also have caused harm in connection to the inciting conflict.

Responsible Party: The person or people who have caused harm in the context of the inciting incident. The Responsible Party or parties can be any member(s) of the Reed community, and may also have experienced harm in connection to the inciting conflict.

Primary Parties: The Affected Party or parties and Responsible Party or parties.

Supporting Parties: The people invited to join the process by the Primary Parties, who participate to offer emotional support and/or contribute to accountability.

Community Representatives: The Community Members invited to represent the harm that the community as a whole experienced, to provide topical expertise, or to enhance accountability.

Facilitators: The members of the Coalition that plan and guide a Restorative Process.

Accountability Agreement: The action plan agreed upon by the Primary Parties which seeks to repair the harm caused.

Restorative Process: The process facilitated by the Coalition. Used here, the Restorative Process refers to the series of meetings, circles, and actions taken to fulfill the Accountability Agreement from the initial intake to the completion of the Accountability Agreement.

Restorative Conference: Restorative Conferences involve extensive pre-meetings with Primary Parties, and culminate in at least one circle with all parties present in dialogue with each other so that the Affected Party can express their needs and the Responsible Party can vocally take accountability for their actions.
Restorative Circle: Restorative Circles may address harm between parties, but may also be used to build community (Community Circles); to welcome back members who have been away from the Reed community for an extended period of time and connect them with supportive services (Re-entry Circles); to provide support to Community Members who are experiencing extreme distress (Support Circles); or to encourage Community Members who have caused harm to take accountability for their actions (Accountability Circles).

Section 2. Restorative Justice Coalition Composition and Selection Procedure

A. Restorative Justice Coalition Composition

The Coalition shall be made up of at least five student members, of which two are student Chairs, and at least one Staff Advisor. Coalition members may not concurrently be on the Judicial Board.

B. Chair Appointment and Responsibilities

Two continuing student members shall be internally appointed as Chairs before the appointments of new student members. The Chairs are responsible for:

Intake procedures (see Section 4A);
Scheduling and facilitating the Coalition meetings;
Helping train Coalition members;
Working with the Staff Advisor(s) to maintain lines of communication between Student Services and the Coalition;
Working with Honor Council and the Judicial Board to maintain lines of communication between other student-led honor processes and the Coalition;
Acting as Facilitators of the Restorative Process;
Maintaining a shared digital folder to ensure institutional memory within the Coalition (see section 6B).

C. Member Responsibilities

Member responsibilities include:

Acting as Facilitators of the Restorative Process;
Creating supporting materials and increasing campus knowledge on restorative justice, which may include holding office hours;
As a Coalition, publishing a yearly report in The Quest, as well as other campus publications at the Coalition’s discretion.

D. Appointments

Student members shall be appointed by the Appointments Committee. To be eligible for consideration to serve on the Coalition, applicants are required to have been enrolled at Reed for at least one semester.

Unless filling an open position, all members should be appointed during spring semester for the next school year and are asked to commit to their position for the duration of one academic year.
All student members must re-apply through Appointments Committee every year to be reappointed to the Coalition.
1. In the case that a Coalition member is unable to finish the duration of their term, or is otherwise deemed unfit to facilitate by the Coalition Chairs and/or Staff Advisor(s) due to dishonorable conduct, a new member shall be appointed for the remainder of the year and must apply for reappointment at the regular appointment time at the end of spring semester.
At least one Staff Advisor shall be appointed and re-confirmed by the Dean of Students at the end of each academic year with the consent of the Coalition.

E. Training

Members of the Coalition shall receive training at the beginning of their term, coordinated by the Staff Advisor(s) and Chairs. The Chairs and the Staff Advisor(s) shall be responsible for coordinating the training of members in Restorative Processes and procedures. In addition, all members shall receive equity training from the Office for Inclusive Community. Training of new members of the Coalition shall be completed prior to their participation as a Facilitators in any Restorative Process. Training should be ongoing; however, the primary training shall occur annually at the beginning of each school year.

Section 3. Eligibility of Potential Cases

A. Potential Participants

The Restorative Process is voluntary. If a party approached to participate in a Restorative Process does not wish to do so, or if a party decides to withdraw from the Process, the Coalition should present alternative restorative options for the remaining parties. Any Community Member can request a Restorative Process with any other Community Member as long as at least one of the participants is student, faculty, or staff. In cases of sexual harm, there are exceptions (see Supporting Document III). Though any participant may consult a lawyer regarding their participation in a Restorative Process, a lawyer cannot participate in the Process as a representative of one of the parties.

B. Facilitator Assignment and Recusal

If both Primary Parties decide to move forward with the Restorative Process, the Chairs should assign two Coalition members to the case to act as co-Facilitators. If either Primary Party decides to move forward without the other party, as outlined in 3A, the Chairs should assign one or more Facilitators, to be determined on a case-by-case basis. Coalition members may recuse themselves from a case or participants may request recusal from certain members. If the request for a recusal cannot be granted due to a lack of availability of other Facilitators, or due to other reasons as determined by the Chairs and/or Staff Advisor(s), the Chairs should ensure that the party who requested the recusal still wants to move forward with the Restorative Process.

C. Eligible Events

The Facilitators assigned to a case should have the primary responsibility in determining eligibility based on their pre-meetings with the Primary Parties; however, they may consult the Staff Advisor(s) as necessary while honoring the privacy of participants. For cases involving sexual harm, additional precautions should be taken in accordance with the attached guidelines (see Supporting Document III).

Section 4. Procedure

A. Initial Intake

Intake procedures are the responsibility of the Chairs. Intake procedures include: receiving requests for Restorative Processes; creating a shared digital folder for each new case (See Section 6B); assigning members of the Coalition to new cases; obtaining consent from participants regarding the assignment of co-Facilitators; and informing the Staff Advisor(s) that a Restorative Process has been initiated.

B. Facilitator Duties and Pre-Meetings

Once assigned to a case and before contacting any other potential participants, the assigned Facilitator should meet individually with each party initiating the process in order to determine what participants should be contacted and whether the restorative process matches with the needs/desires of the parties. Facilitators shall be responsible for all communication between the participants and the Coalition, including contacting potential participants, responding to email queries, providing information and resources, scheduling appointments with parties for pre-meetings, and inviting Supporting Parties and Community Representatives. Facilitators should conduct pre-meetings separately; generally, one Facilitator should be responsible for meeting with the Affected Party or parties and one for meeting with the Responsible Party or parties. Meetings with Primary Parties should generally happen individually; however, a Primary Party may request to have a Supporting Party present, to be approved by the Facilitators, and upon the agreement that the Supporting Party will refrain from verbally participating in the pre-meeting. Outside of pre-meetings involving Primary Parties, Supporting Parties may be grouped together depending on comfort and context. The Agreement to Dialogue shall be signed by each party during their first pre-meeting with a Facilitator.

C. Example of a Circle Format

After the initial intake and pre-meetings, any circle that takes place between multiple parties as a part of a Restorative Circle or Conference should take the following form:

Introduction: Facilitator(s) introduce the Restorative Process, and the reason for which the circle was called.
Guidelines: Facilitator(s) establish restorative guidelines, inviting each participant to contribute to shaping the agreements within which the group will operate. The confidentiality guidelines are presented within this round (see Section 6).
Values: Participants share the values to be respected and represented within the circle. Important to the creation of a safe space.
Guiding Questions: The most time-intensive portion of the Restorative Process, the Guiding Questions can take multiple rounds, with each round beginning with a question formulated by the Facilitator(s) beforehand. It is important Facilitators begin with a round to identify the harm done and who was harmed, before moving on to other questions. Questions are meant to elicit the feelings, needs, and requests underlying the conflict, rather than focusing on factual components.
Formation of Accountability Agreement: Based on what arose during the Guiding Question rounds, participants identify actions to be completed by (primarily) the Responsible Party, and which are agreed upon by each participant within the circle.
Closing Round: Intended to bring closure to the meeting, participants are invited to reflect on the process, share a few words, and/or answer a closing question posed by the Facilitator(s).

D. Participant Follow-Up

Upon completion of a Restorative Process, participants should attend a follow-up meeting. This meeting can be held in a group, or individually with Facilitators. The purpose of the follow-up is to establish continuing support and/or accountability for the Primary Parties.

In addition to holding a follow-up meeting directly after the Restorative Process, the Facilitators should hold a meeting with the Affected Party upon the completion of the agreed upon Accountability Agreement, and again six months thereafter. The purpose of these meetings is to determine if the Affected Party is still satisfied with the Accountability Agreement, and whether they have experienced any additional harm.
If within the Restorative Process it is agreed upon that additional accountability work, to occur after the completion of the Conference, would be helpful for the Responsible Party, then the acting co-Facilitators will be responsible for organizing accountability circles. Accountability circles should be comprised of the co-Facilitators, the Responsible Party, one or more Supporting Parties, and one or more staff and/or faculty members. Accountability circles should meet consistently, on a basis determined during the Conference.

E. Facilitator Debrief

Upon the completion of each process, the two Facilitators shall debrief together and collaboratively write a reflection about what went well and what could be improved upon, written excluding identifying details, such as names, of all parties except Facilitators. These are to be uploaded to the Coalition’s record-keeping folder for training purposes.

Section 5. Accountability Agreement

At the conclusion of a Restorative Conference, Primary Parties may reach an agreement on the contents of an Accountability Agreement and deadlines by which the Accountability Agreement must be completed. The Accountability Agreement shall be signed by all Primary Parties, and copies of the signed agreement shall be distributed to Primary Parties. Facilitators shall be responsible for following up with Responsible Parties (as outlined in Section 4D) and informing Affected Parties, and other participants as appropriate, of the completion of the Accountability Agreement and all time-bound agreements.

Section 6. Confidentiality and Record-Keeping

A. Confidentiality

Among Conference Participants: During their first pre-meeting, each participant shall sign an Agreement to Dialogue form (see Supporting Document II). The Agreement to Dialogue outlines confidentiality agreements within the circle, including that participation in a Restorative Process shall not be recorded on participants’ academic records. Furthermore, it outlines that no information disclosed during the process should be used in alternative college judicial processes, even if a participant decides to withdraw from the Restorative Process. All participants in the process should follow a “closed door” practice of confidentiality, where the content discussed within the process is not disclosed outside of the process, including between participants. Exceptions to this include discussion between co-Facilitators (see Section 6.A.2) and any exceptions agreed upon by all parties, both in individual pre-meetings and in discussion together.
Among Facilitators: Co-Facilitators may discuss cases with their Coalition chairs and the Staff Advisor(s), as needed to properly facilitate. Facilitators may discuss cases with other Facilitators not assigned to that case, but should omit identifying details of the case and participants, and may not discuss cases with members who have recused themselves or been asked to recuse.
Exceptions to Confidentiality: Exceptions to confidentiality are limited to:
1. Information about abuse or neglect of a child or vulnerable adult per ORS 419B.005 to 419B.050; such information will be reported in accord with law.
2. Credible threats of physical harm to self or others.
3. Cases in which the College has received a lawful subpoena or is required to provide information pursuant to a court order.
Facilitators shall enumerate these exceptions to confidentiality at the beginning of each Restorative Conference, and before any confidential meeting with a potential participant.

B. Record-Keeping

Coalition records shall be digitized and placed in a shared folder. Ownership of the folder shall be transferred to the Chairs at the time of their appointment, and access to the folder shall be updated when new members are added or removed from the Coalition. This folder should include, but is not limited to:

Coalition training documents;
Community education documents;
Outgoing member reflections;
Subfolders for each individual case, which should include the Agreement to Dialogue, Accountability Agreement and Facilitator reflections. These shall be deleted between six and twelve months after the fulfillment of the Accountability Agreement or the discontinuation of the Restorative Process.

C. Reporting Status of Coalition Members

Student members of the Restorative Justice Coalition shall not be obligatory reporters under Title IX. When participating in a Restorative Process, the Staff Advisor(s) are not considered to be obligatory reporters. However, it should be noted that under Oregon law all employees of an educational institution are mandatory reporters of abuse and neglect of children and vulnerable adults. Facilitators shall disclose their non-obligatory reporting status at the beginning of pre-meetings, and Facilitators should ask all participants to disclose their reporting status at the beginning of any Restorative Process.

Section 7. Education

A. Transparency and Community Accountability

The Coalition should have the responsibility of publishing a report in a student publication at the end of each academic year, with the intent of maintaining community accountability and transparency of the overall restorative justice process. This report should include, but is not limited to:

The number of Restorative Processes that successfully took place out of the total number of initiated Restorative Processes;
The broad categories or types of events that these cases encompassed, and how many;
An article from the members reflecting on the strengths and weaknesses of the Coalition’s past year.

Caution should be taken to avoid unnecessary communication of information deemed confidential by the agreement made between circle participants (see section 6A).

Section 8. Contingencies

A. Interruption of the Process

In all cases, any Primary Party retains the agency to dissolve the Restorative Process and/or choose to engage an alternative honor process. If there are more than two Primary Parties, and one or multiple decide to leave, the remaining participants may choose to complete the Restorative Process. If any other participant chooses to leave, the Restorative Process can still continue, but the Facilitators should take the utmost care to follow up with and support the leaving party when possible.

B. Incomplete Accountability Agreement and Unsatisfactory Resolutions

In the event that the Accountability Agreement is not completed within the agreed timeline, or a Primary Party wishes to readdress either the outcomes of the Accountability Agreement Agreement or the initial harm, further steps should be taken. These steps, including restarting the Restorative Process, ending the process and/or redirecting to another Reed process, shall remain up to the discretion of the original Facilitators, in conjunction with the Staff Advisor(s) and/or the Affected Party. A decision to discontinue the Process after signing the Accountability Agreement will be recorded on the Accountability Agreement.

Section 9. Pilot Provisions

A. Pilot Period

This policy should be considered to be in a pilot period for the duration of two years, beginning the semester following its passage. At the end of two years, this policy shall be submitted to the Legislation Committee for review. At this time, potential subjects for review shall include:

Payment for Coalition members;
Funding for the Coalition;
Campus space;
Number of members and capacity.

During the pilot period, the Coalition may decide by a majority vote to cap its ability to take on new cases if more than four cases become active at one time.

Supporting Documents

Supporting Document I: Restorative Justice Policy Introduction

Mission Statement

The Restorative Justice Coalition is a student-led organization seeking to transform the power dynamics perpetuated by traditional justice processes at Reed. Through the creation of safe spaces for intentional dialogue, accountability, and healing, we are working to build and sustain a community where everyone feels they have a voice.

Introduction

In 2015, a group of dedicated students, staff, and faculty began to pursue restorative justice at Reed with the intention of centering the voices of community members experiencing harm, and addressing the inadequacy of traditional justice systems to acknowledge this harm. In 2017, the Restorative Justice Coalition was founded to fill a campus need by expanding Reed’s capacity to respond to harm. From the beginning, our work has been driven by the belief that the systems currently in place fail to account for systemic inequity, and instead often perpetuate an imbalance in power dynamics. We believe restorative justice offers an alternative that is community-based and collaborative.

This policy has been written for Reed’s community as a whole and to address conflicts between any groups and individuals therein. We believe in the potential of restorative justice work to both become integrated into Reed’s current honor process, and to serve as an alternative to other disciplinary procedures. The essence of restorative justice is its voluntary nature; both parties must demonstrate a willingness and ability to participate. Grounded in intentional dialogue and the maintenance of accountability, we see restorative justice as an opportunity for members of the Reed community to approach conflict in an inclusive and cooperative way.

In addition, we want to acknowledge restorative justice’s ability to act as a counterpoint to the racism of justice systems throughout the United States, and our influences and sources draw heavily on the ideas and labor of communities of color (see Acknowledgments). Our goal is to address the imbalances inherent within these systems by bringing student-driven Restorative Processes to Reed.

Acknowledgments

We want to express our gratitude to the following people and organizations: Restorative Justice for Oakland Youth, The Skidmore Project on Restorative Justice, Dr. Mary Koss, Philly Stands Up!, and INCITE!: Women, Gender Non-Conforming, and Trans Women of Color Against Violence.

We also want to call attention to Eleanor Denegre, Frankie Breedlove, and other past and current Reed students for creating the first draft of the policy during their time at Reed.

Supporting Document II: Reed College Agreement to Dialogue

Purpose of the process: The purposes of the Restorative Process include acknowledging the harms that were created by the Responsible Party’s actions, the Responsible Party taking accountability for their actions, and exploring possibilities for addressing those harms. As a result of the dialogue, we may come to an agreement on how the Responsible Party will make amends for the harm done.

The Restorative Process is voluntary: I understand the Restorative Process is voluntary and I may choose to withdraw from the process at any time. I understand alternative judicial processes are available to me at any point in the Restorative Process, and I do not need to participate in the Restorative Process in order to pursue these options.

Outcomes: I understand that participating in a Restorative Process does not guarantee the successful completion of the process, nor does it guarantee any particular desired outcome. Furthermore, I understand Facilitators are not responsible for creating or convincing any party to agree to an Accountability Agreement. I understand Facilitators may choose to terminate a process at their own discretion.

Values of the participants: During all parts of the process, I agree to act honorably, and uphold values of respect, listening, safety, and consideration for the needs of each party. I understand we may agree to additional values at the beginning of the Restorative Conference.

Confidentiality: I agree to keep confidential all information disclosed during the Restorative Process, unless required by law or otherwise agreed upon in writing, including not discussing such information with other participants in the process outside of the process. Information disclosed refers to the content of what is said during meetings, circles, and conferences. This does not prohibit publicly sharing that I am participating in the process, reflecting on the process experience, or discussing my prior experiences that I may share or discuss during the process.

If I decide to pursue other judicial processes, either at Reed or externally, I will not use the information disclosed in this process within those cases. In addition, I will not subpoena the Facilitators to testify or produce records at any hearing. I understand there are exceptions to confidentiality, which will be enumerated at the beginning of the Restorative Conference. I understand information pertaining to this case will not be included on my disciplinary record and will not be released to third parties, except as required by subpoena or court order.

I confirm I have read, understand, and agree to the following principles as described above. I confirm I am entering into this agreement voluntarily. I agree to keep confidential all information disclosed during the Restorative Process, except as agreed upon within the process.

Participant Name: ____________________________________

Signature: __________________________________________ Date: __________________

Supporting Document III: Cases Involving Sexual Harm

Section 1. Preamble

As a Coalition, we are dedicated to supporting survivors of all types of harm, and whenever possible, providing spaces to foster radical healing and conversation. Many community members have expressed that the standing Title IX process does not adequately address the harm they have experienced, nor does it provide community accountability and healing. In light of this, in 2015 several students began working to establish an alternative to the Reed Title IX process, from which this policy owes its existence. Recalling the intentions of the original Coalition, as well as our own conviction that cases of sexual harm remain the greatest need of the Reed community that might be filled by restorative justice, we propose the following document. We do so understanding the urgency of these unmet needs and the difficulty of facilitating cases of sexual harm, and therefore we provide these guidelines as precautions for the Coalition.

Section 2. Definition of Sexual Harm

Within this document, sexual harm is defined as sexual behavior conducted without informed, affirmative consent that adversely impacts the person experiencing it. This behavior may or may not be prohibited by the Discriminatory Harassment or Sexual Misconduct Policy (DHSM) or Title IX.

Section 3. Case Screening

The contents of this supporting document are contingent on the capacity of the Restorative Justice Coalition pilot program. The program’s capacity shall be determined by a consensus of the Coalition Chairs, the Staff Advisor(s), the Dean of Sexual Assault Response and Prevention, and the staff member(s) responsible for counseling respondents in Title IX cases. This group will herein be referred to as the RJ Coalition Advisory Committee. Cases involving sexual harm shall be screened by the Advisory Committee on an individual basis until such a time as when the Committee is confident in the Coalition’s overall capacity to handle cases involving sexual harm.

The RJ Coalition Advisory Committee retains the ability to end the Restorative Process for cases involving sexual harm at any point. The Advisory Committee should work in consultation with legal counsel to determine best practices for cases involving sexual harm, and maintain regular communication with the RJ Coalition on their findings. External checks of Reed’s capacity should be requested by the Staff Advisor(s), to be performed by the Oregon Sexual Assault Task Force, at the following times:

Before holding the first Restorative Conference or Circle for a case involving sexual harm;
Before formalizing the Coalition’s capacity to hold Restorative Conferences or Circles for cases involving sexual harm.

Section 4. Types of Cases

A. Circles with One Primary Party

Restorative Circles with one Primary Party participating may occur in conjunction with a Title IX case at any stage of the process. This Circle addresses conflict without bringing the Affected and Responsible Parties into dialogue with each other, and may address community harm, Affected Party support, and/or Responsible Party accountability.

B. Conferences with Both Primary Parties

If completed, Restorative Conferences involving both Primary Parties are a formal alternative to bringing a complaint to the Title IX board. It should be noted that as with all Restorative Processes, completion of a Restorative Conference does not disqualify the Affected Party from pursuing a Title IX case. Only the Affected Party may request a Restorative Conference involving both Primary Parties. The process shall only proceed if the Advisory Committee is confident that the request by the Affected Party is authentically their own, and not being pressured by someone else. Restorative Conferences involving both Primary Parties include extensive pre-meetings, and culminate in at least one circle with all parties present in dialogue with each other. In deciding whether or not to pursue a Restorative Conference, it should be considered that cases of stalking or abuse in ongoing relationships require the utmost care and shall only be pursued if the Advisory Committee unanimously agrees it is in the best interest of the Affected Party.

C. Guidelines for Conferences

In proceeding with either a Restorative Circle or Conference, the following guidelines shall be observed:

Only the most experienced within the Coalition should facilitate a case involving sexual harm.
Facilitators should meet with the Dean of Sexual Assault Prevention and Response before and after pre-meetings, as well as before and after any formal processes that take place, in the Dean’s capacity as a supportive and educational resource.

Section 5. Sexual Harm Response Chair

A. Establishing a Sexual Harm Response Chair

The position of Sexual Harm Response Chair shall be established to develop the Coalition’s capacity to facilitate Restorative Processes in cases of sexual harm. The Sexual Harm Response Chair should be selected from the pool of previously trained Facilitators during the pilot program’s second year, and undergo additional training as determined by the Staff Advisor(s), Title IX Coordinator, and Dean of Sexual Assault Prevention and Response. The responsibilities of the Sexual Harm Response Chair include:

Connecting survivors with Sexual Assault Prevention and Response (SAPR) advocates;
Coordinating the involvement of SAPR advocates within the Restorative Process;
Acting as a point of contact between the office of Sexual Assault Prevention and Response and the RJ Coalition;
Consulting with the other Chair(s) on new cases involving sexual harm;
Advising Coalition members on facilitating cases involving sexual harm.

(Page last modified: June 28, 2019)