Restorative Discipline in Universities
In fall 2005, Fresno Pacific University implemented a restorative discipline policy to respond to conflict and rule infractions involving students. Built on the principles of restorative justice, the process seeks to provide fair, just and holistic responses to these infractions. The process consists of four stages of increasing levels of formality.
The first stage calls for direct, informal communication between students committing minor violations of school policy and the observers or others affected by the behaviour. Through encounters initiated by the persons affected by the infraction, the parties are invited into cooperative discussion to:
- Recognize the experience and impact of harmful behaviour
- Repair harm as much as possible
- Create agreements/plans for modifying behaviour, preventing recurrences and creating a more peaceful future
This process can be undertaken by the individual students on their own or with mediators provided by the Office of Student Life or the Center for Peacemaking and Conflict Studies (CPACS).
If the parties involved are unable to come to an agreement, a report is filed with Student Life and the second stage of the process begins. Accused students, "with few exceptions based on the seriousness of the behaviour or criminal violations“, receive an orientation in the community justice conference process. They are then given the opportunity to decide whether or not to participate in the process.
If they agree to do so, the community justice conferences are coordinated by CPACS. Conference facilitators include CPACS graduate students, graduates, or staff depending on the nature of the offence. The conferences bring together:
- Accused students and 2 or 3 support people
- Student mentors
- Observers and those impacted by the violation
- Staff members from Student Life
- Others deemed helpful
- Facilitators
The objectives of the community justice conferences are the same three as those of the informal encounters of the first stage. The conferences also schedule follow-up meetings to celebrate fulfilment of agreements or renegotiate problematic areas of agreements.
If the matters cannot be resolved by community justice conferences, they move into the third stage, which involves the Student Judicial Board. This happens if the accused students deny guilt, are unwilling to participate in or uncooperative in the community justice conferences, or if the conferences are unable to resolve the matter. The Student Judicial Board serves as a fact-finding body to determine guilt. If students are found guilty, they are given an opportunity to return to a community justice conference to attempt to resolve the matter. If they refuse to use the cooperative process, the Student Judicial Board develops restorative plans for the offenders. The aim of the plans is to recognize the harm done, repair harm, and prevent future instances of offending. Plan are evaluated by whether they are reasonable, respectful, intended to restore, and intended to reintegrate. This process must commence within ten days after students are referred from community justice conferences.
If students are not satisfied with the decisions of the Student Judicial Board, they have the option of a one-time (per offence) appeal to the Dean of Students. This is the fourth and final stage of the restorative discipline process. The request must be submitted within three days from receiving the decision from the Student Judicial Board. The Dean of Students evaluates appeals using information gathered by the Student Judicial Board and any newly developed sources of information. If the Dean decides that the accused students are indeed guilty of the infraction, they are again given the option of returning to a community justice conference. If they refuse this option, the Dean may ask the Student Judicial Board to reconsider certain portions of its plan.
A committee of students, faculty, and staff developed the four-stage restorative discipline process, in cooperation with CPACS staff, during the 2003-04 academic year. The goals for this process are to:
- Enhance the academic purpose and atmosphere of the campus
- Encourage student maturity by providing student with the opportunity to learn from their mistakes
- Provide opportunity for reconciliation of those who have been injured or estranged, enabling the restoration of individuals to their places in the community
- Encourage student responsibility by holding them accountable for their own actions including making restitution for damages
- Enhance the atmosphere of safety and well being on campus.
For further information, contact Ron Claassen, director of CPACS, at rlclaass@fresno.edu.
Lynette Parker
December 2005
