Restorative Justice and Sexual Misconduct on College Campuses

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Title IX Considerations: Restorative Justice and Sexual Misconduct on Campuses

Overview of Title IX

https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

https://sites.ed.gov/titleix/policy/

The US Department of Education Website provides a brief description of what Title IX is. They also provide further guidance and information on how to implement Title IX in schools. 

https://www.justice.gov/sites/default/files/crt/legacy/2012/06/20/titleixreport.pdf

Published in 2012 by the Department of Justice, this source explains the general history and purpose of Title IX. 

 

Administration Guidance

Dear Colleague Letter (Obama Administration)

https://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201104.html

Written during the Obama administration and later rescinded, this letter provided guidance on title 9 as it relates to sexual assault and harassment. This letter remains rescinded and is only available for historical purposes. 

The Final Rule (Trump Administration)

https://www.federalregister.gov/documents/2020/05/19/2020-10512/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal

Released during the Trump administration under secretary Betsy DeVos, this article is regulation for any place receiving Title IX funding must follow regarding sexual assault and misconduct.

Executive Order (Biden Administration)

President Biden is showing efforts to make changes to Title IX including signing an executive order reviewing The Final Rule that President Trump created. The executive order is below and no formal changes have been made yet, but are anticipated. 

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/

 

Publications: Restorative Justice and Sexual Misconduct on Campuses

Campus PRISM report

Written by David R. Karp, Julie Shackford-Bradley, Robin J. Wilson, and Kaaren M. Williamsen, this report highlights campus PRISM, a restorative response, reintegration and the next steps. 

https://drive.google.com/file/d/1ueXuikUN0A7oHvo2p9BoJiUSPo8hhA9C/view?ts=60312065

Developing and implementing a treatment intervention for college students found responsible for sexual misconduct

This publication by Raina Lamade, Elise Lopez, Mary Koss, Robert Prentky, and Alexandra Brereton highlights exactly how a college is to implement a restorative practice for sexual misconduct. It highlights factors to consider, possible barriers, and potential risk factors.

https://www.emerald.com/insight/content/doi/10.1108/JACPR-06-2017-0301/full/html

Campus Sexual Misconduct: Restorative Justice Approaches to Enhance Compliance With Title IX Guidance

This piece by Mary Koss, Jay Wilgus, and Kaaren Williamsen discusses how the dear colleague letter, title IX, and the violence against women act all come together to enhance student conduct and disciplinary procedures surrounding sexual assault.

https://journals-sagepub-com.libpdb.d.umn.edu:2443/doi/pdf/10.1177/1524838014521500

 

Restorative Justice Approaches to the Informal Resolution of Student Sexual Misconduct

Written by Madison Orcutt, Patricia Petrowski, David Karp, and Jordan Draper, this article highlights what restorative justice is, limitations, legal considerations, case studies, and the effectiveness of restorative justice. 

RESTORATIVE JUSTICE APPROACHES TO THE INFORMAL RESOLUTION OF STUDENT SEXUAL MISCONDUCT -- POSTED (rev 6-10-20) (rutgers.edu)

Distinguishing Campus Restorative Justice from Mediation

This quick read by the Campus PRISM at the University of San Diego highlights the differences between mediation and restorative justice, two often confused pathways. 

Campus PRISM Project Briefing Paper: Distinguishing Campus Restorative Justice from Mediation. August 2016.

Podcasts: Restorative Justice and Sexual Misconduct on Campuses

A Survivor and Her Perpetrator Find Justice

This is a podcast detailing the restorative justice journey two college students took after a sexual assault. They discuss what happened, what the process of restorative justice looked like for them, and how it changed their lives.

https://www.reckonings.show/episodes/21

A Quest for Justice

Mary Koss discusses sexual assault on college campuses at the time of the creation of the podcast. She notes how college sexual assault is usually handled and what the outcomes typically are for survivors. 

https://podcasts.apple.com/us/podcast/quest-for-justice-stories-from-sexual-harassments-front/id962925354?i=1000398529382

Seminars and Videos: Restorative Justice and Sexual Misconduct on Campuses

Colleges, Restorative Justice, and Title IX

 “Colleges, Restorative Justice, and Title IX.”  February 2018, (1 hour 30 minutes)

Guests: David Karp, Kaaren Williamsen, Mary Koss, and Jasmyn Story

A PowerPoint seminar promoting the use of restorative practices for sexual assault on college campuses. Featuring David Karp, Mary Koss, Kaaren Williamson, and Jasmyn Story who are all restorative justice facilitators and educators. It discusses CAMPUS PRISM, safety, satisfaction, and outcomes.

Restorative Responses to Sexual Assault on College Campuses

https://www.youtube.com/watch?v=bE0odfzejhY June 2016, (1 hour 30 minutes)

Guests: David R. Karp and Kaaren M. Williamsen Host: Howard Zehr

Discussion of restorative justice possibilities, procedural considerations, and outcomes of college campus restorative justice for sexual harm.

Informal Resolution & Restorative Practices Under New Title IX Regulations

UVM Streaming October 2020, (50 minutes)

Guests: Carrie Landrum, Chelsea Jacoby and Megan Farrell

This webinar encompasses a discussion of what restorative justice is, case study examples, and addresses frequently asked questions. (50 minutes)

Implementing Restorative Justice For Campus Sexual Harm

Implementing Restorative Justice for Campus Sexual Harm (4-part series) - Zoom, Passcode: USDRJ20! (1 hour 25 minutes)

Guests: David Karp, Carrie Landrum, Toni McMurphy and Chelsea Jacoby

This 4-part series discusses common contract items when restorative justice is used for campus sexual misconduct and highlights the impact of a restorative process on the harming person and harmed person. 

Media and News: Restorative Justice and Sexual Misconduct on Campuses

News outlets are beginning to take note of the positive role that rj can have in cases of sexual assault on college campuses. Below are various articles that begin to cover that postive role.

After Assault, Some Campuses Focus On Healing Over Punishment by Tovia Smith

https://www.npr.org/2017/07/25/539334346/restorative-justice-an-alternative-to-the-process-campuses-use-for-sexual-assaul

The Time Is Now: Restorative Justice for Sexual Misconduct by Mary Koss and Kate Chisolm

The Time Is Now: Restorative Justice for Sexual Misconduct (chronicle.com)

What's next for #MeToo? This college might have the answer by Anna North reporting on The College of New Jersey

#MeToo movement’s next step? Colleges’ approach to sexual assault - Vox

Examples of Implementation: Restorative Justice and Sexual Misconduct on College Campuses