When Restorative Justice Fails to Restore: Empowering Youth to Resolve Conflict and Nurture Peaceful Relationships

• In Event: Accepting Our Responsibilities as Educators, Scholars, and Innovators: Reclaiming Educational Equity Efforts in a Color-Evasive World

Abstract

A derivative of indigenous traditional practices employed in cultures throughout the world (i.e., Eagle, 2001; Mirsky, 2004, Workman, 2018), Restorative Justice (RJ) is one educational innovation that is introduced into communities of color as a “novel” counter approach to traditional punitive control over “disruptive” student behavior. Beginning in juvenile justice systems, RJ crossed into K-12 schools in the late 1990s as one outgrowth of the Zero Tolerance movement that emerged as a result of the Gun-Free Schools Act (GFSA; 20 U.S.C. §§ 8921-23, 1994) which tied federal funding to school-based policies on drug and weapon possessions with student expulsions. Implemented properly, RJ can reduce violence and other socially undesirable behaviors by establishing a safe community where voices are heard, trust is built, and relationships are restored. However, RJ that is forced on students and educators can result in participants only “playing the part” and leave them feeling disconnected and traumatized. This fractures the relationship-oriented building blocks that RJ practices are intended to rebuild.

Vaandering (2010) asserts that RJ as indigenous practice examines justice from a relationship-based perspective; on the contrary, as it has been adopted or co-opted in public schools, RJ is viewed in the context of “managing” student behavior. This presentation will explore experiences with RJ that is often misunderstood and misguided, leading to a perverted intervention that causes more harm due to improper motivation, training, and implementation (e.g., Fronius, Persson, Guckenburg, Hurley, & Petrosino, 2016). Particularly relevant in under-resourced communities of color, where racist and discriminatory acts toward students at the hands of educators is often left out of the discourse on restoration of harm, the process of forgiveness is stunted. In fact, cultural appropriation and misappropriation are rarely factored, resulting in the oppressed continuing to carry the burden of being mislabeled as transgressors. Furthermore, when RJ implementation in schools is not looked at from a critical perspective, it results in an overall failure to examine the learning environment itself as a possible contributing factor in issues related to student learning and behavior (Vaandering, 2010).

In an effort to move forward, reclaim, and support RJ, this presentation will pay homage to the foundation and guiding principles of restorative practice, rooted in sacred indigenous ritual as a first step toward repairing the harm. Through the use of personal and anecdotal narratives of students who are currently in the school-to-prison pipeline and teachers who have experienced both positive and negative impacts of RJ in schools, this presentation will explore a revisionist approach that asks readers to consider engaging and empowering youth as the first step toward successful integration and implementation. The presenters will highlight examples of programs and grassroots initiatives in peace and conflict studies that address social emotional needs and conflict resolution, including The Peace Exchange in Chicago (TPE). TPE is an innovative approach that includes RJ and peace education facilitated in schools and jail. Anecdotal data of RJ success and barriers in schools will also be shared, including recommendations for authentic RJ implementation in schools and communities.
 

Authors

• April L Mustian, Winthrop University

• Henry Cervantes, Holy Family Ministries

• Robert E. Lee, University of Central Missouri