FLORIDA SCHOOL HEALTH ASSOCIATION CONFERENCE SAFE SCHOOLS AND RESTORATIVE JUSTICE DR. SANDRA PAVELKA M A Y 1 3, 2 0 1 5 O R L A N D O, F L
RESTORATIVE JUSTICE Crime is more than lawbreaking it is an act that harms individuals and communities. Justice requires repair healing 2
RESTORATIVE JUSTICE PRINCIPLES Victim, Offender and Community Justice system partners Provided maximum opportunity for input and participation in the justice process - determining how to repair the harm 3
Sense of Community People who share a strong sense of community are far less likely to violate the trust of other community members. Preventive and corrective measures should, therefore, result in citizens gaining a stronger sense of being connected to the community.community empowerment Therefore Involve stakeholders (victim, offender, community)/collective responsibility Change roles Make decisions at community-level/social justice/ Local design 4
A View from the Principal As we move into the second half of the school year, I wanted to take this opportunity to thank all of our students for the wonderful work they are doing each and every day. Through the use of Restorative Justice, we have reduced the number of out of school suspensions by 79%. That is huge and means that students are spending more time in class and less time missing instruction. Parents, with your help, we hope to continue to work together to help our students make better choices in the future so that they can find continued success. We are all in this together, Dr. Lohmeyer http://alcc.leeschools.net/pdf/third%20quarter%20newsletter.pdf
Guiding Questions Who was harmed? Who was the offender? What are the needs and responsibilities of those affected? Whose obligations are these? What is the appropriate process to involve stakeholders in an effort to make things right? 6
PRACTICES IN RESTORATIVE JUSTICE Victim-Offender Mediation Face-to-face meeting between the victim of a crime and the offender Monitored by a trained mediator who has met with both participants beforehand Accused tentatively agrees to admit his guilt The victim and the offender are usually the only discussants One supporter for each may be provided if desired by the parties In the United States some judges have ordered mandatory mediation 7
PRACTICES IN RESTORATIVE JUSTICE (CONT.) Family Group Conferencing The use of family group conference most often appears in the juvenile justice system and is part of statutory schemes. Originated in New Zealand, institutionalized in 1989, expanded to Australia in 1991. Goals include: To help people see others as complex, not just offenders or victims To clarify the facts of what happened To explain the effects of what happened To determine measures whereby the offender makes amends To determine other penalties where needed 8
PRACTICES IN RESTORATIVE JUSTICE (CONT.) Circle Sentencing Address a crime or a social violation through community discussions Involve a wide range of representatives from the community Some circles are conducted with spiritual rituals. Discussions taking place under a series of rules to promote participation from all members of the circle Ensuring that communication is respectful and dignified. Circles may be renewed over time to modify goals and to adjust to new circumstances. 9
PRACTICES IN RESTORATIVE JUSTICE (CONT.) Neighborhood Accountability Board/ Reparative Board Offender who committed the crime First time offender with no previous criminal record. F M M M M M Victim of the harm Participation through a victim impact statement. O P/G O O P/G V PG V V P/G Community Community resident(s) that are affected by the crime.
VALUES OF RESTORATIVE PROCESS Mutual concern and respect Consensual decision-making Appreciation of differences Voluntary direct participation Interconnectedness Focus on interests and meaning Shared responsibility Personal accountability Equal opportunity Personal and community values Holistic approach Flexibility
VALUES OF RESTORATIVE PROCESS Promote character development Increase students connections Build classroom community Improve relationships Resolve conflict efficiently Build consensus Word through differences, difficult issues, painful experiences Plan for future Achieve mutual understanding Ritualize or symbolize connections, transitions, change Other applications
ROLE OF CIRCLE KEEPER/FACILITATOR Responsible for setting tone Guide/Facilitate the process Create a supportive climate based on openness, hope respect that honors all participants Offer questions to focus the discussion Summarize dialogue/agreement Reflect common ground/progress
PLANNING AND PREPARATION Schedule participants Process Welcome and introductions Opening and orientation Narratives/dialogue Exploring options Creating agreements Follow-up Closing/statement
TALKING PIECE Helps to manage discussion Creates space for contributions of quiet people Spreads responsibility to all participants Promotes better listening Encourages the use of silence Reinforces the principles of respect and equality
SCHOOL-BASED RESTORATIVE JUSTICE MODELS Structure Application Preparation/ Time Commitment Outcome Peer Mediation Small, informal group of affected parties with trained facilitator Healing Dialogue Minimal Informal resolution Peer/ Accountability Boards Trained facilitator with 5-6 board members and wrongdoer/ referred party Consensual approval of case plan Moderate Signed agreement by all participants Conferencing Trained facilitator with 5-10 affected parties Healing dialogue and consensual approval of case plan Moderate Signed agreement by all participants Circles Trained facilitator with greater than 10 affected parties and community members Healing dialogue Minimal to Significant Verbal agreement by all participants Pavelka, S., Practices and Policies for Implementing Restorative Justice within Schools, The Prevention Researcher, 20(1), 2013.
THANK YOU!!! SANDRA PAVELKA, PH.D. DIRECTOR, INSTITUTE FOR YOUTH AND JUSTICE STUDIES FLORIDA GULF COAST UNIVERSITY 10501 FGCU BLVD. SOUTH FT. MYERS, FL 33965-6565 239.590.7835 SPAVELKA@FGCU.EDU