Needing More to Restore: A Case Study on Utilizing a Restorative Justice Curriculum to Address Campus Sexual Misconduct Cases in U.S. Higher Education

Abstract

This qualitative case study explored how an existing restorative justice (RJ) curriculum designed for student affairs practitioners in higher education can be expanded to promote an alternative approach to retributive justice in campus sexual misconduct (CSM) cases at postsecondary institutions in the United States. Restorative justice is a victim-centered and community-based approach to repairing harm, rebuilding trust, and restoring relationships. Although RJ has been used by colleges and universities for student misconduct, applications of RJ for addressing CSM remains elusive.

Three research questions guided this study: (a) How do RJ practitioners perceive the benefits and limitations of using RJ in CSM cases in contrast to the current system of retributive justice in CSM cases? (b) What aspects of the curriculum do practitioners endorse as essential for the implementation of RJ in CSM cases? and (c) What aspects of the RJ curriculum need further development for application to CSM cases? Data collection included documents, interviews, and observations for triangulation. Data analysis was conducted using first- and second-cycling coding and NVivo for thematic analysis.

Findings suggest RJ practitioners need specialized training in (a) sexual violence, (b) trauma-informed practices, and (c) diversity, equity, inclusion, and antiracism. Furthermore, colleges and university leaders need to engage in campus capacity-building and develop fully restorative campuses for RJ to be successful in CSM cases. Recommendations for practice include intensive training in using RJ for CSM, including opportunities for apprenticeships, observations, and ongoing feedback by advanced practitioners.