Restorative Conferencing Resources

Restorative Conferencing

Resources

Training in partnership with San Diego Unified School District

(SDUSD) and the National Conflict Resolution Center (NCRC)

Resources and facilitation by

Justine Darling

January 27, 2015 Restorative Conferencing Resources Page 1 of 25

Restorative Justice Conferencing

January 27th from 8am-3pm

8 -8:10am Welcome and breakfast

8:10-8:30am Introductions

8:30-9am Foundations of Restorative Justice

9-9:30am Restorative Conferencing process start to finish

9:30am-10am Mapping Exercise: Participation in the Restorative Conference

10-10:10 Break

10:10-10:40am Introduction to Pre-Conference Interview

10:40-11:40am Exercise: Role play Pre-conference

11:40-12pm Debrief Pre-Conferences

12-1pm Lunch

1-1:30pm Introduction to Restorative Conference Script

1:30 – 2:30pm Exercise: Role Play Restorative Conference (in groups from schools)

Debrief from Conference Role Play

2:30-3pm Debrief, discuss monthly gatherings and share resources


Restorative Practices in San Diego Unified School District The San Diego Unified School District is partnering with the National Conflict Resolution Center

to provide restorative tools and support to schools. The purpose of restorative practices is to further

cultivate community on campuses with a focus on building strong relationships. Restorative Practices hold

students accountable for their actions while giving them a high level of support to create a

campus culture of learning and safety for all school community members.

Restorative Principles:

• Building strong RELATIONSHIPS • Safe and supportive campus environment• Opportunity for empathic dialogue• Taking responsibility for actions• Inclusion of all school community members• Consensus based decision making• Focus on harms, needs, obligations, and causes• Expand capacity of school community to create a just and fair response

Scope of the situation in San Diego Unified School District– SDUSD 2012/2013 Suspensions and expulsions compared to enrollment

RP Questions for Student Responsible:

What happened? What were you thinking about at the time? Who was affected by what you did? What was the impact of your actions? What needs to happen to make things right?

RP Questions for Impacted Community Member:

What happened?What were your thoughts at the time and since?How has this affected you and others?What has been the hardest part for you?What do you think needs to happen next?

%

70

60

50

40

30

20

10

Hispanic African American White Other

46.5%

59.8%

10.2%

20.1%24.6%

23.2%

11.2% 11.4%

20.1%

8.9% 9.2%

Enrollment

Suspension

Expulsion

54.8%

Serious Behavior Incidents at Sample High School– After 1 year of whole school Tier 1 restorative training/interventions

50

40

30

20

10

Assault on Student Assault on Teacher/Admin. Disorderly Conduct TypE Of InCIDEnT

46

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6

43

12

2006 - 2007

2007 - 2008nUMBER OfInCIDEnTS

Full Report available at: http://tinyurl.com/noe5hpq

Restorative Overview


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LOW HIGHSupport (encouragement, nurture)

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Figure 1. Social Discipline Window

“The premise of restorative practices is that people

are happier, more cooperative and productive, and

more likely to make positive changes when those

in authority do things ‘with’ them, rather than

‘to’ them or ‘for’ them.”

– International Institute for Restorative Practices

TieR 1 uses restorative conversations and class-

room circles to build strong relationships, create

shared values and guidelines for classroom behav-

ior, and promote a sense of belonging in the school

community and ownership over individual actions.

The goal of these communication tools is to build

an intentional, equitable, and safe classroom

environment for teachers and students that is

conducive to learning.

TieR 2 uses restorative processes such as harm

circles, mediation, and restorative conferencing

to respond to disciplinary issues such as assault,

drug use, disorderly conduct, truancy, etc. These

processes bring those affected by harm together

to address the root causes of the incident, support

accountability for the student responsible, and

promote healing for impacted community members

such as teachers, other students, staff, administra-

tors, and school police. All parties develop an

accountability plan for the student to support them

in making better decisions and not re-offend.

TieR 3 supports the successful re-entry of students

following suspensions, truancy, expulsion, or incarcer-

ation. The goal is to welcome students back to school

in a way that provides wrap-around support and

promotes student accountability and achievement.

re-enTry5%

resToraTive JusTicediscipline 15%

resToraTive pracTices, communiTy building100% sTudenT populaTion

Tier 3intensive wrap around support

Tier 2restorative response

to harm/conflict

Tier 1relationships

social emotional skills & practice

Tiers of School Based Restorative Justice3

National Conflict Resolution Center 4305 University Avenue. Suite 110, San Diego, CA 92105, (619) 593-4530Corporate Office: 625 Broadway, San Diego, CA 92101 (619) 238-2400, www.ncrconline.com/

NCRC-009_ROV.01_01.12


Tier 1 – Classroom Conversation*

Teacher is teaching class when student throws a paper ball across the room at another student. Teacher stops class and asks student to throw away the paper ball. Student leans back in seat and refuses. Teacher instructs the rest of the class to work on a brief activity related to the lesson in order to have a moment to check-in with Student. Teacher walks over to Student.

Teacher kneels down by Student and quietly asks, “I want to check-in with you. Are you ready to talk with me about what happened?”

Student sees the Teacher is being patient and inviting. Student thinks for a moment and then says, “Yes.”

Teacher uses a calm voice to explain experience of what happened, “When I was teaching just now and saw you throw a paper ball across the room, I was distracted and a bit surprised. This is important to me because I am teaching a new lesson for an upcoming test and want you and other students to be successful. I need to understand what happened just now, can you help me understand?”

Student sits with arms crossed, looks down, and thinks for a moment. Then, responds. “ Taamela gets on my nerves and I’m tired of her.”

Teacher summarizes, “So you are frustrated with Tameela and decided to throw a paper ball at her during class. Do I understand correctly?”

Student confirms, “Yes.”

Teacher asks, “What were you hoping to accomplish by throwing the paper ball?”

Student pauses, thinking again. “I want her to know that I am upset with her and that the way she keeps treating me is not okay.”

Teacher replies, “It sounds like there is a serious situation going on between both of you and you want her to understand your side.”

Student nods head in agreement.

Teacher clarifies, “You are not in trouble, I meant it when I said I want to understand what is going on for you. You have been really helpful. Now I know there is something going on between you and Tameela that is distracting you during class. Your choice to throw the paper ball ended up distracting the class from learning. It does not sound like you accomplished what you meant to accomplish. What do you think needs to happen to repair this situation?

Feeling heard, Student is able to realize Teacher’s point. Student responds, “I should apologize. I’m sorry for interrupting you and the class. I will try to stay focused.”

Teacher guides Student towards solutions, “What do you think needs to happen to make things right with Tameela?”

Student pauses and thinks, then replies, “Could you help me talk with her?”

Teacher responds, “That sounds like a good idea to me. You can meet with me during lunch in my room and we can talk together about what is happening. In the meantime, it sounds like your agreement is to focus on class. I appreciate your apology. Would you be willing to pick up the paper ball now?”

Student nods, walks over and picks up the paper ball and returns to seat. Class continues.

Teacher Student

Teacher asks, “How do you think throwing the paper ball across the room impacted other people?”

Student puts hands into pockets and responds, “It distracted you, like you said. It probably distracted other people too. I wasn’t paying attention to the lesson and now I’m in trouble.”

* Classroom Conversation scenario created by Oakland Unified School District

Restorative Scenarios


Two students, Sammy and Angelo, from a local

SDUSD high school were arrested for a fight that

happened on their campus. The assault was con-

sidered mutual combat because it was unclear

which student started the fight and they were both

physically hurt. Leading up to the fight, Sammy had

been bullied for months by a group of male stu-

dents that included Angelo, although Angelo was

not the main bully. Sammy was getting fed up with

the bullying and on this particular day, started talk-

ing back to the main bully. Angelo felt peer pres-

sure to stick up for his friend and intervened. This

started a physical altercation between Sammy and

Angelo. By the time school police could break up

the fight, both boys were bloody and bruised. Both

boys were suspended and put on probation.

A restorative conference was convened a couple

months following the incident. All parties were

individually prepared for the meeting ahead of

time and participants included Angelo and his

parents, Angelo’s uncle, Sammy and his parents,

Sammy’s best friend, a teacher, an anti-bullying

service provider, and a community mentor for each

student. Both students took responsibility for their

actions, community members shared the impact of

the incident, and a restorative plan was put in place

for each student. The most profound impact was

regarding the reaction of Sammy’s younger siblings

when he came home bloody the day of the fight.

They were extremely fearful and ran around the

house closing windows and locking doors, thinking

someone would come and hurt them too.

1. Opening: Inspiring or notable quote or lyrics

2. Introduction of talking piece: Explain to group

that the talking piece is a symbol for those who

don’t have the talking piece to actively listen

to the person who does. Teacher chooses talking

piece and explains significance (Comfort object

like stress ball, squishy ball, stuffed animal).

3. Setting guidelines and values: Have each

student read and explain a guideline. Go around

the circle until all guidelines have been discussed.

Guidelines: Respect the talking piece, Speak with

respect, Listen with respect, Speak from your

heart, Listen with your heart, Honor Privacy,

Remain in the circle. Write 3 values on one side

of a paper plate and then choose 1 to share with

group (put paper plates up in room after circle).

4. Check in: Rate from 1-10, how you feel today

and explain why.

5. Discussion Questions: Share a time you felt

connected on campus. Share a time you have

not felt connected on campus. What can we do

to support each other?

6. Check out: End with a poem, quote, song,

inspirational story connected to the topic.

Tier 1 – Community Building Classroom CircleThis type of circle allows students and teachers to share positive and challenging personal stories about their

school experience, which helps build empathy and stronger relationships. Based on stories shared, students

and teachers can support each other and there is a natural desire to create more instances where everyone is

feeling connected.

Tier 2 – Restorative Conference

Sammy’S aCTIOn plan:

For person Harmed: Apology to Angelo and

his family, explanation of his actions, answered

their questions

For School Community: Presentation to 35

teachers about his experience and how to

recognize bullying and help students

For Family: Community service with dad

at local church

For Self: He transferred schools and was still

being bullied, but his response to bullying was

different based on counseling services he

received and his mentors support.

Tier 3 – Restorative Welcome and Re-Entry CircleCedric, a student from Bunche High School in the Oakland Unified School District was incarcerated and a

re-entry circle was held upon his return to school. The goal was to welcome and assist him in re-entering

school in a healthy and positive way. Parents, mentors, teachers, other students and administrators partici-

pated in the circle to provide support and create a comprehensive plan for Cedric.

See full video here: http://tinyurl.com/ng42a2d

National Conflict Resolution Center 4305 University Avenue. Suite 110, San Diego, CA 92105, (619) 593-4530Corporate Office: 625 Broadway, San Diego, CA 92101 (619) 238-2400, www.ncrconline.com/

NCRC-009_RSV.01_01.12


Restorative Pre-conference Script Person Responsible

Introductions and break the ice: Ask about something other than the incident to build relationship beyond the offense Purpose of the conference and potential benefits of the RJ process

A time of non-judgment and reflection

Tell people what happened and what led up to it – take responsibility

Hear how your actions affected others

Opportunity to make it right

Build relationships that have been broken down

Get support for the future and be a part of a group of people who care about you Describe the conference process in chronological order

1. Facilitator leads introductions and ground rules 2. Person responsible explains what happened regarding the incident and takes responsibility 3. Impacted parties ask clarifying questions to person responsible and share the impact of the incident 4. Person responsible comments on what impacted parties shared- deeper reflection and apology 5. All parties brainstorm a restorative plan to make it as right as possible 6. Write up and sign agreement and break bread together- fill out evaluation

Describe the facilitator’s role and reassure person responsible that the pre-conference is confidential: Facilitator is impartial, there to create safe space for everyone, support open dialogue and ideas for moving forward in a positive way Listen to the person responsible’s account of the incident

Phase One: What lead up to the event? Phase Two: How did the event take place? Phase Three: What has happened subsequent to the event? Consequences?

Explore potential impact of the person responsible’s actions Who are the impacted parties? What good could come from meeting with impacted parties? How could meeting with you affect impacted parties? After time to reflect on what happened, how do you feel? Are you sorry? * Go over potential questions the impacted parties may ask of him/her Review powerful and appropriate delivery of apology

Apologize after impacted parties have shared impact of incident

Explain why you are sorry and give details and reflection on what you have learned Discuss Reparation and Restitution How would you like to repair the harm? What are you already doing? What else can be done? What are some of your passions and gifts that you can contribute to the community? Discuss the importance of Support persons Who would you like to have as support at the conference? Who knows you well and would make you feel more comfortable at the conference? Explain the Ground Rules and show the Restorative Conference Agreement Form to get them familiar Find possible dates and times the person responsible is available to meet for the conference

Be on time and wear appropriate attire- nice and respectful Thank the person responsible for his/her time and acknowledge his/her courage for participating


Open-ended questions Pre-conference with Student Responsible

What happened? 1) What happened just before the incident? 2) What did you do? What part did you play in the incident? 3) Who else was involved? What did they do? 4) What happened after the offense? 5) What did you get out of it? 6) What were you thinking of at that time?

a. What do you think about it now? What were the consequences for you?

1) How have you been affected since the incident took place? a. Who do you think was affected by what you did? b. How do you think they were affected?

2) What did it feel like getting in trouble for the incident? 3) How did it feel to know you would have to face the person harmed? 4) How has it affected things in your home? 5) How did your parents or caregivers react? 6) How has it affected things at school? 7) How do others who know about it treat you- friends, neighbors, teachers, other relatives?

What were the consequences for the person harmed?

1) What did they lose in property – what was stolen or what was damaged? 2) How were they physically hurt or injured? 3) How did the incident affect their feelings or the way they think? 4) How do you think their family & friends feel about it? 5) What do you think was the hardest thing for the person harmed?

What can you do to make things better?

1) What could you do if the person harmed property was stolen or damaged? 2) What could you do if the person harmed was physically hurt? 3) What would you do if the person harmed does not feel safe? 4) What needs to be done to make sure you do not do this again?

a. What caused you to commit this offence? How do you feel about talking with the victim at the conference?

1) What good things could come out of meeting with the person harmed for you? 2) What good things could come out of meeting with you for the person harmed? 3) What could stop these good things from happening at the conference?

a. Your feelings, attitudes or actions? b. The person harmed feelings, attitudes, or actions? c. Anything else?

How will you respond if… the person harmed gets angry? Cries? gets upset? Forgives you? Student Responsible guardian questions:

1) What did you think and feel when you found out what happened? 2) What was the worst part about what happened? 3) What do you think the student responsible should do to make amends to the person harmed?


Restorative Pre-conference Script

Impacted Party

Introductions and break the ice: Ask about something other than the incident to build relationship beyond the offense Explain the Purpose of the conference and Potential Benefits of the RJ process

To hear what happened, why it happened to you, and what led up to it

Express how the Person Responsible actions affected you

Give your requests as to how to make the wrong as right as possible

Build relationships that have been broken down- potentially start the process of closure

Describe the conference process in chronological order 1. Facilitator leads introductions and ground rules 2. Person responsible explains what happened regarding the incident and takes responsibility

3. Impacted parties ask clarifying questions to person responsible and share the impact of the incident

4. Person responsible comments on what impacted parties shared- deeper reflection and apology

5. All parties brainstorm a restorative plan to make it as right as possible

6. Write up and sign agreement and break bread together- fill out evaluation

Describe the facilitator’s role and reassure impacted party(s) that the pre-conference is confidential: Facilitator is

impartial, there to create safe space for everyone, support open dialogue and ideas for moving forward in a positive way

Listen to the impacted party(s) account of the incident

Phase One: What happened at the time of the offence? Your reaction? Phase Two: What was the impact at the time of the event? Phase Three: What has happened since the event? Long term Impact? *What do you hope to achieve by coming to the conference?

Discuss reparation and restitution What would be necessary to repair the harm? What can the person responsible do to make things better? Could they do something about the problems in their life that caused the offence? Could they reassure you it will never happen again? Ask if the impacted party(s) is willing to meet the person responsible

If not, mention other options to participate such as being present via a letter, phone call, or having someone else represent their perspective

Is there anything the impacted party does not want to share with the person responsible?

As facilitator, you will not share any information with the person responsible that the impacted party has shared

during the pre-conference, but you may prompt them during the conference if they forget something they

wanted to share.

Discuss the importance of Support persons: Who would you like to have as support at the conference? Who knows you

well and would make you feel more comfortable at the conference?

Explain the ground rules and show the Restorative Conference Agreement Form to get them familiar Find possible dates and times the impacted party is available to meet for the conference

Thank the person impacted for his/her time and acknowledge his/her courage for participating


Open-ended Questions Pre-conference with Person Impacted

How can things get better?

1) What can the student do to make things better for you? 2) What do you think needs to happen to make things right? 3) What could be done if your property was stolen or damaged? 4) Can the young person do something to show they are sorry? 5) Could they do some voluntary work for a charity? 6) Could they do something about the problems in their life that were caused by the incident?

What could the young person do if you do not feel safe? Could they reassure you that they will never harm again? What were the consequences for you?

1) Tell us what your thoughts are concerning the event and how it has affected you? 2) What was the reaction at the time of the offense? 3) How did your family and friends react when they heard what happen? 4) How do you feel now? 5) What hardship (cost, hurt, inconvenience, etc.) have you had to endure since the incident?

What was the hardest/worst thing for you? What could come out of the conference for you and the student?

1) How do you feel about talking with the young person? 2) What good things could come out of meeting with the young person for you? 3) What good things could come out of meeting with you, for the young person? 4) What could stop these good things from happening at the conference?

a. Your feelings, attitudes, or actions? b. The young person’s feelings, attitudes or actions?

Pre- meetings with Person Harmed Supporters:

1) How did you react to what happened? 2) What impact has this harm had on you and others? 3) What was the worst part of it? 4) What concerns do you have now about what happened? 5) What do you think the young person should do to make amends?

Note: “This is not about punishing the young person. It is about helping you feel better”


Restorative Conference

Ground Rules

The purpose of ground rules is to help facilitate a fair and educational process. They should be explained at the beginning of the conference to set a safe and respectful tone. All participants should be asked if they are willing to abide by the ground rules and if there are any more they would like to add to feel safe and comfortable. The person responsible, impacted parties and community members should be shown the ground rules during the pre-conference to prepare them for what type of behavior is expected when everyone comes together.

1. Each participant agrees to speak one at a time.

2. We agree not to interrupt when others are speaking, even if we disagree.

3. We avoid criticism, pretense, insincerity, and condescending attitudes.

4. We share openly and honestly and are supportive of one another.

5. Differences are expected and respected.

6. What is said in the conference stays in the conference.

7. We can take breaks if needed.

8. Everyone is here voluntarily and that takes a lot of courage and maturity.


Restorative Conference Script

Welcome and Introductions

All participants share their name and who they are in relation to the conference

Share purpose of restorative conference- Opportunity to hear what happened, express thoughts and feelings,

address impact, build relationships, and create a plan for moving forward in a positive way

Share time frame (Usually between 45min-3 hours depending on the incident)

Open with inspirational story/thought/affirmation- to set a safe and inspirational tone

Review ground rules and get confirmation of agreement from all participants

Respect * Honesty and Openness * Accountability and Support

No Interrupting * Breaks can be taken when needed * Voluntary

Ask if there are ground rules participants would like to add?

Allow Person Responsible an opportunity to give an account of what happened

Questions: What happened leading up to offense? What did you do? Who else was involved and what did they

do? What happened after the incident? What have you been up to since the incident?

Invite Impacted Parties to ask questions of the person responsible (for clarification and understanding)

Invite Impacted Parties to share the impact of the incident on them (start from most to least impacted parties)

Questions: What happened at the time of the offence? Your reaction? What was the impact at the time of the

event? What has happened since the event? What is the long term impact?

Ask the Student Responsible to comment on what the Impacted Parties have said- Some type of deeper reflection or

apology is appropriate here

Question: Now that you have heard the impact of your actions on community members here today, what are

your reflections?

Open it up to have all participants dialogue about how to make amends and how to prevent the incident from

happening in the future

What support does the student responsible need and what are they prepared to do to learn from this

experience?

What do the impacted parties need in order to feel whole again?

What contributions can be made to and from the community?

Agree to a plan and sign the Restorative Conference Agreement Form

Share a Closing Thought/Affirmation/Inspiration

Thank everyone for coming and ask them to fill out an evaluation form


Restorative Conference Agreement Form

In the matter of: _____________________________________ Student Responsible Name We, the participants of this restorative conference, hereby agree to the following steps as a way to move forward in a positive way and support each other in the future. Agreement: (with any appropriate action steps and due dates)

1. For Impacted Party:

2. For School Community:

3. For Self:

4. Other Commitments: Conference Summary: On __/_ _/_ , we the undersigned hereby agree to hold and be held accountable to the conditions of this agreement. _______________________________ _______________________________ Participant Signature Participant Signature _______________________________ ________________________________

Participant Signature Participant Signature _______________________________ ________________________________ Participant Signature Participant Signature _______________________________ ________________________________ Participant Signature Participant Signature _______________________________ ________________________________

Participant Signature Participant Signature

Facilitator Co-Facilitator


Restorative Conference Participant SurveyRestorative Conference Participant SurveyRestorative Conference Participant SurveyRestorative Conference Participant Survey

1. I was included in the decision making process

2. I felt empowered by the process

3. The process included a discussion of personal values and ethical responsibilities

4. I feel comfortable seeing the other people involved in this incident at school or in the community

5. This process helped me feel more connected and valuable to this community

6. This process helped bring me closure to the situation

7. As a result of this process, I feel a stronger sense of safety at school

8. I was able to meaningfully contribute my ideas to the outcome of the case

9. Overall, I am satisfied with the way the discipline process was handled

10. What have you learned through this restorative process you participated in?

Strongly Disagree Disagree Neither Disagree or Agree Agree Strongly Agree

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Restorative Conference Affected Person SurveyRestorative Conference Affected Person SurveyRestorative Conference Affected Person SurveyRestorative Conference Affected Person Survey










10. I had an opportunity to express how the offense has impacted me






















Page 2

Restorative Conference Affected Person SurveyRestorative Conference Affected Person SurveyRestorative Conference Affected Person SurveyRestorative Conference Affected Person Survey11. I believe the student took responsibility for their actions

12. I feel the harm has been repaired

13. I believe the student was held accountable








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Restorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth Survey










10. As a result of this process, I have the support and tools to make different decisions

11. This process offered me an opportunity to address the impact of my behavior
























Restorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth SurveyRestorative Conference Responsible Youth Survey12. My involvement in this process helped me understand the consequences of my actions

13. My involvement in the process helped me make different choices about my behavior in similar situations






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Restorative Resources

Local Resources: Circles for Change- Restorative justice and practices support

www.circles4change.org National Conflict Resolution Center www.ncrconline.com Restorative Justice Mediation Program

www.sdrjmp.org

Further Resources: The Ojai Foundation-Council www.ojaifoundation.org Oakland Unified School District

www.ousd.k12.ca.us/restorativejustice The Center for Justice and Peace building at Eastern Mennonite University www.emu.edu/cjp Restorative Justice Online

www.restorativejustice.org International Institute for Restorative Practices

http://iirp.org

Books: Boyes-Watson, C. (2008). Peacemaking Circles and Urban Youth. St. Paul, MN: Living Justice Press. Braithwaite, J. (2002). Restorative Justice and Responsive Regulation. New York: Oxford University Press. Kotter, J.P. (1996). Leading Change. Boston, MA: Harvard Business School Press. Liebmann, M. (2007). Restorative Justice: how it Works. London and Philadelphia: Jessica Kingsley

Publishers. Pranis, K. (2005). The Little Book of Circle Processes: A New/Old Approach to Peacemaking.

Intercourse, Pennsylvania: Good Books. Pranis, K., Barry, S., and Wedge, M. (2003). Peacemaking Circles. St. Paul, MN: Living Justice Press. Stutzman Amstutz, L (2005). The Little Book of Restorative Discipline for Schools: Teaching Responsibility; Creating Caring

Climates. Intercourse, Pennsylvania: Good Books. Winslade, J., & Monk, G. (2006). Narrative Counseling in Schools: Powerful & Brief. Thousand Oaks, CA: Corwin Press. Zehr, H. (2002). The Little Book of Restorative Justice. Intercourse, PA: Good Books.


http://www.circles4change.org/

http://www.ncrconline.com/

http://www.sdrjmp.org/

http://www.ojaifoundation.org/

http://www.ousd.k12.ca.us/restorativejustice

http://www.emu.edu/cjp

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http://www.yesmagazine.org/issues/education-uprising/where-dignity-is-part-of-the-school-day 1 of 5

Discipline With Dignity: Oakland Classrooms Try

Healing Instead of Punishment

As executive director of Restorative Justice for Oakland Youth, Fania Davis sees

programs like hers as part of the way to end the school-to-prison pipeline.

Fania Davis, executive director of Restorative Justice for Oakland Youth, with students from Ralph Bunche High School in Oakland.

YES! Photo By Lane Hartwell.

Fania Davis posted Feb 19, 2014

Tommy, an agitated 14-year-old high school student in Oakland, Calif., was in the hallway

cursing out his teacher at the top of his lungs. A few minutes earlier, in the classroom, he’d

called her a “b___” after she twice told him to lift his head from the desk and sit up straight.

Eric Butler, the school coordinator for Restorative Justice for Oakland Youth (RJOY—the

author is executive director of the organization) heard the ruckus and rushed to the scene.

The principal also heard it and appeared. Though Butler tried to engage him in conversation,

Tommy was in a rage and heard nothing. He even took a swing at Butler that missed.

Grabbing the walkie-talkie to call security, the principal angrily told Tommy he would be

suspended.


http://www.yesmagazine.org/issues/education-uprising/where-dignity-is-part-of-the-school-day

http://www.yesmagazine.org/@@also-by?author=Fania+Davis


“We were about to put this kid out of school, when what he

really deserved was a medal.”

“I don’t care if I’m suspended. I don’t care about anything,” Tommy defiantly responded.

Butler asked the principal to allow him to try a restorative approach with Tommy instead of

suspending him.

Butler immediately began to try to reach Tommy’s mother. This angered Tommy even more.

“Don’t call my momma. She ain’t gonna do nothing. I don’t care about her either.”

“Is everything OK?” The concern in Butler’s voice produced a noticeable shift in Tommy’s

energy.

“No, everything is not OK.”

“What’s wrong?” Eric asked. Tommy was mistrustful and wouldn’t say anything else. “Man,

you took a swing at me, I didn’t fight back. I’m just trying my best to keep you in school.

You know I’m not trying to hurt you. Come to my classroom. Let’s talk.”

They walked together to the restorative justice room. Slowly, the boy began to open up and

share what was weighing on him. His mom, who had been successfully doing drug

rehabilitation, had relapsed. She’d been out for three days. The 14-year-old was going home

every night to a motherless household and two younger siblings. He had been holding it

together as best he could, even getting his brother and sister breakfast and getting them off to

school. He had his head down on the desk in class that day because he was exhausted from

sleepless nights and worry.

After the principal heard Tommy’s story, he said, “We were about to put this kid out of

school, when what he really deserved was a medal.”

Eric tracked down Tommy’s mother, did some prep work, and facilitated a restorative justice

circle with her, Tommy, the teacher, and the principal. Using a technique borrowed from

indigenous traditions, each had a turn with the talking piece, an

object that has a special meaning to the group. It moves from

person to person, tracing a circle. The person holding the talking

piece is the only one talking, and the holder speaks with respect

and from the heart.

Everyone else in the circle listens with respect and from the heart.

As Tommy held the talking piece, he told his story. On the day of

the incident, he had not slept, and he was hungry and scared. He

felt the teacher was nagging him. He’d lost it. Tommy apologized.

He passed the talking piece to his teacher and heard her story.

Earlier in the year another student had assaulted her. She was

terrified it was about to happen again with Tommy. After the

incident with Tommy, as much as she loved teaching, she had

YES! photo by Lane Hartwell




considered quitting. Tommy apologized again for the outburst and offered to make amends

by helping her with after-school chores for the next few weeks. The teacher agreed to show

more compassion in the future if she noticed a student’s head down on the desk.

Taking responsibility, Tommy’s mother apologized to her son and all present. She

rededicated herself to treatment and was referred to the campus drug rehabilitation counselor.

After the circle and with follow-up, Tommy’s family life, grades, and behavior improved.

The teacher remained at the school.

Restoration, not punishment

Nelson Mandela’s adage, “I destroy my enemies when I make them my friends” captures the

profoundly inclusive nature of restorative justice (RJ). The hallmark of RJ is intentionally

bringing together people with seemingly diametrically opposed viewpoints—particularly

people who have harmed with people who have been harmed—in a carefully prepared face-

to-face encounter where everyone listens and speaks with respect and from the heart no

matter their differences. The talking piece is a powerful equalizer, allowing everyone’s voice

to be heard and honored, whether that of a police officer, a judge, or a 14-year-old youth.

If the school had responded in the usual way by suspending Tommy, harm would have been

replicated, not healed. Punitive justice asks only what rule or law was broken, who did it, and

how they should be punished. It responds to the original harm with more harm. Restorative

justice asks who was harmed, what are the needs and obligations of all affected, and how do

they figure out how to heal the harm.

Had punitive discipline ruled the day, Tommy’s story would have gone unheard and his

needs unmet. Had he been suspended, Tommy’s chances of engaging in violence and being

incarcerated would have dramatically increased. Suspension likely would have exacerbated

harm on all sides—to Tommy, his teacher, his family, and ultimately, his community. His

teacher would have been deprived of hearing Tommy’s story. She might have quit teaching

and remained trapped in trauma.

If Tommy had been suspended and left unsupervised—as most suspended students are—he

would have been behind in his coursework when he returned. Trapped in an under-resourced

school without adequate tutoring and counseling, Tommy would have had a hard time

catching up. According to a national study, he would have been three times more likely to

drop out by 10th grade than students who had never been suspended.

Worse, had Tommy dropped out, his chances of being incarcerated later in life would have

tripled. Seventy-five percent of the nation’s inmates are high school dropouts.

Getting kids out of the pipeline

The school-to-prison pipeline refers to the alarming national trend of punishing and

criminalizing our youth instead of educating and nurturing them. Exclusionary discipline

policies such as suspensions, expulsions, and school-based arrests are increasingly being




used to address even the most minor infractions: a 5-year-old girl’s temper tantrum, a child

doodling on her desk with erasable ink, or adolescent students having a milk fight in the

cafeteria. Use of suspensions has almost doubled since the 1970’s. Black students are

disproportionately impacted. According to data from the U.S. Office of Civil Rights, black

students are three times more likely to be suspended than their white counterparts for

comparable offenses.

In 2010, the Oakland school board passed a

resolution adopting restorative justice as a system-

wide alternative to zero-tolerance discipline.

Overreliance on exclusionary school discipline that disproportionately impacts African

American youth led the U.S. Departments of Justice and Education recently to announce the

launch of a national initiative to help schools and districts meet their legal obligation to

administer discipline without unlawfully discriminating. At the January 8, 2014 release of a

Guidance Package on equitable and effective school discipline, U.S. Secretary of Education

Arne Duncan said, “Racial discrimination in school discipline is a real problem today, and

not just an issue from 40 to 50 years ago.”

According to a study by the Centers for Disease Control, a student’s sense of belonging to a

high school community is a top protective factor against violence and incarceration. In

addition to convening restorative justice circles like Tommy’s, RJOY also uses circles

proactively to deepen relationships and create a school culture of connectivity, thereby

reducing the likelihood that harm will occur.

A UC Berkeley Law study found RJOY’s 2007 middle school pilot eliminated violence and

expulsions, while reducing school suspension rates by 87 percent. After two years of training

and participation in RJ practices, whenever conflict arose, RJOY middle school students

knew how to respond by coming to the RJ room to ask for a talking piece and space to

facilitate a circle. Today, at one of the RJOY school sites, student suspensions decreased 74

percent after two years and referrals for violence fell 77 percent after one year. Racial

disparity in discipline was eliminated. Graduation rates and test scores increased.

In Oakland, RJOY is successfully influencing the school district to make the approach in

Tommy’s case the new norm. The restorative justice model has been so successful in the

schools where RJOY has worked that, in 2010, the Oakland school board passed a resolution

adopting RJ as a system-wide alternative to zero-tolerance discipline and as a way of creating

stronger and healthier school communities.

Young high school students in Oakland with failing grades and multiple incarcerations who

were not expected to graduate not only graduate but achieve 3.0-plus GPAs. Some have

become class valedictorians. Girls who have been long-time enemies become friends after

sitting in a peacemaking circle. Instead of fighting, students come into the restorative justice

room and ask for a talking piece and circle. Youth and adults who walk into a circle feeling

anger toward one another end up embracing. Youth report they are doing circles at home




with their families. High school graduates are returning to their schools to ask for circles to

address conflict outside the school.

Oakland is considered one of the most violent cities in the nation. However, today hundreds

of Oakland students are learning a new habit. Instead of resorting to violence, they are being

empowered to engage in restorative processes that bring together persons harmed with

persons responsible for harm in a safe and respectful space, promoting dialogue,

accountability, a deeper sense of community, and healing.

Fania Davis wrote this article for Education

Uprising, the Winter 2014 issue of YES! Magazine.

She is co-founder and executive director of Restorative

Justice for Oakland Youth. She practiced civil rights

law for 27 years. Her Ph.D. in indigenous studies led

to her work in restorative justice.



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