Steve Vitto Balanced Andrestorative Justice For Kids

Balanced and Balanced and Restorative JusticeRestorative Justice

““Providing Consequences that Providing Consequences that Teach and Restore”Teach and Restore”

Typical reactive responsesTypical reactive responses

Zero tolerance policiesZero tolerance policies Security guards, student uniforms, Security guards, student uniforms,

metal detectors, video camerasmetal detectors, video cameras Suspension/expulsionSuspension/expulsion Exclusionary options (e.g., Exclusionary options (e.g.,

alternative programs)alternative programs) Retributive JusticeRetributive Justice PunishmentPunishment

Problems with PunishmentProblems with Punishment

Models controlling behavior vs problem Models controlling behavior vs problem solvingsolving

Tend to cause brain shift to survival mode Tend to cause brain shift to survival mode not conducive to learningnot conducive to learning

Tend to elicit judgment and anger from both Tend to elicit judgment and anger from both staff and studentstaff and student

Meet the needs of the care provider as Meet the needs of the care provider as opposed to the childopposed to the child

The consequence has no relationship to the The consequence has no relationship to the behaviorbehavior

Problems with Punishment

Inconsistent applicationInconsistent application Generally quick to apply, but doesn’t Generally quick to apply, but doesn’t

have lasting resultshave lasting results Often leads to resentment, defiance, Often leads to resentment, defiance,

or violence and consequently result in or violence and consequently result in the need for more intrusive measures the need for more intrusive measures by staffby staff

Often fail to address the victimOften fail to address the victim Rarely result in learning a better wayRarely result in learning a better way

Parallels to School-based and Parallels to School-based and Community-based Retributive Community-based Retributive

JusticeJustice Both are retributive Both are exclusionary Both provide little concern for the

victim Both are contraindicated by research Both have high rates of recidivism for

serious offenses Both have little community restorative

elements

Behavioral offences are Behavioral offences are wounds…wounds…

Consequences should healConsequences should heal

•If a student doesn’t know how to read,we If a student doesn’t know how to read,we

teachteach

•If a student doesn’t know how to swim,we If a student doesn’t know how to swim,we

teachteach

•If a student doesn’t know how to multiply, If a student doesn’t know how to multiply, we we

teachteach

•If a student doesn’t know how to If a student doesn’t know how to

behave, webehave, wePUNISHPUNISH

John Herner

IN OUR SCHOOL, MANY

CHILDREN COME TO SCHOOL AS

VICTIMS. IT IS THE COMMUNITY

BUILDING AND RESTORATION

PROCESS THAT HELP

VICTIMS FROM

TURNING INTO OFFENDERS”

What is BARJ?What is BARJ?

Philosophy Philosophy Repair the harmRepair the harm Victim, Offender, CommunityVictim, Offender, Community Offence against people vs breaking the Offence against people vs breaking the

rulesrules AccountabilityAccountability SafetySafety CompetencyCompetency

StakeholdersStakeholders

VictimVictim OffenderOffender CommunityCommunity

Stakeholder InterestsStakeholder Interests

Who were the victims?Who were the victims? How were the victims’ interests served?How were the victims’ interests served? Who was community?Who was community? How were the community interests How were the community interests

served?served? How was the offender’s interests served?How was the offender’s interests served? Why can the community protect both the Why can the community protect both the

victim and the offender? (e.g.,unwritten victim and the offender? (e.g.,unwritten code, victim is an outsider)code, victim is an outsider)

Ripple EffectRipple Effect

BARJBARJEffective Restorative Practices Should:

Foster AwarenessFoster Awareness Avoid Scolding or LecturingAvoid Scolding or Lecturing Actively Involve StudentsActively Involve Students Accept AmbiguityAccept Ambiguity Separate the Deed from the Separate the Deed from the

DoerDoer View Every Incidence of Wrong View Every Incidence of Wrong

Doing as an Opportunity for Doing as an Opportunity for LearningLearning

A Restorative Justice approach is A Restorative Justice approach is integrated into the school community integrated into the school community

through:through:

Community and team building Community and team building experiencesexperiences

Classroom management and Classroom management and school policyschool policy

Direct skill instruction and trainingDirect skill instruction and training Curriculum InfusionCurriculum Infusion School-wide projects and programsSchool-wide projects and programs

Specific Behaviors and Specific Behaviors and Consequences that restoreConsequences that restore

DisruptionDisruption NoncomplianceNoncompliance DisrespectDisrespect TardinessTardiness Unprepared for classUnprepared for class TruancyTruancy AggressionAggression SwearingSwearing StealingStealing Harassment/ BullyingHarassment/ Bullying Vandalism and DestructionVandalism and Destruction Cheating/PlagiarizingCheating/Plagiarizing

ActivityActivity

CONSEQUENCES THAT RESTORECONSEQUENCES THAT RESTORE

How to get reflective How to get reflective answers from the Time to answers from the Time to

Think FormThink Form What did you do?What did you do? What was wrong with what you did?What was wrong with what you did? What problems were you trying to What problems were you trying to

solve?solve? How will you solve the problem next How will you solve the problem next

time without hurting someone? time without hurting someone?

RESTORATIONRESTORATION teaches self teaches self control through modeling, control through modeling,

mediation, and mediation, and community restoration community restoration

PUNISHMENTPUNISHMENT teaches external teaches external control through pain, loss, and control through pain, loss, and

exclusionexclusion

Restorative vs. Retributive Restorative vs. Retributive ResponsesResponses

SuspensionSuspension Performing volunteer workPerforming volunteer work Detention and Saturday SchoolDetention and Saturday School Taking part in a school-wide bully prevention programTaking part in a school-wide bully prevention program Peer tutoring or acting as a student assistantPeer tutoring or acting as a student assistant Loss of points and privilegesLoss of points and privileges Peer mediation and conflict resolutionPeer mediation and conflict resolution Working to repay damage caused by vandalismWorking to repay damage caused by vandalism ExpulsionExpulsion Involvement in Anger Replacement TrainingInvolvement in Anger Replacement Training Time-outTime-out Life-skills processing activitiesLife-skills processing activities

Restorative Justice/PBSRestorative Justice/PBS

Restorative JusticeRestorative Justice Misconduct defined as Misconduct defined as

behavior affecting othersbehavior affecting others Focus on problem solvingFocus on problem solving Conflict recognized as Conflict recognized as

interpersonal with value interpersonal with value for learningfor learning

Attention given to broken Attention given to broken relationshipsrelationships

Total school community Total school community involved in facilitation involved in facilitation restoration – restoration – empowermentempowerment

AccountabilityAccountability

PBSPBS Views the system, settings or Views the system, settings or

skill deficiency as the problemskill deficiency as the problem Adjusts systems and setting Adjusts systems and setting

and improves skillsand improves skills Identifies and teaches Identifies and teaches

replacement skills and builds replacement skills and builds relationshipsrelationships

Primarily relies on positive Primarily relies on positive approaches and restorationapproaches and restoration

Goal of sustained results over Goal of sustained results over timetime

Developed by a collaborative Developed by a collaborative teamteam

PBS & BARJ Consequences for PBS & BARJ Consequences for Behavioral ErrorsBehavioral Errors

Reduce the Efficiency of the Target behaviorReduce the Efficiency of the Target behavior Development of Replacement Skills or Development of Replacement Skills or

Consequences that TeachConsequences that Teach Provision of Restoration JusticeProvision of Restoration Justice Provision of Safety and Order in the Classroom Provision of Safety and Order in the Classroom

or Schoolor School Data-Based Decision MakingData-Based Decision Making Related, Respectful, and ResponsibleRelated, Respectful, and Responsible Enhance the Child’s Sense of Community or Enhance the Child’s Sense of Community or

RelationshipRelationship

Victim Impact Circle ConferenceVictim Impact Circle Conference IntroductionIntroduction Ice Breaker-Community Building PieceIce Breaker-Community Building Piece Opening StatementOpening Statement Guidance and InfluenceGuidance and Influence Agreement Guideline/ Talking PieceAgreement Guideline/ Talking Piece Review of IncidentReview of Incident Participant input related to incidentParticipant input related to incident Impact StatementsImpact Statements Restoring the Harm-Victim, Offender, CommunityRestoring the Harm-Victim, Offender, Community Final AgreementFinal Agreement ComplimentsCompliments

Circle GuidelinesCircle Guidelines

Treat others with respectTreat others with respect Talk only when holding the talking Talk only when holding the talking

piecepiece Consider other’s point of viewConsider other’s point of view Accept own part in resolving the Accept own part in resolving the

problemproblem Develop a plan to restore the Develop a plan to restore the

victim, the community, and the victim, the community, and the offenderoffender

““If you treat an individual as he is, he If you treat an individual as he is, he will stay as he is, but if you treat him will stay as he is, but if you treat him as if he were what he ought to be as if he were what he ought to be and could be he will become what he and could be he will become what he ought to be and could be.”ought to be and could be.” Wolfgang GoetheWolfgang Goethe