Isabella Piñeros-Shields
Senior Thesis | 2024
A Case Study Analysis of Restorative Justice in Schools
Isabella Piñeros-Shields
Introduction
Although there is not a homogenous group or single origin to the Restorative Justice (RJ) movement, it is commonly found embedded within indigenous communities in a myriad of places. Healing and restorative practices have roots in various different cultures and societies, and although the paper will not cover every aspect of RJ history some contextualization is helpful to understand how the movement has grown. To understand the theory of RJ it is important to differentiate between different levels of violence and to establish how violence moves through different levels of our society. Violence is the norm in U.S society and it is embedded into the institutions and policies that are perceived as neutral. The public school system is no exception to this violent norm, in fact, schools amplify societal inequalities. Schools often
maintain class divisions, reinforce racist norms and can ultimately result in the school to prison pipeline. The school to prison pipeline will be explored later in the paper. RJ combats and deconstructs many of these institutionalized hierarchies within schools. Using case studies across several locations and demographics the paper will look at the implementation of RJ in U.S schools. The three core case studies were conducted within K12 schools and the programs differed in methods as well as results. In addition to those main case studies there are also examples of Rj implementation in higher ed as well as examples of student-led RJ in settings outside of the formal school environment. In the next section, this paper will establish the definitions and basic premises that Restorative Justice (RJ) rests on, as well as some major principles that are widely accepted in the field. Howard Zehr establishes three basic pillars of RJ, as well as the fundamental questions that RJ seeks to answer. This paper will also establish some historical context for the RJ movement.
Violence
Before discussing the theory and applications of RJ it is important to establish some related definitions that the restorative theory relies on. One core concept that needs to be defined is violence. In order to understand RJ, the definition of violence must be broadened from a solely physical, interpersonal definition. Violence is not solely physical because often the psychological effects of traumatic words or experiences are just as detrimental as physical wounds. Additionally, violence is not simply interpersonal; there are forms of violence at the individual level, interpersonal level, structural or state level, and systemic level. At the individual level violence takes shape as internalized trauma that negatively affects a person’s psychological state. Interpersonal violence encompasses any conflict between a few individuals.
Violence at the structural level is more complex, but it includes violence embedded into laws and policies. Systemic violence is the
most abstract, but for a brief definition it encompasses historical unresolved violence, and is the underlying reason for violent laws and interpersonal violence. For example, sexism or racism are systemic forms of violence that are reflected in our laws, social dynamics, and individual consciousness.1
It is also important to emphasize the transferral of violence, and the way in which violence will be perpetuated and move through communities unless it is remedied. Kazu Haga discusses this idea in his book Healing Resistance. He explores the idea that “hurt people hurt people”2 and although this can most easily be demonstrated on the interpersonal level it is an important concept to analyze RJ. This notion very briefly explains that violence cannot just disappear. The long term and even generational effects of violence will continue to harm a person, unless that violence is
1 Kazu Haga, Bernard LaFayette, and David C. Jehnsen, Healing Resistance: A Radically Different Response to Harm: My Life and Training in the Nonviolent Legacy of Dr. King (Parallax Press, 2020), 54.
2 Kazu Haga, Healing Resistance, 47.
healed. Although exploring the psychological effects of trauma and violence is a completely separate thesis, this idea is still relevant to the structural and systemic forms of violence. Additionally, trauma that an individual holds within them might be externalized in forms of aggression, but it can also be internalized in self destructive ways. This visual is extremely helpful in understanding this concept:
1: Cycles of Violence3
Retributive vs Restorative It is also important to differentiate between restorative and retributive justice. The retributive or punitive justice system which is what the U.S justice system is predominantly based on, is
3 Yoder, Carolyn. The Little Book of Trauma Healing : When Violence Strikes and Community Security Is Threatened. Revised & Updated. New York: Good Books, 2020.
Figure
punishment centered. The systems have different approaches to crime that must be understood. A retributive justice system identifies which laws have been broken, whereas a RJ system identifies the people and relationships that have been harmed by a crime. In a retributive justice system “justice” means the state will determine who to blame and ensure that the individual feels guilty by imposing pain in some form of punishment. RJ will focus on involving the victim, the offender, and the broader community to resolve the violence and restore the relationship that has been broken. In summary, the retributive justice system is focused on offenders receiving the punishment they deserve, while RJ strives to help the victim with their needs, while still holding the offender accountable in some way. However this is not to say that RJ is simply an alternative to retributive justice. Many aspects of RJ do not apply to crime or wrongdoing, but rather emphasize positive community relationships. This distinction is especially important
because the implementation of RJ within a community requires an established space of trust.4
Figure 2: Retributive vs Restorative Justice5
4 Zehr, Howard. The Little Book of Restorative Justice : Revised and Updated. Good Books, 2015. Accessed January 17, 2024. ProQuest Ebook Central.https://ebookcentral.proquest.com/lib/bu/reader.action?docID=1922319
5 Zehr, Howard. The Little Book of Restorative Justice
Pillars of Restorative Justice
Howard Zehr provides three basic pillars of RJ that are helpful to frame the theory. The first pillar he identifies is that RJ focuses on harm. The second pillar is that wrongs or harms result in obligations. The third pillar is that RJ promotes engagement and participation.6 Although the RJ movement is not homogenous, these three pillars are widely accepted. RJ looks different in different settings however and so there is not one cookie cutter example that can be duplicated. It is rather a framework that can be applied to a variety of settings including schools, which is exactly what this paper will explore.
Brief History of Restorative Justice
Indigenous communities across the globe have historically used and continue to use restorative practices in one form or another. While western society has established retributive justice 6 Zehr, Howard. The Little Book of Restorative Justice
systems as the “norm,” that is not the case everywhere, in every culture, nor was it always the case. The implementation of RJ is often seen as an alternative to retributive justice, or sometimes as a supplement to the existing punitive system. Of course, there are applications in which this is logical and still the advancement of restorative practices even within structurally retributive institutions is a great deal of progress. However there are complete alternatives. For example, the Navajo nation establishes three different types of “Law” rather than just that of the state. Their laws include: (1)Traditional law–Laws of great spirit; (2) Customary laws–Laws of holy beings, and (3) Natural Law- Laws of mother earth and father heaven.7 The Navajo Law system emphasizes reciprocity and when any of these sets of laws are broken, there is a communal process to resolve the disturbance. Similarly, in South Africa there is a Nguni proverb that goes, “I am 7 Raymond Darrel Austin and Robert A. Williams, Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance (University of Minnesota Press, 2009), 16.
because we are and we are because I am.”8 This is a part of the concept Ubuntu which is the core belief that the individual only exists in relation to the collective. The Nguni people had a formal legal system centered around the philosophy of Ubuntu that seeked to restore individuals' humanity through the legal process.9 Once again, the emphasis on relationships within the community means that when a harm is done it is seen as a breach in that community, and the harm must therefore be restored or healed. Howard Zehr links RJ to the Judeo-Christian concept shalom which emphasizes “right relationship.”10 The same concept is presented differently
8 Davis, Fania E.. The Little Book of Race and Restorative Justice : Black Lives, Healing, and US Social Transformation. New York: Skyhorse Publishing Company, Incorporated, 2019. Accessed January 17, 2024. ProQuest Ebook Central. https://ebookcentral.proquest.com/lib/bu/detail.action?docID=5743741
9 Jenkins, Morris. "Gullah Island Dispute Resolution: An Example of Afrocentric Restorative Justice." Journal of Black Studies 37, no. 2 (November 2006): 299-319. Accessed April 3, 2024.https://www.jstor.org/stable/40034415.
10 Davis, Fania E.. The Little Book of Race and Restorative Justice.
across different cultures, however it is extremely common especially in cultures that emphasize community and reciprocity.
RJ in the U.S emerged in the 1970s and began to incorporate indigenous leaders by the turn of the century. ChiefJustice Emeritus of the Navajo Nation Supreme Court Robert Yazzie has been writing about RJ since the 1980’s. Harold and Phil Gatensby and Chief Mark Wedge from the Tglingit First Nations were also important to spreading peacemaking circles across the United States and Canada in their role as initial trainers. The recent resurgence of RJ is part of a larger global movement that is reestablishing indigenous values, like RJ into the mainstream dialogue. The goal of this movement is to transform the institutions and structures currently in place. The RJ movement is also connected to victims’ rights movements, the feminist movement, the prison abolitionist movement, and peace movements. 11
11 Davis, Fania E.. The Little Book of Race and Restorative Justice.
The School to Prison Pipeline
Within K-12 schools there is somewhat of an ideal environment to implement RJ. There is a closed community, minor infractions, and young impressionable minds that are potentially more open to a RJ approach than adults often are. Additionally the adaptability of RJ allows schools to adopt it in different formats and in different degrees. However, schools pose a significant number of challenges as well. Not only is there a lack of trusting relationships, most often there is a lack of trust between authority figures and children.12 Schools are naturally hierarchical, making it difficult to implement restorative practices that rely on a level playing field, and ideally RJ strips away traditional power dynamics.
12 Payne, Allison Ann, and Kelly Welch. “Restorative Justice in Schools: The Influence of Race on Restorative Discipline.” Youth & Society, vol. 47, no. 4, July 2015, pp. 539–64. DOI.org (Crossref), https://doi.org/10.1177/0044118X12473125.
Additionally, The U.S public school system has an added layer of institutionalized racism, that furthers the naturally hierarchical system. As a result, African American children often have traumatic experiences within the school systems. The introduction of police into schools creates a hostile environment especially for African American students. The use of law enforcement officers in addressing student misconduct causes a decrease in student retention, students reporting an increase in feeling physically and emotionally unsafe in school, and an increase in poor mental health in K12 students.13 There are a myriad of negative outcomes that result from introducing law enforcement into schools, and most commonly the law enforcement is deployed to schools in low income neighborhoods with high percentages of African American students.
13 13Versher, Elysse Ryan. "Case Study Exploration of High School Teachers’ Implementation of Restorative Justice." Order No. 28087956, Grand Canyon University, 2020.
The largest cycle of violence within the school system is the school to prison pipeline. There is a generational violence inflicted on communities through the prison system. In 2021, African Americans were 13% of the U.S population, but they made up 30% of arrests and 35% of imprisonments.14 Not only does this institutionalized racism ruin lives it also destroys and strips resources from communities of color. The prison system strips away economic resources because previously incarcerated individuals are given little to no support as they transition back into society, and are often unable to find work. After the arrest of a parent, children are more likely to internalize or externalize that harm. Additionally, they might be forced to make money in illegal ways like selling drugs which only leads to more arrests. Not only is there an emotional cycle of violence that occurs, there is also an economic one. After prison the lack of resources to rebuild a life
14 Mariame Kaba, Naomi Murakawa, and Tamara K. Nopper, We Do This ’til We Free Us: Abolitionist Organizing and Transforming Justice (Chicago, IL: Haymarket Books, 2021), 84.
means that people are also receiving a form of economic violence. This limits the resources within these communities, including the school systems. Essentially, “The school-to-prison pipeline is the pattern of removing students from educational institutions, primarily through zero-tolerance policies, and putting students directly on the track to the juvenile and adult criminal justice system.”15 The institutionally hierarchical and racist structure is important to keep in mind to analyze the studies of RJ in schools. In Colorizing Restorative Justice Rochelle Arms Almengor writes that:
“Schools are microcosms of the greater society; they concentrate the strengths and ills of their member’s communities. This social concentration means that racism, violence, and other challenges to mental and emotional well-being are felt more intensely within the pressure cooker of a school environment,
15 Versher, Elysse Ryan. "Case Study Exploration of High School Teachers Implementation of Restorative Justice."
where almost everything occurs in plain view. Schools are therefore fertile breeding ground for negative feedback, but by the same token, positive change can quickly amplify when school leaders make a concerted effort in that direction.”16 Schools provide an ideal environment for testing different RJ strategies because theoretically there is a closed feedback loop and it is easy to isolate the variable that might be causing poor results.
However, the power dynamics between the students and teachers often creates an obstacle. A common RJ strategy is the use of peace or restorative circles which is essentially the practice of resolving a conflict while seated in a circle. The circle creates a non-hierarchical setting to address the issue at hand. In Colorizing Restorative Justice Barbara Sherrod writes, “Refusing to acknowledge or honor who people are in Circles causes a lasting harm, i.e., it reinforces historic harm in the present. A harm rooted
16 Valandra, Edward Charles, and Robert Yazzie. Colorizing restorative justice: Voicing our Realities. 2020. St. Paul, MN: Living Justice Press, 134.
in anti-Black-and-Brown rhetoric or behavior leads children of color to believe that their root identity has no place in the Circle or in restorative communities.”17 In order for a restorative circle to produce positive outcomes, there needs to be a dismantling of hierarchical power structures. However, in order to implement the circle there is necessarily some overhead power. This ultimately becomes paradoxical, and in some capacity the overhead power can establish the restorative practice, but it is also necessary for them to subsequently resign from that authoritative position.
Case Study 1:
Rochelle Arms Almengor uses a case study that demonstrates the process of implementing Restorative practices in schools. The case follows Jasmine who is a RJ coordinator (RJC) meaning she was sent from an exterior organization into a K12 school. Jasmine was struggling to satisfy the requests of her
17 Edward Charles Valandra and Robert Yazzie, Colorizing Restorative Justice: Voicing Our Realities, 59.
supervisor because she was more focused on building relationships with students of color, who were being overlooked at the school.
While the supervisor was more concerned with establishing RJ protocol alongside the school’s administration. Almengor writes:
“Unlike the concerns of Jasmine’s supervisor, whose focus was on the reputation of her parent agency, Jasmine’s concerns were intricately tied to the students and community that she saw herself supporting. This attitude of collaboration and “sharing the wealth” was common to all RJCs, a testament to their integrated understanding of RJ philosophy.”
18 Although there is a goal of institutionalizing RJ when implementing it into the school system, institutionalizing becomes challenging when bureaucracy and scheduling intercept the relationship building process. Additionally, the naturally hierarchical format of the school can
18 Edward Charles Valandra and Robert Yazzie, Colorizing Restorative Justice: Voicing Our Realities, 139.
sometimes co-op the RJ program and create a somewhat watered down version of the RJ program.
Case Study 2:
Researchers at Grand Canyon University used surveys, interviews, and focus groups to determine how teachers perceived the implementation of Restorative Justice principles (RJP) in a California school district. RJP emphasizes the principles of inclusion, accountability, and empowerment. The school district had recently adopted a suspension ban policy, and implemented a justice framework based on RJP. The researchers found that eight themes arose when they collected data on how the high school teachers perceived the implementation of restorative justice in their school.”19 The case study solely focuses on the teachers’ perception of the program and does not account for the opinions of the students involved.
19 19Versher, Elysse Ryan. "Case Study Exploration of High School Teachers”
Research Questions:
RQ0: How do high school teachers perceive the implementation of restorative justice principles within a school district that has a suspension ban policy?
RQ1: How do high school teachers perceive the implementation of restorative justice principle “inclusion” within a school district that has a suspension ban policy?
RQ2: How do high school teachers perceive the implementation of restorative justice principle “accountability” within a school district that has a suspension ban policy
RQ3: How do high school teachers perceive the implementation of restorative justice principle “empowerment” within a school district that has a suspension ban policy?
Eight Identified Themes:
1. The initial RJP implementation was exclusionary to teachers and administrators
2. Professional development for the teachers was crucial to RJP implementation
3. Restorative justice principle inclusion improved stakeholder relationships
4. Students with an IEP/504 plan were inconsistently included in the RJP process
5. Students and teachers were effectively held accountable for minor infractions
6. Students are ineffectively held accountable for violent infractions
7. Black and Latinx students are accountable for their actions, humanely
8. Students were empowered to improve their behavior.
Ultimately, the teachers that were surveyed viewed the results positively, and identified that when teachers and administrators were crucial to the implementation and given the proper training and professional development the results included effective accountability for infractions and student empowerment.20 However the teachers also perceived that students were not properly held accountable for violent infractions.
Case Study 3:
This case study was conducted at a middle school in the south east of the U.S. The school had approximately 1,000 students and 60%
20 Versher, Elysse Ryan. "Case Study Exploration of High School Teachers’ Implementation of Restorative Justice."
of the students identified as racial minorities. Additionally, 65% of the students qualified for free or reduced school lunch prices. The study observed both the student’s and teachers participating in RJ processes as well as interviewed them on how they perceived the results of the RJ program.21 The researchers ultimately identified these themes:
1. Different approach: The first theme depicts the idea of integrating RJ, a new approach, in the classroom
2. RJ activities: What were the RJ practices adopted by the school
a. Respect agreement: At the beginning of the year the students and teachers define respect and create a mutual understanding of a respectful environment.
21 Jo Lauren Weaver & Jacqueline M. Swank, “A Case Study of the Implementation of Restorative Justice in a Middle School,” 2020, RMLE Online, 43:4, 1-9, DOI: 10.1080/19404476.2020.1733912
b. Letter writing: Teachers introduced the letter writing practice so students could express their emotions to each other after a dispute arose.
3. Relationships: How were the relationships between students changed / improved
a. “We” mind-set: Student’s developed a deeper responsibility for their community.
b. Peer accountability: The RJ program resulted in children holding each other accountable.
4. Meaningful consequences: Consequences that are logical for students and solve the dispute or harm while keeping children learning in classrooms, rather than sitting in the principal’s office.
5. Expectations: The goals and standards that were set for the students in the beginning are more effective when set early on in the year / kept consistent.
A student named Trevor stated, “I think more people should use the letter process because sometimes when people get in like an argument or like a fight, maybe they normally don’t know the words to say because they’re just like caught up in the moment …. when you write a letter you kind of realize in your head like, oh I should have [said or done] this … gives you time to think about it, reflect on it”
An administrator reported, “I’ve had them [students] agree to write apology letters … express how they think they made the teacher feel in that situation.” Another type of letter writing endorsed by Smithville teachers is a restitution letter. While reviewing documents, we examined restitution letters written by students that detailed a plan to repair the relationship by addressing the wrongdoing or misbehavior. The letters also included a plan for preventing reoccurrence of the incident in the future.22
22 Jo Lauren Weaver & Jacqueline M. Swank “A Case Study of the Implementation of Restorative Justice in a
The middle school created a more respect and relationship focused community by implementing RJ practices into the classrooms. Students reflected on their actions in a more thoughtful manner through the letter writing and meaningful consequences of their actions. Additionally, the “we mindset” made it clear to young students that their actions affect the collective, and established a community orientated process for conflict resolution.
RJ In Higher Education
Desirée Anderson discusses the implementation of RJ in higher education. With the implementation of RJ programs at the university level, there are some similar obstacles that arise as in the elementary and high school level. One problem that arises is that because universities are naturally hierarchical, it is difficult to implement a complete, and successful RJ program. Additionally, Middle School”
community building is arguably more difficult at a university than at a local middle or high school. It seems unrealistic to create a strong community-based RJ approach throughout the entire university, but it might be more practical to establish a program through a college, department, or class rather than at the larger level. Anderson writes, “The introduction of restorative justice is, in many ways, an attempt to reduce the critique of racism and to minimize the reliance on traditional pedagogies. However, when this process is used to “fix” the problems that institutions of higher education neglect, restorative justice is more likely to be co-opted and dangerously misused.”23
Although RJ is a powerful tool for conflict resolution, when limited to just a solution to a conflict, rather than a complete restructuring of power it loses some of its value as well as its potential. In order to restoratively solve a conflict the relationships 23 Edward Charles Valandra and Robert Yazzie, Colorizing Restorative Justice: Voicing Our Realities, 139.
and trust must already be developed within that specific community setting. Anderson points out that “By focusing only on conflict management, institutions of higher education fail to build community.”24 Restorative communities are equally applicable to positive and enriching community building, as they are to conflict resolution. The Cipher
Abdul-Malik Muhammad discusses how men of color are disproportionately discriminated against within the school system. He writes about the ways young boys respond to the indifference and abandonment of the school system. Oftentimes African American boys are more harshly disciplined than their white counterparts. On the other end of the extreme, males can sometimes be neglected and simply not invested in by the school system. In the sense that they will not be provided with the same
24 Edward Charles Valandra and Robert Yazzie, Colorizing Restorative Justice: Voicing Our Realities, 147.
amount of opportunities or even be provided with the same amount of attention from teachers. As a response to this structurally racist system, Abdul-Malik Muhammad discusses the creative expression that youth use to deconstruct and escape this entrapping hierarchical power structure. He explains that, “The cipher is a uniquely pan-indigenous phenomenon that urban youth adapted to the modern context as a dynamic way to express themselves.”25 Ciphers are forums for creative expression including music, rap, dance etc, in which young people can achieve a level of authenticity that youth cannot reach within the structure of school. So ciphers are more common during unstructured time at places like parks and street corners etc. This example of implementing RJ in schools is vastly different from almost all of the other examples, which were all led by an authoritative figure in the school. In every other example there is a common obstacle in distributing power, 25 Edward Charles Valandra and Robert Yazzie, Colorizing Restorative Justice: Voicing Our Realities, 210.
whereas in this example restorative community building grows naturally from students rather than from an authority figure. The example of the cipher displays that RJ is transferable to settings that are not conflict resolution related. Rather, restorative practices can dismantle traditional power structures, and promote a healing community.
Conclusion
The implementation of RJ in schools aims to deconstruct traditional power structures, and punitive disciplinary systems. Across the three K-12 case studies there were common themes of relationship building, an increased sense of community in both students and teachers, and an increase in effective conflict resolution. The results were optimal when there was collaboration between students and teachers to establish the norms and decide on a conflict resolution procedure. To optimize results, it was also crucial that the teachers were given proper professional
development on RJ strategies, and this method of teacher-student led processes was more successful than the involvement of exterior RJ programs. Although the exterior RJ coordinators were useful for training the teachers, ultimately an RJ conflict resolution system is best created within a community setting. Overall, restorative conflict resolution created equitable and transformative conflict resolution for students of color, specifically African American and Latinx students. If for no other reason than RJ necessarily deconstructs these systemic power imbalances and allows students of color to have more agency in their learning, as well as in the dispute process. Another product of the restorative practices was teacher and student empowerment. Although it is unclear whether teacher empowerment was a byproduct or intended result of implementing restorative practices, there were multiple cases where teachers were given more ownership over their conflict resolution strategy than in previous punishment based disciplinary systems. However, in the first case study for example,
the opposite effect can occur when the restorative practices are outsourced to an exterior organization outside of the community. This causes obstacles because it is not consistent with the basic principles of RJ. Necessarily for the restorative practices to be productive and beneficial there needs to be complete participatory practices and community based decision making. If this community space is not established and the relationships are not thoroughly developed, restorative practices are limited within an institution that remains hierarchical. The schools that found success still maintained hierarchical power structures, but there is a gradient, and the implementation was most successful when students and teachers were involved in decision making. In the example of the Cipher, students successfully created a nonhierarchical space that encouraged self expression and creativity through music and dance. Restorative justice is not a one size fits all solution to problematic school environments, and institutionalized racism within the school system. However, when
it is thoroughly incorporated into the school community, it has the power to deconstruct the hierarchical power dynamics, and traditional disciplinary measures that are perpetuated in the school system.
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