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Restorative Justice

Restorative Justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that allow all willing stakeholders to meet, although other approaches are available when that is impossible. This process can lead to the transformation of people, relationships, and communities.

Who We Are

McCarthy Lebit’s education law & student defense attorneys provide representation to complainants and respondents in college code of conduct violation cases across the country. We understand how complicated these cases can be and we have years of experience serving students and their families in these difficult matters.

How We Help

In a typical student misconduct scenario, an accused student risks suspension or expulsion from school without accepting responsibility for their actions. The harmed individual(s) may feel safer if the accused is sent away, but never obtains any acknowledgment of the damage that occurred. Additionally, the institution never addresses the underlying issues contributing to the misconduct and how the institution’s values were disregarded. In the end, all involved parties often feel dissatisfied.

Restorative justice facilitators select from three different systems: prevention circles, response conferences, and restorative justice boards. These interventions focus on understanding the harm caused, how to repair the harm, how to prevent reoccurrence, and how to ensure safer communities. By applying the correct restorative justice model, the injured party can heal from the harm and the offender can take responsibility and accountability for their behaviors, all while knowing there is room for healing and reintegration.

Who We Represent

In our experience, restorative justice processes are helpful for students who have been charged with or were identified as the victim of any of the following:

  • Alcohol and Drug Cases
  • Bias and Forms of Gender, Race, Religion, and National Origin Harassment
  • Bullying and Hazing Incidents
  • Plagiarism Charges and Academic Misconduct Matters
  • School Violence
  • Sexual Offenses
  • Telecommunication (Social Media) Harassment
  • Vandalism and Other Property Offenses

While restorative justice shares similarities with mediation, there are significant differences.

Restorative justice works to establish accountability through a collaborative process rather than adversarial one. Offenders must commit to taking full responsibility for their actions. There can be no victim-blaming or non-admission of guilt. Additionally, co-facilitators spend significant time before the formal session to make certain it is productive. Strict guidelines are established to prevent revictimization and to ensure all participants have an equal opportunity to participate and be heard.