Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Wow! A restorative circle without the teacher? This is why RJ doesn’t work in MCPS, because they butcher the crap out of it
Some general principles regarding restorative justice - Restorative justice is a process and not just a single “circle”. Circles with the perpetrator are not always appropriate particularly when the perpetrator has greater structural and social power than the victims. Sometimes it is more appropriate to work with the victims first to make sure they can feely and openly articulate their concerns. Victims have the right to decide if they want to talk with their perpetrator or not. The perpetrator cannot force the school officials to only speak with the victims in the perpetrator’s presence.
This is interesting. So if a victim is a student, regardless of age, can they still decide to not talk with the perpetrator?
In this WaPo article, a student from Whitman which experienced the use of restorative justice by MCPS after an anti-semitic incident, explains, “Restorative justice circles are great for maybe bullying or other offenses at MCPS, but acts of hate against a group of people based on the ethnicity or religion — that is not the place,” said Barold, who is Jewish. “Restorative justice is a lot about forgiving who did it. And having to sit in the same room with them. It’s really re-traumatizing victims.”
In another part of the article, it says that MCPS has a consent form for restorative justice sessions. So, yes, according to the article, apparently MCPS has a parental consent form for restorative justice participants.
Human rights activists and attorneys will tell you that, for a variety of reasons, restorative justice must be voluntary. If the victim is forced to do it with the perpetrator, it can be re-traumatizing. The school could incur additional legal liability. If the perpetrator is forced to do it with the victim, it can violate due process rights or the right not to self-incriminate. No person under age 18 should be asked to do restorative justice without the informed consent of parents.
See
https://www.washingtonpost.com/education/2023/07/15/restorative-justice-montgomery-county-schools/
IMO, this could be one reason why Engler was not asked to participate in the session. If the students complained that his behavior was racist, then it would have been inappropriate to conduct the kind of restorative justice circle that included him.
To be fair, if Engler’s position was that he didn’t do what he was accused of, if I were his attorney, I would have advised him not to participate in a restorative justice session.
The problem with restorative justice circles that involve perpetrators is that very often the perpetrator comes in and explains that he didn’t do what he’s been accused of, or even if he did it wasn’t that bad, or he did it but he didn’t mean it the way it was interpreted, or he didn’t mean the harm it caused, or the victim should accept his apology immediately and fully and excuse him from any harsh penalty. All that can just make the situation worse.
And then there’s the thorny legal problem when the perpetrator has made some kind of admission during restorative justice that can later be used against him in criminal or civil liability or professional proceedings.