Last Updated on September 3, 2024 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
Why can’t restorative justice replace suspension or expulsion all the time in schools? When is it just not enough? What if the student victims want more punishment?
When Restorative Justice Definitely is NOT Enough?
There are times when restorative justice is ill-advised, and just plain wrong. It could even be damaging. For example, restorative justice is clearly not enough where there is serious violence, a firearm, or a mandatory expulsion recommendation.
It is also not good if the students are not somewhat equal in their culpability, such as in a bullying situation. With severe bullying, the bullied student usually did nothing. If restorative justice proceeds, there is zero to “restore” as the bullied student did nothing but exist. One party is the perpetrator.
Restorative justice in this situation can actually traumatize the bullied student and increase their fear.
Or, if a student is sexually assaulted on campus by another student, now is not the time to resort to restorative justice. Facing an assaulter across a school table to relive the assault can be damaging for a student victim.
Restorative justice is only adequate in minor situations. It should be reserved for small student tiffs which can be remedied through good collaboration and communication between students.
Is Restorative Justice Voluntary?
Restorative justice should be voluntary. However, students may be pushed to take part in it, even when not ready.
Situations can exist where, for example, a bullied student does not want to be anywhere near the bully, but are cajoled by school staff to enter a restorative justice session.
Or, perhaps the parents would object to the restorative justice. However, before parents are consulted, the student is already pushed into a meeting. Students may be pressured by the vice principal or school counselor, who may manipulate them to participate, even if it is traumatic for the student victim.
It is a rocky difficult road.
Ultimately, restorative justice should never be forced, and students should not be gaslit or guilt tripped into participating. It is a decision they should make with their parents, away from school and pushy school staff.
What Parents Can Do When They Want More Punishment?
If parents wish a student to not “get away with it” or to have more happen than just restorative justice, the parents can ask for more punishment. If their pleas are not met, they can go higher and higher up the school food chain.
Parents can also provide the evidence of why restorative justice is not enough, such as showing clear proof of violence or acts that warrant suspension or expulsion under the Education Code. They can also report new situations (put it in writing/email) where the student is yet again a victim at the hands of the other student.
Squeaky wheels can get more movement than silent ones, and parents need to communicate, in a polite, logical way, to persuade the school or district to act.
Student attorney Michelle Ball assists with school discipline issues, suspension removals, and other student problems. As a lawyer located in Sacramento, California, she can stretch across the state to San Diego, Tahoe, Marin County, Sonora, Roseville, and many other locations.
