ABSTRACT

This chapter addresses the most common concerns raised about using restorative justice (RJ) for campus sexual misconduct cases. This includes risks of participation for respondents and complainants and the risks associated with an institution taking a nondisciplinary response. Although there is a significant amount of theoretical literature and trainings on the use of RJ in higher education for cases of sexual and other gender-based harm, it is in many ways still early in its practical use. The chapter also addresses many of the most common philosophical, process, and legal concerns around Rj in cases of sexual misconduct. RJ as an accountability process option cannot simply be a meeting with a verbalized apology. The process cannot appear to be, or be, an “easy way out.” Victims-survivors who chose an RJ diversion program within the criminal legal system have reported the same justice desires and reported high levels of satisfaction at the end of the accountability process.