Little Book of Restorative Justice for Colleges and Universities: Repairing Harm And Rebuilding Trust In Response To Student Misconduct
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Little Book of Restorative Justice for Colleges and Universities - David R. Karp
1.
Introduction: The Story of Spirit Horse
Horse rustling is not the kind of trouble typically caused by college students. But Skidmore College is located in Saratoga Springs, a small city in upstate New York that is known for its high-society thoroughbred racetrack. The population triples in the summertime, and the downtown streets become as bustling and lively as Greenwich Village.
A few years ago, the Saratoga County Arts Council launched a project that decorated the town with life-size fiberglass horses painted by local artists. One of the more interesting horses, called Spirit Horse, appeared to be passing through the large plate-glass window of an antique shop. The statue, cut in half, stood regally on the sidewalk with its rear end inside the store on the other side of the glass. The horse had two glowing green eyes that lit up at night, adding to the spectral mystique.¹
Late one night, a Skidmore student was returning from the nearby bars and decided he wanted Spirit Horse for his very own. He was able to wrench the front half from its pedestal on the main thoroughfare and was also easily observed by a taxi driver and other witnesses. Police arrived while he was still sweaty and out of breath from hauling it to his second story walk up.
Restorative justice is a collaborative decision-making process that includes victims, offenders, and others who are seeking to hold offenders accountable by having them (a) accept and acknowledge responsibility for their offenses, (b) to the best of their ability, repair the harm they caused to victims and communities, and (c) work to reduce the risk of reoffense by building positive social ties to the community.
Though this was a minor incident along the continuum of crimes, college administrators were not pleased to read the front page headline, Skidmore student is charged in theft of decorative horse.
They were rightly concerned this would reinforce a community perception of our students as selfish, over-privileged, and a nuisance.
As a restorative facilitator for this case, I was able to host a restorative justice dialogue with the key stakeholders including the student, the artist, the antique shop owner who had paid for the horse, and the arts council director. As is typical of our process, we worked through the case as a campus disciplinary matter before it was handled in the criminal court. There he had been charged with third degree grand larceny and possession of burglary tools—a wrench and pliers.
The beginning of a conference includes storytelling by the offender and each of the harmed parties. The arts council director was surprised to learn, for example, that the student had worked for his hometown’s arts council the summer before. With a mixture of remorse and embarrassment, the student revealed that one of his motives in taking the horse was his appreciation for the project and his desire to have a souvenir from it. He quickly added his recognition that this was not the best way to support the arts.
When the restorative justice participants heard from the artist, it was the student’s turn to be surprised. The artist described how he had been alerted quite early in the morning after the crime and quickly went downtown to inspect the damage. Of course, he said, he was upset about the theft and damage to his artwork. However, what really upset him were the two live wires that had been ripped from the glowing eyes and left exposed on the sidewalk. He wondered aloud what would have happened had he not been there to remove them. Soon the street would have been filled with toddlers and dogwalkers. Had the student considered that, he asked.
The storytelling in a restorative justice process is designed to explore the harm caused by an offense. In this case, there was property damage and loss but also the risk created by the electrical wires, the communitywide disappointment and anger about vandalism to a public art display, and a spoiling of the reputation of the college.
Once harms are listed, the group works toward solutions that can repair the damage and restore community trust. An agreement was reached in this conference that met everyone’s concerns. The student was to be responsible for:
Restitution to the artist for costs associated with repairing and reinstalling the horse.
Restitution to the storeowner based on the cost of sponsoring the horse and the time period the horse was not on display.
Community service at the Saratoga County Arts Council.
A daily inspection and cleaning of the repaired Spirit Horse
for the duration of the exhibit.
Writing a letter to students moving off campus about being responsible neighbors (to be included in the Skidmore Student Off-Campus Housing Guide).
Undergoing an alcohol evaluation.
Organizing an alcohol-free social event on campus.
Impressed by the agreement reached at Skidmore, the Saratoga district attorney negotiated a sentence called Adjournment in Contemplation of Dismissal.
This meant that the student would admit guilt, but as long as he complied with the restorative agreement and stayed out of trouble for six months, his