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Author: Nigel Brunsdon

Roadblocks to Using Restorative & Transformative Responses

Written by Nigel Brunsdon on . Posted in Roadblocks to Using Restorative & Transformative Responses.

Some of the biggest roadblocks to using restorative and transformative justice responses in your organization are likely to be the cultural barriers you will encounter in trying to use holistic transformative processes, instead of typically punitive and shaming ones.

This is not familiar work to us. We are not used to it. It is much easier for us to see things in black-and-white, to accuse people, and to discard them as worthless once they contradict our expectations. However, the benefits of restorative and transformative responses can’t be overstated. Particularly for those of us in harm reduction, who believe faithfully in the possibility of change.

Hacks for Community Involvement in RJ & TJ Processes

Written by Nigel Brunsdon on . Posted in Hacks for Community Involvement in RJ & TJ Processes.

Restorative and transformative justice processes are holistic in their approach to conflict and escalated or harmful situations. This means they aim to address all affected parties—those directly involved, and all others who are more laterally impacted. For harm reduction service providers this can sometimes be the entire community of participants.

  • Designate calm point people—these may also be your Community Ambassadors.
  • Make space for community members to share the impact of the event or situation.
  • Create—and invite community members to join—a hearing or accountability board.
  • Have community debriefs, particularly when an escalated event directly impacts others because they witnessed or experienced the event.

Hacks for Organizational Accountability & Transparency Using Restorative and Transformative Justice

Written by Nigel Brunsdon on . Posted in Hacks for Organizational Accountability.

Organizational response to escalated or harmful events must include consideration for the community of people who witnessed or were otherwise impacted by the situation. It’s extremely important to be as transparent as possible and to make next steps, timelines, and expectations really clear to everyone involved.

Organizational response might include an all-community meeting, informing people about what’s going on and making space for people to vent about how they’re feeling. Long-time harm reduction leaders say that in the middle of a crisis, you are at a crossroad as an organization; you can either use it as an opportunity to heal and pull in your community thereby strengthening it or it can be the thing that fractures it. But whatever you do, be cautious, because escalated or harmful situations can have a way of getting out of hand and harming more than the people immediately party to them.

Participant Grievances: Appeal

Written by Nigel Brunsdon on . Posted in Hacks for Participant Grievances.

If the participant is not satisfied with the outcome, they may have the option to appeal, depending on the process established by the program or organization.

Instructions for appeal should be clear and explained in detail to the participant at the time that the action plan is activated.

Participant Grievances: Community Restorative Action Plan

Written by Nigel Brunsdon on . Posted in Hacks for Participant Grievances.

In addition to individual restorative action, it may be necessary to restore the community or, where possible, transform it in such a way that similar issues are avoided in the future.

This can look like a lot of things and really depends on the community and the issues at hand. No matter what, it’s important to think about how the community may be impacted by escalated situations and to try to make room for those impacts to be addressed, and to document any decisions regarding community restorative action.

Participant Grievances: Individual Restorative Action Plan

Written by Nigel Brunsdon on . Posted in Hacks for Participant Grievances.

Based on the investigation and any hearings, a decision is made regarding how individuals can take restorative action. For those who have been harmed, this may include support or other services, and for the person who has done harm it may include a range of actions, depending on the concern and severity.

There are no absolutes, but it’s important to ensure that the action plan includes listening to the person who has been harmed.

Participant Grievances: Hearing or Meeting

Written by Nigel Brunsdon on . Posted in Hacks for Participant Grievances.

Once an investigation has been completed and you’re ready to have a formal community meeting or hearing about it, it is time to call the stakeholders in, along with representatives to discuss the findings.

Ideally this meeting should allow all parties to be heard and given the opportunity to tell their story and/or take responsibility for their part in the issue at hand. These gatherings should be facilitated by neutral parties to ensure they remain respectful and productive. Many experienced harm reduction leaders shared stories of participant-involved processes as being the fairest and most respected by community members.

Under all circumstances the person bringing the grievance should have someone with them to represent their interests. This can be someone of their choosing; it may be a staff member or another appropriate outside party. All parties should receive an explanation of the process, any related logistics, and their rights and responsibilities.

Plans for individual restoration, and possibly community restoration, should be developed during or directly after this meeting. They should support change and repair for all involved, as much as possible. The plans should be specific, clear, and actionable.

All parties should receive written records of what took place, what decisions were made, and what they can do if they are not satisfied with the outcome.

Participant Grievances: Investigation

Written by Nigel Brunsdon on . Posted in Hacks for Participant Grievances.

Once you have acknowledged the concern, it’s important to move forward with as impartial an investigation as possible, as soon as possible, in order to gather facts and evidence related to the grievance. This may be a short process—reviewing an internal video record, for example—or it may be longer and involve interviews, document reviews, and other fact-finding activities. It is important to ensure that all parties to the incident are heard, in order to establish fairness and impartiality, and to restore the community to relative harmony. This includes the complainant(s), the person(s) being complained about, and any bystanders or witnesses. This may be quite formal, or it may be as easy as a conversation or two.

You may choose to involve any of your boards or committees in your investigation at your discretion, so long as it is consistent with your established policies. As discussed, investigations into participant grievances will vary wildly based on the gravity of the accusations, so follow the relevant protocol as developed by any governing body(s).

Also, look at the context of concerns: Who are the people involved? What systemic issues, power imbalances, or cultural differences between the parties might impact their interactions? These can help all parties understand the situation, resolve it peaceably, and create a stronger community.