Alternatives for promoting school safety

Scholastic Adminstr@tor magazine (November / December 2008 edition) reported on restorative practices as a means of promoting school safety and an alternative to zero tolerance policies.

The Talk It Out Solution
How can you promote safety? Try getting rid of the metal detectors.
By Caralee Adams | November/December 2008

What makes for a safe school? Security guards patrolling the hallways? Metal detectors? Zero-tolerance policies? The answer may be none of the above: Educators are searching for new solutions to achieving harmony in the classroom and, surprisingly, they’re increasingly holistic. “There aren’t enough bars, metal detectors, or police to make a school safe if there is a culture of violence in a school,” says Ted Wachtel, founder of the International Institute for Restorative Practices (IIRP) in Bethlehem, Pennsylvania. “You need to strike at the heart of the culture.”

Trying restorative practices
One safer schools initiative making its way across the nation is the implementation of “restorative practices.” Rather than meting out punishments, restorative practices employs a talk-it-out approach to foster dialogue between aggrieved students. Students are taught basic social skills to problem-solve and lower the tension in schools. One premise of the strategy is that kids feel safe when there is cooperation instead of hostility; another is that kids who feel valued and connected at school are less likely to act out. Many administrators around the country are investing in restorative practices programs to build a healthy school climate in hopes of fending off violence and improving academic performance.

Restorative practices places responsibility on the students themselves rather than relying on zero tolerance and authoritarian control from above. It uses a collaborative response to wrongdoing, which is intended to be supportive, not demeaning.

Read the rest of the article here.

A "Lite Brite" moment

On March 31, 2007, the enhanced punishment provisions of "An Act Further Regulating Driver Education and Junior Operator’s Licenses" (signed January 3, 2007) went into effect. (See http://www.mass.gov/legis/laws/seslaw06/sl060428.htm)

"State officials" said, "The new law is meant to create a zero-tolerance environment for speeding or other unsafe driving by teenagers." ("Young drivers face stiffer penalties starting today," Boston Globe, 3/31/07; http://www.boston.com/news/local/articles/2007/03/31/young_drivers_face_stiffer_penalties_starting_today/)

On Saturday night, while discussing the absurdity of a law that sends a polite, teen who was only going 7 miles an hour over the limit to "Road Rage" classes; WTTK's Michael Graham referred to it as "a Lite Brite moment".

Meanwhile, last night, Peter "Zebbler" Berdovsky and Sean Stevens were on Fox News Channel's "Geraldo at Large;" still apologetic for the inconvenience the ATHF Mooninites caused in the Boston area. Zebbler urged us to have open discussions about the causes of the fear that led to an L.E.D. cartoon causing roads, waterways and public transportation to be closed. Stevens suggested that we need to consider whether we want more love or more fear.

I have found that often the administration of zero tolerance policies result in actions with zero intelligence. I hope we can add some intelligence to the Junior Operator’s Licence policy and the justice system overall by looking to Restorative Justice principles (as the AG mentioned in her nolle prosequi documents in the Charlestown District Court and at her May 11, 2007 press conference). Restorative Justice and other diversion programs examine the specific needs of offenders like the teen whom Graham was discussing.

It would serve our society better if we were to explore opportunities for expanding justice, tolerance and education. We need to shift the emphasis from fear and punishment toward "a better way" of dealing with danger and harm. (See "Your View: Another way to handle hazing," Robert E. Heskett, New Bedford Standard-Times, May 22, 2007, http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=2007705220314.)

Your opinions sought

Yesterday morning on Fox & Friends, Peter "Zebbler" Berdovsky and a legal analyst from NYC were asked if "the punishment fit the crime".

Since there was NO crime and NO punishment, I won't ask that question; but, rather whether, considering what happened (as summarized below), you think the resolution was fair:

- You remember the traffic delays and concern when the media called what was going on in and around Boston on January 31, 2007, a "bomb scare" or "terror alert".

- Berdovsky and Sean Stevens were arrested that night, charged with a felony and a misdemeanor, held overnight and released from Charlestown District Court on bail the following morning.

- Their families were required to tie up $5000 bail for 2 1/2 months while the defendants' charges were pending.

- The costs of the public safety operations were estimated at $1.2 million.

- Turner Broadcasting (parent company of the Cartoon Network, which hired Interference Inc., which in turn hired Berdovsky & Stevens) apologized and paid $2 million to the Cities of Boston, Cambridge, Somerville & Charlestown and to the MBTA Police.

- Since Berdovsky and Stevens did not have "intent to cause anxiety, unrest, fear or personal discomfort to any person or group of persons" (http://www.mass.gov/legis/laws/mgl/266-102a.5.htm) and since there was a recognized, legitimate purpose, protected by the First Amendment, in the actions they took, they should not have been able to be found guilty of the charges brought.

- Berdovsky performed 80 hours of community service and Stevens performed 60 hours at the Spaulding Rehabilitation Hospital (with excellent reports from SRH of their work and commitment there).

- They both apologized for the fear, confusion and inconvenience that the ad campaign caused here but that they did not foresee and could not have anticipated.

- On May 11, 2007, the Attorney General nolle prosequied the charges, ending the case.

- She asserted that the resolution was better for all involved than would have been the result if they had proceeded to trial rather than the "Restorative Justice" (see http://www.macucc.org/emj/restorative_justice.htm) disposition that was agreed upon.

So, was it a fair resolution?

Or, in Restorative Justice terms: Did it return the injured parties, the actors and the community to their positions before the harm and restore them to right relationship with each other?

[In future blog posts I will be relating the facts of children's and family law cases (mine and others) and seeking your opinions about the fairness of those resolutions.]

Boston Mooninite Charges Dropped

Berdovsky and Stevens (pictured at left) were arrested on the day of the incident (1/31/07) and charged with placing a hoax device to incite panic, a felony charge that carries a five-year maximum sentence, and one count of disorderly conduct, a misdemeanor.[17] At their arraignment on 2/1/07 Both pleaded not guilty to the two charges and were later released on a $2,500 cash bond.[2]

At the arraignment Assistant Attorney General John Grossman claimed that the two were trying to "get attention by causing fear and unrest that there was a bomb in that location."[20] Michael Rich, the lawyer representing both men at the time, disputed Grossman's claim, asserting that even a VCR could be found to fit the description of a bomb-like device.[20] Judge Leary said that it will be necessary for the prosecution to demonstrate an intent on the part of the suspects to cause a panic. The judge continued "It appears the suspects had no such intent, …but the question should be discussed in a later hearing." [20]

A small crowd of supporters gathered outside of the courthouse that day to protest the perceived overreaction by authorities. At a press conference held outside of the courthouse following their release on bail, Berdovsky, Rich and Stevens refused to comment on the case. Berdovsky and Stevens instead insisted on discussing only hairstyles of the 1970s, prompting annoyed comments and accusations of apathy from the press.[8]

Rich and Berdovsky had Attorney Walter Prince and his associate Attorney Jeffrey Pyle of Prince, Lobel, Glovsky & Tye join the defense team on behalf of Berdovsky and negotiations ensued with the Massachusetts Attorney General's office. Between subsequent court appearances on March 7 and 30, 2007, Rich introduced the concept of Restorative Justice (see http://www.macucc.org/emj/restorative_justice.htm) to the negotiations. Bersdovsky and Stevens voluntarily performed data entry, clean up, graphic design and video editing work for Spaulding Rehabilitation Hospital between March 30th and May 10th.

On May 11, 2007, the prosecutors dropped the charges after the men completed 60 and 80 hours of community service and read apologies in court. (See http://www.ago.state.ma.us/sp.cfm?pageid=986&id=1889 and http://www.ago.state.ma.us/filelibrary/Nolle%20Prosque.MP3) [22]

http://en.wikipedia.org/wiki/2007_Boston_Mooninite_Scare