Sexual harassment and restorative justice : a transformative approach to addressing sexual harassment claims

Abstract

In this thesis, I argue that using principles of restorative justice as a guide in the resolution of sexual harassment claims is more efficacious than a traditional retributive approach. I support this claim by synthesizing the work of Phillip Hallie, Josiah Royce and Martin Buber in order to come to a comprehensive definition of human dignity. In addition, I use the concept of Beloved Community and agape of Dr. Martin Luther King, Jr. in order to illustrate the link between human dignity and community. Finally, I use Bishop Desmond Tutu's work with Truth and Reconciliation Commission after the fall of apartheid in South Africa as a model for a restorative justice approach to sexual harassment claims. In order to illustrate my claim, I employ two hypothetical fact patterns to demonstrate the relative advantages of a restorative justice process versus a retributive justice process. Cherrystone State University demonstrates a retributive process and Magnolia State University demonstrates a restorative process.