Policing Misconduct and the Rule of Administrative Law in North American Universities

Augustine Brannigan, University of Calgary
Erin Gibbs Van Brunschot, University of Calgary

ABSTRACT
The social concerns over the prevalence of harassment (individual, sexual and racial) in contemporary universities has created an administrative regime of policing and control. While this may effectively achieve the goal of restorative justice at the individual level through informal dispute resolution, it raises grave questions in respect of individual culpability, personal conscience and social policy when pursued in the context of formal university policies. We argue that the goals of restorative and transformative justice may be inconsistent, and that the levels of analysis (individual versus collective) may subvert the relative autonomy of the legal order.

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Updated 05/20/2006