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Law Enforcement and Title IX: Challenges and Collaborative Opportunities

Law Enforcement and Title IX: Challenges and Collaborative Opportunities. Adrienne Murray Chief , Department of Campus Safety & Chief of Police, Davidson College Marlon Lynch Associate VP for Safety and Security & Chief of Police, University of Chicago; IACLEA Designee Brian Emerson

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Law Enforcement and Title IX: Challenges and Collaborative Opportunities

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  1. Law Enforcement and Title IX: Challenges and Collaborative Opportunities Adrienne Murray Chief, Department of Campus Safety & Chief of Police, Davidson College Marlon Lynch Associate VP for Safety and Security & Chief of Police, University of Chicago; IACLEA Designee Brian Emerson Dean of Student Affairs, Notre Dame College

  2. Introduction • The role of campus law enforcement and local law enforcement with respect to Title IX  • Divided loyalties of a campus law enforcement unit • The difference between crimes and civil rights violations • Potential obstruction of justice issues when a campus investigation overlaps with a criminal investigation • The Title IX promptness requirement and the challenge of obtaining evidence from local law enforcement • Reporting sexual assaults to law enforcement – obligation or violation • This panel will also explore the intersection of the Clery Act with Title IX, and the upcoming SaVEAct

  3. Divided loyalties • Dean of students, • Conduct officer, • HR officer, • Title IX Coordinator, • Compliance officer, • Police officer, • Victim advocate, • Counselor, • Lawyer, • Risk manager

  4. Divided Loyalties • Who is responsible for making sure we follow Title IX regulations? • Why type of security or law enforcement do you have on campus? • Local Police, • State Police, • Highway Patrol, • Special Jurisdiction Police, • Sheriffs

  5. Divided Loyalties • Dealing with non-campus law enforcement • What does your MOU say? Do you have one? • Where do you have high rates of campus incidents? Do these departments understand your obligations? • Relationship building • Campus law enforcement • Joint trainings • Are they notifying complainants of the grievance procedure, as well as the Title IX Coordinator?

  6. Crimes vs. Civil Rights • Was a law broken? Was Title IX violated? • These are different, but overlapping questions. • Different mindsets: • Crimes: accusations & punishment • Civil rights: remedy, equity, restoration; “eliminate, prevent, address” • Different evidentiary standards: • Criminal: proof beyond a reasonable doubt • Civil Rights: preponderance of the evidence, more likely than not.

  7. Obstruction of Justice • What are some potential issues? • How prompt is prompt? • Investigative techniques that interfere with investigations. • Who does the investigation? • What does your MOU say? • Temporary suspension of fact-finding. • Investigators becoming agents of the police.

  8. Collaboration • Barriers to overcome: • Different language and experiences • Lack of understanding on both sides • Various reporting structures • Adversity • Tips for working together: • Joint trainings • Outreach • Use your network

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