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Law Enforcement and Title IX Challenges and Collaborative Opportunities

Law Enforcement and Title IX Challenges and Collaborative Opportunities.

rae-mccarty
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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 ATIXA Inaugural National ConferenceJune 23-24, 2012PanelistsBrian Emerson, Dean of Student Affairs, Notre Dame CollegeMarlon Lynch, Associate Vice President for Safety & Security and Chief of Police, The University of ChicagoAdrienne Murray, Chief, Department of Public Safety and Campus Police, Davidson College

  2. Coordination with Local Authorities Coordination with Local Authorities

  3. Coordination with Local Authorities Coordination with local authorities is often a source of tension

  4. Campus Public Safety • Local Police • Student Affairs • Prosecution • Advocates Coordination of Local Authorities

  5. What are community expectations? There are actually several communities... • Do local police handle all cases? Are there appropriate protocols in place? • Is there a county-wide task force? • Does UPD handle, and if so, what about the administrative inquiry/investigation Coordination of Local Authorities

  6. Challenges • Law enforcement perspective: - Are UPD officers trained to appropriate level - Are they representing survivor, institution, or “the people?” • Adjudication perspective: - Deans want to move swiftly (Title IX) - Prosecutors want to build best possible case Coordination of Local Authorities

  7. Challenges • Police investigations are not determinative of whether sexual violence violates Title IX • Police investigations do not relieve institutions of Title IX duty to resolve sexual violence complaints promptly and equitably • Institutions cannot wait for the conclusion of a criminal investigation or criminal proceeding to begin their own Title IX investigation and, if needed, must take immediate steps to protect the student in the educational setting Coordination of Local Authorities

  8. Successes • Pre-coordination • Close coordination when incident reported Coordination of Local Authorities

  9. Develop respectful working relationship (and good contacts) with local law enforcement Both law enforcement and institution have role to play • Keep in touch with law enforcement to determine the status of their work and to let them know the status of yours • Ensure that law enforcement understands that institution has prerogative and obligation to protect campus community while law enforcement fact-gathering is in progress Coordination of Local Authorities

  10. If criminal charges are pending and you are a public institution, respondent has a due process right to have an attorney present at the hearing - Attorney serves as respondent’s advisor, not active participant (unless your hearing procedure allows for that) - Title IX demands parity for complainant and respondent, so complainant would be entitled to have an attorney present as well • Dealing with requests to hold the institution’s case in abeyance Coordination of local authorities

  11. “Double jeopardy” argument – don’t fall for it • Did the prosecutor decline to prosecute? Keep moving forward... - Note: If the criminal case is over, consider allowing respondent (and complainant) an attorney if an appeal is pending Coordination of Local Authorities

  12. Victims’ Reluctance to Report Victims’ Reluctance to Report

  13. Sexual violence myths, misperceptions and victim blaming impact the pursuit of justice... • Victims need reassurance that reporting is the right thing to do... • Ensure coordinated, compassionate and professional response for victim/survivor • Promote victim/survivor empowerment Victims’ Reluctance to Report

  14. Fear of hostile treatment/disbelief by police prevents almost 25% of college rape victims from reporting (Fisher) • Unsupportive or hostile response put victims at a higher risk for post-traumatic stress disorder & life long impacts (Kaukinen & DeMaris 2009) • NIJ estimates annual cost of sexual violence exceeds $127 billion Victims’ Reluctance to Report

  15. Victims fear re-victimization by University Judicial Process – Criminal Justice System • Don’t identify act as rape, or being a rape victim • Concerns involving offender – social circles • Family reaction • Fear of being labeled, rumors (technology) Victims’ Reluctance to Report

  16. Alcohol/drug use • Fear of hostile treatment by Police or University • Lack of confidence in reporting process • Lack of consequence for offender • Fear of being labeled, rumors (technology) Victims’ Reluctance to Report

  17. While  there  is  no  “normal”  victim  response,  most   experience  the  following  concerns  and  fears:   • “I  can’t  believe  this  is  happening...” • “It’s  my  fault...  “I’m  so  ashamed...” • “No  one  will  believe  me...” • “How  can  I  trust  anyone...” • “I  thought  I  was  going  to  die/be  killed...” • “I’m  afraid  and  so  overwhelmed...” • “What  are  people  going  to  think...” Victims’ Reluctance to Report

  18. Comments, Questions and Answers Law Enforcement and Title IX

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