ATIXA Inaugural National Conference June 23-24, 2012 Panelists Brian Emerson, Dean of Student Affairs, Notre Dame College Marlon Lynch, Associate Vice

ATIXA Inaugural National ConferenceJune 23-24, 2012

PanelistsBrian Emerson, Dean of Student Affairs, Notre Dame College

Marlon 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

Law Enforcement and Title IX

Challenges and Collaborative Opportunities

Coordination with Local Authorities


Coordination with local authorities is often a source of tension


Coordination of Local Authorities

• Campus Public Safety

• Local Police

• Student Affairs

• Prosecution

• Advocates


• 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


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


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


Successes

• Pre-coordination

• Close coordination when incident reported


• 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

• 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


• “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

Victims’ Reluctance to Report



• 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


• 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 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)


• 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)


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...”

Law Enforcement and Title IX

Comments, Questions

and

Answers

Documents

ATIXA Inaugural National Conference June 23-24, 2012 Panelists Brian Emerson, Dean of Student Affairs, Notre Dame College Marlon Lynch, Associate Vice