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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

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 SaVE Act

Divided loyalties

Dean of students,

Conduct officer,

HR officer,

Title IX Coordinator,

Compliance officer,

Police officer,

Victim advocate,

Counselor,

Lawyer,

Risk manager

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

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?

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.

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.

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