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, Police officer, Conduct officer, Victim advocate, HR officer, Counselor, Title IX Coordinator, Lawyer, Compliance officer, 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: Tips for working together: Different language and experiences Lack of understanding on both sides Various reporting structures Adversity Tips for working together: Joint trainings Outreach Use your network