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
S
Introduction
S The role of campus law enforcement and local law enforcement with
respect to Title IX
S Divided loyalties of a campus law enforcement unit
S The difference between crimes and civil rights violations
S Potential obstruction of justice issues when a campus investigation
overlaps with a criminal investigation
S The Title IX promptness requirement and the challenge of obtaining
evidence from local law enforcement
S Reporting sexual assaults to law enforcement – obligation or violation
S This panel will also explore the intersection of the Clery Act with Title
IX, and the upcoming SaVE Act
Divided loyalties
S Dean of students,
S Police officer,
S Conduct officer,
S Victim advocate,
S HR officer,
S Counselor,
S Title IX Coordinator, S Lawyer,
S Compliance officer,
S Risk manager
Divided Loyalties
S Who is responsible for making sure we follow Title IX
regulations?
S Why type of security or law enforcement do you have on
campus?
S Local Police,
S State Police,
S Highway Patrol,
S Special Jurisdiction Police,
S Sheriffs
Divided Loyalties
S Dealing with non-campus law enforcement
S What does your MOU say? Do you have one?
S Where do you have high rates of campus incidents? Do these
departments understand your obligations?
S Relationship building
S Campus law enforcement
S Joint trainings
S Are they notifying complainants of the grievance procedure, as
well as the Title IX Coordinator?
Crimes vs. Civil Rights
S Was a law broken? Was Title IX violated?
S These are different, but overlapping questions.
S Different mindsets:
S Crimes: accusations & punishment
S Civil rights: remedy, equity, restoration; “eliminate, prevent,
address”
S Different evidentiary standards:
S Criminal: proof beyond a reasonable doubt
S Civil Rights: preponderance of the evidence, more likely than
not.
Obstruction of Justice
S What are some potential issues?
S How prompt is prompt?
S Investigative techniques that interfere with investigations.
S Who does the investigation?
S What does your MOU say?
S Temporary suspension of fact-finding.
S Investigators becoming agents of the police.
Collaboration
S Barriers to overcome:
S Different language and experiences
S Lack of understanding on both sides
S Various reporting structures
S Adversity
S Tips for working together:
S Joint trainings
S Outreach
S Use your network