MHA defining roles presentation in gender and sexual response on campus - 032612

Defining Roles &
Confronting Conflict
Gary J. Margolis, Ed.D.

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@margolishealy
#vawdallas2012

© Margolis Healy & Associates, LLC

Agenda

• Campuses have unique challenges
due to climate, environment and
culture

• We can overcome these challenges
• Collaboration, communication, coordi
nation and capitalization are keys


Challenge # 1

Many “touch points” are
both positive and
potentially negative


Many Touch Points

• Campus public safety (sworn and non-
sworn)
• Student Affairs (Dean, Residence Life, RAs)
• Health Services
• Counseling Center
• Women’s Center
• Advocates
• Off-campus resources

Many Touch Points

Challenges
• Poor collaboration leads to cross
purposes and poor support for
survivors
• Different institutional policies
regarding reporting complicates the
process


Many Touch Points

Successes
• Strong collaboration (before
incidents are reported) ensures
survivor’s interest remain top priority
• Advocates embedded in PD;
appropriate protocols


Challenge #2

Coordination with local
authorities is often a source
of tension


Coordination w/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



Successes
• Pre-coordination
• Close coordination when incident
reported



• Develop a respectful working
relationship (and good contacts) with
local law enforcement. Both law
enforcement and the institution have a
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



• While you can generally wait for police to
gather evidence, you should not wait for
the criminal investigation to reach its
conclusion.
• The timing of the institution’s review is
not up to law enforcement, but generally
the needs of both entities can be met



• 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


Challenge #3

Access to on & off
campus support
services


Access to support services

• Not all campuses have victim support
services. Survivors rely on community
resources…
• Local providers may not understand campus
processes or culture. Could lead to poor
advice or worst, further danger for the
survivor…
• Reverse also possible


Access to support services

• Successes
• On and off campus advocates work closely
together
- Some jurisdictions, advocates serve
both community and campus
(capitalization)
• Close coordination and communication
- Local support services understand
campus culture and processes
- Regular meetings to exercise a
coordinated response


Challenge #4

Lack of
understanding/knowle
dge about gender/sex
crimes


Lack of understanding &
knowledge

• Interconnected nature of gender and
sexual violence crimes
- Stalking, sexual assault, intimate
partner violence
• Failure to acknowledge the
prevalence of relationship violence


Lack of understanding &
knowledge
• Successes
• Fully informed campus constituents
(e.g., public safety, student
affairs, legal, counseling
center, health center, etc).
• VAWA Grants require joint training
• Presence of viable crime prevention
and security awareness programs
- Men Against Rape programs
- Bystander Intervention (UNH)

Opportunities for Success

• Collaboration
• Communication
• Coordination
• Capitalization

Contact

Dr. Gary J. Margolis
gmargolis@margolishealy.com
1-866-817-5817


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