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




                                     @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


© Margolis Healy & Associates, LLC
Challenge # 1




                   Many “touch points” are
                   both positive and
                   potentially negative


© Margolis Healy & Associates, LLC
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
© Margolis Healy & Associates, LLC
Many Touch Points


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


© Margolis Healy & Associates, LLC
Many Touch Points

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



© Margolis Healy & Associates, LLC
Challenge #2




         Coordination with local
         authorities is often a source
         of tension


© Margolis Healy & Associates, LLC
Coordination w/local authorities


            • Campus public safety
            • Local police
            • Student Affairs
            • Prosecution
            • Advocates
© Margolis Healy & Associates, LLC
Coordination w/local authorities


            • 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



© Margolis Healy & Associates, LLC
Coordination w/local authorities

         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

© Margolis Healy & Associates, LLC
Coordination w/local authorities



         Successes
                  • Pre-coordination
                  • Close coordination when incident
                        reported




© Margolis Healy & Associates, LLC
Coordination w/local authorities

            • 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



© Margolis Healy & Associates, LLC
Coordination w/local authorities


            • 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




© Margolis Healy & Associates, LLC
Coordination w/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
© Margolis Healy & Associates, LLC
Coordination w/local authorities


            • “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


© Margolis Healy & Associates, LLC
Challenge #3




                  Access to on & off
                  campus support
                  services


© Margolis Healy & Associates, LLC
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



© Margolis Healy & Associates, LLC
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

© Margolis Healy & Associates, LLC
Challenge #4



                   Lack of
                   understanding/knowle
                   dge about gender/sex
                   crimes

© Margolis Healy & Associates, LLC
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



© Margolis Healy & Associates, LLC
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)
© Margolis Healy & Associates, LLC
Opportunities for Success


            • Collaboration
            • Communication
            • Coordination
            • Capitalization
© Margolis Healy & Associates, LLC
Contact




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




© Margolis Healy & Associates, LLC

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

  • 1. Defining Roles & Confronting Conflict Gary J. Margolis, Ed.D.
  • 2. TWEET TWEET @margolishealy #vawdallas2012 © Margolis Healy & Associates, LLC
  • 3. Agenda • Campuses have unique challenges due to climate, environment and culture • We can overcome these challenges • Collaboration, communication, coordi nation and capitalization are keys © Margolis Healy & Associates, LLC
  • 4. Challenge # 1 Many “touch points” are both positive and potentially negative © Margolis Healy & Associates, LLC
  • 5. 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 © Margolis Healy & Associates, LLC
  • 6. Many Touch Points Challenges • Poor collaboration leads to cross purposes and poor support for survivors • Different institutional policies regarding reporting complicates the process © Margolis Healy & Associates, LLC
  • 7. Many Touch Points Successes • Strong collaboration (before incidents are reported) ensures survivor’s interest remain top priority • Advocates embedded in PD; appropriate protocols © Margolis Healy & Associates, LLC
  • 8. Challenge #2 Coordination with local authorities is often a source of tension © Margolis Healy & Associates, LLC
  • 9. Coordination w/local authorities • Campus public safety • Local police • Student Affairs • Prosecution • Advocates © Margolis Healy & Associates, LLC
  • 10. Coordination w/local authorities • 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 © Margolis Healy & Associates, LLC
  • 11. Coordination w/local authorities 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 © Margolis Healy & Associates, LLC
  • 12. Coordination w/local authorities Successes • Pre-coordination • Close coordination when incident reported © Margolis Healy & Associates, LLC
  • 13. Coordination w/local authorities • 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 © Margolis Healy & Associates, LLC
  • 14. Coordination w/local authorities • 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 © Margolis Healy & Associates, LLC
  • 15. Coordination w/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 © Margolis Healy & Associates, LLC
  • 16. Coordination w/local authorities • “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 © Margolis Healy & Associates, LLC
  • 17. Challenge #3 Access to on & off campus support services © Margolis Healy & Associates, LLC
  • 18. 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 © Margolis Healy & Associates, LLC
  • 19. 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 © Margolis Healy & Associates, LLC
  • 20. Challenge #4 Lack of understanding/knowle dge about gender/sex crimes © Margolis Healy & Associates, LLC
  • 21. 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 © Margolis Healy & Associates, LLC
  • 22. 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) © Margolis Healy & Associates, LLC
  • 23. Opportunities for Success • Collaboration • Communication • Coordination • Capitalization © Margolis Healy & Associates, LLC
  • 24. Contact Dr. Gary J. Margolis gmargolis@margolishealy.com 1-866-817-5817 © Margolis Healy & Associates, LLC