KU, Lawrence police draft agreement on sexual violence procedures

A new agreement between Kansas University and the Lawrence Police Department aims to firm up how the two should — and shouldn’t — work together when it comes to sexual violence investigations.

KU and police say they’ve had a good yet informal working relationship for years. They’ve now unveiled a memorandum of understanding, which the City Commission is expected to approve Tuesday night.

Acts of sexual violence — defined in the agreement as rape, sodomy and sexual battery — are illegal under Kansas law and also against KU policy.

Police conduct criminal investigations that could lead to a suspect being convicted in court and sent to jail.

KU’s Office of Institutional Opportunity and Access investigates sexual misconduct policy violations that could lead to an accused student being expelled from school.

Both entities want victims to report and endeavor to thoroughly and confidentially investigate.

But here’s a worst-case-scenario of what could happen with no communication:

A woman who was raped reports it immediately to both police and KU. Police hope to surprise the suspect with a search or arrest warrant, but KU contacts him first and informs him someone has accused him of rape. The man might destroy evidence or skip town before police could execute their warrants, possibly ruining a criminal case.

The memorandum of understanding suggests that police and KU alert one another to cases they’re pursuing so they don’t step on each other’s toes, said Sgt. Trent McKinley, Lawrence police spokesman. Police would not hand over much to KU, however.

“We can’t share all those investigative details with them because they’re outside of law enforcement,” McKinley said. “But we do need to give them a heads up.”

Key points of the agreement:

• It applies in sexual violence cases where the victim is a KU student. The victim’s written consent is required for KU or police to share information with the other, as below.

• If needed to prevent KU from inadvertently interfering with a criminal investigation, police will tell KU the victim’s name and cursory information about the incident. KU will delay action on its own investigation if possible — although in certain cases, rules governing KU may require the university to take immediate action to protect the victim or keep campus safe despite a criminal investigation.

• Upon receiving a report, KU will give the victim’s name and basic incident information to police. KU will inform the victim of her right to pursue a criminal prosecution and, if she wishes to do so, help her contact police.

• Likewise, police investigators will “strive” to provide victims with an information sheet, provided by KU, highlighting KU’s process and campus resources available to her.

The memorandum also lists procedures for sharing crime statistics, working together on emergency notifications and crime alerts, and collaborating on education and training.

In addition to the resulting document, creating it was valuable for KU and police, said Tim Caboni, KU vice chancellor for public affairs.

“KU learned a lot about how LPD investigates and handles instances of sexual violence, and LPD gained a better understanding of KU’s federal obligations under Title IX and the Clery Act,” Caboni said in a statement. “So together, we all have a better understanding and appreciation for each other’s roles and responsibilities as they relate to sexual violence.”

Title IX, the federal law prohibiting sex-based discrimination in education, requires universities to investigate and prevent sexual harassment, including incidents of sexual violence. The federal Clery Act requires universities to report crimes that happen on campus and alert students to immediate threats to campus safety.

KU believes it is ahead of the curve in creating a sexual violence-specific memorandum of understanding with local law enforcement.

Caboni said they looked at a number of communities nationwide and did not find similar agreements. KU and police have been working on the memorandum of understanding since the fall, months prior to January, when the White House issued a template for such agreements.

For crimes that occur on campus, the KU Office of Public Safety has jurisdiction rather than Lawrence police.