Hilltop Views Viewpoints Editor Max Lillard submitted questions to University Police Chief Rudolph Rendon earlier this school year about his department’s approach to investigating sexual assault allegations. Here is the Q&A

 

What is UPD’s process for investigating allegations of assault and forcible sexual assault? Please walk us through each step from the time the student makes a complaint, through adjudication/assessing penalty or making any other changes to a student’s status or living arrangements on campus as result of the complaint.

 

“If an assault is reported to UPD, officers first work to assure the immediate safety of the victim and address any issues regarding a potential continuing threat to the community (in those cases, Emergency Notifications will likely be made). Officers will then work to preserve and collect evidence, take initial statements from survivor and witnesses and coordinate a Sexual Assault Forensic Exam by a qualified Sexual Assault Nurse Examiner at a local hospital.

Notifications will be made to the appropriate Title IX staff member to initiate an investigation into whether there are Title IX responsibilities that may apply. The Dean of Students office will also be notified to initiate an investigation into whether there are student Code of Conduct responsibilities that may apply. If the survivor chooses to prosecute the offender, a criminal case will be prepared by UPD and presented to the Travis County District Attorney’s office. Regardless of how far into the process the survivor wishes to go, UPD will refer the survivor [to the] many resources on and off campus

All actions regarding adjudication, assessing penalty, or making changes to a student’s status or living arrangements on campus take place outside of the University Police Department and I would refer you to the Dean of Students, Title IX Coordinator.”

 

According to the crime statistics released by UPD under the Clery Act for 2011-2013, there have been nine cases of sexual assault. For each case, please provide the following information: Was the case handled exclusively by UPD or, at some point, refereed to the Austin Police Department.

 

“Just for clarification, there were five, during the calendar years 2011 through 2013.

In 2011, there was one reported Forcible Sexual Assault (non-forcible only includes Incest and Statutory Rape for Clery purposes). It was in a residential facility so that one case got included in the ‘On Campus” section’ and ‘Residence Hall’ subsection per Clery reporting rules. In that case, the investigation was turned over to the Austin Police Department who suspended it because the survivor declined to prosecute. For information regarding the St. Edward’s University response from the Dean of Students office, I would refer you there.

In 2012 there were two reported Forcible Sexual Assaults. They were each in a residential facility so those two cases got included in the ‘On Campus’ section and ‘Residence Hall’ subsection per Clery reporting rules. In each of those cases, the investigation was handled by the St.Edward’s University Police Department who referred it to the Dean of Students office because the survivor declined to prosecute. For information regarding the St.Edward’s University response from the Dean of Students office, I would refer you there.

In 2013, there was one reported Forcible Sexual Assault. It was in a residential facility so that one case got included in the ‘On Campus” section’ and ‘Residence Hall’ subsection per Clery reporting rules. In that case, the investigation was handled  by the St.Edward’s University Police Department who referred it to the Dean of Students office because the survivor declined to prosecute. For information regarding the St.Edward’s University response from the Dean of Students office, I would refer you there.”

 

At what point and under what specific circumstances does UPD refer an allegation of  sexual assault to APD?

 

“There is a current Memo of Understanding (active since 2009) which outlines that APD will be notified and supervisors from both agencies will decide what if any response is needed from APD based on the resources needed to accomplish the investigative goals and to serve the community.”

  

Is there any difference in the process for investigating a sexual assault allegation in a residence hall as opposed to one alleged to have occurred elsewhere on campus? If so, please explain the differences in how UPD investigates these cases.

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“While each case is different and location is [a] key factor in evidence collection, there is no difference to how we would handle these types of cases. Challenges such as confidentiality and privacy versus safety of the community are considered in all sexual assault investigations.”

 

If a student alleges sexual assault by another student off campus, but reports this incident to UPD, what is UPD’s policy for handling this allegation?

 

“In each of those cases, the investigation will likely be handled by the Austin Police department with assistance available by the University Police Department as needed. The University Police Department will also refer the case to the Dean of Students office and initiate a Title IX investigation. For information regarding the St.Edward’s University response regarding Title IX and judicial actions from the Dean of Students office, I would refer you there. “

 

In each of the nine cases reported in compliance with the Clery Act, was the complainant asked to complete a police report for UPD? If so, with the names of the complainants and accused redacted, Hilltop Views is requesting copies of the reports. What was the outcome of each complaint?

 

“Again, there were five. The complainant is always encourage to report to UPD but they are not required [to]. The complainants in each of the five cases reported to UPD, but declined to prosecute criminally. For information regarding the St.Edward’s University response from the Dean of Students office, I would refer you there.”

 

Have students accused of sexual assault been moved from the dorm in which the assault was alleged to have occurred. or in which they or the alleged victim lives, to another dorm? If so, who or what administrative body made the decision?

 

“For information regarding the St.Edward’s University response from the Dean of Students office, I would refer you there.”

 

Will students who come forward to report sexual, who may also have been impaired during the alleged assault, be susceptible to punishments for illegal drinking?

 

“The University Police Department would not charge a person who reports they have been sexually assaulted for underage drinking if they were impaired when assaulted. They would however be referred to the Dean of Students office who would handle the educational piece of the dangers of impairment.”

 

Has any student been suspended or expelled after being suspected of sexual assault? Has any student been prosecuted off campus?

 

Suspensions and expulsions take place outside of the University Police Department and I would refer you to the Dean of Students office. University Police Department has not charged a student with Sexual Assault in the cases from 2011 through 2013, in each case they were not charged due to a lack of desire to prosecute from the survivor.

General Questions:

 

What is the University Police Department’s process for handling drug and alcohol infractions? Please walk us through each step from the time a student makes a complaint (or an officer or other SEU staffer or official reports the infraction) through adjudication/assessing penalty or making any change to a student’s status as a result of the complaint. 

 

“Drug and alcohol offenses encountered by or reported to the University Police Department are handled on a case by case basis. Minor 1st time alcohol offenses may be referred to the Dean of Students office for university judicial review under the Student Code of Conduct. Most drug violations, repeat alcohol violations and cases of extreme intoxication or dangerous behaviors are handled by custodial arrest or Travis County Justice of the Peace Court citation. The decision is ultimately left to the discretion of the officers and supervisors on the scene.

 When these violations are investigated by other St.Edward’s University staff members, University Police Department supports them by ensuring the safety of all involved and by handling (storing and destroying) any contraband that is discovered.”

 

What is the difference between On-Campus Criminal Offenses and Criminal Offenses of Public Property?

“These are defined by the Clery Act, Handbook for Campus Safety and Security Reporting as follows:

On-Campus:

Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property  that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

Student Housing Facility:

Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an On-campus student housing facility. 

Public Property:

All public property, including thoroughfares, streets, sidewalks and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.”

 

If a student lives across the street from St.Edward’s and his or her house is burglarized, could UPD act if the burglary is reported to UPD by the student? Or does jurisdiction for UPD reside on campus only?

“The Texas Education Code allows for peace officers at private institutions of higher education to perform their duties anywhere in the county when in the educational interests of the university. With that said, most calls for police service originating from property off the main campus are handled by the agency with primary jurisdiction. A burglary across the street would likely be handled by the Austin Police Department. In the event of a request for assistance from APD, we would assist as much as we could within the constraints of manpower and other resources while maintaining our presence as the primary law enforcement agency on the campus.”

 

How many officers are on the UPD force this year?

 

“There are 11 Police Officers, three Sergeants, one Captain and one Chief of Police for a total of 16 sworn members of the department.”

 

What are the minimum years of law enforcement experience on the force? The maximum years?

 

“Many of our officers have years of experience combined from different police agencies. Many of our officers have more than 20 years of experience, and more with over 10 years of experience.”

 

What is the salary range on the force? Lowest salary? Highest salary?

 

“For that question I would refer [you] to the Human Resources office. “

 

How do you explain the difference between what UPD can provide on campus and what the Austin Police Department can do to victims coming forward?

 

“I assume your question is about what can be done FOR as opposed TO victims of crime. There are many resources available to all police departments regarding crime victims.

As far as investigating property crimes, we often collaborate with other agencies and share resources and strategies to solve the crimes, hold the offenders responsible and recover property.

For crimes against persons we will make a determination what is the best interest of the investigative goals and the service to the community. While we have access to most of the same resources for investigation and referrals for victims, sometimes it is best for the larger agency to take the case.”

 

Since St.Edward’s has signed onto the “It’s On Us” campaign, what changes have been made in the way that the university and UPD addresses cases or advocates prevention?

 

“This campaign and St.Edward’s participation in it is very new. I know that collaboration is in progress with many departments on campus. Stay tuned as I am sure UPD will be concretely supporting the effort in some way or another soon.”

 

How often is the sexual misconduct policy updated? 

 

“While the University Police Department collaborates in the management of the Sexual Misconduct Policy, updates also take place outside of the University Police Department and I would refer you to the Dean of Students office. For our part, recommendations for change are brought to the table surrounding changes in legislation and when case law mandates.”

 

Why does the university sexual misconduct policy use the word “non-consensual sex” and avoid the word rape?

 

“For the choice of wording on the policy, I would refer you to the Dean of Students office. “

 

 

We want to clarify the numbers: Do we understand correctly that UPD reports On-campus sexual assaults and Residence Hall sexual assaults in the same category? In other words, though the Department’s Clery Reports show one sexual assault in the On-Campus category and one sexual assault in the Residence Hall category, we are looking at a single assault, not two separate incidences? (Note: For the purpose of these follow-up questions, we are always referring to to Forcible Sexual Assaults).

 

“Yes this is the case. Any offenses counted in Residence section are also counted in the On-Campus section.”

 

If this is the case, in Question 2, you say there were four forcible sexual assaults in 2011: two in 2012 and one in 2013. When and where was the fifth assault?

 

“Again; just for clarification, there were five total sexual assaults reported to the university during the three calendar year period of 2011 through 2013. Four of those were reported to UPD and one was not.

There was one sexual assault reported to UPD in 2011. The case was turned over to APD who suspended the criminal case due to the complainant not wishing to pursue prosecution. The Dean of Students Office handled the administrative aspects of [the] case.

There were two sexual assaults reported to UPD in 2012. Both cases were investigated by SEU PD who suspended the criminal case due to the complainant not wishing to pursue prosecution. The Dean of Students Office the administrative aspects of [the] case.

There was one sexual assault reported to UPD in 2013. This case was investigated by SEU PD who suspended the criminal case due to the complainant not wishing to pursue prosecution. The Dean of Students Office handled the administrative aspects of [the] case.

 There was also one sexual assault reported to the Dean of Students Office in 2013. That statistic was provided by the Dean of Students Office to be added to the Clery numbers. UPD has no details on that case.”

 

Hilltop Views is requesting copies of the five incident reports for these sexual assaults with victim information redacted. You did not respond to this request in your email. Hilltop View also requests a copy of the Memo of Understanding you discuss in Answer 3.

 

“UPD does not release copies of offense reports to third parties without a subpoena. The memo of understanding between APD and UPD is a two party agreement and should the Austin Police Department agree to release that to you, we certainly would have no issue with that.”

 

Is an incident report completed regardless of the complainant’s decision?

“Yes, any information will be documented including the complainant’s desire to not pursue prosecution. If this is the case, we will likely suspend the investigation.”

Can UPD officers override the decision if they believe a rape has occurred?

 

“UPD can document any information they have from a complainant and witnesses as well as from their own officer observations. UPD can move forward to take any steps necessary to protect the community should any threat remain. This may include continuing an investigation although a complainant declined to pursue criminal prosecutions. The decision to pursue criminal charges for sexual assault rests with the complainant.”

 

Do UPD officers make these decisions unilaterally or is another administrative office on campus consulted at the time the report is made and the complainant is being interviewed?

“UPD will document any information they have regardless of other administrative processes that may be going on at the same time. For issues other than criminal charges, we work together with many campus departments to support students in these situations.”

 

If another administrative office is involved in this process, which one is it?

“UPD regularly consults with many departments on campus to provide the best service to our community. UPD ultimately make decisions regarding criminal charges taking all information into consideration and of course whether or not the complainant wishes to pursue prosecution.”

 

In your Response 1, you indicate that UPD would collect evidence and prepare a case to be turned over to the Travis County District Attorney’s office if a complainant chooses to move forward. Who collects the physical evidence, such as the evidence necessary for a rape kit? And who prepares the case?

 

“UPD Officers on the scene would collect the existing evidence according to accredited UPD policies derived from best practices in law enforcement. Sexual Assault Forensic Exams are conducted by qualified Sexual Assault Nurse Examiners at local hospitals. The evidence collected from the forensics exam is then stored in the evidence room of the agency handling criminal prosecution which could be UPD or another agency such as APD. “

 

What constitutes a “potential continuing threat to the community,” as described in Question 1, and who is notified when “Emergency Notifications” are made in these circumstances? Are parents/guardians of the student involved notified?

 

“Emergency notification is triggered by an event that is currently occurring on or imminently threatening the campus. We initiate emergency notification procedures for any significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. 

In order for parents/guardians or anyone else to receive the notification, the student will have to log-in to the St.Edward’s Topper Text page at https://www.getrave.com/login/stedwards. They can add two mobile phone numbers as well as two email addresses in addition to their own primary mobile number and email address.”

 

The St.Edward’s community is altered to break-ins and other and suspicious activity on campus by UPD. Why are reports of sexual assault not similarly publicized, with names/identifying information about complainants redacted?

 

“This was answered in question 6 above. The purpose is not to let the community know something has occurred. It is to provide information when there is a potential threat so that the community can take steps to protect themselves.”

 

Can you describe your experience with students coming forward about sexual assault? Is it clear or unclear whether they have received or are aware of education and resources provided by the university? Are they familiar with the sexual misconduct policy?

 

“Information is provided regarding resources available on and off campus is provided to any victim of violent crime. UPD does not collect information regarding their awareness beforehand. I am unsure it this is discussed during parts of the administrative processes.”

 

At the recent SGA public forum, Officer Garcia and Officer Delgado alluded to more assault happening in a women on men setting rather than a men on women setting and put the ratio at 3:1. Would it be possible to acquire these statistics?

 

“I spoke to the presenters and the only statistic they can recall that resembles what you are asking is about male survivors choosing not to report sexual assault at a higher rate than women survivors choose not to report sexual assault. They said they did not provide a specific ratio.”

 

At the recent SGA public forum, the officers also alluded to their biggest problem being responding to mental health crises, i.e. threats of suicide. Do you have any comment on how UPD has reorganized around this evolving issue?

 

“There is a larger effort that the university is undertaking in this regard and the Health and Counseling center has been placed at the lead. UPD is supporting and participating in these efforts, I would refer you to that office for organizational questions. UPD continues to address these issues by assisting students to get the help [they] need (on or off campus) during [a] mental health crisis.”