University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name DOJ Investigation of University of Montana-Missoula's Office of Public Safety PN-MT-0001
Docket / Court docket unknown ( No Court )
State/Territory Montana
Case Type(s) Policing
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On May 1, 2012, the Special Litigation Section of the Civil Rights Division ("Division") of the Department of Justice ("DOJ") opened a civil pattern or practice investigation into the University of Montana's Office of Public Safety (OPS), focusing on allegations that OPS was failing to adequately ... read more >
On May 1, 2012, the Special Litigation Section of the Civil Rights Division ("Division") of the Department of Justice ("DOJ") opened a civil pattern or practice investigation into the University of Montana's Office of Public Safety (OPS), focusing on allegations that OPS was failing to adequately investigate and prosecute alleged sexual assaults against all women in Missoula, not just university students, due to gender discrimination in violation of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968. (The Division and the Department of Education's Office of Civil Rights also launched a companion investigation of the University itself and the Division simultaneously investigated the City of Missoula Police Department and the Missoula County Attorney's Office. These are linked as related cases, below.)

On May 9, 2013, the DOJ released a findings letter, which identified that OPS's response to sexual assaults was compromised by deficiencies in policy, training, and practice.

Also on May 9, 2013, a memorandum of agreement between the Division and the University regarding OPS's response to sexual assault was executed, resolving the Division's investigation. The agreement requires the University to implement or revise policies; provide training and change practices to improve its response to sexual assault, including combating gender bias; retain an independent reviewer and work with the reviewer, community-based organizations and other stakeholders, to develop and implement the reforms described in the agreement; evaluate OPS' success in effecting meaningful reform; demonstrate that its implementation of the agreement has eliminated a pattern or practice of constitutional violations and that it has put in place systems and oversight that will prevent patterns or practices of unconstitutional conduct from recurring; and develop procedures for gathering and analyzing data to assess the incidence and outcomes of reports of sexual assault. The University agreed to pay all costs and fees associated with the independent reviewer, who is mandated by the agreement to produce quarterly written, public reports.

The parties anticipate that the University will have complied with all provisions of the agreement by June 30, 2015. The agreement will terminate on that date, unless the United States determines the University is not in compliance with it. As of today, May 4, 2014, the independent reviewer continues to monitor, examine and report publicly on the University's implementation of the agreement.

Louisa Eberle - 11/11/2013
Heather Turner - 05/04/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Provide antidiscrimination training
Reporting
Defendant-type
Law-enforcement
Discrimination-basis
Sex discrimination
General
Disparate Impact
Failure to train
Inadequate citizen complaint investigations and procedures
Incident/accident reporting & investigations
Pattern or Practice
Staff (number, training, qualifications, wages)
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action 42 U.S.C. § 14141
Defendant(s) University of Montana-Missoula's Office of Public Safety
Plaintiff Description U.S. DOJ Civil Rights Division, Educational Opportunities Section, investigating into allegations of discrimination against female residents of Missoula in OPS's response to sexual assault.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2013 - 2015
Case Closing Year n/a
Case Ongoing Yes
Case Listing ED-MT-0001 : University of Montana-Missoula (No Court)
PN-MT-0002 : DOJ Investigation of Missoula Police Department (No Court)
CJ-MT-0003 : DOJ Investigation of Missoula County Attorney’s Office (D. Mont.)
Additional Resources
click to show/hide detail
Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Missoula: Rape and the Justice System in a College Town
Written: Apr. 21, 2015
By: Jon Krakauer
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Justice Department Announces Investigations of the Handling of Sexual Assault Allegations by the University of Montana, the Missoula, Mont., Police Department and the Missoula County Attorney’s Office 05/01/2012
PN-MT-0001-0009.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Findings Letter Re: The United States' Investigation of the University of Montana's Office of Public Safety 05/09/2013
PN-MT-0001-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Memorandum of Agreement Between US DOJ and UM Re: UM-Missoula's Office of Public Safety 05/09/2013
PN-MT-0001-0002.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
First Rep. of Indep. Reviewer Covering June 19, 2013 – Oct. 1, 2013 Agreement between the U.S. Dep't of Just. and the U. of Mont. Re: the U. of Mont. Office Of Pub. Safety’s Response to Sexual Assault 11/06/2013
PN-MT-0001-0005.pdf | Detail
Document Source: Defendant or Defendant's Counsel
Second Rep. of Indep. Reviewer Covering Oct. 1st, 2013 – April 1, 2014 Agreement between the U.S. Dep't of Just. and the U. of Mont. Re: the U. of Mont. Office Of Pub. Safety’s Response to Sexual Assault 06/10/2014
PN-MT-0001-0006.pdf | Detail
Document Source: U.S. DOJ, Civil Rights Division, Education Section
Third Rep. of Indep. Reviewer Covering April 1st, 2014 – Aug. 8, 2014 Agreement between the U.S. Dep't of Just. and the U. of Mont. Re: the U. of Mont. Office Of Pub. Safety’s Response to Sexual Assault 12/03/2014
PN-MT-0001-0007.pdf | Detail
Document Source: U.S. DOJ, Civil Rights Division, Education Section
University of Montana Police Department Final Report of Sustained Compliance Regarding the Agreement Between the United States Department of Justice and the University of Montana in Relation to UMPD's Response to Sexual Assault 06/30/2015
PN-MT-0001-0010.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Justice Department Announces University of Montana Police Department Has Fully Implemented Agreement to Improve Response to Reports of Sexual Assault 07/10/2015
PN-MT-0001-0008.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Austin, Roy L. (District of Columbia)
PN-MT-0001-0002
Cotter, Michael W. (Montana)
PN-MT-0001-0001 | PN-MT-0001-0002 | PN-MT-0001-0008 | PN-MT-0001-0009
Gupta, Vanita (District of Columbia)
PN-MT-0001-0008
Mondino, Jennifer L. (District of Columbia)
PN-MT-0001-0002
Perez, Thomas E. (District of Columbia)
PN-MT-0001-0001 | PN-MT-0001-0002 | PN-MT-0001-0009
Smith, Jonathan Mark (District of Columbia)
PN-MT-0001-0002
Trepel, Samantha Kay (District of Columbia)
PN-MT-0001-0002
Defendant's Lawyers Engstrom, Royce (Montana)
PN-MT-0001-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -