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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.
Thomas T. Tremblay, the designated independent reviewer, submitted reports on progress under the agreement on November 6, 2013, June 10, 2014, and December 3, 2014. On June 30, 2015, the independent reviewer issued his final report of sustained compliance, reporting that the University of Montana Police Department (UMPD) had reached compliance under all provisions of the agreement. The report also outlined a sustainment plan under which the University would sustain and continue to build the progress made under the agreement after DOJ oversight. The UMPD agreed to maintain the changes in its approach to sexual assault after the end of the agreement, and to continue in-service training on sexual assault, annual review of policies and procedures on sexual assault response, and improved analysis and reporting of campus sexual assaults through the UMPD/Title IX Compliance Specialist, a new position created under the agreement. The agreement terminated with the final report, and the DOJ announced the UMPD's full implementation of the agreement's requirements in a July 10, 2015 press release.
Summary Authors
Louisa Eberle (11/11/2013)
Heather Turner (5/4/2014)
Sarah McDonald (8/19/2018)
Van Valkenburg v. United States Department of Justice, District of Montana (2014)
DOJ Investigation of Missoula Police Department, No Court (None)
Austin, Roy L. (District of Columbia)
Bhargava, Anurima (District of Columbia)
Cotter, Michael W. (Montana)
Gupta, Vanita (District of Columbia)
Engstrom, Royce (Montana)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Montana
Case Type(s):
Key Dates
Closing Date: 2015
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
University of Montana-Missoula's Office of Public Safety (Missoula, Missoula), State
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2013 - 2015
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Implement complaint/dispute resolution process
Goals (e.g., for hiring, admissions)
Issues
General:
Incident/accident reporting & investigations
Staff (number, training, qualifications, wages)
Policing:
Inadequate citizen complaint investigations and procedures
Discrimination-area:
Discrimination-basis:
Affected Sex or Gender: