A National Survey and Critical Analysis of University Police Statutes

• In Event: Division J Vice Presidential Session: Dismantling Injustice in Campus Policing and Reimagining Safety

Abstract

This paper presents a critical legal analysis of state-level statutory protections afforded to campus police officers that ultimately make it more difficult for victims of violent and discriminatory police interactions—who are disproportionately racially marginalized members of the campus community—to hold campus police officers accountable. The paper draws upon state statutes and court rulings to discuss the evolution of campus police authority, qualified immunity, and the infrastructure of accountability. The paper outlines a multilayered model of state-sanctioned protections that ultimately permit campus police to engage in discriminatory conduct with minimal legal intervention or oversight, including statutory protections granting police legal authority and institutional opacity regarding the submitting and receiving of complaints regarding alleged campus police misconduct. The analysis shows the broad legal authority and protection afforded campus police is deeply connected to the surveillance and control of racially marginalized students and community members which should be a cause for concern for university leadership and prompt a reexamination of their reliance on the campus police for order maintenance and law enforcement both on and off campus.

Author

• Vanessa Miller, Indiana University