decision of making the reports in the first place pursuant to the school policy that directs them to report to security or are facing potential civil liability and their parents to face potential civil liability that is a choice that we do not to campus security in fact it explicitly states if you are in contact campus security if you believe you had a victim of campus actually a child the consequence i security are there for the protection and safety of college students in the college community hit the security is the sole law enforcement presence that patrols the college campus bathrooms the hallways campus security as law enforcement to students and students who chooses to make a record of sexual assault to their campus security should be afforded the same protections under illinois law as any other  course doesn't make a difference in your analysis whether it's a private or public institution it is not your honor the position of the in spain is or is that there should be a distinction between private and public that a students at the university of chicago could be afforded greater or different protections under the law for then a student who attends the university of illinois chicago or even the school of the art institute of chicago th afforded to a crime victims report should not  let's talk about the for a moment about the relief that you're seeking so we're been down stairs was the judge was presented with a motion to dismiss the motion to dismiss was denied and then the question of the certified position on appeal is very narrow and ask this court to determine that the real crime reports of sexual assaults made to campus security is absolutely privileged the relief we are seeking is for this cords to don't think is really before us then while the initial report may be absolutely privilege the repetition of those statements to other campus officials may not be and met there but the question you know is in the context in which we're considering the certified question bad issue really doesn't play into it in other words if we answer the certified question  the affirmative and say and absolute privilege applies to reports to campus security because campus security is the one law enforcement the that does not necessarily question he had permitted enery manage the court for further proceedings however it does not need to do so because the illinois law already decides what level of privilege those to statements made during an investigation and this court should exercise its judicial economy and not require courts to go through and consider a further examination of repeated statements made during an investigation that would be a potentially allowing the students to come forward and the ploy under an absolute privilege and they hamstring them and prevent them from core operating in the very investigation but i am really looking at the procedural aspect of it because we were here under three oh wait there is a particular certified question the result we get a certified question that said russ the motion to dismiss properly granted they have sneddon papper question under three oh wait three i wait says here's a legal issue i'm not sure how it turning to the the second independent green said right this court's should protect appellate supports this court's has the inherent power to apply the common law absolute privilege based on public institutions one in five women are sexually assaulted while in college there are one hundred and ninety two college campuses in illinois filled with over eight hundred thousand college students the  only legislature has demonstrated its commitment to protecting i want my students and encouraging the reporting of victims of sexual assaults on our illinois campuses by announcing the preventing sexual violence and higher education and the public policy behind that is expressed he state because of the fear stigma and trauma that often results from incidences of sexual violence many survivors hesitate to reports or seek help and they lack the psychological support necessary to require the incidence is higher educational institutions worldwide forced the way worse to protect students from sexual assaults that was created by president obama in two thousand and fourteen recently issued their first reports and their reports they walt some sexual assault victims on college campuses may choose to go to the local police many more are students see help from their schools because it is the task force recommends that all school ninety percent of sexual assault victims on college campuses do not report the assaults but once you're on the question of why all the privileged is not here this is why because campus sexual assault is a unique nearly ninety percent already don't come forward and absolute privilege is needed here to encourage are illinois students to come forward and report campus sexual assault if we will at the state and federal law namely the other way preventing sexual violence and higher education and the federal state act and we look at the illinois and federal public policy concerning this issue campus sexual assault write and policy favors the free and i'm in your flow of records of student of sexual assaults on college campuses promise of the truthfulness of the reports that is the very definition of the absolute and this month of april sexual assault awareness month we ask that this court protect appellants reports reports of a crime of sexual assault made to campus security with the absolute privilege the issues in this case but that's that's an argument that goes to whether the question should have been certified and that was an argument to make to the trial court saying this is not an appropriate question for certification and i believe it was you when provided the transcript waived i don't believe it's really dead through into the record is incomplete if that's an issue that your honor wants me to address i can certainly supplement the record of course it's not my duty to provide a flu will record in embeds the specific question is whether it's an absolute privilege should apply for the reporting of quine's claims to campus security and i'll ask you the same question as miss food if miss wachusett used her cell phone to call nine one one there would be no question that her communication to law and would be absolutely exactly what the hymn book provides it says record page one sixty four it says victims of sexual sat relationship violence when to a stalking are encouraged to report these incidents to the police by telling nine one one or more of the world is for right well boy eight nine one one if you're from a campus building that's just the extension to get out victims are also encouraged to report these incidents to campus security or the directors of student outreach the really this handbook this policy is set up is that people had directed first to call nine one one and then if they want to initiate criminal proceedings if they enable him to be him brooke makes clear they don't have to take criminal action they can instead report station right and they at the end is what the policy contemplates and we're not so sure meaning anything that has to do with statements made to the police so it's the first report is to campus security and she says i'm being stalked campus security that goes with her to the police station and she says the same thing she says i'm being stalked runcie absolutely privileged and the other is police officers do in this case the record is the theory of anything other than looking at the security history is to keep things safe then they don't have the ability to arrest to lie to the police to lie to someone who is of an official state actors who will produce a student who is reporting either a sexual assault or some related incident more debated one way or the other by the fact that it's to campus security or to the chicago police when the student doesn't know the extent of the campus security for heat i just don't understand how they have to terminus the privilege they had at the student policy handbook explicitly provides they at a complaint may be made to campus security for that to initiate disciplinary proceedings or nine one warning or if you're in a campus building nine one one acted incorporating timeframes into the procedure is specialized training for employees who will take reports of sexual abuse but most importantly there's an am misty provision and bleak way that the public policy of illinois should be that alleged offenders should be able to sue for defamation if the victim reported to campus security as opposed to a place to park how is there an appropriate public policy for the state of illinois the state of illinois has wrong howled that there are very few exceptions counterbalance the interests of encouraging students to report sexual misconduct and that caribbean's is reflected in the current status of the law which states they a there she considered that even though she read the policy but said something different she considered based on some other training she received up the campus security to be law enforcement she did not brain you are moving from such such an established policy as it is in illinois yes it's that it has to be it has to be clear and it's not about  it's about fairness and creating a balance between encouraging we men to report some really terrible things that happened with made a long time ago when they said reports of sexual assaults or any other crime you know law enforcement are absolutely privilege and that i i think courts recognize there might be instances where there are false reports that are motivated by something or other thing and an honest desire to report a crime but the policy is that we're going to take that risk because we want people to feel free to contact law enforcement i i completely agree with that and i agreed with that in my brief when you  to get a yes instead there are certain protections in place for the law enforcement personnel they are treating for example ok campus security is not necessarily trained way in terms of the victim's reporting and the public policy underlying the absolute privilege i don't understand what difference it makes what training the recipient of she reported it and repeated her allegations during disciplinary proceedings i may say that's not the issue before us and it's not compassed the certified question it council suggested that that issue was not raised below if you review the record the a she has always been but i know my point is and i asked miss ruth about this we have confined underworld through three await to the certify question must certify question is is campus security the functional equivalent of law enforcement for purposes of any absolute reporting p that does not encompass issues specific to this case that you say prompted your client's expulsion from school if th limits to this specific charge i think that there are significant policy reasons not to put campus security and law enforcement on equal footing i think they're the public policy reasons i tend to fight the protections and the the very office of the police make it more likely that they will be honest honest reporting it as appellants can see there is between two and eight percent error rate and there has to be some some balance there has to be some recourse if it's solely to police and you consider campus security to be law enforcement for these purposes  zombie asked this court to reach a holding that would only allow students to report to the local police that tries directly in the face of the illinois preventing sexual violence and higher education act it flies directly in the face of federal law and it flies directly in the face of public policy encouraging students to come forward and report sexual violence to i told him the security or local police please counsel also addressed this this is good faith arguments and reporting and writing the reports of the palace were made for the purpose of instituting legal proceedings are now it is presumed and illinois legal proceedings and in fact in more as the police later determined that the crime report was false none the less this courts upheld the long standing l in the way wrong that crime reports to law enforcement privilege could be found where the report is alleged to be false we don't require in illinois we don't require reports of murder to meet a good faith standard we shouldn't require records of campus sexual assaults to meet a good face standard either particularly when the public policy tells us that campus sexual assault is unlike any other crime particularly when the white house task force found that the main reason students do not report the assaults is because they fear reprisal from the perpetrator we also don't put the burden on students to ascertain the liberal critique of campus security or whomever they report to our public policy is that they report and seek help that's it not that they conduct a legal analysis to ascertain what the authority of campus security is we don't put the burden on them to conduct a statutory interpretation of whether they've been u under the police force statute or not we just simply don't put that burden on any crime victim there's no reason to put it on victims of sexual assaults on college campuses and finally your honour's going to the point of th investigation and the public policy concerns surrounding schools investigations of campus sexual violence that is in material so the report of sexual violence well they can't this chooses to do it investigating report whether they complied with the statute or announced either state or federal at this point is immaterial to whether the students report in the first place should be absolutely privileged the student has no control over what happens to her report what she makes it she has no control whether the is made is immaterial here this court should focus on the elderly and federal law and public policy surrounding the prevalence of sexual assaults on college campuses and under a recording of sexual  all right thank you both very interesting issue excellent arguments and briefs we will take the matter under advisement and recess briefly before our next case