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Report Examines Duke Police Response in 2004 Parizade Incident

Duke officers did not violate university policy, but officials promise ongoing discussions with student groups

An investigation into whether Duke police acted improperly when helping to disperse a large party at Cafe Parizade last summer has found that university officers actually were trying to be helpful in addressing students' questions at the scene.

In its report, the Duke Police Department says 300 people were gathered outside Parizade when the restaurant's general manager decided to stop others from entering, prompting the Durham police officer at the door to call for assistance. Four Duke students subsequently filed a complaint saying some of the Durham and Duke officers who came to the scene were rude and confrontational.

The executive summary of the inquiry by Duke Police Professional Standards concludes that the Duke officers involved did not violate university policy. But it says the complaint was rooted in a perception among some Duke minority students of a "pattern of inequitable treatment" -- a finding university administrators say concerns them.

"I'm pleased the report clears the air about this incident, but we still have a problem if African-American students or any other group at Duke feels it is receiving disparate treatment," said Kemel Dawkins, vice president of campus services.

The report summarizes the internal investigation undertaken after the four students filed a complaint with Duke Police Chief Clarence Birkhead, alleging unprofessional behavior and an excessive police presence during the party hosted by an African-American fraternity from North Carolina Central University (NCCU).

In their complaint, the Duke students said the large police presence at the Aug. 26 party was racially motivated. They reported that an African-American officer sang, "We Shall Overcome" while the crowd was being dispersed. Birkhead said the officer, who was with Durham police, acknowledged making the comment but told Duke investigators he was discussing with another officer a matter that had nothing to do with the students. The officer's comment was reported to the Internal Affairs office of Durham city police.

The investigation also found no evidence that Duke officers responding to the situation knew initially that the party was hosted by an NCCU fraternity or that most of the guests were African American. Parizade general manager Igor Gacino, not the police, decided to bar the restaurant to additional patrons and asked those outside to visit other clubs, the report said.

The report also helps explain why so many police officers responded. At least 16 officers from Durham and Duke came to the scene after the Durham officer working at the party called Durham's 911 center, which dispatched the request as a "disturbance."

The report notes how some students began questioning the large police presence, saying it was creating a hostile environment. However, Birkhead said the investigation showed that Duke officers attempted to answer the students' questions as best they could.

One of the Duke students who filed the complaint said she is satisfied with the findings about the Parizade incident but hopes the report will lead to a broader discussion about how university policies are applied.

Dawkins said Duke Police and the Office of Institutional Equity are already developing an additional training program for officers on interactions between police and community residents. Officials from the police department and Student Affairs have begun hosting a series of meetings with student groups to improve communication, and Birkhead is continuing to meet with the Minority Affairs Committee, which includes members of the Black Student Alliance.

"We find every opportunity we can to listen to students and to explain how the police department operates," Birkhead said.