Have you ever known someone who has gotten in trouble for alcohol violations with Public Safety? We all hear the rumors of busted parties in the borough and the dreaded judicial hearings. But what are the real policies and consequences that could affect you? Below is an interview with Mrs. Lynn Klingensmith, Director of Judicial Affairs and Student Assistance, in which she tells us the facts and realities of alcohol and the law, both on and off campus.
Q: What if I am at a party and I am not drinking and the police show up. Can I be cited? (and what is the charge).
A: Yes, you can be cited if you are underage for an Underage citation (the statute reads possession, consumption or transportation of alcohol, and in this circumstance it may be construed as constructive possession). The answer to this may also depend on the behavior of the hosts/tenants. If they are uncooperative, the officers may take it out on the guests.
Q: What if I call for help for a friend who may need to go to the hospital? Will I get cited?
A: Possibly. I have seen some instances where the caller (who is also intoxicated) has been cited, but I cannot say with certainty that this happens all the time.
Q: Are the police or RA’s allowed to search my room whenever they want?
A: No, the police and Residence Life Staff must have reasonable suspicion to enter a student’s room. The officer can ask for permission to search, and if the tenant says no, and the officer has enough probable cause, he can apply for a Search Warrant from the District Attorney, or request an Administrative Search Permit from the Office of Judicial Affairs or from the Office of Residence Life and Housing. However, if an officer enters a room, and observes illegal items in “plain view”, that may be enough to warrant the issuance of criminal and/or judicial charges.
A Public Safety Officer may ask to enter a room for a “Welfare Check.” This would only happen if there is a reasonable belief that the occupant of the room may require medical attention.
Residence Life staff have designated times of the year that they will perform Health and Safety Inspections.
(See the Ram’s Eye View, Section VII, University Policies, A., B., and C. for specifics.)
Q: What happens if my charges are reduced to a disorderly conduct?
A: Disorderly Conduct is a Summary Offense as is an Underage and Public Intoxication. A Disorderly Conduct citation has a fine range between $100 – $500.
Q: Isn’t a citation in the borough confidential? Why can the borough communicate with the university?
A: No, it is not confidential. In the Code of Conduct, there is a reference to “off campus behavior.” This can extend beyond the borough of West Chester. For instance, if a student was at another University, and got into trouble and the police were advised that it was a WCU student, that information may be communicated to WCU. The University has had a good working relationship with the Borough Police Department for many years. The University wants to graduate responsible citizens.
Q: I am over 18. Is the university allowed to call my parents or send a letter about an alcohol related violation?
A: There is a provision in the Underage Statute that requires the police to contact the parents/guardians of a person being cited with an Underage. The University wants parents to partner with us to promote good citizenship – our letters home to parents (re: alcohol or drug violations) are sent with the intent to enlist this support.
Q. Will my academic college be notified if I violate the Code of Conduct?
A: For most offenses, an academic college will not be notified of a student’s violation this is because of the Family Educational Rights and Privacy Act (FERPA).
However, if a student is being charged with Dishonesty and the violation may affect the student’s ability to remain in school – if found responsible – the student’s advisor may be notified at the outcome of the case.
There is a Code of Conduct violation entitled “Dishonesty.” The Academic Integrity Policy (in the undergraduate catalog) covers most violations of academic dishonesty. This Dishonesty violation reads: “Making, using, or possessing any falsified document or record; altering or forging any University document or record,” etc. Let’s say for instance that I falsify a Drop/Add slip by forging a professor’s name. I would be charged with Dishonesty. If I am found responsible, the Office of Judicial Affairs would forward the outcome of that case to my academic advisor. This is how my academic department would be apprised of a judicial outcome, which normally they would not be because of FERPA (Family Educational Rights and Privacy Act).
For most offenses, an academic college will not be notified of a student’s violation this is because of the Family Educational Rights and Privacy Act(FERPA).
Students may be required to complete criminal background checks. I would suggest that students find what type of information will come back on the background check (summary, misdemeanor or felony offenses). Students should also know whether or not their major has a separate “honor code” (separate from the Code of Conduct). Violations of the Code of Conduct may be communicated to academic departments if in fact the department has a separate Honor Code for particular violations.
Spencer Wright is a peer educator for the Wellness Center.