Knowledge of the law may help university students cope with the system

BY LINDSAY JACKSON
NOV. 6, 2007

At Miami University, underage alcohol consumption and drug use inevitably trigger legal procedures. For those partaking in illegal activities, knowledge of those processes may just be the necessary “get out of jail free” card.

This knowledge is especially pertinent in light of recent legal proceedings that deal with illegal substance abuse. The April death of 19-year-old student Beth Speidel has some students fearing they too will find themselves in the courtroom if they knowingly or unknowingly furnish alcohol to an underage recipient. October’s recent train suicide allegedly sparked by the student’s interactions with the Oxford Police Department earlier that night regarding marijuana paraphernalia possession has heightened that fear. Whatever the situation, many students’ ignorance of the legal system have them concerned at the prospect of the police catching them with their hands in the cookie jar – or, in this case, around a can of “Natty Light.”

At Miami, alcohol-related offenses are the most prevalent crimes committed by students. In 2006, 790 students in on-campus residence halls alone were cited for liquor law violations. In the same year, 137 on-campus arrests were made, doubling the 2005 arrests for alcohol violations. Although not as prevalent, drug-related incidents are high in comparison to other crimes, trumped only by on-campus burglary. Consequently, a majority of Oxford attorneys’ clients are Miami students charged with alcohol-related crimes.

Miami’s Code of Student Conduct deems certain alcohol- and drug-related crimes Code One offenses. Miami’s penalties for a first-offense alcohol violation, including intoxication or alcohol-induced destructive behaviors, are participation in a $200 four-hour substance abuse education program and a $250 substance abuse assessment. In addition, a counselor may recommend further intervention and a group session if necessary. On a second alcohol-related offense, the university may enforce suspension and possible dismissal from the institution. If an underage student is found just using alcohol, though not intoxicated, a first offense would require the student to participate in a $150 two-hour alcohol class. On a second offense, a student must attend a $250 alcohol assessment program. On a third offense, the Code calls for suspension of the student.

Although seemingly clear-cut, the guidelines set forth by the Code of Student Conduct are not necessarily applicable in every case.

“It’s not black and white… it’s a gray area,” said Susan Vaughn, director of ethics and student conflict resolution. “I often instruct the police, ‘Don’t tell them what you think will happen to them because it might not work out that way.’”

Brochures detailing the university’s disciplinary proceedings are located in Gaskill Hall 247, to outline “how a student might prepare themselves,” said Vaughn.

If a complaint is filed against a student or organization for a Code One violation, the Office of Ethics and Student Conflict Resolution may issue the student, upon review of the complaint, a written notice of the alleged violation. Next, the student partakes in a procedural review to assess the charges and to discuss the disciplinary process and options. After this review, the student must, within two business days, submit a form to admit to the charges and accepting the consequences, request an administrative hearing, ask for a hearing before the Student Court (if suspension or dismissal are not a potential consequence) or appeal by way of a hearing before the Disciplinary Board (if suspension or dismissal are a potential consequence).

Likewise, if a complaint is filed against a student or organization for a Code Two offense – which include violations of the university’s policies, unauthorized use of university keys, failure to comply, and complicity – the student receives a written notice of the violation with the option of requesting an administrative hearing within five business days if he or she disputes the claim.

In the case of suspension or dismissal from a Code One offense, the accused party has the right to file a written appeal with the University Appeals Board within five business days after receiving the written notice. An appeal may be filed if the student believes an inappropriate sanction or procedural problem with the final decision has occurred or if new evidence has been introduced.

In addition to a review and possible punishment by Miami University, a student also faces legal charges for alcohol- and drug-related incidents. According to Butler County Prosecutor Michael Baker, students accused of alcohol-related crimes like underage intoxication and possession of false identification are eligible to participate in the Diversion Program. The program focuses on alcohol-education and requires a two-day alcohol class, a monetary contribution to the community and 30 hours of community service, said Oxford defense attorney Daniel Haughey. Successful completion of the program dismisses the case against the student and removes the incident from his or her criminal record. This program is popular among offending students.

“An overwhelming majority of students who sit down with me do the program,” said Haughey. “About 95 percent [of students] decide to do the Diversion.”

Many students opt for the Diversion Program solely because the offense will not be included on their criminal record.

“Most students [charged with a crime] are not worried about the money or probation but about it showing up on their criminal record when they apply to law school and grad school,” said Haughey.

On a second alcohol-related offense, a student does not qualify for the Diversion Program and instead must repeat the two-day alcohol class and pay $500 to $700 in fines. He or she may also have to serve jail time. However, Butler County Area I Court Judge Robert Lyons maintains full discretion for the jail time qualification and he typically suspends it.

“On a second offense, a Miami student is not going to jail,” said Haughey.

Like alcohol, drug-related consequences vary depending on the number of times a student has repeated the offense. However, first-time offenders accused of crimes relating to drug use are not privy to partake in the Diversion Program. Marijuana possession of one ounce or less for a first-time offender, for example, is considered a minor misdemeanor and is accompanied by a $150 fine. On a second offense, the student’s driver’s license would be suspended for six months and, like an alcohol-offense, the student would serve no jail time. In addition, a second drug-related incident can be expunged in one year, meaning a student’s record can be cleared one year later if no other offenses occur within that time period. According to Haughey, all non-violent offenses can be expunged after one year.

Although there are some consequences to illegal alcohol- and drug-related behavior, “it certainly isn’t something for a student to think it’s the end of the world,” Haughey said.