STUDENTS RETAIN RIGHTS, FREEDOM WITHIN REASON

Campus Police Work To Make Students Aware Of Policies

Students living on campus experience a freedom they may not have had
at home; they sleep when they want, eat when they want and go to class
if they want.

However, with this freedom comes a new sense of responsibility, and a
whole list of rules the University expects them to follow.

According to Sgt. Jon Barnwell of Campus Police, the campus officers'
responsibility is not to infringe on students' rights, but to take
preventive action to protect these rights.

"Students have no more or less rights than any other U.S. citizen, and
we have to respect these rights," Barnwell said. "Not just have to,
but we want to respect these rights,"

The Code of Student Conduct, which the University composes and
modifies, outlines the regulations by which students are expected to
abide. It is a 10 page document and is organized into Academic and
Non-Academic Misconduct. Most of the regulations deal with
Non-Academic Misconduct.

"There are not a whole lot of surprises [in the code]," Director of
Student Conduct Paul Cousins said.

Barnwell said there are three main points of concern regarding student
conduct: drug use, alcohol-related misbehavior and the theft and
damage of personal items.

"The sanctions for drug activity are misinterpreted by students," he
said.

According to Barnwell, Campus Police must abide by the landlord-tenant
agreement, in which an officer may not enter the resident's home,
apartment or dorm without either being invited in or obtaining a
search warrant.

"The U.S. Constitution protects against unreasonable search and
seizure," he said.

In regular procedure, Barnwell said, officers must ask permission to
come in to a living area they think may contain illegal substances. If
permission is not granted, officers may use an odor or an object in
plain view as grounds to freeze entry and exit into the residence
until the police obtain a search warrant.

However, this regulation applies only to Campus Police. According to
Barnwell, the University can enforce certain laws in which staff, not
officers, have access into residence hall rooms without the
application of a search warrant. Such regulations are enforced through
the University N not state N court.

If caught with an illegal substance, students are automatically
expelled from the residence hall and can be expelled from school,
Barnwell said.

In recent years, alcohol violations have increased in severity.
According to Barnwell, DWIs were considered infractions five years
ago; however, they have grown more serious, becoming misdemeanors this
past December.

"The laws keep getting tougher," Barnwell said.

Portable Breathalyzer Tests, commonly known as PBTs, are carried by
officers and are used if any person N driver or pedestrian N looks
suspicious. A positive reading on the device can now be used in court
as primary evidence for a charge.

A reading of .08 or higher on the PBT cannot be plea-bargained in
court N the driver, without other evidence, is convicted of a DWI.

Barnwell teaches a program, the "DWI Update," to inform students about
the policy changes in DWI laws.

"DWIs are a rising problem ... it is important for the student
population to know that we take pride in education outside the
classroom without enforcement," he said.

However, the PBT cannot be used in any instance. There must be
sufficient reason to use the device, such as a suspicious circumstance
or action.

"Police cannot just go to a party and test everyone," Barnwell
said.

Underage drinking and DWI charges are not the only alcohol-related
regulations broken on campus. Students older than 21, though they are
legally permitted to drink, can be charged with disorderly conduct as
a result of alcohol consumption.

"We tend to have students complain because they feel they have a right
to drink alcohol. But they don't have a right to infringe on other
people," Barnwell said.

According to Barnwell, the most common crimes committed on campus are
the theft of unattended items, damage of goods and breaking and
entering into motor vehicles. For this reason, officers have the right
to stop a student who is walking around at "odd hours" in an area
where a crime has been committed.

"Students have every right to be there. We're not trying to infringe
on their rights, we're just trying to maintain the safety and
integrity of that community," Barnwell said.

Student misconduct is inevitable on a campus with more than 21,000
students. However, according to Cousins, there is away to minimize the
effect of misconduct by demonstrating character.

"Students can either make a good choice up front ... or, if they make
a mistake, then [they can] be a part of the solution and help fix it,"
he said.