ON-CAMPUS POSSESSION MAY NOT MEAN ARREST

SUCO, Hartwick Have Levels Of Penalties For Drugs, Alcohol

ONEONTA -- Katie Cairney, 22, a State University College at Oneonta
senior, said she was caught drinking alcohol two years ago.

Cairney, then underage, was given one year's probation and time to
complete an online alcohol-awareness course.

"It was a slap on the wrist," Cairney said recently.

A SUCO junior, who didn't want his identity revealed, said he was
caught drinking and smoking marijuana on campus and given
the same punishments.

"I was caught drinking two years ago, put on probation and forced to
complete an online class," the student said. "The day after I got off
probation, I was caught smoking on campus, put on probation again and
instructed to complete six hours of drug counseling."

If these SUCO students had been caught off campus, they could have
been arrested by Oneonta city police.

Anyone arrested downtown for underage drinking or having marijuana
must answer the charges in court and could face a maximum fine of
$200 and probation, according to city court records.

But on campus, that same college student would be written up,
referred to the residence director, placed on campus probation and
required to
complete an online alcohol-awareness course or drug counseling, students said.

In 2004, 408 combined drug and alcohol judicial referrals were
written at the State University College at Oneonta campus, none of
which resulted in arrests, according to the Office of Post Secondary
Education Campus Security Statistics website. In addition, 52 drug
and alcohol arrests were made on campus, according to the website.

A SUCO student caught on campus violating drug or alcohol policy may
be arrested by University Police, referred to the residence or
judicial-affairs director or warned, depending on the decision of the
University Police Department officer.

"There is a lot of officer discretion in each instance by the UPD
officer," SUCO University Police Capt. James Small said recently.

Some SUCO students said there is a lack of respect for the policies
because of officer discretion.

"Rules are enforced too inconsistently," junior Christopher Rinchik
said. "Students don't take them seriously."

If the student is referred to Mary Logan, director of judicial
affairs, she may handle the case or refer it to the Standing
Disciplinary Board. The board consists of four faculty members and
three student members, according to SUCO judicial affairs webpages.

The board has mostly been used, according to the webpages, in cases
where an outcome of suspension or expulsion may result if the board
reaches a decision of "in violation."

Logan said there is no precedent for how each case is handled.

"Violations are handled on a case-by-case basis," Logan said. "I take
a holistic approach in determining what sanctions are most
appropriate and, therefore, evaluate each case individually."

Steve Perry, SUCO vice president for student development, said SUCO
resources limit the number of arrests made.

"We have to ask whether we want to tie up limited University Police
resources and city court time for every infraction," Perry said in an e-mail.

Oneonta police Lt. Joseph Redmond said city police are not concerned
with tying up court time.

"I'm not going to second-guess another agency's policies," he said.
"We're just concerned with making arrests when they're appropriate."

Jonathan Winnicki, SUCO Student Association president, said the
college is understanding of students' academic positions.

"Students caught in violation of drug or alcohol policy, depending on
the severity of the offense, would usually be in more serious trouble
if caught off-campus," Winnicki said. "The college does not want to
affect a student's academic standing."

Comments added to a student's transcript after being found in
violation of SUCO rules may be removed after five years if the
student petitions the vice president for student development,
supports the petition and provides documentation of his or her
activities since leaving SUCO, according to the website.

Records of violations remain on a person's criminal record and on the
police blotter unless the case was dismissed, according to the city court.

SUCO enrolls about 5,500 undergraduate students. Drugs and alcohol
are prohibited on the SUCO campus, according to the SUCO code of
student conduct.

Other State University of New York colleges handle drug and alcohol
violations similarly, according to the OPE website.

Drugs are prohibited on the campus of Hartwick College in Oneonta.
Alcohol is prohibited for students younger than 21 and is a social
responsibility for students 21 and older, according to the Hartwick
drug and alcohol policy.

Hartwick, a private college enrolling about 1,450 students, has a
system for drug and alcohol violations with four levels of
punishment, depending on the severity of the case, according to the
college's Abuse Related Infraction Policy.

"The system employs sanctions including educational activities,
fines, parental notification, and at the upper levels, increased
fines, probation, removal from campus housing or suspension," said
Greg Krikorian, vice president of residential life.

A student accused of violating Hartwick policy is referred, by a
residence adviser or a security officer, to the judicial board. The
board decides whether a punishment is in order and what level to
assign, according to Francis Borrego, director of marketing and
communications at Hartwick.

In 2004, 130 combined drug and alcohol judicial referrals were
written at Hartwick, according to the OPE Campus Security Statistics website.

Hartwick College security does not consist of police officers who can
make arrests. If security officers consider a situation serious
enough for an arrest to be made, they must contact the Oneonta Police
Department, Krikorian said.

A Hartwick junior who did not want his identity disclosed because of
possible negative faculty reaction to his comments said Hartwick
students are not deterred by the level system.

"The level system is very lenient," the student said. "We walk around
campus with paraphernalia, talk about drugs or alcohol in front of
faculty; no one is too worried."