Once they've moved off campus, some students think they are out of the university's reach.
But the Ohio University Office of Judiciaries deals with on - and off - campus students alike, said director Judy Piercy.
The Athens Police Department provides OU administrators with a list of arrests each week, and judiciaries tracks the case through the court before taking action of its own.
We wait until it is resolved criminally
Piercy said.
Piercy said administrators treat off-campus and on-campus students the same. But there is one major difference between on-campus and off-campus rights: signing the OU housing and food-service contract obligates residence-hall dwellers to open their doors when residence-life staff comes knocking.
Even though they have to open their doors, students can refuse to allow staff members to enter their rooms. Also, they do not have to open refrigerators, cupboards or drawers, said Jenny Hall-Jones, assistant director of residence life on East Green. But if a resident assistant or security aide suspects a violation of the OU code of conduct, he or she submits a report that can become a judicial referral.
When faced with the Ohio University Police Department, on-campus students often must choose between legal action and OU sanctions.
However, the majority (of reports) stay on the green Hall-Jones said. It's kind of a big process ... to make sure that it's fair for the students.
Hall-Jones said she hears approximately one case a week, and the resident director on her green hears one or two.
Would-be RAs and SAs undergo similar training, including classes and role-play sessions, said residence-life director Joe Burke. The most common scenarios involve alcohol, noise level and marijuana.
When dealing with students, OUPD officers use discretion, often bypassing the courts by referring students to judiciaries without arresting them, said OUPD lieutenant Rich Russell. About half of alcohol-related confrontations become referrals.
The department averages six to 10 arrests on normal weekends, Russell said. Crimes against people or property, such as theft, vandalism or criminal mischief lead to arrest, and students who are highly intoxicated and uncooperative likely will be arrested.
However, being cooperative is not always in a student's best interest, whether he or she lives on campus or off, said Patrick McGee, managing attorney for the Center for Student Advocacy.
About 30 percent of the center's misdemeanor cases are on-campus students facing charges for underage drinking, possession of marijuana, disorderly conduct or a similar crime.
Many do not understand how they can be sanctioned by OU after being punished by the courts, but McGee said judiciaries proceedings are civil, not criminal.
Off OU's campus, students and police often misunderstand the Fourth Amendment. The plain view argument is not enough - exigent circumstances must exist, McGee said. For example, if an officer sees drug paraphernalia through a student's window, he cannot enter the house without consent unless it is likely the evidence will be destroyed before he obtains a warrant.
Sometimes on-campus and off-campus students alike are intimidated into condemning themselves.
People give in McGee said. I'm not sure why.
When students are on private property and police officers question them, the student doesn't have to answer these questions
he said. Students must provide only their names and addresses.
Students questioned by police officers should ask if they are free to go, McGee said. If they are not, it means they have been detained. In that case, they should be read their Miranda rights. But that rarely happens
McGee said.
Arrest often is inevitable, McGee said. Conviction, however, is not.
Even after charges are filed, all is not lost. If students do not plead guilty, the center files a motion to dismiss the charges.
We're quite successful
McGee said.
CSA handles many more cases from students arrested by APD than by OUPD, McGee said.
I'm impressed by how reasonable OUPD can be
he said.
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Lindsey McKay
