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NEWS
[ Thursday, Aug. 1, 2002 ]

Students who break the law face legal, academic sanctions

Collegian Staff Writer

Drinking underage. Selling drugs. Using a fake ID. Urinating in public.

Some incoming freshmen, far away from their parents' watchful eyes for the first time, might find themselves involved in these common illegal activities. The State College community is prepared to respond to misbehaving students with legal and educational repercussions, local officials said.

Penalties can range from attending an educational workshop to being fined, facing academic probation and even doing jail time, depending on the crime.

Underage drinking

Underage drinking is the most common reason incoming freshmen find themselves in legal trouble.

It is illegal for anyone under 21 to purchase, consume, possess or transport alcohol.

"The typical way that kids get caught is if they walk down the street with a cup of beer or an open can of beer," Tony Lopinsky, a State College Police Department officer, said.

"The other way is if they're falling down drunk and can't walk home."

People might be stopped on the street if they appear to be drunk and underage or if there is other probable cause -- for example, if they flee from officers after being approached about an open container violation.

Another common way for freshmen to get caught drinking is having loud music and shouting coming from their dorm rooms. This can prompt a knock on the door from a resident assistant (RA) to check for alcohol violations.

Resources
Office of Judicial Affairs
135 Boucke Building
(814) 863-0342
www.sa.psu.edu/ja
 

Office of Residence Life
135 Boucke Building
(814) 863-1710 www.sa.psu.edu/rl
 

Undergraduate Student Government
223 HUB-Robeson Center
(814) 863-1874
www.clubs.psu.edu/usg
 

Penn State Police Services Eisenhower Parking Deck
(814) 863-1111
www.psu.edu/dept/police
 

State College Police Department
243 S. Allen St.
(814) 234-7150
www.gov.state-college.pa.us/policeweb/f-index.htm

"It's pretty easy to tell when there's a party going on in the residence halls," Barry Bram, associate director of the Office of Residence Life, said.

RAs are instructed not to look in refrigerators, closets or any other place out of plain sight.

"They're not police officers," Bram said. "That's really not our ballgame."

The first time someone underage is caught drinking or possessing alcohol in the dorms, the RA will likely report it to the residence hall coordinator and the offender will be required to attend a two-hour alcohol intervention program, he said. A letter might be sent home to the student's parents, he added.

If police become involved, the first offense is met with a $300 fine and a 90-day driver's license suspension. The second violation garners a $500 fine and a yearlong driver's license suspension. Third and subsequent violations result in a $500 fine and a two-year license suspension. Community service is also a possibility.

Public intoxication -- which means violators are incapable of taking care of themselves or they are a danger to themselves or others -- results in a fine of up to $300 plus court costs and up to 90 days in jail, but jail time is unusual.

"We're not in a perfect world here where we think no one under 21 is going to drink," Thomas Sowerby, Penn State Police Services supervisor, said. "Be responsible. Be in control. You have to know how your actions impact others."

Fake IDs

Employees at the doors of every bar in State College scrutinize patrons' IDs.

Hal McCullough, owner of Café 210 West, 210 W. College Ave., said his bar catches about six fake IDs each week.

"If we catch a fake ID, we do confiscate it, and it is turned over to the police," he said.

Most bars follow the same procedure, he said.

Carrying a fake ID or using someone else's ID results in a $300 fine and up to 90 days in jail for the first offense. The police will send a letter to a student's parents for drug or alcohol violations or for carrying a fake ID, Lopinsky said.

Disorderly conduct

Disorderly conduct -- which includes urinating in public and noise violations -- results in a fine of up to $300 plus court costs and up to 90 days in jail, although jail time is unusual.

PHOTO: Adam R. Harvey
PHOTO: Adam R. Harvey
Andrij Luciw (senior-business) inspects the ID of Mark Ivicic (junior-theatre arts) at Sharkies Bar and Thrifty Bottle Shop, 110 Sowers St. Luciw's ID was valid.

"Public urination is a biggie," Lopinsky said. "And it's not just the guys doing this. We've caught the ladies too."

Community service is a possibility penalty for this violation.

Drug Use

Penalties for drug use vary by the type of drug and the amount possessed. For example, having a small amount of marijuana or drug paraphernalia can mean up to a year in jail and a fine of up to $2,500, in addition to possible community service.

Penalties are more serious if there is intent to deliver, which is determined by the amount of the drug and the way it is packaged.

"Anything over four ounces [of marijuana], you can assume that's not for personal use," Sowerby said.

However, even smaller amounts can be considered as intent to deliver. For example, Sowerby said one ounce of marijuana split into 10 "dime bags" would fall into this category. Anyone caught selling a drug -- no matter what amount -- will be charged with this crime.

Jail time is more likely with intent to deliver than with simple possession, Sowerby said.

Drug use in the dorm room results in an automatic call to the police, Bram said, as well as an automatic referral to Penn State's Office of Judicial Affairs.

Judicial Affairs

When a student breaks the law -- even if the violation occurs off campus -- there is a chance that Judicial Affairs will contact the student and set up a conference, which can result in penalties separate from the legal system.

Judicial Affairs punishments for underage drinking range from a warning to a semester or more of academic probation, said Karen Feldbaum, associate director of Judicial Affairs.

"It's a case-by-case basis," Feldbaum said. "At a minimum, we'll do an educational intervention for a first offense."

If an underage student is cited in the dorms for a minor alcohol violation, it wouldn't be referred to Judicial Affairs unless the student had a strong pattern of public intoxication in the dorms, Feldbaum said.

If the drinking occurred on campus but not in the dorms -- such as if someone underage was drinking beer in Beaver stadium -- the case automatically goes through Judicial Affairs, she said.

Off-campus violations go through Judicial Affairs depending on the level of the offense.

A student's first minor alcohol offense off campus is recorded by Judicial Affairs. The office might respond to subsequent violations.

Public intoxication -- a more serious offense than simply possessing alcohol -- might result in Judicial Affairs seeing the case, even on a first offense.

If a student has been transported to the hospital for a drug or alcohol overdose, Judicial Affairs will respond, Feldbaum said.

Drug use automatically comes to Judicial Affairs, she said.

If police find drugs or paraphernalia, the office will be notified and become involved. Sanctions vary.

"There's a difference between someone who has a pipe with residue in it and someone who has marijuana that looks like it's packaged to sell," she said.

Educational intervention occurs with all drug violations.

A penalty as strong as expulsion and removal from the dorms may be applied if the student is distributing drugs.

"If we think you're dealing, then we're going to kick you out of the halls," she said.

Students who want to fight the charges brought against them by Judicial Affairs can contact the Undergraduate Student Government's legal affairs department for free advice, said Chris Martinez, USG's town affairs director.

The department can also refer students to lawyers.

 



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