Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr....

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challenges of challenges of implementing implementing comprehensive off- comprehensive off- campus conduct campus conduct jurisdiction jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice President for Student Affairs/Dean of Students Katherine Lavinder, Radford University, Assistant Dean of Students Jeff Orzolek, Radford University, Assistant Dean of Students

Transcript of Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr....

Page 1: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Opportunities and Opportunities and challenges of challenges of implementing implementing

comprehensive off-comprehensive off-campus conduct campus conduct

jurisdictionjurisdictionDr. Michael Mardis, University of Louisville, Associate Vice President for Student Affairs/Dean of Students

Katherine Lavinder, Radford University, Assistant Dean of Students

Jeff Orzolek, Radford University, Assistant Dean of Students

Page 2: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Review of LiteratureReview of Literature• ““Rioters hurling rocks and bottles turned an off-Rioters hurling rocks and bottles turned an off-

campus housing area into a war zone. Police officers campus housing area into a war zone. Police officers fired tear gas and wooden pellets known as “knee fired tear gas and wooden pellets known as “knee knockers” to subdue the crowds. At least 45 people knockers” to subdue the crowds. At least 45 people were arrested” Hoover (2002)were arrested” Hoover (2002)

• ““There is no more difficult problem in colleges today There is no more difficult problem in colleges today than how to reduce the risks of dangerous college-than how to reduce the risks of dangerous college-aged drinking” (Bickel & Lake, 1999). aged drinking” (Bickel & Lake, 1999).

• ““Alcohol abuse prevention strategies that reach only Alcohol abuse prevention strategies that reach only as far as the campus limits don’t do enough, a report as far as the campus limits don’t do enough, a report by the National Institute on Alcohol Abuse and by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) argues” (National, 2002). Alcoholism (NIAAA) argues” (National, 2002).

• Wechsler (2002) “noted an increasing trend toward Wechsler (2002) “noted an increasing trend toward attendance and heavy drinking at off-campus parties, attendance and heavy drinking at off-campus parties, where successful enforcement efforts are more where successful enforcement efforts are more difficult.” difficult.”

Page 3: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Review of LiteratureReview of Literature• ““Campus efforts to crack down on underage drinking may be Campus efforts to crack down on underage drinking may be

associated with a shift in drinking from the campus to the associated with a shift in drinking from the campus to the community, where enforcement may not be rigorous” community, where enforcement may not be rigorous” (Wechsler, 2002). (Wechsler, 2002).

• ““Simply addressing the root causes of alcohol abuse and Simply addressing the root causes of alcohol abuse and providing education and alternative activities, while essential providing education and alternative activities, while essential will not be enough” (Bickel & Lake 1999). will not be enough” (Bickel & Lake 1999).

• ““Student safety has become a core issue for modern Student safety has become a core issue for modern universities” (Bickel & Lake, 1999). universities” (Bickel & Lake, 1999).

• ““How much oversight schools should exercise over students in How much oversight schools should exercise over students in the absence of parental authority is a question that has long the absence of parental authority is a question that has long vexed college deans. But the debate is intensifying now that vexed college deans. But the debate is intensifying now that schools have been held liable for alcohol related accidents off-schools have been held liable for alcohol related accidents off-campus and have faced more demands from communities that campus and have faced more demands from communities that they clamp down on raucous behavior from late-night parties to they clamp down on raucous behavior from late-night parties to rioting after sports events. In 21st century litigious America, rioting after sports events. In 21st century litigious America, colleges are increasingly concerned about liability issues, says colleges are increasingly concerned about liability issues, says Sheldon Steinbach, general counsel at the American Council on Sheldon Steinbach, general counsel at the American Council on Education.” (Llana 2005) Education.” (Llana 2005)

Page 4: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Review of LiteratureReview of Literature• ““Universities are losing prominent student injury cases Universities are losing prominent student injury cases

more than ever; the language of the courts use no more than ever; the language of the courts use no longer deferential to the university” (Bickel & Lake, longer deferential to the university” (Bickel & Lake, 1999). 1999).

• ““1,400 college students between the ages of 18 and 24 1,400 college students between the ages of 18 and 24 die each year from alcohol-related injuries” (Aguirre-die each year from alcohol-related injuries” (Aguirre-Molina, 2002).Molina, 2002).

• Off-campus drinking is on the rise and is a top avocation Off-campus drinking is on the rise and is a top avocation for students in higher education (Bickel, 1999). for students in higher education (Bickel, 1999).

• ““On certain campuses (e.g., large public institutions, On certain campuses (e.g., large public institutions, highly competitive private institutions, and schools with highly competitive private institutions, and schools with large fraternity and sorority systems), the perceived large fraternity and sorority systems), the perceived costs (financial, administrative, and political) of limiting costs (financial, administrative, and political) of limiting access to alcohol are too high, so these schools limit access to alcohol are too high, so these schools limit themselves to the more palatable alcohol education and themselves to the more palatable alcohol education and social norms approach” (Wechsler, 2004). social norms approach” (Wechsler, 2004).

Page 5: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Review of LiteratureReview of Literature• ““Tysen Kendig, a spokesperson for Penn State, which was Tysen Kendig, a spokesperson for Penn State, which was

the site of three large student riots between 1998 and the site of three large student riots between 1998 and 2000; stated that of the 83 students who were 2000; stated that of the 83 students who were apprehended in those incidents, 81 have either been apprehended in those incidents, 81 have either been expelled or have left the university. The University has not expelled or have left the university. The University has not had any riots since” (Hoover, 2002).had any riots since” (Hoover, 2002).

• ““Use of alcohol – and thus abuse of alcohol – has gone Use of alcohol – and thus abuse of alcohol – has gone underground, resulting in high consumption over short underground, resulting in high consumption over short periods of time, and the institution only becomes involved periods of time, and the institution only becomes involved when behavioral issues come to the attention of when behavioral issues come to the attention of administrators” Sandeen & Barr (2006).administrators” Sandeen & Barr (2006).

• Higher education in general, and student affairs in Higher education in general, and student affairs in particular, has yet to develop an effective approach to the particular, has yet to develop an effective approach to the management of the issue, and student affairs continue to management of the issue, and student affairs continue to cope with the problems associated with illegal use and cope with the problems associated with illegal use and abuse of alcohol and other drugs on a regular basis” abuse of alcohol and other drugs on a regular basis” Sandeen & Barr (2006).Sandeen & Barr (2006).

Page 6: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Kapplin & Lee The Law of Higher Kapplin & Lee The Law of Higher Education 4Education 4thth Edition (2006) Edition (2006)

• ““As long as the college can articulate a reasonable As long as the college can articulate a reasonable relationship between the off-campus misconduct and relationship between the off-campus misconduct and the well-being of the college community, reviewing the well-being of the college community, reviewing courts will not overturn a disciplinary action unless courts will not overturn a disciplinary action unless they find the action arbitrary, an abuse of discretion, they find the action arbitrary, an abuse of discretion, or a violation of a student’s constitutional rights. or a violation of a student’s constitutional rights. And if the college includes language in its code of And if the college includes language in its code of conduct, defending challenges to discipline for off-conduct, defending challenges to discipline for off-campus misconduct may be more successful.”campus misconduct may be more successful.”

• ““To avoid problems in this area, administrators To avoid problems in this area, administrators should ascertain that an off-campus act has a direct should ascertain that an off-campus act has a direct detrimental impact on the institutions educational detrimental impact on the institutions educational functions before using the act as a basis for functions before using the act as a basis for disciplining students” disciplining students”

Page 7: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Why Comprehensive Off-Campus Why Comprehensive Off-Campus Jurisdiction was implemented at Jurisdiction was implemented at

Radford UniversityRadford University • Radford DemographicsRadford Demographics• Party Culture ConcernsParty Culture Concerns• Safety of StudentsSafety of Students• Unrecognized FraternitiesUnrecognized Fraternities• Local CitizensLocal Citizens• ParentsParents• VA Attorney General’s Task Force VA Attorney General’s Task Force

RecommendationsRecommendations

Page 8: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Logistics of Logistics of implementation implementation

• RU Off-campus taskforceRU Off-campus taskforce• Forums – City, University, StudentsForums – City, University, Students• Commitment to allocate necessary Commitment to allocate necessary

resources (established a new position) resources (established a new position) • City University Joint Advisory City University Joint Advisory

CommitteeCommittee• Importance of student support Importance of student support

(SGA/JPC/SAEC)(SGA/JPC/SAEC)• Need a clear institutional commitment Need a clear institutional commitment

Page 9: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

First Year of First Year of ImplementationImplementation

• Importance of communication (Students, City, Importance of communication (Students, City, Police, Hearing Board, Faculty, Media) Police, Hearing Board, Faculty, Media)

• Open Student ForumsOpen Student Forums• Student petitionStudent petition• Stress importance of student safety and Stress importance of student safety and

educational mission of the institutioneducational mission of the institution• Be prepared for challenges to the university’s Be prepared for challenges to the university’s

authority to address concerns off-campusauthority to address concerns off-campus• Jurisdiction brochure with answers to Jurisdiction brochure with answers to

commonly asked questions commonly asked questions • 20 % decrease in on-campus alcohol 20 % decrease in on-campus alcohol

violationsviolations

Page 10: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Types of Jurisdiction Types of Jurisdiction

• No off-campus jurisdictionNo off-campus jurisdiction• Limited off-campus jurisdictionLimited off-campus jurisdiction• Comprehensive off-campus jurisdictionComprehensive off-campus jurisdiction

• Differentiation between having the Differentiation between having the jurisdictional authority vs. implementing jurisdictional authority vs. implementing a consistent response mechanisms. a consistent response mechanisms.

• How is the policy enforced by the How is the policy enforced by the University? University?

Page 11: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Example Policy University of Example Policy University of LouisvilleLouisville

When the University is notified, the Vice When the University is notified, the Vice President for Student Affairs, in consultation President for Student Affairs, in consultation with the Provost, may determine that acts with the Provost, may determine that acts prohibited by the Code but not committed on prohibited by the Code but not committed on University premises could also be grounds for University premises could also be grounds for disciplinary action. Such action will be taken disciplinary action. Such action will be taken if a student has acted in a way that if a student has acted in a way that substantially interferes with or endangers the substantially interferes with or endangers the University community, or behavior with University community, or behavior with significant potential to disrupt the educational significant potential to disrupt the educational environment. Such acts include, but are not environment. Such acts include, but are not limited to, drug trafficking offenses and acts limited to, drug trafficking offenses and acts or threats of violence against persons. or threats of violence against persons. http://campuslife.louisville.edu/policies/studentconduct.html/http://campuslife.louisville.edu/policies/studentconduct.html/

Page 12: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Example Policy Radford Example Policy Radford UniversityUniversity

• Off-campus violations can also subject a Off-campus violations can also subject a student to the jurisdiction of the University student to the jurisdiction of the University Conduct System when the university Conduct System when the university determines the violation is threatening or determines the violation is threatening or disruptive to the safety of members of our disruptive to the safety of members of our university community or to the educational university community or to the educational process of the university. Conduct process of the university. Conduct proceedings may be carried out prior to, proceedings may be carried out prior to, simultaneously with or following legal simultaneously with or following legal proceedings. http://www.radford.edu/dos-proceedings. http://www.radford.edu/dos-web/Standards07.pdfweb/Standards07.pdf

Page 13: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Example Policy UC Example Policy UC BerkeleyBerkeley

• Student conduct that occurs off University property but within the Student conduct that occurs off University property but within the geographic area immediately adjacent to the campus is subject to the geographic area immediately adjacent to the campus is subject to the Code. This includes all property bounded by Virginia Street on the Code. This includes all property bounded by Virginia Street on the north, Shattuck Avenue on the west, and Derby Street on the south. north, Shattuck Avenue on the west, and Derby Street on the south. The eastern boundary, as it runs from north to south, is comprised of The eastern boundary, as it runs from north to south, is comprised of La Loma Avenue, Gayley Road, Prospect Street (between Orchard La Loma Avenue, Gayley Road, Prospect Street (between Orchard Steps and Dwight Way) and Warring Street, and includes property Steps and Dwight Way) and Warring Street, and includes property situated along both the east and west sides of said streets.situated along both the east and west sides of said streets.

• Student conduct that occurs off University property and not within the Student conduct that occurs off University property and not within the area described in area described in Geographic BoxGeographic Box and and Conduct on Other UC Conduct on Other UC CampusesCampuses is subject to the Code where it a) adversely affects the is subject to the Code where it a) adversely affects the health, safety, or security of any member of the University community, health, safety, or security of any member of the University community, or the mission of the University, or b) involves academic work or any or the mission of the University, or b) involves academic work or any records, or documents of the University.records, or documents of the University.

• In determining whether or not to exercise jurisdiction over such In determining whether or not to exercise jurisdiction over such conduct, Student Judicial Affairs will consider the seriousness of the conduct, Student Judicial Affairs will consider the seriousness of the alleged offense, the risk of harm involved, whether the victim(s) are alleged offense, the risk of harm involved, whether the victim(s) are members of the campus community and/or whether the off-campus members of the campus community and/or whether the off-campus conduct is part of a series of actions that occurred both on and off conduct is part of a series of actions that occurred both on and off University property. University property. http://students.berkeley.edu/uga/conductiii-http://students.berkeley.edu/uga/conductiii-vii.asp#IVAvii.asp#IVA

Page 14: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Example Policy Notre Example Policy Notre DameDame

• The University’s behavioral policies and The University’s behavioral policies and procedures are under the jurisdiction of the procedures are under the jurisdiction of the Office of Student Affairs. All alleged violations Office of Student Affairs. All alleged violations are at the disposition of that office through are at the disposition of that office through the Office of Residence Life and Housing. the Office of Residence Life and Housing. Unless otherwise noted, these policies and Unless otherwise noted, these policies and procedures apply to all students, procedures apply to all students, undergraduate, graduate or professional, undergraduate, graduate or professional, whether the behavior occurs on or off campus.whether the behavior occurs on or off campus.

http://orlh.nd.edu/dulac/duLachttp://orlh.nd.edu/dulac/duLac%202007.pdf#page=104%202007.pdf#page=104

Page 15: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Model Student Conduct Model Student Conduct CodeCode

• Jurisdiction of the [College] [University] Jurisdiction of the [College] [University] Student Code - The [College] [University] Student Code - The [College] [University] Student Code shall apply to conduct that Student Code shall apply to conduct that occurs on [College] [University] premises, at occurs on [College] [University] premises, at [College] [University] sponsored activities, [College] [University] sponsored activities, and to off-campus conduct that adversely and to off-campus conduct that adversely affects the [College] [University] Community affects the [College] [University] Community and/or the pursuit of its objectives.and/or the pursuit of its objectives.

• Other examples posted on conference Other examples posted on conference websitewebsite

Page 16: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Why we believe we’ve been Why we believe we’ve been successfulsuccessful

• Decrease in assaults (number and severity)Decrease in assaults (number and severity)• Decrease in presence of unrecognized Decrease in presence of unrecognized

fraternities fraternities • Improvement in feel of safety surrounding Improvement in feel of safety surrounding

campuscampus• Anecdotal and survey information from Anecdotal and survey information from

students, police, community leaders, students, police, community leaders, landlordslandlords

• Alcohol?Alcohol?

Page 17: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

BenefitsBenefits““I do agree with the off-campus jurisdiction and the three I do agree with the off-campus jurisdiction and the three

strikes policy because these are some of the people strikes policy because these are some of the people giving Radford University a bad name. One thing that giving Radford University a bad name. One thing that really bothers me about this is when I see an individual really bothers me about this is when I see an individual walking home instead of driving. The individual is NOT walking home instead of driving. The individual is NOT falling into the road or acting “drunk” and an officer falling into the road or acting “drunk” and an officer pulls them off and gives them a drunk in public ticket. In pulls them off and gives them a drunk in public ticket. In my eyes, this person was acting responsible by walking my eyes, this person was acting responsible by walking instead of driving and our city officers are bothering instead of driving and our city officers are bothering these people and causing them to get in trouble off-these people and causing them to get in trouble off-campus as well as on-campus. I don’t know how this can campus as well as on-campus. I don’t know how this can be prevented, but this is the only situation that I can be prevented, but this is the only situation that I can think of where the off-campus jurisdiction has gaps.”think of where the off-campus jurisdiction has gaps.”

- RU Student- RU Student

Page 18: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

““I think that the University and City work hand-I think that the University and City work hand-in-hand to ensure the safety of both students in-hand to ensure the safety of both students and community members. Living in a college and community members. Living in a college town is unique, as college students seem to town is unique, as college students seem to have a completely different perception of have a completely different perception of what is okay to do versus what is not okay what is okay to do versus what is not okay socially. The University needs to do a better socially. The University needs to do a better job of educating the students on its judicial job of educating the students on its judicial policies, and making sure that students policies, and making sure that students *understand* those policies. There will still *understand* those policies. There will still be problems, of course, with violators, but the be problems, of course, with violators, but the argument that ignorance is not an excuse can argument that ignorance is not an excuse can cause problems if the students view the cause problems if the students view the University as not reaching out to teach them.”University as not reaching out to teach them.”

- RU Student- RU Student

Page 19: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

““RU and the Dean’s office has proven time and RU and the Dean’s office has proven time and time again since these policies have been time again since these policies have been implemented that the University expects its implemented that the University expects its students to behave in accordance with its students to behave in accordance with its Student Code of Conduct, which is a higher Student Code of Conduct, which is a higher standard than the normal citizenry must adhere standard than the normal citizenry must adhere to, particularly in the penalty phase. Just like to, particularly in the penalty phase. Just like Police Officers, RU students represent a greater Police Officers, RU students represent a greater entity when they function as a community entity when they function as a community member. It is clear: these are the rules, either member. It is clear: these are the rules, either abide by them or be held accountable, and abide by them or be held accountable, and because you’re a member of the RU community, because you’re a member of the RU community, you can be held additionally accountable.”you can be held additionally accountable.”

- Radford City Police - Radford City Police OfficerOfficer

Page 20: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

““I noticed a big difference in criminal acts I noticed a big difference in criminal acts after the three strike policy went into after the three strike policy went into effect. Students are now held more effect. Students are now held more accountable for their actions. I feel the accountable for their actions. I feel the area around campus is much safer and area around campus is much safer and criminal acts have decreased since the criminal acts have decreased since the implementation of the 3 strikes policy. implementation of the 3 strikes policy. Continue the good work! It has made a Continue the good work! It has made a very big difference!”very big difference!”

- Radford City Police - Radford City Police OfficerOfficer

Page 21: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

““Students who are not concerned Students who are not concerned about criminal charges, are very about criminal charges, are very concerned with what action the concerned with what action the University may take in reference to University may take in reference to those charges, creating an excellent those charges, creating an excellent deterrent.”deterrent.”

- Radford City Police - Radford City Police OfficerOfficer

Page 22: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Police SurveyPolice Survey

I believe that the policy of off-campus I believe that the policy of off-campus jurisdiction is beneficial to the safety jurisdiction is beneficial to the safety of the community surrounding campus:of the community surrounding campus:

Strongly Agree: 33%Strongly Agree: 33%

Agree: 29%Agree: 29%

Neutral: 25%Neutral: 25%

Disagree: 4%Disagree: 4%

Strongly Disagree: 8%Strongly Disagree: 8%

Page 23: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Police SurveyPolice Survey

Since Spring semester 2005, I have Since Spring semester 2005, I have noticed a reduction in “pay parties”:noticed a reduction in “pay parties”:

Strongly Agree: 26%Strongly Agree: 26%

Agree: 35%Agree: 35%

Neutral: 26%Neutral: 26%

Disagree: 9%Disagree: 9%

Strongly Disagree: 4%Strongly Disagree: 4%

Page 24: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

ASJA Listserv Survey #1ASJA Listserv Survey #1

How do you handle police reports of How do you handle police reports of conduct off-campus?conduct off-campus?

72 responses72 responses• Student is put through normal judicial process Student is put through normal judicial process

– 31%– 31%• Report is evaluated: student may be subject to Report is evaluated: student may be subject to

discipline – 50%discipline – 50%• It is rare that we’d hold a student accountable It is rare that we’d hold a student accountable

for off-campus conduct – 9%for off-campus conduct – 9%• We don’t receive off-campus police reports – We don’t receive off-campus police reports –

8%8%

Page 25: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

ASJA Listserv Survey #2ASJA Listserv Survey #2

For public institutions only, For public institutions only,

Does your code allow you to address the Does your code allow you to address the

off-campus behavior of students?off-campus behavior of students?

48 responses48 responses• Yes, but it is rare for us to do so – 39%Yes, but it is rare for us to do so – 39%• Yes, and we do so regularly – 50%Yes, and we do so regularly – 50%• No – 10%No – 10%

Page 26: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

How the program worksHow the program works

• ““Off-campus violations can also subject a student Off-campus violations can also subject a student to the jurisdiction of the University Conduct to the jurisdiction of the University Conduct System when the university determines the System when the university determines the violation is threatening or disruptive to the violation is threatening or disruptive to the safety of members of our university community safety of members of our university community or to the educational process of the University…or to the educational process of the University…University conduct proceedings may be University conduct proceedings may be instituted against a student charged with a instituted against a student charged with a violation of law which is also a violation of policy violation of law which is also a violation of policy without regard to pending litigation in court or without regard to pending litigation in court or to criminal arrest or prosecution.”to criminal arrest or prosecution.”

•Standards of Student Conduct, 2007-Standards of Student Conduct, 2007-2008, page 22008, page 2

Page 27: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

How the program worksHow the program works

• OverviewOverview• Typically resolve charges through Typically resolve charges through

campus system prior to criminal campus system prior to criminal outcomeoutcome

• Gather extra information from police Gather extra information from police department as necessarydepartment as necessary

• Police Officers can attend hearings Police Officers can attend hearings as witnessesas witnesses

Page 28: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Key factors in Key factors in implementationimplementation

• Relationship building with police Relationship building with police department and community department and community membersmembers

• Education of studentsEducation of students• Community support (on and off-Community support (on and off-

campus)campus)– SGASGA– Campus constituentsCampus constituents

Page 29: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Issues to consider when determining Issues to consider when determining policy for off-campus jurisdiction (Linda policy for off-campus jurisdiction (Linda

Rowe, ASJA 2002)Rowe, ASJA 2002)• Practical Issues (administrative cost, Practical Issues (administrative cost,

demographics of student body, physical demographics of student body, physical geography of campus setting) geography of campus setting)

• Philosophical/Developmental Issues (college Philosophical/Developmental Issues (college mission, campus culture)mission, campus culture)

• Historical Issues (tradition, type of institution)Historical Issues (tradition, type of institution)• Legal/Risk Management/Liability Issues (locus Legal/Risk Management/Liability Issues (locus

of control, legal history, campus infrastructure)of control, legal history, campus infrastructure)• Community and Public Relations issues Community and Public Relations issues

(expectations and demands, parental concerns)(expectations and demands, parental concerns)• Governmental Issues (regulations and Governmental Issues (regulations and

mandates)mandates)

Page 30: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

Legal ImplicationsLegal Implications

• Double Jeopardy Double Jeopardy • Guidance from legal councilGuidance from legal council• Balancing of riskBalancing of risk

Page 31: Opportunities and challenges of implementing comprehensive off-campus conduct jurisdiction Dr. Michael Mardis, University of Louisville, Associate Vice.

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