Students face consequences

Editor’s note: The name Jane Smith is a pseudonym. The student’s name was changed to protect her identity.

The summer before Jane Smith went to college, she was given a ticket for minor consumption of alcohol.

She was in McCordsville, Ind., her hometown, at a friend’s party with about 50 other people.

Smith said there were a lot of cars parked outside the house, which is why she thinks the neighbors called the police.

When the police came, they could see people playing beer pong, so they entered through the basement.

Smith said she was one of 35 people who were ticketed — all of who were under the age of 21.

Her blood alcohol content that night was .07.

All 35 people had the same court date listed on their tickets — two weeks later. Once they appeared in court, Smith said they all pleaded guilty.

Smith is one of several students who receive tickets for underage consumption of alcohol or underage possession.

THE OFFICE OF STUDENT RIGHTS

Smith is now a sophomore hospitality and food management major. If she had been a Ball State student at the time of her ticket, she would have had to visit the Office of Student Rights and Community Standards.

If the incident is a first time violation and it is “relatively minor,” the office will send the student a letter giving them an official warning, said Michael Gillilan, director of the Office of Student Rights and Community Standards.

All other instances require the student to be called into its office. Once he or she appears, Gillilan will decide whether to charge them with a violation after the student has explained the situation. The student then has the choice to accept responsibility or request a hearing.

When a student accepts responsibility, which Gillilan said happens the majority of the time, the university will respond in a number of ways.

Typically, the student will be on probation for a period of time, will have to complete a session on AlcoholEdu.com and will do community service.

Gillilan said his office has an arrangement set up with Late Nite for first year students, where the student is assigned to work one or more nights at the event.

“The goal there is to give them the opportunity to meet some other folks, do some other activities that are not focused on alcohol,” Gillilan said.

All of these requirements are free to students, except for the alcohol education class, which costs $50.

Gillilan said the university tries to give students options throughout the process.

“Our goal is to be transparent about all of this, make sure students have good information when they make decisions and give them a lot of options,” Gillilan said. “Our goal is to be fair, transparent, timely and most of all, educational.”

Students are also advised to see John Connor, attorney for Ball State’s Student Legal Services.

Connor saw almost 800 students during the 2011-2012 school year. Of those students, about 300 visited his office for criminal matters, which includes misdemeanors.

With cases involving misdemeanors, Connor said he will refer students to several different lawyers and explain to them the diversion program.

THE DIVERSION PROGRAM

The diversion program is something offered in several Indiana counties to anyone who is a first time offender.

For those who have committed a Class C misdemeanor, which includes minor consumption or possession of alcohol, the program has a set of requirements.

In Delaware County, these requirements include completing 10 hours of community service, attending a four hour alcohol education class, paying court fees and paying the diversion program fees.

The total cost for all of this is $505, but that does not include the cost of hiring an attorney or public defender, something required to complete the program.

Once the person has completed all of the requirements and stays out of trouble with the law for a year, the case will be dismissed and his or her record will not show a conviction.

“It’s very beneficial, because that way, it keeps the conviction off of your record,” Shelley Moore, pre-trial diversion coordinator, said. “It’s expensive, but it’s still worth it.”

The diversion program provides a second chance for students, Tony Sisson, Muncie public defender, said, but it’s also a wake up call.
“In a circumstance where you’re a student and you make a mistake, you get caught with a beer or perhaps some marijuana,” Sisson said. “I don’t think they should have that shadow hanging over them the rest of their career or their life.”

Other county’s diversion programs are set up differently, like in Tippecanoe and Monroe counties where Purdue University and Indiana University are located, respectively.

Neither of those programs require students to be represented in court by an attorney, Connor said.

“I wish that it would be financially advantageous to our students if they did not have to hire a council, but I certainly understand the prosecutor’s thinking,” Connor said.

Because the student is entering a contract when completing the diversion program, the prosecutor wants them to be represented in court, Connor said.

“I would like to hope that the fact that it’s been a relatively costly experience to the student, they’ll think twice about violating the law again,” Connor said.

If a person is not a first time offender, though, and is found guilty, they would still have to complete the same requirements, Moore said.

Smith went through a diversion program in McCordsville in which she had to complete 40 hours of community service.

The total cost of her program was $350, but Smith said it was worth it.
“I think it’s good that they give you a chance to get the ticket taken off your record and it gives you an incentive to stay out of trouble,” she said.

A TICKET

When students are first given their ticket, it is very unlikely that they will be taken to jail, Sisson said.

“There’s a lot of paperwork and processing to haul a student in [jail] for a misdemeanor,” Sisson said. “They work with the big fish and keep the little fish out.”

Once a student is given a ticket, it is then forwarded to the prosecutor’s office until the investigator files formal charges with the court. After the charges are filed, a summons will be sent to the student. This process takes anywhere from four to six weeks, Sisson said.

If a student is not a first time offender and cannot complete the diversion program, he or she will have to attend an initial hearing.

The student has the option of hiring an attorney to represent them, or the student can go to the hearing themselves and plead guilty or not guilty. If he or she plead guilty, he or she will have to hire an attorney afterward.

Sisson said he does not recommend a student pleading guilty, because it will affect employment opportunities.

“I don’t think a student wants to go into an application process of a potential employer and have to check mark that they have a conviction on their record for minor consuming or public intox[ication] or minor possession,” Sisson said.

Smith said her actions now as a college student have been influenced by the fact that she has gotten a ticket.

“It didn’t make me want to stop drinking, but it made me want to be smarter about it,” she said. “I was a lot more cautious when I went to parties. If they got too out of hand, I would leave, or if there were too many people outside, I would leave, because it just seemed sketchy.”

HALLOWEEN

Excise police arrested 21 minors for various charges during the weekend, including illegal possession of alcohol.

Gene Burton, University Police Department chief, said he will make sure the appropriate number of officers will be present around campus for Halloween festivities.

Although most students were out in costume this weekend and will be next weekend, Burton said this does not affect officers’ jobs.

“Keep in mind, if [they’re] in a dark costume and it’s at night, they need to be a little more aware of their surroundings, because they can’t always be seen,” Burton said. “[I just want to] preach a little common sense as they’re participating in their Halloween festivities.”