Arrests and Disciplinary Referrals Flashcards
A campus police officer responds to an incident at which 2 students and 10 non-students are consuming alcohol underage in violation of state law. Seven of the non-students are juveniles. The officer contacts the parents of each juvenile and holds the juveniles in custody until a parent arrives, at which point the juvenile is released to their parent(s). None of the juveniles are charged with the Liquor Law Violation observed by the officer. How, if at all, should the non-student juveniles be reflected in the institution’s crime statistics?
7 Liquor Law Violation referrals for disciplinary action
7 Liquor Law Violation arrests
0 Liquor Law Violation arrests
7 Liquor Law Violation referrals and 7 Liquor Law Violation arrests
7 Liquor Law Violation arrests
A student is issued a criminal citation for cocaine possession on a public street that runs through your campus. The student is referred for disciplinary action because of the arrest. What are you required to do?
Count the incident as an arrest for a Drug Law Violation in the Public Property statistics
Count the incident as an arrest and a disciplinary referral in the Public Property statistics.
Count the incident as an arrest and a disciplinary referral in the On Campus statistics.
Count the incident as an arrest for a Drug Law Violation in the On Campus statistics.
Count the incident as an arrest for a Drug Law Violation in the Public Property statistics
Which of the following statements is true regarding Weapon Law Violations?
Laws or ordinances that prohibit the possession of specific weapons (such as brass knuckles) should be treated as Clery-reportable Weapon Law Violations for statistical reporting purposes
All institutions should count as Weapon Law Violations offenses involving the possession or use of a knife with a blade that is equal to or greater than 3 inches in length
The Clery Act requires that all air guns be identified as countable Weapon Law Violations, regardless of state law, at every institution that must comply with the Clery Act
Agencies are not required to include in the category of Weapon Law Violations the use of silencers
Laws or ordinances that prohibit the possession of specific weapons (such as brass knuckles) should be treated as Clery-reportable Weapon Law Violations for statistical reporting purposes
On the night before commencement, a group of 4 seniors are observed by a campus police officer to be holding open containers of alcohol on a public sidewalk within the campus border. The institution is located in a jurisdiction that makes it unlawful for a person (regardless of age) to possess an open container of alcohol in public. After confirming all subjects to be 21 years of age, the officer instructs the students to pour out the alcohol and carry on with their night safely. The officer takes no other action, but forwards an incident report to the student conduct office for possible disciplinary action. The director of the student conduct office reviews the report and enters it into the office’s electronic records management system, but ultimately chooses not to charge any of the students with a violation of the Student Conduct Code since all of them will have graduated by the time the case is resolved. How, if at all, should this incident be included in the institution’s crime statistics?
Include this incident in the crime statistics as 4 Liquor Law Violation referrals for disciplinary action in the Public Property category
Include this incident in the crime statistics as 4 Liquor Law Violation arrests in the Public Property category
Include this incident in the crime statistics as 4 Liquor Law Violation arrests in the Public Property category and 4 Liquor Law Violation referrals for disciplinary action in the Public Property category
Do not include any of these persons in the annual crime statistics, as none have been arrested or referred for disciplinary action
Include this incident in the crime statistics as 4 Liquor Law Violation referrals for disciplinary action in the Public Property category
Six underage students (two residents and four guests) are documented in a Resident Assistant’s incident report to have been present in a residence hall room where numerous open containers of alcohol were observed in plain view. The report does not identify which, if any, of the six students were possessing or consuming alcohol in violation of state law and institutional policy. The student conduct office enters the incident report in their system and charges each of the six students with a violation of the institution’s Alcohol Policy. How, if at all, should this incident be included in the institution’s crime statistics?
Include the total number of students determined to be responsible for violating the alcohol policy as a result of the disciplinary process as Liquor Law Violation Referrals for Disciplinary Action in the annual crime statistics
Do not include any of the six students in the crime statistics since the report does not establish which students, if any, were individually in violation of the law
Include six Liquor Law Violation Referrals for Disciplinary Action in the annual crime statistics
Include only two Liquor Law Violation Referrals for Disciplinary Action in the annual crime statistics for the two underage students that live in the room
Include six Liquor Law Violation Referrals for Disciplinary Action in the annual crime statistics
Which of the following statements is true regarding Drug Law Violations?
Drug Paraphernalia includes items prohibited by institutional policy (such as hookahs) that are not also specifically prohibited by state laws and local ordinances
Incidents involving marijuana odor violations in which no marijuana is found during an incident are countable Drug Law Violations at every institution that must comply with the Clery Act
A person that uses prescription drugs in a manner inconsistent with the instructions provided by the physician has committed a Drug Law Violation when the use occurs on or within the institution’s Clery Geography
If a 21-year-old student possesses a small amount of marijuana in a campus residence hall that is located in a state that has legalized possession of small quantities of marijuana by persons 21 or older, but the student is referred for disciplinary action pursuant to an institution’s policy that no student may use or possess marijuana on campus, that student should not be included in the crime statistics as a Drug Law Violation Referral.
If a 21-year-old student possesses a small amount of marijuana in a campus residence hall that is located in a state that has legalized possession of small quantities of marijuana by persons 21 or older, but the student is referred for disciplinary action pursuant to an institution’s policy that no student may use or possess marijuana on campus, that student should not be included in the crime statistics as a Drug Law Violation Referral.
When assessing state laws and local ordinances to determine which offenses are countable Liquor, Drug and Weapon Law Violations for Clery Act purposes, institutions should do all of the following except what?
Include all violations prohibited by state code and local ordinances that are contained within the jurisdiction’s Alcohol Beverage Code, Controlled Substances Act and Weapon/Firearms codes
Note whether certain violations of law are criminal versus civil in nature
Include only those violations prohibited by state code and local ordinances that correspond to the Clery-reportable UCR categories of Liquor, Drug and Weapon Law Violations
Limit the assessment to laws and ordinances that apply to the calendar year for which the assessment document will be used to classify offenses
Include all violations prohibited by state code and local ordinances that are contained within the jurisdiction’s Alcohol Beverage Code, Controlled Substances Act and Weapon/Firearms codes
Which of the following statements is true regarding Liquor Law Violations?
Drunkenness should only be included as a Liquor Law Violation Referral when a student or employee is referred for disciplinary action for drunkenness and the laws of the jurisdiction classify drunkenness as internal possession and a violation of possession laws
Arrests for drunkenness should always be counted at every institution that must comply with the Clery Act
Referrals for Disciplinary Action for drunkenness should always be counted at every institution that must comply with the Clery Act
Drunkenness should only be included as a Liquor Law Violation Arrest when a student or employee is arrested for drunkenness and the laws of the jurisdiction classify drunkenness as internal possession and a violation of possession laws
Drunkenness should only be included as a Liquor Law Violation Referral when a student or employee is referred for disciplinary action for drunkenness and the laws of the jurisdiction classify drunkenness as internal possession and a violation of possession laws
A concerned employee in the Business Office calls campus police to report that a colleague arrived at work this morning wearing a holstered firearm on his belt in plain view. The College has declared itself to be a “gun free zone” and has a zero tolerance policy for any student or employee that possesses a firearm on campus. Campus police respond to the Business Office and advise the employee of the College’s policy. The employee agrees to give the firearm to campus police for safekeeping until the end of the work day, at which point the employee will retrieve the firearm. In response to the incident, the College places the employee on paid administrative leave while an investigation into the employee’s conduct occurs. The College is located in a jurisdiction that does not make it unlawful for people to open carry firearms on college and university campuses. What is the correct classification and count for this incident?
Not Clery-reportable; Do not include in the institution’s crime statistics
Twenty-six underage students are listed in an incident report generated by the campus public safety office. The report is sent the Student Conduct Office for review. The incident report clearly identifies that 8 of these students were possessing alcohol in violation of state law. According to the report, none of the remaining students were violating any liquor laws. How many students in this example have been referred for disciplinary action (Note: this question is NOT asking how many should be included in the institution’s crime statistics)?
26 students have been referred for disciplinary action
TRUE OR FALSE
The recovery of stolen property or the low valuation of stolen property is not adequate grounds for unfounding a reported Robbery, Burglary, or Larceny-Theft. Similarly with regard to sex offenses, subsequent acts or inactions on the part of a victim, a witness, or a third party are not an independent ground for unfounding a reported crime.
TRUE
Do not count as unfounded crimes:
Crimes that were initially misclassified. Do not count a crime as unfounded if investigation shows that a crime has occurred but the initial description of the crime was inaccurate. For example, an Aggravated Assault is reported to authorities but police investigation determines that the crime is Simple Assault, not Aggravated Assault. The initial crime report was not unfounded. The crime was reclassified.
Do count as unfounded crimes:
*Motor Vehicle Thefts where investigation determined that the car was misplaced by the owner and a Motor Vehicle Theft did not occur and was never attempted.
*Burglaries where investigation determined that the items were misplaced by the owner and Burglary did not occur and was not attempted.
Scenario 12: A Burglary occurs at a business down the street from campus. The suspect is chased by police and apprehended on campus. The suspect is carrying a firearm in violation of state law and arrested for both Burglary and a Weapons Violation while on campus property. Include this as one on-campus arrest for Weapons: Carrying, Possessing, Etc.
Do not include the Burglary in your Clery Act statistics because the Burglary did not occur on Clery Act geography.
Unfounded Crimes
A crime is considered unfounded for Clery Act purposes only if sworn or commissioned law enforcement personnel make a formal determination that the report is false or baseless.
