Drug, Liquor & Weapons-Arrests and Referrals

Question 1

All of the following attributes should be included on an audit trail of student conduct/residence life disciplinary records except which attribute?

Date and time of the incident

Name(s) of Student(s)

Incident Report Number

Name of Adjudicator

Answer 1

Name of Adjudicator

Question 2

Campus police respond to a report of a disorderly subject in the campus library. They take the subject into protective custody based upon his obvious level of intoxication and his lack of compliance with verbal commands. While conducting a pat-down of the subject, the officers find a butterfly knife, which is unlawful to possess, as well as a marijuana joint. Possession of any quantity of marijuana in this jurisdiction is a criminal offense. Police take the subject into custody and subsequently issue a criminal summons for both the unlawful possession of a weapon and the unlawful possession of a controlled substance. What is the correct classification and count for this incident?

1 Weapon Law Violation Arrest

1 Drug Law Violation Arrest

1 Weapon Law Violation Arrest and 1 Drug Law Violation Arrest

1 Weapon Law Violation Arrest or 1 Drug Law Violation Arrest (law enforcement discretion should be used to determine which violation to count)

Answer 2

1 Weapon Law Violation Arrest or 1 Drug Law Violation Arrest (law enforcement discretion should be used to determine which violation to count)

Question 3

Which of the following does not apply to counting arrests and referrals for Clery Act purposes?

Only referrals involving students and employees should be included in the annual crime statistics; referrals involving non-students or non-employees should not be included

Only arrests involving students and employees should be included in the annual crime statistics; arrests involving non-students or non-employees should not be included

If a person is arrested for a Clery-reportable Liquor, Drug or Weapon Law Violation and is also referred for the same violation, only the arrest should be included in the annual crime statistics

If a person is referred for disciplinary action for multiple violations during a single incident (e.g., Drug Law and Liquor Law Violations), law enforcement or security officer discretion should be used to determine which violation to count.

Answer 3

Only arrests involving students and employees should be included in the annual crime statistics; arrests involving non-students or non-employees should not be included

Question 4

Which of the following charge types should be avoided when adding Code of Conduct charges to a student’s record in the institution’s student conduct records management system when the narrative of the incident report fails to establish a Clery-reportable violation of law?

Policy Violation Charge

Combined Charge

Law Violation Charge

Any of these charges

Answer 4

Law Violation Charge

Question 5

When reconciling crime statistics between the campus police or public safety unit and the student conduct unit(s), which of the following statements most accurately depicts the steps institutions should take to compile accurate crime statistics?

Representatives from campus police/public safety and student conduct should meet to review all Primary Crimes to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Clery Act crime categories to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Liquor, Drug and Weapon Law Violation Arrests and Referrals to ensure there that individuals will only be counted once for each incident (as an arrest or a referral), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Liquor, Drug and Weapon Law Violation Arrests and Referrals as well as any incidents of Dating Violence, Domestic Violence, Sexual Assault, and Stalking to ensure there that there is no inappropriate duplication of incidents/people, then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Answer 5

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Clery Act crime categories to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Question 6

Do not classify as a Liquor Law Violation:

Answer 6

*Drunkenness (unless state law classifies drunkenness as internal possession and a violation of possession laws).

*Driving under the influence.

Question 7

What is defined as the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.

Answer 7

Weapons: Carrying, Possessing, Etc., Violation

Question 8

What is defined as the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.

Answer 8

Liquor Law Violations

Question 9

Is this classified as Drug Abuse Violation?

possessing a small amount of marijuana in states that have decriminalized this conduct.

Answer 9

NO

Question 10

Is this classified as Drug Abuse Violation?

When a person has a prescription, but uses it in a manner not indicated on the label.

Answer 10

No

Question 11

What is defined as the violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.

Answer 11

Drug Abuse Violations

Question 12

If a person is issued a civil citation for a law violation in lieu of an arrest, do not count this as an arrest. If the person is referred for disciplinary action for the same violation, do you count the referral?

Answer 12

Yes

Question 13

How do you count when the same person is arrested for multiple incidents in the same calendar year? For example, one arrest in February and one arrest in march for the same type of violation.

Answer 13

count each incident

Question 14

How do you classify:

A single incident involving 10 Liquor Law Violations that results in the arrest of 10 students

Answer 14

10 arrests

Question 15

Any situation where a young person, in lieu or an arrest, is cited, summoned, or notified to appear in juvenile court is classified as what?

Answer 15

an arrest

Question 16

Juveniles taken into custody or arrested but merely warned and released without being charged; can this be counted as an arrest?

Answer 16

YES

Question 17

Student Conduct personnel must maintain an audit trail and should include

Answer 17

Name of student

incident date

incident time

incident location

report date

reporting office/agency

report number

crime classification

clery geography

Question 18

Four general categories of crime statistics:

Answer 18

Criminal Offenses (primary crimes)

Hate Crimes

VAWA Offenses

Arrest and Referrals for Disciplinary Action

Question 19

TRUE OR FALSE

If an aggravated assault is committed with the use of a firearm in violation of a weapons law, do you count both aggravated assault and the arrest or referral for the Weapons Law Violation?

Answer 19

TRUE

Question 20

Law violation is prohibited conduct that is also a violation of a Clery-countable ______________________

Answer 20

state law or local ordinance

Question 21

Prohibited conduct that is not a violation of a Clery-countable state law or local ordinance, but is a violation of institutional policy

Answer 21

Policy Violation

Question 22

TRUE OR FALSE

Sending a student or employee to complete “Dangers of Alcohol” seminar is not considered disciplinary action.

Answer 22

False

Question 23

If a person is arrested for multiple violations during a single incident (e.g. violations for both drug and liquor laws), how should this be counted?

Answer 23

LEO discretion to determine which violation to count and document why

Question 24

TRUE OR FALSE

A warning is not considered an arrest.

Answer 24

FALSE

Question 25

When an officer detains someone with the intention of seeking charges and a record is made of detention, but is released…is this considered an arrest?

Answer 25

YES

Question 26

Disciplinary Action - if the process involves what three criteria it is a disciplinary action under Clery Act

Answer 26

official receiving the referral must initiate a disciplinary action,
a record of the action must be established, and
action may, but does not have to, result in a sanction.

Question 27

All of the following attributes should be included on an audit trail of student conduct/residence life disciplinary records except which attribute?

Date and time of the incident

Name(s) of Student(s)

Incident Report Number

Name of Adjudicator

Answer 27

Name of Adjudicator

Question 28

Which of the following charge types should be avoided when adding Code of Conduct charges to a student’s record in the institution’s student conduct records management system when the narrative of the incident report fails to establish a Clery-reportable violation of law?

Policy Violation Charge
Combined Charge
Law Violation Charge
Any of these charges

Answer 28

Law Violation Charge

Question 29

When reconciling crime statistics between the campus police or public safety unit and the student conduct unit(s), which of the following statements most accurately depicts the steps institutions should take to compile accurate crime statistics?20

Representatives from campus police/public safety and student conduct should meet to review all Primary Crimes to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Clery Act crime categories to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Liquor, Drug and Weapon Law Violation Arrests and Referrals to ensure there that individuals will only be counted once for each incident (as an arrest or a referral), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Liquor, Drug and Weapon Law Violation Arrests and Referrals as well as any incidents of Dating Violence, Domestic Violence, Sexual Assault, and Stalking to ensure there that there is no inappropriate duplication of incidents/people, then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Answer 29

Representatives from campus police/public safety and student conduct should meet to review audit trails for all Clery Act crime categories to ensure there is no inappropriate duplication of incidents/people (in accordance with Hierarchy Rule), then the campus police/public safety audit trail should be combined with the student conduct unit audit trail to arrive at the final crime statistics

Question 30

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

Answer 30

7 Liquor Law Violation arrests

Question 31

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.

Answer 31

Count the incident as an arrest for a Drug Law Violation in the Public Property statistics

Question 32

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

Answer 32

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

Question 33

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

Answer 33

Include this incident in the crime statistics as 4 Liquor Law Violation referrals for disciplinary action in the Public Property category

Question 34

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

Answer 34

Include six Liquor Law Violation Referrals for Disciplinary Action in the annual crime statistics

Question 35

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.

Answer 35

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.

Question 36

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

Answer 36

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

Question 37

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

Answer 37

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

Question 38

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)?

8 students have been referred for disciplinary action

18 students have been referred for disciplinary action

26 students have been referred for disciplinary action

10 students have been referred for disciplinary action

Answer 38

26 students have been referred for disciplinary action

Question 39

Campus police respond to a report of a disorderly subject in the campus library. They take the subject into protective custody based upon his obvious level of intoxication and his lack of compliance with verbal commands. While conducting a pat-down of the subject, the officers find a butterfly knife, which is unlawful to possess, as well as a marijuana joint. Possession of any quantity of marijuana in this jurisdiction is a criminal offense. Police take the subject into custody and subsequently issue a criminal summons for both the unlawful possession of a weapon and the unlawful possession of a controlled substance. What is the correct classification and count for this incident?20

1 Weapon Law Violation Arrest

1 Drug Law Violation Arrest

1 Weapon Law Violation Arrest and 1 Drug Law Violation Arrest

1 Weapon Law Violation Arrest or 1 Drug Law Violation Arrest (law enforcement discretion should be used to determine which violation to count)

Answer 39

1 Weapon Law Violation Arrest or 1 Drug Law Violation Arrest (law enforcement discretion should be used to determine which violation to count)

Question 40

Which of the following does not apply to counting arrests and referrals for Clery Act purposes?

Only referrals involving students and employees should be included in the annual crime statistics; referrals involving non-students or non-employees should not be included

Only arrests involving students and employees should be included in the annual crime statistics; arrests involving non-students or non-employees should not be included

If a person is arrested for a Clery-reportable Liquor, Drug or Weapon Law Violation and is also referred for the same violation, only the arrest should be included in the annual crime statistics

If a person is referred for disciplinary action for multiple violations during a single incident (e.g., Drug Law and Liquor Law Violations), law enforcement or security officer discretion should be used to determine which violation to count.

Answer 40

Only arrests involving students and employees should be included in the annual crime statistics; arrests involving non-students or non-employees should not be included

Question 41

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?

1 Weapon Law Violation Referral
1 Weapon Law Violation Arrest
1 Weapon Law Violation Referral and 1 Weapon Law Violation Arrest
Not Clery-reportable; Do not include in the institution’s crime statistics

Answer 41

Not Clery-reportable; Do not include in the institution’s crime statistics

Question 42

True or False Reports from local law enforcement of unfounded arrests. Arrests cannot be unfounded.

Answer 42

True

Question 43

How do you count when a person is arrested and referred for disciplinary action?

Answer 43

count the arrest only

Question 44

Is this classified as Drug Abuse Violation?

Illegally obtained prescription drug

Answer 44

Yes

Question 45

Prohibited conduct that includes both law and policy violations in a single charge is

Answer 45

Combined

Question 46

3 things not included as arrests:

Answer 46

policy violations (law violations only)

drunkenness

DUI/DWI

Question 47

How long must documentation be maintained for referrals?

Answer 47

3 years from the latest publication to which they apply

Question 48

TRUE OR FALSE initiation of disciplinary action can be an interview or an initial review of names submitted to an official.

Answer 48

TRUE

Question 49

TRUE OR FALSE Disciplinary action can be initiated in an informal manner.

Answer 49

TRUE