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Phil Glynn/Old Gold and Black

A force to be reckoned with
By Phil Glynn
Perspectives Editor

By virture of its size, location and standing as a private institution, the university is unique. A lot of things change for students when they decide to come here. But does a student change in the eyes of the law once he or she signs up with the university?

In some ways, the answer is yes.

The policy of information exchange between university police and Winston-Salem Police makes it difficult for a student who breaks a local law to hide from university-sponsored judicial sanctions. In other words, students are held to university judicial standards both inside and outside these walls.

Also, the honor code creates a relationship between police and students that doesn’t exist in traditional settings.

"A city officer can either arrest or not arrest any individual," University Police Chief Regina Lawson said.

But because of the honor code, she said, "we have a third level in our judicial system."

A perception exists among many students that University Police has a free hand in investigations, that they can sidestep the constitutional constraints. But overall, says university Police Detective James Rae, a student is a citizen first in the eyes of the law.

"A student has the same rights here as anywhere else," he said.

Different worlds?

But some students argue that the structure of the school’s judicial and honor system creates an environment in which the deck is stacked against them. Some students think the university’s honor code makes the nexus of local and university law unclear.

Not knowing their rights could make students uncomfortable in the presence of a police officer, which might already be a tense situation.

But Ken Zick, vice president for student life and instructional resources, said that it is every student’s right to remain silent.

"I don’t think that is something students do very often," he said.

Zick echoed student sentiment in that the presence of the Honor Code in the student mind is a powerful determinant of student behavior in a legal or judicial setting.

"Students here are honest," he said. "Sometimes they are honest to their disadvantage."

The enforcers

University Police officers are commissioned police officers with full recognition from their state and city colleagues.

And while they work in a unique community, their jobs are often the same as those of their counterparts elsewhere.

But there are certain aspects of campus life that put University Police in a unique position of advantage when it comes to investigations and arrests.

For example, the gated layout of campus makes it more difficult for a criminal to enter and exit undetected.

Zick said he felt that the gate system and the communication between officers at those gates had served

University Police well in the past.

Much like the gates, entries and exits from university buildings are also scrutinized during some investigations, said Rae.

"There is a record kept of the use of the card," said Rae of university police’s ability to track any Deacon OneCard holder’s movements in and out of campus buildings.

He said this technology had been helpful in a number of investigations.

But students shouldn’t be surprised that every swipe at every door is entered into a computer. That feature of the card is clearly outlined in the brochure that is distributed to students.

University Police is an investigative body, often sifting through loads of information to make a case. And at one of the most wired schools in the country, a great deal of information is contained in university-issued laptops.

Police Chief Regina Lawson said students should be aware that the information contained in their e-mail exchanges is subject to police scrutiny in many situations.

"If it’s on the university system, everybody’s got to bear in mind that that is university property," she said.

"Any electronic transmission is public information. Students, faculty and staff need to know that."

For intra-university investigations, Lawson said that the only clearance needed to read a student’s e-mail is consensus between the offices of Information Systems, Student Life and University Police that the information might be useful.

But she said if the evidence contained therein is being used to convict someone of a criminal charge, then the search must be cleared through the Superior Court and the District Attorney’s office.

This situation, though Lawson said it is a rare one, represents a difference between the role of police on and off campus. The police here are also university officials, often involved in intra-university matters with parameters different than matters handled by city or state agencies.

But most situations are governed by the same restraints.

For example, a student can refuse a search by an officer.

Lawson said that a cursory pat down is allowed for an officer to determine whether the suspect has a weapon.

But a student has every right to refuse to speak to an officer or to be searched.

This won’t get the student off the hook, however, she said.

"If you refuse a search and the officer has probable cause, they can detain you."

While the university may be a different environment legally, John Boddie, president of the North Carolina American Civil Liberties Union said the fact that the university is private property shouldn’t change things to the point where students are at a disadvantage.

"Private universities are a little bit like private employers," he said.

"They have rights to monitor what employees are doing. But of course, that doesn’t mean that can do absolutely anything."

Nevertheless, UP’s role is unique among police. Another unique duty is the presence of a police officer at university judicial hearings.

Lawson said this is encouraged and offers many officers the opportunity to see a case through to completion.

Junior David Groban, chairman of the Board of Investigators and Advisors, said most officers simply confirm that the information contained in the citation or report is correct.

But in some cases, they give additional testimony.

Though administrative hearings are not designed to operate like courts, Ricardo Hall, an assistant dean and judicial officer, is sometimes left to sift through conflicting testimony to decide a case.

Groban said the officer is at an advantage in this instance.

"They hold a lot more weight in the dean’s mind than a student does," he said.

A difference of opinion

Many students and their families laud University Police’s work to make campus a safe place. That campus is secure is not in doubt. And officials at every level agree that students’ rights are protected in police matters.

But this hasn’t changed the minds of students whose experiences with the law have left a bad taste in their mouth.

A senior who asked to remain anonymous recalls a night when he was stopped by an officer and cited for underage drinking. He said he remembered the officer acting in a condescending manner.

"Some officers really seem to care about student welfare and safety," he said.

"But others are more concerned with asserting their own power and busting kids for minor offenses."