Criminal charges: How would USU respond?
Recently, Cache Valley Daily reported a 21-year-old from Logan had been arrested for meeting with a 13-year-old girl, but who turned out to be undercover police officers.
The man was booked into Cache County Jail on three counts of enticing a minor by Internet or text, two second-degree felonies and one third degree felony.
He was later released after posting a $10,000 bail. Formal charges are still pending.
While it is unconfirmed whether or not the man is a Utah State University student or affiliated with the university, his Logan residence and age mean affiliation could remain a possibility which poses a question — how do USU officials respond to such instances?
In the event any student or faculty member is faced with criminal charges, USU has a number of policies and procedures in place.
Amanda DeRito, a USU spokesperson, provided a look into the preventative policies that are in place.
“Numerous university policies address the prevention and response to crimes, with specifics depending upon the nature of the criminal activity,” DeRito said. “You can find USU’s policy library at usu.edu/policies including policies pertaining to students and employees.”
Some of the examples DeRito provided include policies addressing sexual misconduct, prevention of violence in the workplace, requirements for criminal background checks and guidelines for safety, security and crime prevention and response.
USU has policies covering various types of sexual misconduct including sexual assault, stalking, dating and domestic violence. They can be found under sections 339, 339A and 339B.
These policies apply to sexual misconduct committed within or outside of employment, or educational environments as long as USU has control.
USU also has policies that prevent violence in the workplace, which is defined as “any physical assault, threatening, or intimidating behavior, or verbal abuse occurring in the work setting.”
Employees who engage in workplace violence will be removed from the premises, subject to disciplinary action up to and including dismissal or expulsion and/or subject to arrest and criminal prosecution. The full policy can be found under section 342.
USU regulations relating to requirements for criminal background checks for prospective and existing employees and volunteers can be found under section 386, and guidelines for safety, security and crime prevention and response can be found under section 533.
Marisa Davis, a USU senior, was unaware that specific preventative policies were in place.
“It makes sense that they have them,” Davis said. “I think it’s important to have a plan.”
Additionally, the Student Code of Conduct Article V-2 addresses violations of federal, state and local laws. The university may seek disciplinary action for any of these violations that affect the university’s interests.
“Note that university disciplinary action may be instituted against a student who is alleged in either a civil or criminal proceeding to have violated the law or the rights of others, when the student’s actions also constitute a violation of university standards,” DeRito said.
When there is an allegation or conviction of a crime, regardless of whether it’s by a student or an employee, the university addresses it according to the policy that is relevant to the circumstances.
USU also reserves the right to assess the situation for risks to campus safety and takes appropriate action to address safety risks.
Article V-2 noted, “Disciplinary proceedings may be commenced without regard to the pendency of civil litigation or criminal prosecution; University discipline may be carried out prior to, simultaneously with, or following civil or criminal proceedings conducted by off campus persons or authorities.”
The procedures are the same for all violations, although the consequences will differ depending on the severity of the violation, and other factors.
Davis further commented on that clause and said that she feels conflicted.
“I feel like students have a chance to make a cause for themselves before they are punished for an alleged offense,” Davis said. “However, it also makes sense that the university wouldn’t want to risk additional offenses in the period of time before a civil ruling is to come.”
In the event that the violation poses a threat to other students, a panel of USU officials convenes to determine the severity, and the appropriate consequences.
“For employees, the assessment of how to address a criminal offense would include the nature of the crime, severity, recency, frequency, and sometimes even the number of individuals impacted by the crime,” DeRito said regarding cases involving faculty.
Depending upon the nature of an allegation, other offices may be involved in the implementation of policies they oversee compliance with.
Additionally, USU maintains a full-time, 24/7 police force to prevent and respond to crimes on university property.
-Jared.Adams@usu.edu