Legal counsel cautions students about conduct on Unofficial

Hasan+Khalid+of+The+Daily+Illini.+Overhead+view+of+Unofficial+goers+walking+across+Green+street.%0A

Hasan Khalid of The Daily Illini. Overhead view of Unofficial goers walking across Green street.

By Steffie Drucker

Thomas Betz says he’s probably the only person who hopes the average temperature next weekend is 15 below zero.

“And I hate the cold,” said Betz, the director of student legal services. “I’d like to see less partying on Unofficial. I think students should save their money and go to Cancun … for spring break and enjoy some warm weather while they party a little bit rather than do it here.”

However, Betz, who has been with the University since 1986, has experienced each Unofficial and knows that bad weather hasn’t stopped young people from traveling to Champaign-Urbana from out of state to celebrate the event.

In fact, he said, of the several hundred city or misdemeanor tickets issued during each Unofficial, “overwhelmingly, most of these cases are from other universities.”

Betz says he’s noticed that University students “have been very well-educated on Unofficial. They’re used to the alcohol culture on this campus.” Because non-University students aren’t as familiar with local policies and law enforcement, they tend to run into trouble more often.

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“Because they’re away from home, they have a different attitude about us and the community … they get in more trouble than they ordinarily would,” said Steven Beckett, director of the trial advocacy program at the University and “of counsel” to Urbana firm Beckett and Webber.

“They don’t see the consequence that our students do,” Betz said. While University disciplinary officials don’t have authority over students from other schools, Betz said, “that information gets shared. People naively think that they’re out of town so they can do as they please — but that’s a big mistake.”

The consequences of Unofficial extend beyond the criminal justice system. 

“Just because you pay the $330 doesn’t mean it’s over,” Betz said. “It’s the other consequences that come back to haunt.”

If Champaign, Urbana, University or state police arrests a University student, Betz guarantees that the report will go to the University Office of Conflict Resolution. 

“There is a code of conduct for students on campus, and any sort of violation of the law potentially subjects a student to that code,” he said. 

The nature of the offense can affect a student’s transcript or their ability to stay at the University, he added.

Betz stresses to students that consequences can extend beyond the University and affect their adult lives in later years. 

“In terms of employment and housing discrimination, felony conviction is not a protected class so you can be discriminated against,” he said. “And many states permit discrimination in cases of misdemeanor for housing, depending on the nature of the misdemeanor.”

Beckett agreed that there are many different outcomes for students that interact with law enforcement on, or as a result of Unofficial, and that these outcomes depend heavily on the circumstances of the individual incident. Student Legal Services only covers misdemeanor charges, and for any federal charge students must seek other legal councel.

“There are lots of options and lots of variables,” he said. “The more complex your case gets, the more you need a lawyer.”

Before students get to that point, though, Beckett and Betz have advice as to how to interact with law enforcement officials.

First and foremost, remain calm and polite with the officer, Beckett advised. 

“You should refer to the officer as ‘sir’ or ‘ma’am’ as the case may be, or ‘officer,’” he said.

Students must also be cooperative and truthful. “If they ask for an ID you should give them an ID and it should be legitimate,” he said. Presenting an officer with a fake ID could result in a charge of obstruction of justice, he added.

“For God’s sakes, never take off running,” Betz said.

Betz said the biggest mistake students make is arguing with officers. 

“I always joke with students that (officers) have a gun and you don’t,” he said. “There’s no point in the argument. The place for the argument is in court, not on the street.”

If a student commits a violation and the officer wants to pat them down for officer safety, Beckett warns students not to overreact, as it can lead to more serious charges.

If a student is going to be arrested, “they do have a right to remain silent,” he said. “It isn’t being uncooperative to assert that right. You can’t be charged because you said ‘I’m not going to answer any of your questions.’”

Students hosting parties at their residences also have certain responsibilities to be aware of. According to the Social Host Law, which took effect on Jan. 1, 2013, those hosting a party where minors are knowingly served will be fined $500 and guilty of a Class A misdemeanor. If that minor’s actions result in great bodily harm or the death of another person, the host of the party is subject to a Class 4 felony.

According to a pamphlet of party guidelines put out by student legal services, hosts may not charge cover or for items (bracelets, stamps, etc.) that represent purchase of a right to drink. They may not charge for cups. They also may not charge for cups of alcohol without a retail liquor license. No more than one keg (including empty kegs) is allowed on the premises without a K-license.

Betz also emphasized the importance of reading the lease before throwing a party, as some leases may prohibit parties and noise during certain hours. 

“The cops might not even bust the party, but the landlord may say ‘You’re outside the terms and conditions of the lease. I’m filing a notice to have you evicted,’” he said. “In this weather, you don’t want to be moving your stuff.”

Despite all the potential for run-ins with the police during this event, Beckett said law enforcement isn’t out to get students or stop them from having a good time.

“The objective of law enforcement is ‘Can we get through this weekend? Can everybody have the good time they want to have but can they do it in a good, controlled way?’” he said. 

Betz and Beckett both said they hope to see an end to Unofficial in the future.

“Every university has something that is a little bit of a blemish,” Betz said. “This has been turned into a real commercial, ugly ‘drink until we drop event.’ And, I think it’s kind of embarrassing that this goes on. I think it gives the University a really ugly name.”

Steffie can be reached at [email protected].