Monday, April 16, 2007

Anticipating Legal Issues in Higher Education

by Steven O. Janosik

NASPA Journal, Vol. 42, No. 4, pp. 401-414

(Official website of the National Association of Student Personnel Administrators)

A Case Study: Gun Possession on College Campuse

Gun control is a hotly debated issue in this country.

This debate notwithstanding, many college administrators have decided that guns should not be allowed on campus.

In a recent study (“NationalSurvey,” 2003), researchers found that 80% of the campuses surveyed prohibited guns altogether or exercised strict control on gun possession. The remaining 20% required gun registration or prior authorization.

College administrators have acted on notion that they should
be able to create reasonable rules to maintain order and ensure the
integrity of the academic mission of the institution. Bickel and Lake
(1999) suggest that this deference by judges to higher education as a
special environment may be changing. By using both of the mecha-
nisms described in this paper college administrators can become more
aware of how the issue of gun possession is developing and begin to
plan their response.




The administration at Virginia Tech, affliated with Virginia Military Academy tried to stop the possession of concealed weapons on campus.



WHO WAS THE STUPID JUDGE WHOM DIDN'T SEE THIS COMING?


Wednesday, April 13, 2005

Virginia Tech's ban on guns may draw legal fire

Some people question whether the university has the authority to ban the carrying of firearms.


By Kevin Miller 381-1676

BLACKSBURG - Virginia Tech's recent action against a student caught carrying a gun to class could draw unwanted attention from groups already angry about firearms restrictions on public college campuses.

University officials confirmed that, earlier this semester, campus police approached a student found to be carrying a concealed handgun to class. The unnamed student was not charged with any crimes because he holds a state-issued permit allowing him to carry a concealed gun. But the student could face disciplinary action from the university for violating its policy prohibiting "unauthorized possession, storage or control" of firearms on campus.

Tech spokesman Larry Hincker declined to release the student's name or specifics of the incident, citing rules protecting student confidentiality. But Hincker said Tech's ban on guns dates back several decades.

Students who violate the school policy could be called before the university's internal judicial affairs system, which has wide discretion in handing down penalties ranging from a reprimand to expulsion.

"I think it's fair to say that we believe guns don't belong in the classroom," Hincker said. "In an academic environment, we believe you should be free from fear."

Most public colleges in Virginia ban or restrict guns on campus. But the root of that authority is murky, according to some observers.

Virginia law already prohibits students or visitors from carrying guns onto the grounds of public and private K-12 schools. The state also prohibits concealed weapons in courthouses, places of worship during a service, jails and on any private property where the owner has posted a "no guns" notice. State employees are barred from possessing guns while at work unless needed for their job.

But Virginia code is silent on guns and public colleges. And two bills seeking to give college governing boards the authority to regulate firearms on campus died in committee during this year's General Assembly session.

David Briggman, a resident of Keezletown in Rockingham County, has made it his personal mission to challenge state colleges' authority to enact tougher gun restrictions than the state.
Briggman, who is a former police officer, said he forced Blue Ridge Community College to allow him to carry a gun onto campus while a student. And he sued James Madison University over its ban on concealed weapons even among permit holders. While JMU's policy still stands, Briggman said he has been told by campus police officials that they will not arrest visitors who carry a gun legally.


"It's extremely easy to challenge university policy by looking at ... whether they are given the statutory authority to regulate firearms on campus, and of course, they're not," Briggman said Tuesday.

Hincker, meanwhile, said it is not unusual for colleges to have more restrictive policies than the state. As an example, Hincker said certain chemicals and explosives that are legal on the outside are prohibited in the classroom or in dormitories for safety reasons.

"We think we have the right to adhere to and enforce that policy because, in the end, we think it's a common-sense policy for the protection of students, staff and faculty as well as guests and visitors," Hincker said.

Virginia Tech also has the backing of the Virginia Association of Chiefs of Police. In a policy position paper dated April 1, association executive director Dana Schrad wrote that the presence of guns on college campuses "adds a dangerous element to an environment in which alcohol is a compounding factor." Students should not have to be concerned about guns on campus, Schrad wrote.

"The excellent reputation of Virginia's colleges and universities depends in part on the public's belief that they are sending their college-age children to safe environments," the policy paper reads.

At least one attorney who represents college students would like to see the concealed-carry permit issue clarified.

John Robertson, the Student Legal Services attorney at Tech, said he's heard differing interpretations of the policy at Tech. Robertson, whose position is funded through the Student Government Association's budget, does not represent students in disputes with the university but offers free legal advice and services to students on civil and criminal matters.

Robertson said he would like to see either a court or the state Attorney General's Office resolve the matter. As for a university's refusal to honor a concealed-carry permit, Robertson added: "I am dubious that one particular arm of the state can do so without a particular statute."
Hincker acknowledged that the concealed guns issue had "never been tested" and that the university could be opening itself up to legal action.


"But we stand by the policy unequivocally," Hincker said.

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Current satellite - click on 12 hour loop



April 16, 2007

1330 z

Water vapor satellite of the north and west hemisphere

See that large white cloud over the Pacific Ocean? Pay attention to it. It's coming this way.


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Storm Kills 1 in Dallas-Fort Worth Area




...At Dallas-Fort Worth International Airport, 39 flights were canceled this morning based on planes being out of place last night, but operations are running normally otherwise, a spokesman said. On Friday night, 126 flights were canceled....

...The steeple that beckoned sinners and believers to Valley Missionary Baptist Church since 1951 now rests in a nearby lake, stripped of its cross but still pointed heavenward.

Between the church and the water, saffron and burgundy colored choir robes are strewn across a grassy embankment and a chandelier that once lit the sanctuary, hangs from the broken branches of a once-stately tree. Despite the loss of his church Pastor James Redd, who gathered with a handful of the church’s 100 members Saturday, called the tornado “a blessing.”

“The chief carpenter has spoken,” he said. “We’ve been talking about remodeling and this is remodeling time.”

His wife, Guenda, said although church members had wanted to refurbish the sanctuary, they had not been able to decide just where to start. Friday’s tornado renders such a decision moot....
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April 14, 2007

Prospect, Texas

Photographer states :: Deion Sanders' House Faces The Storm. The ominous look of this tornadic storm bears down on Professional Football player Deion Sanders' house. I took this on my way home last night from chasing.
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NWS Now Says Three Tornadoes Touched Down In North Texas



Friday, April 13, 2007

Holtom City, Texas

Photographer states :: Batter Up! We had a tornado about 5 miles south of here last night. We just got a little Texas sized hail. This piece had melted a little before we got it. Lots of damage here.
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April 13, 2007

Celina, Texas

Photographer states :: Early signs of the Moderate Risk in the southern plains today.
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This is a supercell from the ground. The 'center' is the absence of clouds where sunlight changes the color. Rotation clouds are obvious.



April 12, 2007

Polvedera, New Mexico

Photographer states :: Looking west just before sunrise.

Photographer states :: Looking west just before sunrise.
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As the vortexes make their way across the USA they gain heat increasing their dynamimcs



April 15, 2007

1930 z

Water vapor satellite of Hemispheric north and west hemisphere

The USA is literally creating it's own monsters of self destruction.



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As of April 11, 2007 the vortexes were making their way onto terra firma.



April 11, 2007

1430z

Infrared satellite of GOES West
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The severe weather in the Northeast started a week ago



April 9, 2007

1630z

This is a water vapor satellite noted one week ago on this blog. I cited then the 'street of vortexes' off the west coast of North America, over the Pacific. I also stated they were due to a 'piling up' of air when the Arctic Air was displaced off the pole to the lower 48 states.


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