Legal and Ethical Issues

Institutional Authority vs. Law Enforcement on Campus

The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus police in relation to incidents involving students. Further this work will consider the effect that the failing view of education has had on the view of the importance of education. Finally this work will explore the 4th and 14th Amendment of the U.S. Constitution and what effect these two amendments should have on aspects of administration affairs in relation to students.

In 1894 Yale University and the New Haven Police Department joined efforts in the prevention of crime on the college campus. The role of the officer on campus was ill defined and there are still discrepancies today as to exactly what the dividing line between the campus police officer and the university administration should address in regards to incidents involving students. Border and Peterson, in their work "Campus Policing" write concerning college students that:

"This group is composed largely of middle to upper-middle class scholars and students possessing above average intelligence and idealistic motives who come to campus to work or get an education and not to commit campus crime. This constituent group bears little resemblance to the cross section of society to whom the local police officer is responsible.

I. The Police Officer on Campus: Prevention and Enforcement

The goal of campus policing, indeed the Campus Security Act passed in 1990 signed by President George Bush, Sr., is one that addresses the "prevention" of crime on campus and does not focus toward the officer making arrests. Indeed, it is the role of the officer on campus to enforce the institution regulations and to prevent crime. The Campus Security Act spells out the duty of the campus police officer as just that, prevention of crime.

Further stated is responsibility for the enforcement of regulations of institution, the posting of statements providing crime statistics, crime warnings, suspicious persons warnings, statement of current campus policies. Finally, included is the officer's duty to provide instructional information, perhaps even safety programs to inform and educate the students concerning procedures, policy and regulations and further to encourage accurate and correct reporting of all crimes. In short, the police are not placed on campus for invasive investigation but for the prevention of crime and to assist in student awareness of policy and for providing warning of perpetrators on campus.

II. Value of Education:

It appears that individuals in the United States still value college educations. Over the past ten years it seems that the importance applied to a college education in view of the substance that it provides within the community and society has slipped away. A college education is still very important, if not so in today's information society. The government does not make provisions for college as should be done by a government that claims to value education and a society of substantial citizens. It is a paradox however, for so many individuals who do have a college education to be unemployed in this supposedly "enlightened" knowledgeable society.

III. The Fourth and Fourteenth Amendments to the U.S. Constitution

The Fourth Amendment is in relation to search of home and seizure of personal effects and property. Campus police who are over-zealous and extend themselves past the duties to which they are assigned may very well cross a constitutional line when searching dorm rooms and residence halls.