As Bell Week looms close, everyone makes preparations, including local law enforcement. This celebration and glorification of Wabash has an ugly side as well.
Greg Miller is a local attorney and Wabash graduate of the class of 1983 who has represented Wabash students in court.
“Surrounding Monon Bell week,” he said, “you get a lot of fighting and unruly behavior. I’d say that there’s a heightened sense of awareness in the community of Monon Bell week. There have just been too many bad experiences with it in the past.”
Students should be especially aware of public intoxication laws, which Miller says are the laws Wabash men most often break. Students are also sometimes convicted of theft or check deception, both of which can carry heavy penalties.
“There have been instances when students have stolen property from locals, such as stealing a tree from a yard to put up a Christmas tree in the fraternity house,” Miller said. “Trees tend to be really valuable, especially a mature tree, as they are basically irreplaceable.”
In a case of property damage, the owner can seek up to three times the value of the damage in retribution. Additionally, if a student is under 18, his parents can be liable for up to $5,000 in damages.
One law students may not be aware of, and for violations of which at least two students were arrested recently, involves transportation of alcohol. According to Indiana law, no person under the age of 21 may transport alcohol unless a parent or guardian is present. So, even if someone over 21 is in the car, someone under 21 may not drive while alcohol is in the car.
Fortunately, in cases such as alcohol transportation and public intoxication, which Miller says is the charge most often filed against Wabash students, the accused may not face trial.
“Nine times out of ten you’re going to be able to put the student on what’s called pre-trial diversion,” Miller said. Under this type of program the accused, instead of admitting guilt, agrees to follow the conditions of the program, pay a user fee, and must not commit the crime again for a certain period of time, usually a year. Then, the state drops charges. “So you have a record of arrest, but you have no conviction on record, which is very helpful for things like insurance and, later on, jobs,” Miller said.
A conviction for minor consumption, public intoxication, or, worse yet, driving under the influence may be an issue in a job interview at a later date. In this circumstance, Miller recommends that the person speak frankly and honestly and live up to his mistake.
According to Miller, one area in which Wabash students are ignorant of the working of the law is Wabash’s relationship with the Crawfordsville Police Department (CPD).
“I think [the notion that CPD ignores what goes on at Wabash] is tremendously exaggerated,” he said. “The CPD’s job is to enforce the law. Wabash College is part of Crawfordsville … and students need to understand that the CPD will enforce the laws, and there’s no free ride in their behavior.”
In Indiana, the Indiana State Excise Police enforce the state’s alcohol and liquor laws in addition to local police departments. While this branch of the Indiana Alcohol and Tobacco Commission focuses mostly on regulating commercial establishments, it also enforces the state laws at public functions. This could include situations like Wabash’s National A
ct.
“Members of the public are invited, and it’s certainly been a situation where you could have an undercover excise police officer there looking for underage consumption,” Miller said. These Excise officers have the authority to make arrests just like any other police officer.
Wabash students can always expect the CPD to be active in the city and on campus, especially during Bell week.
“Have I had occasion that’s ever indicated to me that the CPD go undercover and look for [alcohol violations]? No. Do they routinely patrol the campus? Yes, in the sense that they routinely patrol the city, and the campus is a part of the city. So the campus is routinely patrolled,” Miller said.
Another area of the law of which Wabash students may not be aware is hazing. Indiana law prohibits most forms of physical and psychological hazing. Students found guilty of hazing could face serious criminal charges such as a class D felony, which could mean up to 18 months in jail and fines. Attorney fees for such situations can also be very expensive.
Many fraternities or non-Greek groups that sponsor parties may also incur liability from their functions if they do not exercise care. According to Miller, local chapters and national or international fraternities may be liable for any person who incurs injury or harms another person during or after consuming alcohol at a party.
“I always council fraternities and other social organizations that one way of avoiding potential liability and the potential for criminal repercussions is to avoid common source alcohol. That is to say, avoid kegs and big groups of guys going in to purchase large quantities of alcohol,” Miller said.
He also advises party organizers to have a means of determining which guests are underage and may not consume alcohol. “There need to be some very hard and fast rules that are not very popular,” he said. “I certainly realize that, and I always try to balance my advice with what I know went on when I was a student and what I know now as a 45 year old alum. Sometimes futures are ruined or futures are made more difficult than they need to be by an incident with alcohol.”