328.1 Arrests on the Furman Campus

Created by: Dana Trebing on 05/16/2003
Category: 3 - Finance and Administration; 20 - Security/Traffic
Originator: President
Current File: 328.1
Adoption Date: 04/10/2003
Reviewed for Currency: 04/10/2003
Replaces File: 328.1
Date of Origin: 07/24/1975
In Archive? 0

328.1 Arrests on the Furman Campus


A. Background

Federal, state and county criminal laws apply equally to all individuals on campus without regard to their race, color, national origin, sex, age, or institutional status. The Public Safety Department maintains a staff of commissioned law enforcement officers to prevent and to investigate alleged violations of these laws. If the evidence developed during such an investigation establishes probable cause that a person or persons committed a criminal offense, the Public Safety officers have a legal and ethical obligation to take appropriate action. Furman has a legal obligation to report felonies to prosecuting authorities. The law allows some flexibility in the handling of misdemeanors.


B. Policy

The Public Safety Department is responsible for investigations of alleged violations of criminal statutes. The department will bring criminal charges against persons believed to have committed felonies. In cases with substantial mitigating circumstances, the Director of Public Safety will explain to the Solicitor's office why charges are not being filed. After reviewing the facts, the Director of Public Safety will decide if criminal charges are to be made against persons believed to have committed a misdemeanor. Public Safety officers also must adhere to an extensive departmental policy on arrests. The Public Safety officers are responsible for assisting law enforcement agencies when their investigations bring them to the campus. The Director of Public Safety will inform appropriate university officials of criminal charges and arrests.


C. Guidelines

1. In most cases the interests of the Furman community can be protected by stopping conduct which violates the law, identifying the offender, warning the offender, investigating and gathering evidence. When appropriate, the information shall be presented to an appropriate magistrate or judge to obtain a warrant for the arrest of the offender. Only in cases involving weapons, bodily harm, immediate threat to the community or probable flight to prevent prosecution should it be necessary to make an arrest without a warrant.

2. In determining if a misdemeanor case should be taken to prosecuting authorities, the Director of Public Safety must recognize the special nature of the University community. While attempting to safeguard and protect the community, the Director has concern for the individual. Careful attention must be given to the intent of the offender and the motives in committing the offense, e.g., a prank vs. personal gain.

3. Before making an arrest , the Public Safety Officer must ensure that there is sufficient evidence that a crime was committed and the party to be arrested is guilty.

4. Arrests are made for violations of county ordinances, state, and federal laws.

5. Arrests based on personal prejudice, anger, or other improper motives are prohibited.