Increased police activity frustrates students, administration

Author: Polly Johnson

As more of Middlebury's social life moves off campus and into the town bars, the more risk students face - especially underage students attempting to gain entry and drink in these bars - being caught and cited by one of the several Middlebury Police Department (MPD) officers who monitors town nightlife.

While there are generally few conflicts between the school and town, the number of students being cited for alcohol-related violations has put a strain on the relationship.

In town, the problem spots include Two Brothers Tavern, Mr. Up's and Angela's. Underage students gaining entry into any of those bars are subject to questioning by officers at anytime, according to Middlebury Chief of Police Tom Hanley. He said, "Anybody is subject to be questioned in a bar. The officers can ask anybody anything at anytime. And they do that regularly, especially at the bars where we've had conduct issues." He clarified that conduct issues definitely have not always involved College students. He went on to state the obvious - that "underage drinking is a state law and is always illegal." In a letter Hanley is sending out to next year's incoming class, the law states, "state law prohibits possession of alcohol by persons under the age of 21. This prohibition is universal, and extends to both public and private property, including campus property."

For a first offense, a person is issued a civil ticket and is required to undergo an alcohol education program, pay a fine and complete a certain number of community service hours. For subsequent offenses, criminal penalties as well as the creation of a criminal record will ensue.

While these laws seem clear and straightforward, the College has seen an increase in police-student interactions, increasing fear among the members of the student body who frequent the town bars.

Dean of Student Affairs Ann Hanson noted, "We have noticed an increase in police interactions with our students this year. Our relationship with the police is important to us. We occasionally need their help and we have enjoyed positive relations with them for many years. We are concerned however, to hear from students that they feel like they are being harassed by the police and we have been meeting with the chief to better understand the situation."

The students who have been cited include both over and underage students. Gillian Thompson '07, who is 21, was walking back from town on a recent Thursday night with several students when she was stopped by the police. According to Thompson, "I was surprised when the cops singled me out and asked to see my ID, because I was one of several students walking back to campus on the sidewalk." By her account, "a cop car pulled up alongside of the sidewalk, and two cops asked to see my ID and asked if they could breathalyze me. I asked what would happen if I refused the test, and they said that they could take me down to the station. Being 21, I readily gave them my ID and submitted myself to a breathalyzer test. After detaining me to ask questions about my ID and run my license, the officers told me that I needed someone to walk me home, but they would not let me walk home with anyone who had been drinking at the bar."

Thompson was annoyed that she had been randomly selected, apparently for the reason that she was walking barefoot because her feet hurt from her high-heeled sandals.

The issue of receiving a breathalyzer test is a main source of confusion for students. Hanley explained the process, stating that "the breathalyzer can work in a student's favor. All the officer needs is reasonable cause to believe that a student is underage and consuming alcohol, a factor that can be determined by behavior, conduct or appearance. All the breath test does is confirm that there is a blood alcohol content (BAC), which can't be brought into the court later on. It is a standard procedure. Anybody can refuse a test, but if it is refused and the officer believes a person is drinking, that person could end up getting a ticket, and it is up to the student to fight the ticket."

Lisa Yuo '07, while understanding that entering the bar with a false identification was illegal, felt that she was unfairly singled out by the officers. She recalls of her incident, "The officers did mention taking me to Rutland which was completely uncalled for given that I was being pretty cooperative. He asked me if I wanted to take a breathalyzer test but I hesitated and asked him what good it would do. He just told me it showed that I was being cooperative, so I prodded for more information but he just got impatient, didn't answer me, and shoved it [the test] back into his car." Yuo felt that the tone of the officers was "very menacing."

Hanley notes in regards to the number of citations given recently, "There has been an increase town-wide, but the student numbers have certainly been higher. This must be all put into perspective, however. There are many more students now than there were a few years ago. When you consider how many students are moving about town between 11 p.m. and 2 a.m. - on foot, in vehicles - the actual number of contacts with police is a very small percentage. When you compare this with the number of contacts the police have town-wide, the percentage of contacts with students is quite small."

Another misconception by students is that once they are on school property, they are safe. According to Hanley, for the most part officers are not concerned about students on campus property, however, if "a student is endangering himself or others," the officers have full right to stop them. Additionally, he reinforced, "underage drinking is a state law. A student can't be underage drinking anywhere, at anytime."