Law Enforcement – 1.1004

Policy No. Policy No. Subject: Issued by: Approved: Effective: Revised:

Subject: 1.1004

Issued by: Law Enforcement

Approved: Division of Administration 3/9/2012

Effective: Revised: 3/12/2012 – 11/10/2011

POLICY: Faculty, staff, and students are responsible for observing all federal, state and local laws and university policies, procedures and regulations. The Office of Administration, through the President, will coordinate campus support and facilitate the criminal prosecution of students and non-students who violate university policies, procedures, and regulations or local, state, and federal laws on university property. The Office of Student Affairs, through the Campus Safety

  • Office, will coordinate and request arrest warrants or restraining orders on students and non­ students who violate campus policies, procedures and regulations.
  1. CRIMINAL PROSECUTION PROCEDURES:
    1. Based upon an incident report or formal complaint, an arrest warrant will be filed against a student or non-student violating university policies and/or local, state, or federal laws on the premises.
  • The Office of Student Affairs will consult with the university attorney to review the violation and to determine the appropriateness of seeking criminal prosecution.
  • Upon the advisement of the university attorney and with the concurrence of the President, the Office of Student Affairs will assist the courts, as necessary, by arranging for witnesses to testify or by serving subpoenas to resident students, as requested.
  • When the University is the complainant, the Office of Student Affairs will establish contact with the prosecutors’ offices and monitor the progress and final disposition of the case.

IL      ARRESTS PROCEDURES

  1. Based upon an incident report or formal complaint, an arrest warrant will be filed against a student or non-student violating university policies and/local, state, or federal laws on the prermses.
  1. For a crime committed against an individual on campus:
    1. Once contacted, Campus Safety will dispatch an officer to the scene.
    1. The officer will assess the situation; notify the front gate for back up and/or request Miami Gardens Police assistance (if necessary).
    1. If possible, Campus Safety will detain the assailant until Miami Gardens Police arnve.
    1. Should the assailant escape or departs the area, Campus Safety will assist Miami Gardens Police by providing as much identifying information as possible to complete an arrest warrant.
  • For a crime against property:

a     Campus Safety will intervene to protect the university property.

  • If the perpetrator is determined to be a student, an incident report will be prepared and referred to the office of Student Affairs for disciplinary action.
  • In the case of a non-student, an incident report will be prepared and submitted to the Office of Administration for appropriate action.
  • The Office of Administration (for non-students) and/or the Office of the Vice President of Student Affairs (for students), as appropriate, will consult with the university attorney to review the violation and to determine the appropriateness of seeking an arrest or a restraining order.
  • With the benefit of counsel from the university attorney, the Office of Administration will request authorization from the President to file an arrest warrant or to seek a restraining order against the perpetrator(s), as appropriate.
  • File the complaint and request either an arrest order or restraining order with the appropriate law enforcement agency.
  • Concurrently, with respect to a student, initiate disciplinary actions through the appropriate hearing body, as appropriate.

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