Introduction

University Police & Safety Office

Campus safety and security are coordinated by the university police department, which employs a force of nine full time armed officers. Emporia State University police officers are qualified commissioned officers who have attended the Kansas Law Enforcement Training Center (KLETC) where they receive fourteen weeks of formal basic training. After KLETC certification, ESU officers complete an intensive field training program supervised by certified Field Training Officers. Additionally, all officers must attend a minimum of forty hours of continuing education yearly. University police officers have the same training, authority and responsibilities as officers employed by city and county law enforcement agencies across the state.

The objective of this department is to help provide and foster a safe secure environment conducive to living and learning and to protect the lives and property of the students, faculty, staff and visitors of Emporia State University. This objective is pursued within the framework of Emporia State University rules and regulations as well as local, state and federal laws. The investigation of crimes committed on campus fall under the jurisdiction of the University police department. The University police work closely with the Emporia police department, Lyon County Sheriff’s department, Kansas Highway Patrol and various other state and federal law enforcement agencies. Distance Education Students are instructed to contact the police agencies having jurisdiction over site locations for information regarding local & state regulations and penalities. Distance learning contact numbers

Alcohol and Other Drugs

The illegal possession and/or use-of marijuana, barbiturates, amphetamines, hallucinogenic compounds, narcotics and other controlled substances are in violation of state and federal law.

Listing of Alcohol Offenses & Related Penalties (State of Kansas)
Distance Education Students are instructed to contact the police agencies having jurisdiction over site locations for information regarding local & state regulations and penalities.Distance learning contact numbers

Driving Under the Influence (DUI)
Emporia City Ordinance # - Section 30 (A-2)
Kansas State Statute - 1567
Penalties may include:

$ 350.00 fine

     40.00 court cost

     50.00 supervisor fee

90 days in jail, 48 hours are mandatory and probation for one year; driver's license is suspended for 6 months, one year for under-aged persons.

Minor in Possession of Alcohol or Cereal Malt Beverage
Emporia City Ordinance # 4-44C & 4-21
Kansas State Statute - 41-727
Penalties may include:

$ 250.00 fine

     40.00 court cost

40 hours community service; driver's license will be suspended or a restriction will be placed on it.

Providing a Cereal Malt Beverage or Alcohol to a Minor or Under-Aged Person
Emporia City Ordinance # 16-97
Kansas State Statute - 3610 & 3610 A
Penalties may include:

$ 250.00 fine

     40.00 court cost

40 hours community service or driver's license suspended for 30 days.

Open container in public
Emporia City Ordinance # 4-47 F
Penalties may include:

$ 30.00 fine

   40.00 court cost

Keg Ordinance
Emporia City Ordinance # 99-29
Penalties may include:

$ 250.00 fine

     40.00 court cost

City, State and Federal Ordinances for Alcohol and Illegal Substances

City and State Ordinances for Alcohol for Kansas

Distance Education Students are instructed to contact the police agencies having jurisdiction over site locations for information regarding local & state regulations and penalities. Distance learning contact numbers

 

Article V, Sec. 16-97 Furnishing intoxicants to a minor.

(a) Furnishing intoxicants to a minor is directly or indirectly, selling to, buying for, giving or furnishing any intoxicating liquor to any person under the age of twenty-one (21) years.

(b) Furnishing intoxicants to a minor is a Class B misdemeanor. State Law Reference - K.S.A. 21-3610.

State Law Reference - K.S.A. 21-3610

Sec. 4-20 - Consumption in public places

(a) No person shall drink or consume alcoholic liquor on the public streets, alleys, roads, or highways, or inside vehicles on the public streets, alleys, roads, or highways.

(b) No person shall drink or consume alcoholic liquor on private property except:

(1) On premises where the sale of liquor by the individual drink is authorized by the Club and Drinking Establishment Act pursuant to the laws of the State of Kansas;
(2) By a person occupying such property as an owner or lessee of an owner and by guests of such person, if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803 and amendments there to takes place;
(3) In a lodging room of any hotel, motel, or boarding house by the person occupying such room and by the guests of such person if no charge is made for the serving or mixing of any drink or drinks of alcoholic liquor or for any substance mixed with any alcoholic liquor and if no sale of alcoholic liquor in violation of K.S.A. 41-803 and amendments thereto takes place;
(4) In a private dining room of a hotel, motel, or restaurant, if the dining room is rented or made available on a special occasion to an individual or organization for a private party and if no sale of alcoholic liquor in violation of K.S.A. 41-803 and amendments thereto takes place.

(c) No person shall drink or consume alcoholic liquor on public property except:

(1) On real property leased by a city to others through the provisions of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real property is actually being used for hotel or motel purposes or purposes icidental thereto, or pursuant to the provisions of section 4-25. In any state or county owned or operated building or sturcture unless otherwise authorized pursuant tot he provisions of K.S.A. 41-719 as amended.

(d) No person shall possess, sell, dispense, drink, or comsume alcoholic liquor on any property owned or leased by a unified school district or on property occupied by the Emporia Recreation commission or its surrounding grounds located between State and Congress Streets and between Fourth Avenue and the AT&SF railroad tracks.

(e) Violation of any provision of this section is a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200) or by imprisonment for not more than six (6) months, or both.

Sec. 4-21 Offenses involving persons under twenty-one and incapacitated persons.

(a) No person shall knowingly or unknowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift, or procuring of any alcoholic liquor to or for any person under twenty-one (21) years of age. No such person under twenty-one (21) years of age shall represent that he is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person, except in cases authorized by law. Except as authorized by law with regard to the serving of alcoholic liquor, no person under twenty-one (21) years of age shall possess, consume, obtain, purchase, or attempt to obtain or purchase, alcoholic liquor. No person over twenty-one (21) years of age shall purchase alcoholic liquor from any person for, on behalf of or at the request of any person under twenty-one (21) years of age.

(b) No person shall knowingly sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapacitated person, or any person show is physically or mentally incapacitated by the consumption or such liquor.

(c) Violation of subsection (a) by a person eighteen (18) or more years of age but less than twenty-one (21) years of age is a misdemeanor punishable by a fine or not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). In addition to such fine, the court may order the defendant to perform forty (40) hours of public service.

(d) Any person violating any of the provisions of this section for which a penalty is not otherwise provided, shall be deemed guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not exceeding two hundred fifty dollars ($250) or imprisonment not exceeding thirty (30) days, or both.

State Law Reference - K.S.A. 41-715

State Ordinances for Illegal Drugs, Controlled Substances, Simulated Controlled Substances and Drug Paraphernalia

(a) No person shall use or possess with intent to use:

(1) Any simulated controlled substance;
(2) any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act;
(3) any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the uniform controlled substances act. K.S.A. 65-4152

(b) No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this state:

(1) any simulated controlled substance;
(2) any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of K.S.A. 1995 Supp. 65-4162, and amendments thereto;
(3) any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store contain, conceal inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the uniform controlled substances act, except K.S.A. 1995 Supp. 65-4162, and amendments thereto. K.S.A. 65-4153

Unlawful Manufacturing or Attempting Such of Any Controlled Substance; Penalty; Acts Within 1,000 Feet of School Property.

(1) Except as authorized by the uniform controlled substances Act, it shall be unlawful for any person to manufacture any controlled substance or controlled substance analog. K.S.A. 65-4159

Federal Laws for Alcohol and Illegal Substances

The federal government has recently revised the penalties against drug possession and trafficking through its Federal Sentencing Guidelines that reduce the discretion that federal judges may use in sentencing offenders of federal drug statutes. Under these guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana. A sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury. Possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison, U.S.S.G.s. 2D2.1 (b)(1).

Other Federal Penalties:

21 U.S.C. 844(a): 1st Conviction: up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both. After 1 prior drug conviction: at least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.

After 2 or more prior drug convictions: at least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if
(a) 1st conviction and the amount of crack possessed exceeds 5 grams
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams,
(c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram

21 U.S.C. 853(a)(2) and 881(a)(7): Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment.

21 U.S.C. 881(a)(4): Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

Sexual Misconduct:

Distance Education Students are instructed to contact the police agencies having jurisdiction over site locations for information regarding local & state regulations and penalities.Distance learning contact numbers

Allegations of sexual assault or rape should be reported to the ESU Police and Safety Department at 620-341-5337. Allegations of sexual harassment should be reported to the Student Affairs Office, 620-341-5267. ESU's Sexual and/or Racial Harassment Policy  Victims of a sex crime may choose to report the offense to any office which appears on the " Important Numbers " web page of this report.

Allegations of sexual assault or rape occurring off campus should be reported to the city police, county sheriff's department or the state police agencies having jurisdiction over a specific distance learning location. Contact information is listed within this web site for your convenience. Important Numbers Efforts will be made to ensure the confidentially of all reports, except as necessary and required to investigate the alleged offenses. College authorities may issue a safety alert to those areas of the college community affected by the crime. Victims can provide information to the university police and choose either criminal prosecution and/or a referral to the on-campus discipline system, the office of judicial programs.

Sexual Assault Information (Aid to Victims of Violence)

Victims of sexual assault should immediately report the assault to the police. Police cannot investigate the incident as a crime unless a formal report is filed. Reporting a crime to the police or to another campus office does not necessarily obligate the victim to follow through with criminal prosecution.

Steps to follow:

• Go to a hospital emergency room as soon as possible if the assault involved a sexual penetration or other physical injuries. (Evidence can be collected several hours after an attack, but its value may be diminished.) Do not wash, change clothing, or otherwise "clean up." Bring a full change of clothing because the clothes you were wearing at the time of the attack may be kept as evidence.
• Your follow-up medical care is crucially important. You may need tests for sexually transmitted diseases and pregnancy.
• No matter when or where the assault occurred, support and referral resources are available to help you. Contact at least one of the campus offices listed on the " Important Numbers " web page of this report.

Statement of Victims' Rights

1. Victims have the right to choose counseling and medical treatment, and to prosecute and report their case through the university judicial system and/or the off-campus court system. They also have the right to refuse all these options without reproach from any university personnel.
2. Victims have the right to be treated with dignity and seriousness by campus personnel.
3. Victims of crimes against an individual have the right to be reasonably free from intimidation and harm.
4. University personnel are encouraged to inform all victims that: a) victims are not responsible for crimes committed against them; b) victims are not negligent toward their own and thus do not assume the risk of crime; c) victims should always report their crime, despite the possibility of adverse publicity for the university.
5. Victims will be made aware of appropriate student services, including counseling.
6. Victims are entitled to the same support opportunities available to the accused in a campus disciplinary proceeding.
7. If the accused is prohibited from contacting the victim or entering the victim's residence, the victim will be notified that the ban is in effect.
8. Any victim who does not wish to remain in his/her present residence hall or class section may be granted a transfer to other housing or another class section if available.
9. The victim has the right to information regarding the status of his/her case.

For definitions of sexual offenses, click here .

Non-Academic Student Misconduct

Offense Definitions

The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations, and liquor law violations can be found in the ESU Police & Safety Office (located at the northeast side of Welch Stadium). The definitions of forcible and non-forcible sex offenses can also be found in the Police & Safety Office and from this web site. (Click here to view the definitions of sexual offenses.)

Criminal Homicide, Manslaughter by Negligence - The killing of another person through gross negligence.

Criminal Homicide, Murder and Non Negligent Manslaughter - The willful (non-negligent) killing of one human being by another.

Robbery
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault
An unlawful attack by one person upon another for inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

Burglary
The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safe-cracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classified as motor vehicle theft: all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding.)

Weapon Law Violations
The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

Drug Abuse Violations
Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making or narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroine, codeine): marijuana; synthetic narcotics (Demerol, methadone); and dangerous non narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations
The violation of laws or ordinances prohibiting the manufacturing, sale, transporting, furnishing, possessing or intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Arson - Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

 

 

Last Updated January 3, 2008