student mistreated by university police

I posted this in another forum, but didn't receive much of a response, so I thought I'd try it here. I apologize for its length; I did try to keep it as short as possible, but didn't want to leave anything out.

I am a student at a high-profile university in Boston, Mass. I recently was mugged on campus. I initially (though not purposely) reported the attack to the Boston PD. Later, the university police were called and it was decided that, because the event happened on campus, the case falls into the jurisdiction of the university police (I do not know if the Boston police even have a record of my attack).

The university police have informed me that they do not believe my story. They have threatened to prosecute me for "falsifying a police report." I was attacked with pepper spray and one of the detectives went so far as to take the coat I was wearing on the night of the attack, so that he could test it to see if there was really any spray on it (the police later returned the coat to me, claiming they never tested it because the spray would no longer be found on the coat - the police had taken my coat four days after I was sprayed).

After giving a written statement to the police, I asked that I receive a copy, and was told that I could not be given a copy because the case is still open. I also asked for a copy of the report filed of my robbery detailing what exactly I had lost. I discovered the police had never bothered to file such a report at all (this was 2-3 days after I was attacked).

At one point, while the detectives were questioning me, I stated that I did not wish to speak to them anymore and would instead get a lawyer. One of the detectives, in reply, said that I was getting defensive and that if I hadn't done anything wrong, I wouldn't be interested in getting a lawyer.

I have not heard from the police since they threatened to prosecute me (about a week after the attack). I had given them a description of one of the attackers and had worked on a computer sketch with one of the detectives, but have not seen the sketch posted around campus, and have also not heard back from the police at all. I am outraged that the police have done nothing and also with the way I have been treated.

I have considered writing to a newspaper about my situation (with the hope that, with enough bad publicity, the university might change the way it treats victims of on-campus violence). What action can I take? Could the university legally charge me with "falsifying a police report"? Can the police charge me with slander if I write to a newspaper about my experience? Can the university prevent me from graduating this May? I do not at this time, have an attorney, and likely, cannot afford one, but would like to see some sort of justice done.

I also should add that at the time of the attack, I was carrying pepper spray, which (I am told by the police) is illegal in Massachusetts.

Any advice or suggestions anyone could offer would be much appreciated. Thank you so much!

Okay...I'm not a lawyer and am in no way qualified to give legal advice. That said, I'll give you my "personal" opinion. I base this on being a resident here all my life and also choosing to work at and attend college in Boston.

About the pepper spray, shame on you. Did you not read all those pamphlets given to you at the beginning of every school year? Massachusetts has a VERY strict firearm policy and you need a current, valid Massachusetts Firearm ID card to carry pepper spray or mace. The kicker? Because of this, you are violating the No Gun School Zone Act for carrying what Massachusetts defines as a firearm. Only qualified law enforcement officials may carry firearms (guns or pepper spray) on school property. You are LUCKY they didn't charge you because weapons in a school zone is a very serious offense.

I wish it wasn't that way, because of the recent attacks in the area. I went out to get a FID card, but because I work at a college, it would be useless to me because even a keychain-sized pepper spray violates the campus and state weapons policy. Thanks Mass!!

For future reference, most of the area schools offer some sort of escort services. Contact your student activities office (or residential/housing safety, if you live on campus) for more information. They're usually free and offer escorts to walk or drive you. I think that's also a form of legal protection for them as well. If you don't use these services, then you are taking responsibility for safety into your own hands. They offered, you didn't utilize. Not their fault.

As for running to the papers, I would let it go. You saw what happened to the other case. The papers loved it for a few days because of the graphic content. The graphics sold! They drug her through the mud and back and she probably won't see a red cent because the schools know how to protect themselves. Remember, they are taking in thousands upon thousands of kids that are away from home the first time. These kids take advantage of being away from mommy and drink and smoke and do drugs and have sex and walk alone at night in a city and I don't know what else! The schools need to protect themselves from irresponsible student behaviour. Why should they be responsible for what risks a student *chooses* to take?

Or, wait to see how her case turns out. If she wins, have a field day with the papers. Add fuel to their fire. *BUT* (And I quite unfortunately think this is more likely going to be the case...) If she loses, so will you. And it will come at a higher cost to you. For her it was suspension for violating a campus instituted policy. For you the ramifications could be MUCH more serious because you have admitted to carrying a "firearm" on school property. Hmm, Campus policy v. Felony Charges. Can that prevent you from graduating in May? Absolutely!

For the mug shots, they could use a campus newspaper/newsletter if they have one. But, because it is winter break for most schools, you probably won't see it quite yet. You most likely will not see flyers on campus because most of the schools around here don't have a "definitive" campus. In order to get to classes, you probably walk down public sidewalks. By posting flyers along these ways on telephone poles or meters or whatever, they are violating Boston's "No Posting of Bills" law.

And why would you even expect the mugshot to be posted? Are you and your mugging special? Have you seen flyers or bulletins about the rapist hitting Beacon Street(y'know the one with the gun)? Or what about the rapist following the D-Line? What about the guy raping women at the Ashmont stop? What about the Alewife station rapist? They still haven't been caught, but I have yet to see a single mugshot. What I have seen is increased security and a constant reminder to BE ALERT. Don't walk alone. Walk in well-lit areas. General common sense warnings.

I'm sorry you got mugged, but count your blessings. You weren't raped and you weren't killed! You probably had a replaceable wallet taken, maybe some credit cards to cancel and a harsh introduction to city safety. You chose to come to school in a city. There are risks and you need to be aware of that. Walk with friends. If you can't, try walking with your keys between your fingers (more painful punch!) or get one of those keychains that puts out an insanely loud alarm when it disattaches from the chain (to scare the hell out of the dead!). Or my personal favorite, big shoes! God forbid someone were to catch one of my heels in the shin! Or a toe elsewhere!

I'm sorry I've gone on so long. I sympathize with you, but I think from a personal (albeit, non-legal) point of view, you should let it go. I realize that's probably not what you want to hear. Otherwise you wouldn't have reposted after your respondants told you to drop it. I think the sooner you let it go, the sooner you pick up the pieces.

I wish you the best of luck in your studies. You didn't state your major because it's irrelevant, but perhaps it's one you could use to make a change in situations such as this? But through the proper channels. Media blitzes don't usually change policy because the collective attention span is about 35 seconds. This will be yesterdays news before you had a chance to read it.

I truly wish you luck! My thoughts are with you. Be strong. Graduation is right around the corner!

justathought,

Thank you for your thoughtful response.

I reposted here because only one person responded intelligently in the other listing, and I always figure the more perspectives, the better. I am not looking for support one way or the other, but rather just honest thoughts on my situation.

First, I just want to clarify one thing: the sense I got from reading your post (and I may, of course, be wrong) was that you suspect I am upset because I was mugged and that I feel it is the university's fault. I do not. Crime can happen anywhere (and like you said, the escort service was available to me) and I don't blame the univeristy for my being mugged. I blame the university for the way they have handled my case. They say they want you to report crime so they can work towards eliminating it; I reported it, and was, in return, made to feel as though I were the criminal.

About the pepper spray ...

I somehow thought that it was a univeristy policy that prohibited the carrying of pepper spray, and did not realize that it was state law (I guess I figured that on-campus was the last place I'd be attacked and it would be worth my having for off-campuses purposes). But, you're right, I should have better read the pamphlets and certainly should have double checked with the law! You don't mean to imply that my carrying pepper spray on my keychain could land me the same punishment as someone walking around campus (or even an elementary school) with an unregistered gun!?! Surely, that's ridiculous! But thanks for bringing it up, as I hadn't known that.

I'm sorry you're not able to get a Firearms ID. I would like to learn more about how to obtain one, though. Do you know who I can call to get more info?

And good point about the escort service! I have learned my lesson and will certainly be using it in the future.

I don't think my mugging is special. I only expected to see the sketch of my mugger posted because one of the detectives clearly stated that I should expect to. I was surprised they did a sketch at all, considering they didn't believe me!

Is it me, or is the crime in these parts getting significantly worse? Perhaps I am just more aware of it now? Thanks, again, for your post and please be safe!

It's not that I CAN'T get the FID, it just wouldn't make sense to go through the paperwork and the waiting periods and the certification training because of my employer. I can get one, it just won't do me any good because I still won't be able to use it to walk home from campus at night because I know I can't bring it *to* campus in the day.

Same for you. Because you are still a student, you still won't be able to carry the spray, ID or no ID. You might be legal to carry it in the state, but in order to not violate the No Gun School Zone Act, you need to be an officer of the law to carry it on campus!

Not to mention, if you came to Boston to attend school, you're not a "legal" resident of this state. Just like when you do your taxes... you are a "transient" resident of the state. You are only in the state for the purposes of education. If you stay *after* graduation, then you may establish residency for legal purposes. In that case, your local station will be able to give you the FID information. (If I recall correctly, you need to be a resident and attend certification classes and submit to a background check, etc. Hope the PD didn't bust you for carrying it because then you probably won't be able to be approved because it became an afterthought to be certified.) But again be aware of the laws. If you decide to get card now, carry the spray on your keychain, and still attend a MA school (grad school?) your punishment will be harsher because as a FID carrier you are held to the higher standard of knowing you are violating the law by carrying it around campus.

As for the police mistreatment, I still think you should let it go. Most of the universities around here have legitimate police officers. (As opposed to work-study/rent-a-cops that I have had the unfortunate experience of dealing with in a smaller school. You want mishandling?! They are not knowledgeable in the laws and are ruder and more ignorant because it is not their full-time, sworn duties to protect and serve.) What this means is that they attended police academy alongside the municipal police and are state certified. Additionally, many were state or municipal officers before they were university officers. The schools protect themselves by hiring experienced officers and I don't think they take the fresh-out-of-academy variety. The only difference I think you'll see is that as the woman on the other board pointed out, they're more hardened toward college antics.

I'm sorry you got stuck with a bad cop. Of the ones I've had to deal with (and yes, I have dealt with university police on several occasions), I have found friendly, professional, and quite eager to help. Think about the people you have met in college. Have you met a bad person, professor, administrator, etc? Did you run to the papers because you felt a professor mistreated you? The parallel being that there are some nice and some not-so-nice people, and you unfortunately got stuck with the not-so-nice. This doesn't mean *everyone* is mistreated.

What hurt you the most is probably asking for a lawyer. When you're pressing charges, you don't need one. You need one if you're in trouble, and it probably made them quite wary if you requested one because it made you look guilty of something. That is most likely why you were treated like a criminal. Criminals want lawyers, not innocent victims.

I'm going to stick with my original (albeit, non-legal) advice, which is to let it drop. They let you out of a felony weapon charge. Pursuing this might make them change their mind, which will definitely prevent your graduating and ever getting a FID anywhere. You have openly admitted to carrying a "weapon" and if you press forward, they might change their minds and go ahead with prosecuting. Remember, you didn't violate a campus policy, you violated a state law (which was instituted because of a federal policy). I've often heard ignorance of the law is not an excuse, which puts you in a hard place because those pamphlets laid it out for you.

The only other thing that I can think of that doesn't make you press forward, but still gets it out there is to join your student newspaper. See if they want someone to do a weekly crime column with mugshots and local activity warnings. That way, people can learn what's out there and you have an outlet for your frustration. It won't change campus policy, but you'll get to work alongside the PD in a positive manner. They could supply the mugs and crime logs and you could get it out into the community. But keep your chin up. They'd probably be more receptive to the idea if it didn't look like a personal vendetta.

Best of luck to you in whatever avenue it is that you explore. Perhaps you can't do anything about your particular situation, but if you can turn it into a positive for prevention, you have been successful.

Good luck and be safe!!!

blazon3.....justathought.....who are you?

blazon3, in your first post you state "I was attacked with pepper spray and one of the detectives went so far as to take the coat I was wearing on the night of the attack"

justathought, in your first post you state "About the pepper spray, shame on you. Did you not read all those pamphlets given to you at the beginning of every school year?.......You are LUCKY they didn't charge you because weapons in a school zone is a very serious offense."

blazon3...then in your second post in response to justathought you have this to say. "I somehow thought that it was a univeristy policy that prohibited the carrying of pepper spray, and did not realize that it was state law (I guess I figured that on-campus was the last place I'd be attacked and it would be worth my having for off-campuses purposes). But, you're right, I should have better read the pamphlets and certainly should have double checked with the law! You don't mean to imply that my carrying pepper spray on my keychain could land me the same punishment as someone walking around campus (or even an elementary school) with an unregistered gun!?! Surely, that's ridiculous! But thanks for bringing it up, as I hadn't known that."

Again, that brings us to my question. Just who are you? I mean, justathought....why is it you said "shame on you" for carrying pepper spray when her original post stated she was ATTACKED WITH PEPPER SPRAY.....and blazon3, then why do you come back in your second post elluding the fact you had pepper spray on your key chain?

FKNA, please re-read her current post.

In the "litigation" forum she says she was attacked with pepper spray.

In *this* post, she has altered the last paragraph to state that she was indeed CARRYING the pepper spray.

*That* is why I said shame on you. She admits that she was carrying it.

Which, on a tangent, brings up who's pepper spray she was attacked with? Being local, I've not heard of a mugger attacking anyone with pepper spray. It's usually physical force or knives. She very well may have been attacked with her own defense! That would be quite unfortunate for her.

She was carrying what Massachusetts defines as a "firearm" on school property. I also attend college in Boston and the annual welcome back to school packets of most schools usually make this clear that to carry the spray is a violation of state laws. Those who bring weapons (pepper spray or a semi-automatic, unfortunately it doesn't seem to discriminate) on campus run the risk of campus discipline (expulsion) and legal discipline (for violating No Gun School Zone Act). I agree that it's not a gun, but because Massachusetts has opted to define it as a firearm, it falls under the School Zone Act as per the literature that she has failed to read. They probably would be less harsh in punishing than if she was carrying a semi(!), but the fact still stands that it was a "weapons" violation.

I think it's lousy, because I can't carry spray for my protection because I attend a MA college, but that is one of those things about living in such a conservative state. (That and no beer on Sundays!)

Perhaps it would have been quicker if I hadn't hit a tangent. Running to the media is a BAD idea. They *will* harp on her carrying a "weapon" to school. What the the university can do? ...In my opinion, they are within their rights to expel her for a "weapon" violation. That means no diploma from them ever... Once she goes public with her story, the university will probably jump to expel her because they let it go by not expelling and she persisted. They gave her a "stay in school free" card and she threw it back in their face for negative selfish publicity. Which is why I thought it was safer to let it drop. If she's graduating in May, graduate and move on. Learn from it and let it go.

Again, this is only a perspective from a fellow student who did take the time to go through the literature. I'm offering up a *personal* opinion based on my reading of school policies, not a legal one.

If there's any lawyers from MA to offer up advice, please do so!

justathought....thanks for the clarification. Yes, I had read her original post in the litigation thread and after reading a couple of paragraphs of the first post in this thread, thought it to be word for word as to what was in the litigation thread.

I stand corrected....again, thanks for the clarification.

justathought ...

About the FID, I'm sorry for not better explaining. I do intend to stay here after graduation, and no, I will not be attending grad school. That's why I asked about who I can contact for more info.

Think about the people you have met in college. Have you met a bad person, professor, administrator, etc? Did you run to the papers because you felt a professor mistreated you?

Well, no. But a professor isn't state-certified to serve and protect.

What hurt you the most is probably asking for a lawyer. When you're pressing charges, you don't need one. You need one if you're in trouble, and it probably made them quite wary if you requested one because it made you look guilty of something. That is most likely why you were treated like a criminal. Criminals want lawyers, not innocent victims.

Yeah, I realize this. However, the reason I asked for a lawyer was BECAUSE I was being treated like a criminal. I did not ask for the lawyer until after they threatened me with prosecution.

I'm going to stick with my original (albeit, non-legal) advice, which is to let it drop.

*Nods* Yeah, I think perhaps I am beginning to agree. But I will certainly take this experience and try to use it to raise awareness (like the poster in the other thread suggested) by getting involved in student-run groups. Thanks

FKNA ...

Yeah, sorry for the confusion! I was both carrying pepper spray and was attacked with pepper spray.

The post in this thread is basically the same as the one in the other forum ... here, I added that I was also carrying pepper spray (something i forgot to add in my original post)

Since you've been following this thread, do you have any thoughts? Thanks -

justathought ...

Which, on a tangent, brings up who's pepper spray she was attacked with? Being local, I've not heard of a mugger attacking anyone with pepper spray. It's usually physical force or knives. She very well may have been attacked with her own defense! That would be quite unfortunate for her.

Yeah, I was trying not to get into too much detail, but it is possible I was attacked with my own pepper spray, and yes, if that is the case, it is quite unfortunate (those Firearms ID certification classes perhaps aren't such a bad idea!)


They gave her a "stay in school free" card and she threw it back in their face for negative selfish publicity.

I have to say I don't consider myself a selfish person, and I'm sorry you feel that I am. I am interested in improving the ways victims are treated. It would, in my opinion, be preferrable to NOT treat victims as if they are the criminals, simply because a few immature college students file false claims and misuse the police.

Re: no beer on Sundays ...
No beer on Sundays except between Thanksgiving and New Year's. The Puritans apparently thought that drinking on the Lord's Day was inappropriate, unless of course, those selling the liquor would make a lot of money.

blazon3.....I may have a thought or two on the matter, but don't have a clue about university police, and/or if you could go over their heads to city police with this matter, etc. I wouldn't know where to begin, which direction to point you in, etc. in this matter. I wish I could give some advice, but alas...I cannot. I hope for your sake that someone that does have knowledge in this area will see your post and give you some helpful information.

Again, speaking from non-legal, helpful-or-not life experience....

As to the university police, it depends on which university she is attending. But most of the universities in the area do have "real" officers. (The schools know how to cover themselves, and it seems better legal coverage for their rear ends to have legit PD's.) They attend the same academy as the municipal or state officers. They have the same training, certifications, rights and responsibilities. They may or may not share jurisdiction, which is a fuzzy gray area because of the way a lot of the schools are without truly "defined" campuses. (But it seems to me from original post that city police granted or requested university jurisdiction in this case.)

The university police are certainly hardened moreso to college antics, but they also retain a greater amount of discretion when it comes to those antics. Whereas a city officer will undoubtedly charge a minor in possession and notify the school administration (city & university discipline!), a university officer might not do so for a first time offense or may take circumstances into consideration. Case in point, you were shook up enough...they didn't charge you with a weapons violation! You could have kissed graduation good-bye in a heartbeat.

I don't mean to outright assume your selfishness and I apologize if I offended. The point I was trying to make is that you *and* the PD both flubbed. You were carrying a "weapon" on school property and they weren't as "professional" as you would have hoped. It seems like a wash. Lousy? Yes. Worth pursuing? Probably not. I just feel bad for those that do choose to go up against the big guys and end up more victimized than they were in the first place. (You *know* what I'm talking about. You brought her up in the other forum.) I still get the feeling that you ended up with a bad seed, which is unfortunate, because as I said before, the university police that I've had to deal with were wonderful compared to the city police I've dealt with.

Once school returns to session, check out your Student Activity Office. You can learn more about escort services, aggression defense classes, etc. And perhaps picking up a column in the student newspaper for crime awareness might be cathartic. If you are truly concerned and want to change things with victim treatment, negative media publicity is *not* the way to go. The local media attention span is too short to have meaningful effect on policy change. Also, with the ever-fluctuating student population of the area, a media story today is not going to be seen by next years freshmen and it all starts again.

I hope something positive comes out of this, but protect yourself. There are many options for many problems. You're appear to be still in the fight or flight mode. Unfortunately, the most impulsive options are usually the worst to go with in the long run. Think this through and explore *every* option. You'll probably find that the calmer you are, the more rational and effective your actions are going to be.

Who knows, conquering victim treatment today and with the knowledge and experience you gain...beer on Sunday for all!!

Best of luck!!!