Having Drinks with Mom or Dad?

While some Ohio University students and their parent(s) eagerly await the opportunity to share the bonding ritual of having a few drinks together in a college bar, it is unfortunate that Mom’s and Dad’s Weekends are ruined for some families when the underage student is later arrested by the police for being under the influence of alcohol. Ultimately, this situation usually occurs when the parent has left the bar and/or gone home early and the student is no longer under “parental supervision”. There are three elements to the charge of underage drinking: possession, consumption and being under the influence in a public place. Any of these components by themselves or any combination thereof can result in a citation and/or arrest by the police. Even though Ohio law allows the student to avoid the consequences of being charged with underage possession or consumption of alcohol when the parent purchases the drinks, the student still faces the danger of being charged with “being under the influence” of alcohol in a public place when a parent is absent. Here is an example from a previous Dad’s weekend:

A student and her father were drinking together at one of the uptown bars. The student had consumed a “few” drinks, but she says she did not drink enough to be obviously impaired. The dad and daughter parted ways when he went home and the student and her friend walked to their residence hall. During their walk, the student allegedly made a rude gesture at a passing car, prompting a nearby police officer to approach and ask her if she had been drinking. The student admitted her age and that she had consumed alcohol with her father. She was cited with underage because she was believed to be intoxicated in a public place and not under the supervision of her parent.

Fortunately, the Athens City Prosecutors will usually dismiss such cases where it can be proven that the parent did purchase the alcohol and consume it with the student, but the student has to pay the court costs ($104.00) to have the case dismissed.

If you have been drinking with a parent and are later stopped by police after you’ve gone your separate ways, make it known to the police officer right away that your parent provided the alcohol.

In any other case, you must remember your legal rights when approached by the police. Under the Fifth Amendment, it is well within a citizen’s right to refuse to answer questions when approached by police. You can simply say, “My name is Jane Smith and I live at 123 Any Street (give your REAL name and address, of course!). I do not want to answer any more questions without my attorney present”. This can further protect you from being convicted if you are arrested. If you readily admit that you are under 21 and you have been drinking, it just gives the police more evidence to convict you. Not incriminating yourself can only help you in the long run. See our flier: “Survival Tips for Court Street” for additional practical advice.

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

Conflict With a Roommate, Landlord or Coworker?

 The Center for Student Legal Services offers mediation services to help students resolve disputes in a friendly and confidential environment.

Mediation is an informal process during which an impartial third party, called a medi­ator, helps disputing individuals find a mutually acceptable agreement. The goal of mediation is to clarify misunderstandings and to arrive at a solution to which all parties can agree. A mediator is not a judge and does not impose a decision. Instead, the mediator helps those involved in the dispute explain their concerns, understand important issues and arrive at a shared solution.

The Center for Student Legal Services can mediate a wide range of conflicts including landlord/tenant issues, roommate disputes, employer/ employee conflicts, neighbor and community disagreements and other civil matters.

There are many benefits to mediation, including confidentiality and freedom to generate mutually agreeable solutions. Additionally, mediation can promote healthier relation­ships through improved communication and shared problem solving. Mediation is entirely voluntary and many mediation sessions can yield results in 1-2 hours.

 The cost of mediation is already included in the $8 dollar quarterly fee assessed to Ohio University students. Students who have paid the $8 CSLS fee will not pay anything for mediation services, regardless of the length or number of sessions. This makes mediation far more affordable than taking a dispute to court, which can cost hundreds of dollars in court fees. Our trained mediators have flexible hours to help work around your schedule.

For more information about CSLS Mediation Services, or to make an appointment, contact us. 

Meet Our Marketing Interns!

This year we decided to offer two marketing/PR internships to help us with new ideas for promoting our services. After seeing many great applicants, we chose two motivated and creative students who have backgrounds in everything from online journalism to public relations. Meet Kari Nickell and Ryan Pfefferle!

Kari is a Junior Public Relations major and Journalism minor from South Charleston, Ohio. In the future she hopes to take her passion for public relation and global culture and work internationally for a large corporation or the government. Kari hopes to gain experience from her internship as well as being able to see through the exciting public relations plan the interns created for CSLS.

Ryan is a senior at Ohio University, currently in the process of completing dual programs in Online Journalism and Economics. He grew up in Dublin, Ohio in a family of five and intends to follow in the footsteps of his father, sister, and sister-in-law by attending law school next academic year following his graduation from Ohio University in June.  While he is not completely sure where an education in law will take him in life, he eagerly anticipates the academic and professional challenges that await him the future.  He initially applied for the internship with CSLS to get his foot in the door at a successful non-profit legal assistance program, but he is finding that the implementation of good Public Relations and Marketing strategies are essential for any group’s success. He is excited to be a part of a team as diligent as those at The Center for Student Legal Services.

So far this quarter, Kari and Ryan have been working with Chairperson Tracy Kelly, Intern Director Allison Arnold and Program Coordinator Heidi Sochia to implement the public relations plan they formulated at the end of November. So far this quarter, they have been putting a lot of effort into their first endeavor, the CSLS Website Launch Party, set to take place on January 17th. Next on their plate will be planning a promotional event to celebrate our 15th anniversary in February. We are excited to showcase the talents of our hardworking interns!

Help Us Celebrate With Free Food and Prizes!

To celebrate the release of our new and improved website and blog, we are having a website launch party at Buffalo Wild Wings on Tuesday, January 17th, 2012 from 5-7pm. Come enjoy free food, giveaways and lots of great prizes, such as gift cards to Brenens, Cross Court, Athena Grand, Fluff and many more! The grand prize is a $100 gift card to Kroger! Prizes will be drawn every 15 minutes. Join us for free wings, great prizes,  giveaways and learn more about our services! There will also be re-enrollment forms available if you accidentally waived your fee. Download the party flier here. Come early to start winning prizes and bring your friends! The first 25 attendees will get a free sports bottle!

Welcome to The New and Improved Website!

After months of planning and hard work we have completed our new website and blog, just in time for our 15th anniversary! Check out some of our new features:

• “Quick Links” on the front page is  fast way to take you to the topics that students most frequently search.
• All printable materials are now available in one place. The ”Downloads” section contains copyright free fliers on a variety of topics for print and distribution, forms you may need during your case, and examples of letters and other forms for housing issues.
• The four most recent blogs are featured on the front page so you always know about the current topic here at CSLS.
• Just click the buttons to join our Facebook page, Twitter feed, and add our blog to your RSS feed. Our Facebook page features the “CSLS Tip of the Week”.
• The Board of Directors are now featured in the “About Us” section. Meet the students that are an essential part of the operation of CSLS!

This is still a work in progress, so if you see anything that is not working, please shoot me an email at heidi@studentlegalrights.org. The “Housing Law” and “Consumer Law” sections are still under contruction and will be available soon. In the meantime, if you have a question that is not answered on the website, please call us to schedule an appointment.

Special thanks to John Sammon of Sixth City Marketing for his help, expertise and tremendous amount of patience. John is an Ohio University alum who owns Sixth City Marketing, a company that specializes in online marketing, search engine optimization and PPC.

Enjoy!

Heidi Sochia, Program Coordinator

Waived Your Fee by Mistake? Re-Enroll Now!

To gain access to our services, Ohio University students pay the $8.00 legal fee listed as an option your tuition bill. You have the first three weeks of the quarter to waive the fee if you didn’t do so when you paid your tuition. But many students have waived the fee by accident while using the new e-bill system or didn’t feel they were thoroughly informed about our program before waiving.

Now, you can re-enroll before the three week deadline that was previously just for waiving. Here’s the deal: if you do not currently need need legal assistance but waived by accident, changed your mind and decided you want to have legal coverage, or want to re-enroll because you learned more about our valuable services, just come to the office and fill out a re-enrollment form, or download it here and either drop it off or scan and return it to csls@studentlegalrights.org. We will have the Bursar’s office put the legal services fee back on your tuition bill and you are responsible for paying it.

By signing the agreement, you are agreeing to pay your $8.00 legal services fee and acknowledging that you are eligible for legal services from the date and time you signed the form. If you are re-enrolling just because you have a legal issue, the $8.00 legal services fee will be put back on your bill and you will be subject to additional attorney fees. See our fee section for complete information.

Why do you have to pay additional fees if you re-enroll because you need legal assistance? Think of it like insurance. You can’t break your arm and buy insurance on the way to the hospital. Our program is like legal insurance; you buy it in case you need it. If everyone just enrolled when they needed legal help we wouldn’t be able to keep the fee so low and students wouldn’t be able to afford us.  You can’t get an attorney anywhere else for $8.00, so pay your fee and help keep it affordable for all Ohio University students.

Preparing Your Off-Campus Housing for Winter Break

For many Ohio University students, the only thing on their minds after completing that last final exam in Fall Quarter is to get out of Athens for a much-needed Winter Break.  The Center for Student Legal Services would like to take this opportunity to remind students who intend to vacate their rental property for long periods of time over the Winter Break of the need to make preparations before their departure.

Temperature Control:  Students should read the terms of their lease for any specific provisions regarding temperature control in the winter months and be sure to comply with the lease.  In the absence of a specific lease provision, students should set the thermostat at a temperature that will be sure to keep the pipes from freezing.  Note: This temperature will vary depending on the condition of your rental property and the temperature outside.  We recommend setting the thermostat on at least 60 degrees to ensure that pipes do not freeze, however, this temperature could be lower for a newer, well insulated rental unit.  Students should also keep in mind that long absences and low temperatures can lead to musty or moldy conditions.

Notice to Landlord:  Students should read the terms of their lease and determine if they are required to give notice to their landlord of an extended absence.  We recommend that all students notify their landlord in writing of their intention to be absent from their rental property over the Winter Break and indicate the time period, their home address and telephone number.  In addition, we recommend that students include in this notice any problems with the property that might make temperature control more difficult, such as a broken window, etc. and request the landlord to check on their property if weather conditions become severe.

Cleaning Considerations:  A tenant is required to keep their dwelling unit safe and sanitary pursuant to Ohio law.  Students should be sure to dispose of all garbage and properly store remaining food items before vacating their rental unit in order to deter insects and rodents.

Safety Precautions:  An empty home for an extended period of time can increase the risk of criminal activity.  We encourage students to remove valuable items from their rental properties.  In addition, we encourage students to temporarily stop their mail and consider putting a few lights in the home on timers in order to give the appearance that the home is occupied to deter criminal activity.

Melissa Greenlee, Staff Attorney

Tags: frozen pipes, landlord, off-campus housing, ohio university housing, temperature control, winter break

Our Introductory Video

News and Updates for the week of November 7, 2011: The Center for Student Legal Services

What to Do When the Bedbugs Really Do Bite

When renting a house or apartment, Ohio law clearly states that the landlord is responsible for keeping the dwelling in a safe and sanitary condition. Whether this obligation extends to the extermination of insects and pests is often a matter of debate between landlords and tenants. Often, landlords believe that it is the responsibility of the tenant to absorb the costs associated with pest extermination because they assert that the tenant has created the condition that lead to the infestation.

There are instances where extermination costs are properly shifted to the tenant. One obvious circumstance is a flea infestation that was brought into the dwelling by a pet owned by the tenant. Under that scenario, liability for the costs of extermination would likely be shifted to the tenant. However, not all circumstances are that obvious.

Who is liable for the cost of extermination related to bed bugs is an issue receiving a great deal of attention in certain cities because bed bug infestation has increased greatly in the United States in the past ten years. Although these blood-thirsty pests have been residents of this country since the early 17th century, their recent population boom has received a lot of media attention and created anxiety for many.
Bed bugs are parasites that feed primarily on human blood at night. They are excellent travelers and move easily from one place to another on luggage, used furniture, shoes, and clothes. Bed bugs can invest trains, busses, airplanes, and ships. They are most frequently found in places with a high occupancy turnover such as hotels, hostels, dormitories, apartment complexes, and movie theatres.

Due to their small size and nocturnal nature, bed bugs often go undetected for a long period of time. Most people become aware of their presence after developing a rash from being bitten, but only about 30 percent of the population develops the itchy welts associated with bed bug bites. Because the presence of bed bugs is not always apparent, the question of when they arrived in a dwelling and therefore who is responsible for the costs of eradicating them can arise between a landlord and tenant.

The most obvious place to find evidence of a bed bug infestation is in the bedroom. By pulling back the bed linens and inspecting the seams of the bedding you are likely to uncover the bugs themselves or dark brownish or black spots, which are the tell-tale fecal matter of the bed bug. Bed bugs like to hide so you are not likely to find them in out in the open; look in the cracks and crevices of bedroom furniture, and even behind picture frames.

If you are renting an apartment and suspect that you have a bed bug infestation, you should immediately make a written request for inspection and extermination. Extermination of bed bugs must be done by a licensed exterminator. If you live in a multi-unit dwelling, it is advised that apartments adjacent to the infested unit be exterminated as well. Bed bugs are excellent travelers and it is highly likely that they have spread out or will do so when extermination begins.

If the landlord refuses to pay for a professional extermination or attempts to charge you for this cost, seek assistance from us.

Kristine Hayes, former Staff Attorney

Social Networking and Criminal Records: What you Do Now Can Affect Your Future

Landing a job in a down-turned economy is a challenge for any applicant and in this age of social media, preparing for a job interview requires more than a tight resume and a well-ironed shirt. Those looking for a job should consider what kind of virtual impression they are making. Increasingly, savvy interviewers are turning to the internet to glean information about and relying on criminal background checks to eliminate applicants from consideration.

Social media sites like Facebook and MySpace can offer employers insight into the habits and personality of an applicant. Employers that can gain access to this information may use it to deny employment to applicants who are otherwise qualified. While it is illegal to discriminate against applicants based on protected characteristics (race, sex, age, national origin, religion, disability, pregnancy, and in some instances sexual orientation), it is not illegal to make decisions based on perceptions of maturity, morality, or overall intelligence.

Cleaning up your social media footprint could go a long way when it comes to first impressions with employers. Applicants should consider the security settings offered by the social media sites and limit those setting to only allow those with permission to view their profiles and postings. Applicants should be cautious about who they allow access to their information and only “friend” those people that they actually know. Applicants should also consider deleting information or images that are particularly unflattering: What was funny at a party might not be amusing to a potential employer.

If you have a criminal record of any sort, you should investigate whether your criminal record can be expunged or sealed. A criminal record is any criminal history compiled by state, local, or federal law enforcement agencies. The criminal record will likely contain information about all offenses, including traffic violations. By expunging or sealing a criminal record, the information about the crime will be removed from “public view,” and with some limited exceptions, will not be available to employers.

Employers who are able to get access to an applicant’s criminal record may legally use that information for hiring decisions provided that they are able to show a legitimate “business necessity” for doing so. In other words, consideration of the criminal history must be reasonably related to the requirements of the job. For instance, a bank would be well within its right to deny employment to an applicant with a criminal history that includes theft if that individual would be working with money.

Prior to accessing an applicant’s criminal record, the employer must give notice to the applicant and seek the applicant’s permission to use the criminal record. If a criminal record is used by the employer, the employer must provide the applicant with a copy and a summary of the applicant’s rights. The use of background checks is subject to standards set forth by the Fair Credit Reporting Act.

When an applicant has expunged or sealed an arrest record in Ohio, the applicant may legitimately deny that the arrest occurred. However, applicants should confirm that the information is in fact hidden from public view. Unfortunately, private agencies that compile criminal records sometimes have databases that contain archived data and the fact of the expungement or sealing will not keep that information out of the hands of employers. Under the Fair Credit Reporting Act, you do have the right to dispute incorrect information.

Kristine Hayes, former Staff Attorney

Tags: athens ohio, criminal record, employment, expungement, facebook, myspace, ohio university, sealing, social media