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 have drinks with your mom this weekend 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

In 2011, nearly 50,000 were accused of illegally downloading one of two movies, The Hurt Locker and The Expendables. To find out the identities of the people, movie studios hired law firms to issue thousands of “John Doe” subpoenas to internet service providers such as Verizon, Time Warner Cable and Earthlink, asking them to provide the IP addresses of the individuals engaging in illegal downloading activity. Most of them complied and handed over about 50 to 100 IPs per month. This strategy is tricky and often unfair because tracking illegal downloading through IP addresses doesn’t take into account that more than one person likely uses the computer(s) linked to that IP address. Also, more than one residence can be linked to one IP address, such as in a duplex or apartment building. (reference: http://money.cnn.com/2011/06/10/technology/bittorrent_lawsuits/index.htm)

The  RIAA  used the same strategy to identify illegal music downloads and in those cases, Ohio University was asked to turn over the IP addresses of students who illegally downloaded music using the Ohio University network. The same can happen with movie studios that are out to find individuals illegally downloading movies. In 2007, The Motion Picture Association of America (MPAA) compiled a list of the top 25 schools that engaged in movie piracy and Ohio University was number 18 on the list. (source: http://arstechnica.com/tech-policy/news/2007/04/mpaa-names-its-top-25-movie-piracy-schools.ars).

In response to the 2007 file sharing lawsuits, Ohio University has de-prioritized file sharing programs on their network, making it more difficult to illegally share copyrighted files. They have also implemented technology that detects copyrighted content and redirects students to a legitimate method to obtain the desired media.

But if you live off campus and use an outside internet service provider, you should be especially aware of these lawsuits and remember that you can be sanctioned by the university for violation of Policy 91.003 – Computer and Network Use. Specifically:

“Misuse of computing, networking, information, or World Wide Web resources may result in the loss of computing privileges. Additionally, misuse can be prosecuted under applicable statutes. Offenses that are in violation of local, state, or federal laws may be reported to the appropriate university and law enforcement authorities. Users may be held accountable for their conduct under any applicable university or campus policies, procedures, or collective bargaining agreements. Complaints alleging misuse of computer resources will be directed to those responsible for taking appropriate disciplinary action. Reproduction or distribution of copyrighted works, including, but not limited to, images, text, or software, without permission of the owner is an infringement of U.S. Copyright Law and is subject to civil damages and criminal penalties including fines and imprisonment. Violators will be subject to university rules and regulations.” (source: http://www.ohio.edu/oit/security/copyright/)

Although most students settled their music downloading cases to avoid a lawsuit, the settlement price was still high, much higher than if they would have just purchased the music in the first place. The moral of the story? Just buy the movie.

Heidi Sochia, Program Coordinator
Contributors: Patrick McGee, Managing Attorney

1) Monitor your party

Hosting a party can be a great time, especially during fest season. But uninvited guests can turn a party into a sticky situation. Opening your party up to the public invites not only your friends and the attendees of the fest, but also undercover police officers. Make sure to check the IDs of your guests if you choose to have an open party. Wrist bands are an easy and inexpensive way to reduce the chances of being charged with furnishing alcohol to a minor.  Another way to help limit the guests is to post a sign signifying that the party is invited guests only. There are examples of these signs on our website in the Downloads section.

2) Keep the alcohol on private property

Numerous citations are made every year during fest season for having open containers of alcohol on public property. Fests take place on just one street and it is impossible for each party to contain the hundreds of people who attend the fest. Without the extra room, attendees spill out onto the streets and sidewalks to continue the partying. Having an open container on a public street or sidewalk is illegal and will not go unnoticed with the police that patrol the streets. Stay safe and stay off the streets and sidewalk with a drink in your hand. If you are of legal drinking age and you leave private property carrying a cup, you might want to empty it and carry it upside down. If you are underage, never carry a cup onto public property even if it is upside down or you aren’t drinking.

3) Know your limit

It’s always fun to drink out in the sun during spring quarter, but drinking in the heat can be dangerous. That cool one you just put down is actually dehydrating your body. You could experience heat exhaustion after drinking outside for hours, so be sure to drink plenty of water. Being drunk and dehydrated can cause you to pass out, which is not only bad for your body, it signals nearby law enforcement that you are publicly intoxicated, which is illegal. Even if you get sick and end up in the emergency room, the police will STILL cite you for public intoxication (and underage if you are under 21).  Know when to say enough is enough.

4) Don’t drink and drive

This may seem like a no brainer, but it can be tempting to drive instead of walk for the beer run when you “have only had a few”.  The legal limit of .08% blood alcohol content for legal adults can add up quickly.  Don’t let your party guests drive under the influence; you can be held civilly liable if something happens. See our party guide for more information.

5) Don’t  confess

You always have the right to remain silent. If you are approached by police, be polite and do not argue. Give them your name and address. You do not have to tell them anything else. They can and probably will arrest you anyway, but it is harder to be convicted if you don’t incriminate yourself.

The Center for Student Legal Services hopes that we can be your resource for any questions and concerns about legally and safely enjoying fest season. For more tips on fest and party safety, visit the Downloads section of our website.

Kari Nickell, CSLS Marketing Intern

Contributors:

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

The legal service fee, listed as an option on your tuition bill, is currently $8.00 per quarter, including summer session. That’s a total of $32.00 for the entire school year. Starting in the 2012-2013 school year, our fee will become $12.00 per semester and $8.00 for summer session. That’s still a total of $32.00 per school year. To adjust for two semesters instead of three quarters, our fees have simply shifted but there is no overall increase.

Don’t panic when you see $12.00 on your tuition bill and think we’ve raised our fee! Remember, the fee is just spread out differently over semesters. We appreciate your continued support of our program!

Misconception #1: The Center for Student Legal Services is staffed by law students, not attorneys.

FACT: The Center for Student Legal Services is staffed by two licensed, experienced attorneys. Your legal issue will always be handled by an attorney, not a student or legal assistant. Our Managing Attorney, Patrick McGee, has over 30 years of experience in law and has served the students of Ohio University for ten years. Melissa Greenlee, our Staff Attorney, has worked at Southeastern Ohio Legal Services, owned a private law practice and has many years experience in housing and civil law. She has been on our staff for almost two years. Read about our attorneys on the “Meet Our Staff” page!

Misconception #2:  The Center for Student Legal Services exists to help students who are “in trouble” with the law.

FACT: We provide all OHIO students with legal education, advice and representation. Most students who need us but didn’t pay the fee say they didn’t think they would need it because they don’t get in trouble. You don’t have to be “in trouble” to need us; our services are very valuable to all students! We review off campus housing leases, provide mediation, notary services, contract review and many other services that can be extremely helpful to college students. We even provide assistance for debt collection issues, internet fraud/scams, car repair problems, cell phone contracts and other civil issues that may arise during a student’s college career. Our attorneys provide court representation for misdemeanors and civil law cases in Athens County courts and they also provide valuable information, advice and referrals on most legal matters.

Misconception #3:  The Center for Student Legal Services is an Ohio University department and the $8.00 quarterly fee is a fee charged by the university.

FACT: The Center for Student Legal Services is a non-profit, independent law firm that works solely for the students of Ohio University. We are chartered by the OHIO Trustees and sponsored by Student Senate but we are not a university department. Ohio University works with us by offering the legal service fee on students’ tuition bill and then distributing the funds to our office. The $8.00 quarterly fee supports our organization entirely. The more students that pay the fee, the better our services can be for the students of Ohio University.

Misconception #4:  The $8.00 quarterly fee does not cover the cost of an attorney.

FACT: The $8.00 quarterly fee allows access to an attorney as well as all the other services we offer. You do not have to pay anything more to retain one of our attorneys and there is no limit on the number of times you can use our services during the quarter. You may have to pay court costs and other court fees if you have a court case but we have no control over those fees.

Misconception #5:  If the $8.00 fee is waived, you can no longer receive assistance from us.

FACT: If you waive your fee, you can re-enroll during the first three weeks of classes. See the fee section for details on how to re-enroll. When you re-enroll, the legal service fee will be put back on your tuition bill and you are responsible for paying it. This is intended for students who waived the fee accidentally or changed their mind about being covered by our services. If you are re-enrolling because you have a legal problem, you will also have to pay a $25.00 consultation fee and attorney fees if an attorney has to work on your case. After the three week deadline has passed, students cannot re-enroll for our service but they can see an attorney for a consultation fee of $25.00 and may have to pay attorney fees. See our fee section for details.

We hope this answers some of the questions that students often have about our services. Feel free to contact us if you have other questions or would like to make an appointment.

Heidi Sochia, Program Coordinator

1) Possession/consumption of alcohol under the age of 21 is a first degree misdemeanor, for which the maximum sentence is a $1,000 fine and six months in jail. This sentence is rarely imposed, but the judge can decide to make an example of the offender.  Any of the three elements involved in underage drinking (possession, consumption, intoxication in a public place) alone or in any combination can lead to a citation, arrest and possible conviction.

2) First time underage drinkers are usually sentenced to the Diversion Program, which is a program that involves fines, fees, community service and other requirements to help offenders avoid a conviction. The cost in both time and money is high; twelve hours of community service plus approximately $104 in court costs, up to $250 in fines, $35 – $45 for an alcohol education class, and a fine of up to $200 from the Ohio University Office of Community Standards and Student Responsibility (Judiciaries). That’s a total of about $450 and 15 hours of your time. Are a few beers worth $500?

3) A second underage drinking conviction can result in higher fees and even jail time. The sentence is usually two days in jail or four days of house arrest.

4) Merely holding an alcoholic beverage while under the age of 21 is enough for the police to arrest and possibly convict you of underage alcohol possession.

5) Students often believe that the police have to give a test to determine intoxication, which is not the case. If the effects of alcohol are noticeable that is enough for a police officer to approach you and possibly cite or arrest you.

6) An underage OVI (operating a vehicle under the influence of alcohol and/or drugs) is also a misdemeanor in the first degree. For a first time offense the court costs are about $170 and fines are $250. The required driver’s training class is $100, the alcohol education class is $35-$45 and the fine from the Ohio University Office of Community Standards and Student Responsibility (Judiciaries) is up to $200. Your driver’s license will be suspended for 3-6 months and reinstatement costs up to $475. You will have increased car insurance which will cost hundreds over the years. An OVI cannot be expunged from your criminal record, so it can hurt your chances of finding future employment.

As a citizen of your city, state and country, you need to be aware of your legal rights and responsibilities, especially the right to avoid self incrimination. Download our flier, “Survival Tips for Court Street” to learn ways you can exercise your rights if approached by the police.

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

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.

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!