Question 2 Could Change Dimensions Of Matrix

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
As Nov. 4 nears, controversy over Question 2, a ballot referendum that would make the possession of less than one ounce of marijuana a civil offense, continues to build in Massachusetts. It would not make marijuana legal; instead, criminal charges would only remain for possession of over an ounce.

If the referendum is passed, Massachusetts will become the 12th state to decriminalize marijuana. The ballot proposal has been publicly opposed by some law enforcement officials, including Chelsea Police Chief Brian Kyes who told The Boston Globe that it would be a step backward in the fight against drugs. Michael O'Keefe, president of the Massachusetts District Attorneys Association, agreed. "[Marijuana is] twice as carcinogenic as tobacco, is a primary factor in juvenile hospital admissions, and its users are 10 times more likely to be involved in automobile crashes," he said in the government's official summary of the referendum. "Large percentages of criminal arrestees, approximately 40 percent, test positive for marijuana."

The proposal also has vocal support from various groups, who argue that the move will save taxpayers $30 million. "Police would be freed up to focus on serious crimes, rather than arresting 7,500 people annually for marijuana possession," said Whitney Taylor, campaign manager for the Committee for Sensible Marijuana Policy in the government's official summary of the referendum. Students at Boston College have also tried to raise awareness and support at tables in McElroy.

Whether they are Massachusetts residents who will be voting on the referendum or not, inquiries have arisen among BC students, eager to express their opinions at voting booths tomorrow. Seth Rutman, A&S '09, a native Floridian, cannot vote in Massachusetts, but he said if he could, he would vote 'yes' to Question 2. "I just think a lot of money is wasted on taking minor offenses to court and sending offenders to jail. There are tons of more important, more dangerous crimes that should be dealt with."

Rutman is not the only one who would vote 'yes' to the referendum. A poll conducted by Suffolk University/WDHD Channel 7 has shown that 72 percent of Greater Boston residents and registered voters are in favor of replacing criminal penalties with civil fines. Another poll conducted by WBZ TV/Survey USA showed that 69 percent of all Massachusetts voters would favor either decriminalization or legalization. According to an Oct. 24 article in The Boston Globe, 51 percent of registered Massachusetts voters support Question 2.

Under current state law, first offenders face a variety of criminal penalties, including driver's license suspension, a $500 fine, a Criminal Offender Record Information ( CORI ) report filed, and the possibility of jail time. If Question 2 passes, criminal penalties will be replaced by a citation accompanied by a $100 fine. Most importantly, however, no CORI report would be filed. CORI reports can be reviewed by potential employers as they make hiring decisions. The consequences of possession of less than an ounce of marijuana would be very similar to those spurred by a vehicular violation.

Students, however, are subject to University policies as well as state and federal laws. Those involved in marijuana-related instances are currently disciplined under the newly implemented matrix of alcohol and substance abuse policies. Penalties for violating the matrix, on and off campus, are separated into first, second, and third offenses. Sanctions for infringement of alcohol policy include fines of up to $400, housing probation, suspension, and University dismissal. A separate set of sanctions for drug violations include housing probation or suspension for first-time offenders caught with marijuana, fines of up to $500, and University dismissal. "It'll be interesting to see whether they'll [BC administration] change current policy," Rutman said. "But judging from the matrix, they'll most likely crack down on pot, too."

Administrators, though, have not clearly expressed how they might react in the event that Question 2 is passed. Brent Ericson, associate dean of the ODSD, said he was unaware of Question 2. "I think the reason there has been no discussion is that no one thinks it will pass, so there is no urgency," Ericson said.

The number of students who have been documented for use or possession of marijuana is also minimal, said Lieutenant Detective Eugene Neault, and BC has had only a handful of incidents involving the drug this semester. "The numbers have been pretty consistent over the years, and no new trend has been identified yet this year," Neault said.

Paul Chebator, senior associate dean of student development, also addressed the prevalence of the alcohol sanctions over the drug penalties in the matrix: "BC's drug of choice is alcohol - no question about that."

The fact that sanctions for marijuana-based offenses are harsher than those responding to underage drinking is still at the front of many minds. "Simply because it's taboo - pot is still all together illegal, and that makes harsher punishment justified," said a student who wished to remain anonymous.

Some students have expressed concern regarding how the University might respond to the referendum if it is passed. Because BC is a private institution, its administration must abide by federal, state, and municipal laws, but it can also choose to hold its students above and beyond those standards. Chebator did not say if or how the University might alter its current policies if the referendum is passed, but said that it might examine the issue in relation to the law if it is changed. "If state law were changed, and only after it was changed, we would take state law into account, and then ask ourselves, 'what makes sense for our students according to our mission?'" Chebator said.

Should the law be changed, BC would not be the first university to have to reexamine its own policies in response to a changed marijuana law. In the 1970s, Xavier University, a Jesuit institution in Cincinnati, Ohio, was forced to react to modifications in state law that made possession of less than 100 grams ( 3.6 ounces ) of marijuana a citable offense only with a fine of $100. It also made possession of 10 grams or more punishable by a fine of up to $250.

In the case of Xavier, the university chose to include further disciplinary sanctions in addition to the ones required by the law. First offenders at Xavier University who are caught by an on-campus officer are usually issued the standard $100 misdemeanor citation. Those who are caught in a residential hall or university building are issued the same citation and referred to the administration, at which point the student is placed on housing probation, obligated to complete an educational program or community service, and the parents of students under 21 are notified.

Luther Smith, the senior associate dean of students at Xavier, said that this shift in university policy was aided by the collaboration between the students and the administration who worked together to form the new policy. "The transition [between old and new policies] was never very difficult because we form review committees specific to each issue. Each committee involves several students, staff, and faculty members who come together to discuss the concerns of all members of our community," Smith said. Every time an old policy is revised or a new policy is in question, student input is taken to account; "Otherwise we would suffer severe backlash from the student body," Smith said. In addition, review committees are open to any student, regardless of whether they are or are not part of the acting student government.

"We take state law into account and listen to our students - so far they've been content with the way things are handled here. In fact, there were no suggestions or editions made by the student government this year with respect to the policy resulting from the 'alcohol task force' review," Smith said.

Similarly, at the University of San Francisco, a Jesuit institution in California, student input is taken into account in university policy. USF has a student senate composed of 30 students, who hold weekly meetings to discuss and vote on proposals or resolutions brought to them by the administration and the student body. While the administration does reserve the right to implement policies without first discussing with the senate, they usually go through the senate. "The only times the administration goes over the senate are when there are changes in tuition costs, and even then the floor is still open to resolutions," said Alex Platt, president of USF's student senate.

Some students have expressed concern that their input has not been heeded in this manner, particularly during the development of the matrix. Those students have said that the matrix has reinvigorated their frustrations about a lack of administrative transparency.

"Over the summer, they [administrators] came up with these new sanctions, and just surprised us in September," said Lauren Opachinski, CSON '09. "I appreciate that they tried to clarify the rules, but it was stupid not to include student input in the process, especially when it's a policy that is ultimately going to affect students."

Chris Poulos, a member of the Undergraduate Government of BC ( UGBC ) Senate and A&S '09, said that the UGBC hopes to propose a protocol whereby administrators would meet with the Senate and the UGBC president and vice president prior to making any policy change. "The main goal of such a protocol would be to enhance communication between the administration and student government prior to any policy change," he said. Though the administration may or may not heed such a suggestion, Poulos said, to create one would support the Senate's overall goal of serving as an advocate for the student body. "Our relationship with the administration has been much better this year; however, a policy would help foster this same relationship for years to come," he said.

Earlier this year, BC faculty and administrators held a panel discussion sponsored by the Residence Hall Association ( RHA ) to explain the sanctions specified in the matrix and address student concerns. "We should have done a better job consulting students, but time was an issue," Chebator told The Heights in September. "You don't know everything we know about the situations occurring on campus. We have numbers of students every week taken to the hospital or infirmary," Chebator said.

Ericson also told The Heights that the administration would work to include students in future assessments of the matrix. "We're going to be reviewing the policy over the course of the year, and we'll involve students in the conversation as well," he said.

Since then, Chebator said, "No further discussion has taken place, and no plans have been made as to how student input will be taken into account in the future." While there is currently no setup for student input, he said it is not ignored. "There will be a discussion about the matrix at some point, probably next semester, and it will include members of the UGBC, the AHANA Leadership Council ( ALC ), the GLBTQ Leadership Council ( GLC ), and the Off-Campus Council."

Poulos said that communication between the administration and the UGBC has been poor regarding policy change in recent history, citing new off-campus policies implemented last year, of which students were notified through a third-party news outlet. Poulos, though, said he sees signs that the administration is working to address such miscommunications. "In moving forward, the administration has recently taken positive steps in seeking student input, primarily with the matrix policy," he said. "This year, student involvement has been much more prevalent, and I'm optimistic for communication between students and administrators to continue to improve in the future."



News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: BC Heights (US MA: Edu)
Copyright: 2008 The Heights, Inc.
Contact: editor@bcheights.com
Website: The Heights
Author: Maria Christina Romero
 
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