Spring Break
Universities re-examine gun policies
WOU Student Jeff Maxwell is arrested on his campus for having weapon in public
Rebecca Johnson
Issue date: 3/13/09 Section: News
A recent incident at Western Oregon University has the potential to completely revamp the way Oregon universities handle weapons on campuses.
The incident was the arrest of WOU student and U.S. Marines veteran Jeff Maxwell, 30, by Monmouth police on Jan. 28. He was cited under ORS 166.370, which is the possession of a concealed weapon in a public area, which includes university campuses.
Since Maxwell holds a concealed weapons permit, he should have been exempt from ORS 166.370, and upon review of the case, the Polk County District Attorney has decided not to prosecute.
"I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation. However, a careful reading of the statute and the facts led me to conclude the charge was not in the best interest of justice," said part of a statement issued by the DA.
According to Monmouth Police Chief Darrell Tallan, police were responding to reports from Campus Public Safety of a man on campus in possession of a knife. Maxwell was approached after being identified as the man with a knife and was taken into custody. Tallan said that Maxwell was cooperative with authorities upon his arrest.
At the time of his arrest, Maxwell was in possession of a knife and derringer handgun. There was also a semiautomatic weapon found in his vehicle.
Even though charges were dropped, WOU has still decided to go through with disciplinary action. Maxwell went before a judicial board Feb. 10 where it was decided that he would be suspended until the end of spring term.
In order for him to be reinstated, he will have to complete a psychiatric evaluation and write a 10-page essay.
WOU is upholding the suspension of Maxwell, citing a violation of Oregon Administrative Rule 580-022-0045:
"Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct … (3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by law, Board, or institutional rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization)."
The incident was the arrest of WOU student and U.S. Marines veteran Jeff Maxwell, 30, by Monmouth police on Jan. 28. He was cited under ORS 166.370, which is the possession of a concealed weapon in a public area, which includes university campuses.
Since Maxwell holds a concealed weapons permit, he should have been exempt from ORS 166.370, and upon review of the case, the Polk County District Attorney has decided not to prosecute.
"I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation. However, a careful reading of the statute and the facts led me to conclude the charge was not in the best interest of justice," said part of a statement issued by the DA.
According to Monmouth Police Chief Darrell Tallan, police were responding to reports from Campus Public Safety of a man on campus in possession of a knife. Maxwell was approached after being identified as the man with a knife and was taken into custody. Tallan said that Maxwell was cooperative with authorities upon his arrest.
At the time of his arrest, Maxwell was in possession of a knife and derringer handgun. There was also a semiautomatic weapon found in his vehicle.
Even though charges were dropped, WOU has still decided to go through with disciplinary action. Maxwell went before a judicial board Feb. 10 where it was decided that he would be suspended until the end of spring term.
In order for him to be reinstated, he will have to complete a psychiatric evaluation and write a 10-page essay.
WOU is upholding the suspension of Maxwell, citing a violation of Oregon Administrative Rule 580-022-0045:
"Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct … (3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by law, Board, or institutional rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization)."
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John
posted 3/15/09 @ 9:18 PM PST
It certaily appears the University was out of line by trying to enforce a policy that was in contradiction with state law. You can't make local legislation against things that state law determines you have no authority over. (Continued…)
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