The Ball State University Department of Public Safety strongly encourages students, faculty, and staff to immediately report crimes, suspected criminal activity, or other emergencies to the University Police.
EMERGENCY: 911
Ball State University Police: (765) 285-1111
Muncie Police Department: (765) 747-4838
Delaware County Police Department: (765) 747-7878
Indiana State Police (Redkey Post): (765) 282-1223
UNIVERSITY POLICE
Ball State University Police, a division of the Department of Public Safety, is headquartered at 200 N. McKinley Ave., Muncie, IN 47306, (765) 285-1111.
By virtue of Indiana Codes 20-12-3.5-1 through 20-12-3.5-6, and mutual aid agreements with the City of Muncie and Delaware County, Ball State Police Officers have full police powers.
Ball State police officers enforce all state and local laws, including underage drinking, controlled substances, crimes against property, and crimes against persons. University Police works cooperatively with local, county, and state law enforcement agencies.
University Police also works closely with the Office of Student Rights and Community Standards and the Office of Housing and Residential Life to enforce the Code of Student Rights and Responsibilities (see http://www.bsu.edu/sa/srcs/studentcode).
REPORTING A CRIME
All crimes or suspected crimes on campus should be reported immediately to University Police. Crimes occurring off campus can also be reported to University Police or to the Muncie Police Department, the Delaware County Police, or the Indiana State Police, depending upon where the incident occured.
Emergencies: 911
Non-Emergencies:
- Ball State Police: (765) 285-1111
- Muncie Police: (765) 747-4838
- Delaware County Police: (765) 747-7878
- Indiana State Police: (765) 282-1223
TIMELY WARNINGS
Ball State University Police makes available to all media upon request all public information related to reported criminal activity on a daily basis for the purposes of public awareness.
Additionally, press releases and crime alerts related to certain specific incidents are posted at www.bsu.edu/news .
POLICIES FOR DISCLOSING CRIME STATISTICS
University Police prepares an annual security report disclosing all crime statistics required by the U.S. Department of Education in compliance with the Clery Act. This report is filed with the Department of Education and is made available to the public at Campus Crime Statistics. Ball State crime statistics can also be found at http:ope.ed.gov/Security. You may also obtain a printed copy by calling or writing to:
Ball State University Department of Public Safety
Attn: Crime Stats
200 N. McKinley Avenue
Muncie, Indiana 47306
Telephone: (765) 285-1222
or by calling or writing to:
Office of Student Rights and Community Standards
Student Center, Room 224
Muncie, Indiana 47306
(765) 285- 5036
Ball State University's annual crime statistics include on- and off-campus crimes as defined by the Cleary Act that are reported to University Police. They also include statistics on disciplinary referrals to the Office of Student Rights and Community Standards, the Office of Housing and Residence Life, the Office of Student Life, and the Office of Recreation Services for alcohol, drug, and weapons law violations.
CONFIDENTIALITY
Crimes reported to counselors at the Ball State Counseling and Psychological Services Center, (765) 285-1736, or to staff at the University Health Center, (765) 285-8432, are confidential by law. Some off-campus reports may also be legally confidential, such as reports to a private physician or local counseling services.
Crimes reported to the above services are not included in the annual crime statistics.
Due to the Open Records Law of the State of Indiana, confidentiality cannot be afforded to persons reporting crimes to individuals or offices that supply crime statistics for this annual report. Crimes reported to the following individuals or offices are included in the annual crime statistics report:
- Ball State University Police
- Office of Student Rights and Community Standards
- Office of Housing and Residence Life
- Any office within the Division of Student Affairs
- Advisors to student organizations
- Director of Intercollegiate Athletics and coaches of intercollegiate athletic teams
POLICY FOR PREPARING REPORT
Ball State University's Annual Campus Security Act Report is the result of the effort of many people on campus. Each year the offices and individuals previously listed submit their data for inclusion in the annual crime statistics. No formal police report is required for a crime to be included in the statistics. Every effort is made to ensure that all persons required to report in fact do so and that our statistics are as accurate as possible.
If you have any questions or concerns regarding any of the statistics and information in this report, please contact the Office of University Communications, Ball State University, Muncie, IN 47306; telephone: (765) 285-1560.
BUILDING ACCESS
Because concern with personal safety and the security of property is shared by all segments of the university community, several practices and policies have been established to ensure as safe a community as possible.
Residence Halls
All nonresidents (guests) must be escorted by a hall resident when in living areas. Residence halls are locked at night and all residents must show student identification for entrance. All doors are locked at 12 a.m. and will re-open at 7 a.m. and a University staff member is present to ensure that only residents and their registered guests are permitted to enter.
Other Campus Facilities
Other campus facilities have specified hours of operation based on their use and the facilities they contain. These buildings are secured at closing times. Most academic buildings on campus will be locked at 10 p.m. while most administrative buildings are locked at 5 p.m., though these times will vary. University Police Officers actively patrol the campus in vehicles, on bicycle, and on foot. Buildings are periodically checked by University Police Officers.
CAMPUS CRIME PREVENTION AND SAFETY AWARENESS PROGRAMS
Emergency phones have been placed throughout the campus to aid in the reporting of crimes or other emergencies.
A campus escort service has been established to provide the community with safe campus transportation to and from university buildings. The Campus Escort Service can be reached at (765) 285-5005, 6 p.m. to 12:45 a.m., Sunday thru Thursday.
University Police conduct RAPE AGGRESSION DEFENSE (RAD) courses throughout the year. Learn more at www.bsu.edu/publicsafety/prevention.html.
Crime Prevention presentations relating to personal safety and the safeguarding of one's property are offered to the entire university community through the University Police Department. Thousands of students take advantage of these programs each year. If you or your organization are interested in obtaining a program presenter, contact Public Safety at (765) 285-3009
In cooperation with the Office of Housing and Residence Life, University Police assist with the after-hours security of all residence halls.
The Office of Student Rights and Community Standards is responsible for administering the CODE OF STUDENT RIGHTS AND RESPONSIBILITIES (published at http://www.bsu.edu/sa/srcs/studentcode), which outlines the rights and responsibilities of students, behaviors prohibited on and off campus, sanctions, and the procedural rights of students and student organizations. Any person, agency, organization, or entity may make a complaint to the Office of Student Rights and Community Standards alleging a violation of the Code of Student Conduct. In addition, any criminal offense may be reported to the Office of Student Rights and Community Standards, which in turn will be reported to the appropriate law enforcement agency. The Office of Student Rights and Community Standards is located in the Student Center, room 224; telephone: (765) 285-5036.
CAMPUS SEXUAL ASSAULT PREVENTION PROGRAMS
Numerous programs and printed materials are offered to the university community relating to personal safety and prevention of sexual assault. University Police offers a 12-hour RAD (Rape Aggression Defense) program for a nominal fee of $25. The Calendar of Events Handbook, available at the university bookstore, provides detailed information on responding to victims of sexual assault. It lists all the available resources for victims in need of counseling, medical attention, and emergency shelter. This information is also available on-line from the Student Rights & Community Standards website.
REGISTERED SEX OFFENDER INFORMATION
Information regarding registered sex offenders may be obtained from the Department of Public Safety by contacting the University Police. Indiana's Sex and Violent Offender Registry is located online at www.insor.org/insasoweb/ and is updated by the Criminal Justice Institute.
SEX OFFENSE PROCEDURES, INCLUDING PRESERVATION OF EVIDENCE AND TO WHOM TO REPORT
Victims of sexual assault are strongly encouraged to report the incident to the police. To preserve physical evidence that may be needed for investigation and prosecution, the victim should not change clothes or otherwise cleanse her/himself before going to a hospital. If the victim is reluctant to contact the police initially, she/he should still seek treatment at a hospital to preserve evidence and address any health concerns.
NOTIFICATION OF THE POLICE AND UNIVERSITY'S ASSISTANCE
Ball State University will provide whatever assistance the victim needs in notifying the police. On-campus assaults should be reported to University Police at (765) 285-1111. Off-campus incidents should be reported to either University Police or the Muncie Police Department at (765) 747-4838. In all cases, emergency assistance can be reached by calling 911.
If the victim does not wish to prosecute the offender or even report the offense to the police, she/he can still file a report with the Office of Student Rights and Community Standards, provided the offender is a student, and the university's disciplinary process may be initiated.
Ball State University makes a number of promises to victims of sexual assault and supports the CAMPUS SEXUAL ASSAULT VICTIM'S BILL OF RIGHTS, which can be found at www.bsu.edu/sa/srcs/sexassault. Included in the Victim's Bill of Rights are such principles as:
- Every effort will be made to accommodate a victim's preference as to the gender of the reporting officer.
- Every victim will be treated with respect and sensitivity.
- Every case will be taken seriously and thoroughly investigated regardless of the victim's gender or the gender of the assailant.
- The police will assist the victim in obtaining necessary medical attention and counseling, and will continue to assist victims as they proceed through the legal system.
VICTIM'S SERVICES
VICTIM ASSISTANCE: ON-CAMPUS
Ball State University, Office of Victim Services: (765) 285-7844
The office provides an advocate for 24-hour availability to respond to the hospital or neutral location when requested. The program is designed to assist individuals in the recovery process by providing timely information and confidential support and guidance through the campus judiciary and criminal justice systems.
VICTIM ASSISTANCE: OFF-CAMPUS
Muncie Police Department Victim Advocate Program: (765) 747-4777
A Better Way, the local domestic violence shelter: (765) 747-9107
COUNSELING RESOURCES
Counseling is available to victims 24 hours a day by calling the following resources:
- Ball State Counseling and Psychological Services: (765) 285-1736 or after hours (765) 747-7330
- Victim's Advocacy Program: (765) 747-4777
- A Better Way, the local domestic violence shelter: (765) 747-9107
CHANGING VICTIM'S ACADEMIC AND LIVING CONDITIONS
Ball State University will make changes in victim's academic and living conditions if requested by the victim and reasonably available.
UNIVERSITY INTERNAL DISCIPLINARY PROCEDURES
The student conduct regulations are detailed within The Code of Students Rights and Responsibilities on-line at http://www.bsu.edu/sa/srcs/studentcode . The Code states the rights and responsibilities of students will include possible sanctions, and the procedural rights of students and student organizations.
The policy on rape/sexual assault is found in Section V. CODE OF CONDUCT of the regulations which provides:
5.1.5 Sexual Misconduct: Sexual intercourse or sexual touching, however slight, by one person upon another without effective consent or when it involves compelling a person to submit to such conduct by force, threat of force, use of intoxicants to impair a victim's ability to give consent or otherwise taking advantage of any impairment which might render a person incapable of making a reasonable or rational decision about sexual activity. As defined by the State of Indiana, sexual misconduct also includes any sexual act when the person is not of legal age. See also Sexual Misconduct Policy, Appendix I.
The procedures, policies and sanctions outlined in The Code of Students Rights and Responsibilities apply to all violations of the Code including rape/sexual assault violations.
As outlined in Section VI, 6.4.5, Procedures for Disciplinary Hearings, the accused and the accuser are allowed the same opportunities to present evidence and have others present during a disciplinary proceeding. Students are informed of the outcome of a disciplinary proceeding alleging a sex offense or crime of violence within (5) school days after the conclusion of the hearing. This compliance does not constitute a violation of the Family Educational Rights and Privacy Act.
Sanctions for students include: disciplinary probation, suspension, and expulsion (Section VI, 6.4.6 of the Code).
Prosecution - We strongly encourage survivors of rape/sexual assault to prosecute the assailant under criminal law as well as filing a complaint under the Code of Student Rights and Responsibilities.
For further information on The Code of Students Rights and Responsibilities, contact the Office of Student Rights and Community Standards located in the Student Center, room 224; telephone: (765) 285-5036.
ALCOHOL AND DRUG REGULATIONS AND RELATED INFORMATION
Additional information about drugs and alcohol may be found at Ball State's Safe And Drug-Free Campus website.
Alcohol Regulations
The following policy appears in the Code of Student Rights and Responsibilities in Appendix A:
When students choose to consume alcoholic beverages, Ball State University encourages responsible practices and behavior in accordance with campus policies, the laws of the State of Indiana and the City of Muncie. Violation of University policy and local and state laws related to alcohol on or off campus will result in disciplinary action.
A. General Guidelines
- University Sponsored Events- Illegal purchase, service, consumption, or possession of alcoholic beverages at any University-sponsored event on or off campus is prohibited. Upholding applicable local, state, and federal laws in connection with this policy is the joint responsibility of the persons in attendance at the activity, the sponsoring organization, and the management of the establishment in which the activity is held.
- Illegal purchase, consumption, or possession of alcoholic beverages by any student under 21 years of age is prohibited wherever it may occur.
- Providing alcoholic beverages at any time to an individual who is under 21 years of age is strictly prohibited.
- Adverse behavior as a result of alcohol consumption, including disruption, disorderly conduct, and public intoxication shall be a violation of the Student Code.
- The sale of alcoholic beverages by any person without a license is strictly prohibited.
- Students found responsible for providing alcohol to minors and selling or distributing alcohol in violation of state law shall be in violation of the student code.
- Students hosting parties where alcohol is provided to minors, provided in excess to others, or otherwise distributed in violation of the law shall be subject to possible suspension or expulsion from the University.
B. On Campus - With respect to the service, possession or consumption of alcoholic beverages on the Ball State University campus, state statutes and city ordinances will be enforced in addition to the following regulations:
- Residents who are of legal age to possess or consume alcoholic beverages and who reside in University-operated employee or University Apartment units may possess and consume such alcoholic beverages in the privacy of their residences.
- Consumption and possession of alcohol may be permitted on some residence hall floors where all residents are of legal age to possess or consume alcoholic beverages. Such use of alcoholic beverages will not be permitted in the public lounges, study lounges, recreation areas, dining rooms, or any area other than the student rooms.
Laws Concerning Drinking or Serving Alcohol
The summary below is intended to provide an overview of some of the sections most relevant to University students. It is not intended as a substitute for professional legal advice. Those needing legal advice should consult an attorney.
Alcohol Use by Persons Under the Age of 21
Indiana alcoholic beverages laws define the term "minor" as "a person less than twenty-one (21) years of age." Under Indiana Law, it is illegal for a minor:
- To possess an alcoholic beverage (even to hold a sealed container for another person).
- To consume an alcoholic beverage.
- To misrepresent his or her age for the purpose of obtaining alcoholic beverages.
- To furnish false or altered identification of any type for purpose of providing evidence of age to obtain alcohol.
- To have his or her possession false or fraudulent evidence of age.
- To drive an automobile being used to transport alcoholic beverages, unless the minor's parent or legal guardian is present in the car. (Note: When a minor operates a motor vehicle containing ANY alcoholic beverages she/he is subject to arrest, unless a parent or legal guardian is in the car. A 21 year-old-friend does NOT qualify a minor to operate a vehicle containing an alcoholic beverage. It is no defense that the beverage belongs to someone else or that is unopened.)
- To "be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished."
Criminal sanctions for such violations include a fine of up to $500 and/or imprisonment in a local jail for up to 60 days. In addition to the criminal sanctions, Indiana law mandates a 90 day to one year driver's license suspension for any minor who is convicted of using any type of fake ID, or of entering a bar or tavern or purchasing or procuring an alcoholic beverage (with or without using false or altered driver's license). Under certain circumstances, local prosecutors have used the "criminal code," rather than the "alcoholic beverage code," to prosecute users of fake ID's. Class A misdemeanor charges of "deception" and class C felony charges of "forgery" have sometimes been filed. Also under a new federal law, possession or use of fake or altered driver's licenses or state or federal ID cards can be punishable by a fine up to $25,000 and/or a five year jail term!
General Alcohol Laws (Apply to anyone, regardless of age):
It is illegal:
- To be in a public place in a state of intoxication (also know as "public intoxication").
- To sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor.
- To sell, barter, deliver, or give away an alcoholic beverage to a person who is intoxicated.
- To sell, barter, exchange, give, provide, or furnish an alcoholic beverage to a person known to be an alcohol abuser.
- To hinder, obstruct, interfere with, or prevent the observance or enforcement of the Indiana Alcohol Beverage Code. For a person 21 years of age or over to encourage, aid, or induce a minor to unlawfully possess or use an alcoholic beverage.
- To take an alcoholic beverage into bar, restaurant, or place of public entertainment. (Indiana Law prohibits patrons from taking any alcoholic beverage into any bar or other place without liquor license. It also prohibits taking liquor into any restaurant or place of public entertainment.)
- To possess alcoholic beverages on which Indiana tax has been unpaid or to transport untaxed beverages into the state.
- To directly or indirectly charge for alcoholic beverages without a license (including charging for food, entertainment, cups, napkins, tokens, etc. where alcoholic beverages are distributed-there are no loopholes). (NOTE: A one-day temporary permit is easily obtained. This permit allows you to charge for beer or wine but also allows police inspection of the premises without a warrant. Rules on minors, intoxicated guests, etc., would still apply.)
Criminal sanctions for such violations include a fine of up to $1,000 and/or imprisonment in a local jail for up to six months.
Alcohol or Other Drug Impaired Driving
It is illegal:
- To operate a motor vehicle while intoxicated (under the influence of alcohol, any controlled substance, any other drug, or any combination of alcohol, controlled substances, and other drugs).
- To operate a motor vehicle with 0.08% or more alcohol in the blood, even if intoxication is not proven.
- To operate a motor vehicle while intoxicated or with 0.08% or more alcohol in the blood if said operation results in serious bodily injury to another person.(FELONY)
- To operate a motor vehicle while intoxicated or with 0.08% or more alcohol in the blood if said operation results in the death of another person. (FELONY)
Indiana law states that anyone operating a motor vehicle within the state gives "implied consent" to submit to a chemical test of intoxication (breath, blood, or urine). Failure to submit to the test may be presented as evidence against the driver in court and will result in a longer driver's license suspension than if the driver took the test and failed it. The courts have ruled that failure to cooperate with a test will constitute refusal in the eyes of the court. (NOTE: It is illegal to drive a car while impaired - even at blood alcohol levels below 0.08!) Criminal sanctions for such violations include fines and imprisonment, license suspensions, and can include mandatory education or treatment programs.
Parties, Permits, and "Common Nuisances"
Indiana law requires you to have a license to "...Ship, barter, give away, exchange, furnish, or otherwise handle or dispose of an alcoholic beverage..." (except to give it to a family member or invited guest who is of legal age). This has been interpreted to mean that it is all right to serve your over-21 friends a beer or two but you can't sell it or receive anything of value in exchange for it. If your party gets larger than "invited guests," or if you plan to charge admission (or accept "donations"), you need to get a temporary permit. If you don't get a permit, you could be charged with:
Serving alcohol without a permit (a class B misdemeanor), or even "Maintaining a common nuisance" (a class D FELONY).
Social Host Liability
Under civil law in Indiana, the host of a party might be sued for damage caused by a guest who was served alcohol negligently. Negligence is determined by juries, so it is hard to predict, but the following steps will reduce liability for negligent serving of alcohol: enforce state laws and don't serve minors or intoxicated people; limit consumption to reasonable levels and provide safe rides or a place for intoxicated people to stay until they are sober; avoid high risk activities like drunk driving. Use common sense.
A Caution for Guests...
Even non-drinking guests at parities where alcohol is being served could be at risk for an arrest or conviction. It is a crime to "visit a common nuisance" (i.e. an unlicensed big party). Minors could also be charged with "constructive possession" of alcohol if they are close enough to alcohol that it is "within their dominion for control."
Drug Regulations
The use, possession, sale, or transfer of narcotics, drugs or hallucinogens is prohibited on campus, except as permitted by law. The following policy appears in the Code of Student Rights and Responsibilities in 5.3.3:
Drugs - Using, possessing, selling, distributing, manufacturing, or transferring narcotics, illegal drugs, or prescription drugs, except as expressly permitted by law, or possessing drug paraphernalia which can be demonstrated to be linked to illegal drug activity.
The summary below is intended to provide an overview of some of the sections relevant to university students. It is not intended as a substitute for professional legal advice. Those needing legal advice should consult an attorney.
Laws Concerning Controlled Substances
Controlled Substances
"Controlled Substances" are regulated drugs that have been determined to have special "abuse potential." Such drugs include; marijuana, hashish or hash oil, cocaine, LSD and other hallucinogens, barbiturates and other sedative-hypnotics, amphetamines and other prescription stimulants, MDMA (Ecstasy), PCP, and similar drugs. It is illegal under both state and federal to:
- Manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
- Deal in a substance represented to be a controlled substance (including counterfeit, "look-alike" drugs).
- Manufacture, advertise, distribute, or possess with intent to manufacture, advertise or distribute a substance represented to be a controlled substance.
- Possess, without a valid prescription, a controlled substance.
- Visit a building, structure, vehicle, or other place used by person to unlawfully use a controlled substance.
- Possess, manufacture, deal in , or deliver drug paraphernalia (an instrument, device, or other object intended for use for introducing a controlled substance into a body or for enhancing the effect or testing a controlled substance.)
Criminal sanctions for such violations can include fines from $5,000 to $10,000 under state law and up to $25,000 under federal law, and imprisonment in a state prison for up to 50 years or in a federal prison for up to life. The sanction imposed will be determined by; (1) the classification of the controlled substance, (2) the quantity involved, (3) the nature of the offense (sale, use, etc.), (4) the age of the recipient (higher penalties for possession, sale or delivery near a school, etc.), and (5) the prior criminal record of the offender. More detailed information may be obtained by consulting the Indiana Criminal Code or the Federal Controlled Substances Act, as amended.
Anabolic Steroid
Under Indiana law, it is a criminal offense to manufacture, deliver, possess, or use an anabolic steroid without a valid and legal prescription. It is illegal for a physician or other licensed practitioner to issue a prescription for an anabolic steroid for enhancing performance in an exercise, sport, or game, or to increase muscle mass, strength, or weight without a medical necessity. Criminal sanctions for such violations can include fines and/or imprisonment. More detailed information may be obtained by consulting the Indiana Code.
Tobacco Under Indiana Law
It is illegal for a person under the age of 18 to purchase or possess tobacco, and it is illegal to sell tobacco to a person under the age of 18. Starting March 1, 1997, a person purchasing a tobacco product must have proper identification for proof of age. A fine of up to $500 may be imposed for such violations. Indiana law also prohibits smoking in public buildings (including all BSU properties), except in designated smoking areas and private residence rooms. A fine up to $500 may be imposed for such violations.
Pell Grant Award Recipients
All students who receive Pell Grant awards are required to sign a certification and compliance statement, which is a part of the Ball State University financial aid application form. As a condition of the Pell Grant, the student agrees not to engage in the unlawful manufacture, distribution, possession or use of a controlled substance during the period covered by the grant. Violation of this agreement will lead to the cancellation of the grant. Under Federal regulations, all Pell Grant recipients have to remain drug-free (on and off campus) throughout the grant period or lose funds.
Campus Resources for Alcohol and Other Drug Information
Health Education
The Alcohol/Drug Education Program is a part of Health Education in the Student Health Center. This office provides a wealth of information as well as alcohol and drug abuse consultation and assessments for students. There are several individual and group programs available to students who want to learn more about how alcohol and other drug use is impacting their lives and how they can monitor their behavior. The Court Offenders Alcohol and Marijuana Programs are peer-facilitated six-week educational programs for Ball State University students who have been arrested for a misdemeanor alcohol or marijuana offense anywhere in the State of Indiana. These programs are recognized by the state's judicial system as legitimate alcohol and marijuana educational programs. Referrals come from the courts, probation officers, attorneys and other correctional programs attached to the judicial system. The programs focus on alcohol or marijuana education and behavioral change.
The program includes individual student assessment, a behavioral contract, group sessions and individual evaluations. Initially, each referred student has an hour-long assessment with the program coordinator, which is followed by six 1 1/2 hour sessions and attendance at an Alcoholics Anonymous meeting. Following completion of the group sessions, each student completes an exit interview and establishes alcohol behavioral goals for the following three to six months.
Counseling and Psychological Services Center
The Counseling and Psychological Services Center provides a variety of support assessment services which are designed to educate and enhance awareness of students in the area of chemical dependence.
Fisher Institute for Wellness
The Fisher Institute for Wellness is designed to respond to a variety of life-style issues. Most of the work of the Institute in this area is designed to provide quality alcohol and drug information to members of the University Community.
Academic Department Courses
The area of Academic Affairs offers a variety of opportunities for students to study the complex issues of drug abuse, the impact of society, as well as to prepare for careers in alcohol and drug counseling, patient care, and other related fields. The following units offer such courses and programs:
- Department of Physiology and Health Science
- School of Physical Education
- Department of Family and Consumer Sciences
- School of Nursing
- Department of Sociology
- Department of Counseling Psychology and Guidance Services