Chief's Corner Archive
Chief's Corner postings are displayed on the Chiefs Corner page for one year. After a year, they are moved to this archive.
14 October 2011
Most of us are aware of the grassroots protests that are occurring throughout the Nation and currently in Denver, known as Occupy Wall Street and Occupy Denver. Although we all have a fundamental right to peacefully assemble and engage in non-violent demonstrations, there are specific laws in Colorado regarding inciting a riot, engaging in a riot, and disobedience of public safety orders under riot conditions. There are severe consequences for students enrolled in publicly-funded higher education institutions who are convicted of any of these statutes. The Colorado Revised Statutes that I will be referencing may be found on the Colorado Attorney General's website at www.coloradoattorneygeneral.gov.
- A person commis inciting riot if he:
- Incites or urges a group of five or more persons to engage in a current or impending riot; or
- Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
- A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
- Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results there from, it is a class 5 felony.
- A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.
- The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.
- A person commits a class 3 misdemeanor if, during a riot or when one is impending, he knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense.
- No person who is convicted of a riot offense shall be enrolled in a state-supported institution of higher education for a period of twelve months following the date of conviction.
- A student who is enrolled in a state-supported institution of higher education and who is convicted of a riot offense shall be immediately suspended from the institution upon the institution's notification of such conviction for a period of twelve months following the date of conviction; except that if a student has been suspended prior to the date of conviction by the state-supported institution of higher education for the same riot activity, the twelve month suspension shall run from the start of the suspension imposed by the institution.
- Nothing in this section shall be construed to prohibit a state-supported institution of higher education from implementing its own policies and procedures or disciplinary actions, in addition to the suspension in subsection (2) of this section, regarding students involved in riots.
- The court in each judicial district shall report to the Colorado commission on higher education the name of any person who is convicted in the judicial district of a riot offense.
- The Colorado commission on higher education shall make the conviction reports received pursuant to paragraph (a) of this subsection (4) available to all state-supported institutions of higher education with the notification that the persons included in the conviction reports are subject to the provisions of this section and that the state-supported institution of higher education in which any of such persons are enrolled shall consider appropriate disciplinary action against the student.
- Each state-supported institution of higher education shall notify its students and prospective students of the requirements of this section. The governing board of each state-supported institution of higher education shall prescribe the manner in which this information shall be disseminated.
CRS §23-5-124 is very clear that a conviction for any of these violations of the law will result in the immediate suspension and inability to "be enrolled in a state-supported institution of higher education for a period of twelve months following the date of conviction." Please don't jeopardize your education and future professional endeavors!
Chief Mikel Longman, UNC Police Department
13 September 2011
It's that time of the year when solicitors come on to campus uninvited and attempt to sell all sorts of things to students. We have recently had unauthorized solicitors trying to sell magazines, employing "hard sell" techniques! The solicitors generally hang out around the University Center, but the Police Department has received information that solicitors have been entering residence halls as well. These individuals are not permitted to conduct business on UNC's campus and are absolutely prohibited from entering UNC's Residence Halls.
If you are confronted by any unwanted solicitation, firmly say "No, not interested" and walk away. Please contact the UNC Police Department at (970) 351-2245 to report any solicitors on campus.
Chief Mikel Longman, UNC Police Department
11 February 2011
The following is a general outline of the decision making process utilized by the University of Northern Colorado to determine if the institution should be closed due to inclement weather:
Multiple departments, but most specifically UNC Facilities Management grounds personnel and the University Police Department, along with others involved in emergency preparedness monitor weather conditions and the impact on the University's mission. The Police Department, as part of their Emergency Preparedness responsibilities will focus on public safety issues, commonly referred to as life/safety concerns in and around the University. Facilities Management grounds personnel will focus on issues related to access and mobility on campus. A representative from the University's Risk Management Department will assist in reviewing the findings. Weather conditions are constantly monitored.
When inclement weather is identified and there is an expectation that the weather conditions may present significant hazard to the University community (identified by staff and in conjunction with National Weather Service Advisories, Watches and Warnings), the UNC chief of police or designee will inform the Executive Staff of the University with identified concerns and/or recommendations.
Absent clearly identified public safety concerns related to inclement weather, the University will consider whether it can deliver services and meet responsibilities to faculty, staff and students, along with the greater community, and other vested groups. Consideration will also be given to road conditions and the ability of faculty, staff and students to reach the campus. Additional consideration may also be given to what other institutions are doing, along with UNC's experience and history under similar conditions.
Although the recommendations of personnel are strongly considered, the final decision to close the University due to weather concerns rests with Executive Staff and the President's Office.
To address some recent weather related concerns, such as the extreme cold, emergency preparedness personnel concluded that the low temperatures presented a manageable risk as long as appropriate clothing is worn and outdoor exposure is limited. Extremely cold temperatures are common in Colorado every winter. Heat was functioning in all buildings, and the sidewalks were clear. Roadways were not a significant problem, and the campus was easily accessible. Most universities, colleges and government offices remained open, with some limited exceptions in the Denver area. Analogies that some people may have drawn to K-12 schools closing, do not necessarily apply to adult students and the model of Higher Education.
University Staff realize that on some occasions not all faculty, staff and students may have the ability to reach campus from outside the Greeley area during inclement weather conditions. There are established processes in place to address this matter. Each of us have personal responsibility and should be capable of determining our own appropriate course of action, and ultimately the final decision to go out in inclement weather conditions rests with the individual. In considering all factors regarding the case of the recent extreme cold weather, caution not closure is generally the appropriate decision.
Chief Mikel Longman, UNC Police Department