Published Sept. 18, 2012

A student shot another student in the head and shoulder with a pellet gun at Apartment Village on Sept. 11.

Ben Hunter, chief of staff and executive director of public safety, refused to release the full incident report. The Collegian was granted access to a redacted version of the report.

Around 6 p.m., Officer Jason Downs and Sgt. Tony Rivera of Butler University Police Department responded to a call from the victim at Apartment Village Building H.

When officers arrived at the scene, they found the victim had bloody welts near her ear and on her shoulder, according to the report.

The victim was able to identify where the shots came from. Officers then questioned the suspect, a black male student, who said he aimed at the victim and shot her with the air pellet gun.

Officers then photographed the evidence, which included an air pellet gun and pellets, according to the report.

The victim declined to press criminal charges. The case has been referred to the office of Student Affairs.

As of press time, Irene Stevens, dean of student life, said that the case was still in the disciplinary process and that hearings had not yet concluded.

Stevens said that university policy prevented her from commenting further on the matter.

Hunter said that the case is still open and that the victim may still decide to press charges.

The incident is listed on the daily crime log maintained by BUPD in accordance with the Clery Act, a federal law that requires campus crimes to be recorded.

Room 103 in Apartment Village Building H, is the listed location in the report, which is open to public inspection and can be found on BUPD’s website.

When The Collegian attempted to contact those living in the apartment, a woman answered the door. She said that she had heard about the incident but had no comment on the details.

Collegian sources have linked former men’s basketball player Chrishawn Hopkins to the incident.

University officials have not confirmed or denied these reports. Hopkins has not commented on the issue.

Published Sept. 18, 2012

Butler University Police Department refused to release the full incident report of a pellet gun shooting that occurred Sept. 11 at Apartment Village.

FERPA

Officials initially cited the Family Education and Privacy Rights Act as the reason the report could not be released.

The federal law, known as FERPA, is overseen by the U.S. Department of Education. It was created to prevent the release of educational records.

In 1992, Congress added a section to the law that outlines what does and does not constitute an educational record.

The U.S. Department of Education clearly states, “’Law enforcement unit records’ are not ‘education records’ subject to privacy protections of FERPA. As such, the law enforcement unit may…disclose law enforcement unit records to third parties without the eligible student’s prior written consent.”

When asked about the federal department’s definition of a law enforcement document, Ben Hunter, chief of staff and executive director of public safety, told The Collegian in an email that since the case had been turned over to student affairs, it was no longer a law enforcement document and is now a disciplinary issue.

Adam Goldstein, an attorney advocate with the Student Press Law Center based in Virginia, said that if a document is created for any law enforcement purposes, it is not protected by FERPA.

He said anyone using the federal law to keep such information secret was running the risk of violating the law and could be fined.

“Just because it’s moved to a different department doesn’t mean that the incident report doesn’t exist,” Goldstein said. “There’s no reason for the department to say that the report is covered. That’s no excuse.”

POLICE RECORDS

Hunter then told The Collegian that since Butler is a private institution, records kept by the department did not fall under the same public records laws as public institutions.

Since Butler police officers have arresting powers, they can be considered as the functional equivalent of a public agency and must follow open records laws.

“These are not special officers,” a representative with the Indiana State Police Department told The Collegian. “They have to follow the same rules that every other officer in the state has to follow.”

The Butler University Police Department’s website on Monday read, “Officers are appointed under statutes of the State of Indiana with full police powers, sharing concurrent jurisdiction in the boundaries of Marion County with the Indianapolis Metropolitan Police Department.”

On Tuesday, this statement had changed. The website now reads, “Our police patrol supervisors and police officers are appointed under the statutes of the State of Indiana with full police power and are available 24 hours a day throughout the year. They are graduates of the Indiana Law Enforcement Academy.”

When asked about the department’s jurisdiction, Hunter said that the department made no arrests, nor did it send the case to a government prosecutor. Therefore, he said, the case was not public record.

Until the department presents a case to a government agency, Hunter said that the records are private.

STUDENT CONDUCT SYSTEM

Most incidents at Butler are not charged in the criminal court system. Instead, the Office of Student Affairs handles incidents.

As outlined by the residence life guidelines in the 2012-13 student handbook, residents may not possess or store firearms—including pellet guns—in their rooms or in any other place in residence halls or university apartment buildings.

Anyone possessing such items is subject to severe student conduct action, which may include suspension or dismissal.

University rules of conduct state that a student can be subject to sanctions if he or she is involved in behavior that could or does result in the physical injury of another person and if a student possesses firearms.

The university’s conduct system consists of administrative reviews and dispositions, administrative appeals, a student conduct board, a university appeals board and appeals to the president.

While most offenses committed on campus will normally result in student conduct action by the university, the handbook states that students can be accountable to both civil and criminal authorities and to the university for acts that constitute violations of such laws.

CRIME IN INDIANA

Both the redacted incident report and the crime report on the Clery log have the incident listed as “criminal recklessness.”

Under Indiana law, criminal recklessness includes a person who recklessly, knowingly or intentionally inflicts serious bodily injury on another person.

Hunter said the officers who answered the call and filed the report submit what charge should be connected to an incident. Hunter said that he wouldn’t have submitted the report as criminal recklessness, which can result in jail time, fines or community service.

It is unlikely that the incident report from last week’s pellet gun shooting will be released, Hunter said. The case is “victim-driven,” and its release is dependent on if the victim decides to press criminal charges.

As of press time, the victim has decided to not press charges and to keep the suspect’s consequences at the university level.

FERPA states that there are exemptions to the release of an incident report.

The most common exemptions are records that would compromise an ongoing investigation.

Hunter said the victim has roughly a year to decide if she wants to press charges. Until then, he said, the case could remain open.