[23095] in APO-L
Re: [APO-L] Felony
daemon@ATHENA.MIT.EDU (Daniel Roberts)
Sat Nov 2 06:53:45 2002
Date: Sat, 2 Nov 2002 07:02:29 -0500
Reply-To: Daniel Roberts <daniel_roberts@CORE.COM>
From: Daniel Roberts <daniel_roberts@CORE.COM>
To: APO-L@LISTSERV.IUPUI.EDU
In-Reply-To: <a05111b02b9e6e08f2f3c@[207.144.34.83]>
> -----Original Message-----
> From: Alpha Phi Omega Discussion List
> [mailto:APO-L@LISTSERV.IUPUI.EDU]On Behalf Of Henry Marx
> Sent: Thursday, October 31, 2002 8:56 AM
> To: APO-L@LISTSERV.IUPUI.EDU
> Subject: Re: [APO-L] Felony
> The other logistical problem that I see is that institutional charges
> are usually not matters of public record. There would probably be no
> way to prove that someone was even brought up on charges by their
> institution.
This is a good point. It has been my personal experience that some officials
at state universities will obstruct a criminal investigation based on claims
of educational privacy in spite of the fact that the specific law on the
issue requires them to cooperate with local officials in criminal matters.
Please understand, the cases I have observed personally involve university
officials who HAD THE BEST OF INTENTIONS and believed they were doing the
right thing but did not really understand the law as well as they thought
they did.
The worst example I have ever seen was a state university hospital refusing
(while represented by an attorney who was out of his area of expertise and
being overpaid in the process) to provide the medical records of a child
abuse victim to the county prosecutor even in the face of a court order to
provide them. The Judge later commented (after dressing down the attorney
for the university hospital for wasting his time) that he would have held
the University and it's attorney in contempt and fined them for a violation
of a rule that requires attorneys to not make clearly frivolous arguments.
He decided not to do this because the university was a public institution
and as such the taxpayers would have ended up paying all of the costs.
Dan
