An increase in the number of states allowing permits for college students to carry concealed weapons on campus is a growing concern for community colleges.
In the wake of another shooting at Virginia Tech in December, the topic of violence and guns was a key issue of discussion at the recent annual Community College Conference on Legal Issues at Valencia College (Florida).
Ada Meloy, attorney for the American Council on Education, and J.P. Sherry, general counsel for the Los Rios Community College District in California, said there’s a gray area in the law regarding guns on campuses, and colleges are handling it differently. In 26 states, colleges or universities are allowed to set their own weapons policies. Utah and Mississippi allow concealed weapons on college campuses, as long as the carrier has a permit. Conversely, 20 states, including Florida, currently prohibit guns on public college campuses, even for people with concealed weapons permits.
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Recent court decisions about guns on campus have left plenty of college administrators scratching their heads. Although the most recent U.S. Supreme Court decision involving gun possession upheld rules against having guns in “sensitive places, such as schools and government buildings,” there have been conflicting decisions in state courts in Idaho and Oregon that make the matter fuzzier.
Courts appear to be leaning toward permitting guns in a private residence—which could mean guns may be permitted in student housing, Sherry said. However, colleges will likely be able to ban guns from on-campus dormitories, he said, though the courts will likely permit guns in married-student housing and off-campus housing.
In many states, students have begun holding “empty holster protests,” saying they have a right to defend themselves, even on campus. As more Americans apply for concealed weapons permits, college attorneys should prepare for more questions about gun rights on campus.
“This problem is not going to go away,” Meloy told conference attendees. “It’s only going to get bigger.”
Policies on social media
Social media was also a hot topic at the three-day conference, which covered a range of issues that colleges and their legal teams deal with, from risk management and copyright law, to privacy and natural disasters. While Facebook, Twitter and other social media are great tools for marketing and even academics, there are concerns about their potential for harm, particularly given the growing problem of cyber-bullying.
While colleges and universities should be havens for free speech, administrators have a duty to take action when they learn that the college’s computer system has been used to make inappropriate postings, said Larry White, vice president and general counsel at the University of Delaware. Although it’s tempting to draft a social media policy for the college, that may be difficult given the ever-changing world of social media, noted White and Wendy White, senior vice president and general counsel at the University of Pennsylvania, who co-presented on the topic. Instead, colleges should review their “open expression policies” and keep up with the realities of social media, and ensure that policies are broad enough to also cover emerging types of communication, from Tweets to Facebook posts to the next big thing on social media.
Rather than creating a long list of “don’ts” for students, administrators at the University of Pennsylvania are developing social media guidance documents, Wendy White said. For instance, the university recently released a guide that teaches students, administrators and faculty how to use the top 10 privacy settings on Facebook.
Avoid election-year missteps
In an election year, colleges—particularly those that have a 501(c)(3) tax exempt status—must be careful to avoid partisanship, said Larry White. If a political candidate wants to use a college building for an event, the college should rent it to him or her for the standard rental fee. If the college produces a voter education guide, the guide should cover many issues and sides, rather than just one, otherwise the guide may appear to favor one candidate over another. In addition, college officials should not use college time or resources to plug political candidates.
Although it’s rare, the Internal Revenue Service can levy fines on colleges and college administrators who authorize any expenditure that violates 501(c)(3) rules. In addition, the IRS can fine every officer of a university, White said.
“It’s handy to trot this out in January of election years, because it puts the campus community on alert that there are consequences for cozying up to political candidates,” he said.
The conference was organized by Valencia College in cooperation with the National Association of College and University Attorneys, American Council on Education, Association of Community College Trustees, American Association of Community Colleges and the Association of Florida Colleges.
Beaty is a writer for Valencia College (Florida).