Sample Precedent File - Violation of Fire Safety

Charges

Charge: Fire Safety
Plea: Responsible
Verdict: Responsible
Vote: 5-0
 
Charge: Disorderly Conduct
Plea: Responsible
Verdict: Responsible
Vote: 5-0

Sanction(s)/Appeal

Suspension for one semester
Community service (25 hours)
Educational programming
Written assignment 
 
Appeal: Yes
Grounds: Procedural Error & New Evidence
Appeal Outcome: Denied 

Narrative 

#2634, Trinity sophomore, discharged a fire extinguisher in the area of her residence hall room on November 19, 2005, around 2 a.m. This activated the fire alarm, prompting an evacuation of the building. Two hours later, around 4:20 a.m., #2634 was attempting to clean up the chemicals from the discharge when they set off the alarm a second time, necessitating a building evacuation again. #2634 appeared before a panel of the Undergraduate Judicial Board on December 6, 2005, to respond to allegations of a Fire Safety Violation and Disorderly Conduct.

#2634 pleaded responsible to both allegations. In her written and verbal statements to the Board, she described how she and her roommate found the fire extinguisher in a trashcan. Viewing it as a trophy item, she decided to take it to their room. #2634, her roommate, and three male students hung out for a while in the room. #2634 said that she decided to take the fire extinguisher into the hall and pull the pin. She said she did so without knowing the full affects of what happens when a pin of a fire extinguisher is pulled. Immediately after the pin was pulled the extinguisher released its powdery contents, activating the fire alarm.

While the alarm was annunciating #2634 and her roommate went outside with the rest of the residents. She left the area and went to a different quad. Around 4 a.m., #2634 said that she returned and recognized the extent of the mess. She said that she wanted to clean up the powder from the chemicals, but as she tried to do so it set off the alarm again. At that time #2634 decided to approach the resident assistant on duty and the police and inform them of what had happened that night.

#2634 expressed deep regret for her actions and she said that she had learned a lot about fire safety. She detailed that she had paid for damage and bought air cans for her neighbors on the hall to help clean their rooms. #2634 also worked with the residence coordinator in sending an email to the quad apologizing for her actions. She said that the RC recommended that the email be anonymous, to which she agreed.

The panel wanted to understand if #2634 recognized when and where decisions were made that night that could have resulted in a different outcome (namely, that she would not have discharged the fire extinguisher). The panel asked that if there were any moments when anyone said to #2634 that this was not a smart idea. #2634 stated that one of the girls on the hall saw her carrying the fire extinguisher, looked at her with an expression of “what are you doing,” and closed her room door. The panel asked if anyone in the room said anything. #2634 said no. She said she was intrigued by the extinguisher and took it out into the hall. She said that her roommate and the guys went to watch her.

The panel wanted to know about the influence of alcohol on the events of the night. #2634 responded that while she had had some drinks, she did not want to blame alcohol for her actions, stressing that she took full responsibility for her behavior. The panel asked if there were any moments after using the extinguisher before the second alarm if she had thought about contacting anyone and letting them know of her involvement. She said that she had told some of her neighbors that she caused the alarm, and she said that it was suggested that she turn herself in. #2634 agreed that she did want to let her resident assistant know about her involvement but due to the time of night said that she would wait until later in the morning. This was before the second alarm was activated.

Following the questioning, #2634 presented a closing statement again emphasizing her sorrow for the incident and her acceptance of responsibility for what happened.

The panel voted unanimously (5-0) to find #2634 responsible for the allegations. The panel spent a while discussing the appropriate university response to her behavior. The Board found it important that #2634 educate herself and others about fire safety issues. The panel decided (4-1) that a presentation to her sorority about fire safety would be beneficial. The panel also required #2634 to complete 25 hours of community service associated with fire safety and a two-to-three page reflection paper on her presentation and the community service.

Finally, sanctions for previous fire safety violations have typically included revocation of a student’s housing license for the remainder of the academic year. The Board spent the most time discussing this response, spending much time debating if there were mitigating or aggravating factors worth considering. The Board heavily considered that #2634 had been forthright since the night of the incident, had attempted to clean the mess two hours later, had anonymously emailed the quad, and had several opportunities to make a different decision prior to discharging the extinguisher. The panel had a very hard time with this, but in the end voted 4-1 in favor of revocation of #2634’s on-campus housing for the Spring 2006 semester.

The panel is confident that #2634 learned much from this situation and will subsequently make positive contributions to the university community.
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