As the school year begins and students attend off-campus parties, local lawyers’ advice is to understand not only the law, but also the value of cooperative behavior in encounters with police officers. Notre Dame Law School graduate Rudy Monterrosa said it is crucial for students to know the law. He practices law in South Bend and has experience defending students charged with alcohol-related offenses. “I do believe that it’s an issue that students do need to be aware of what their rights are and what they can and cannot do,” he said. Underage consumption of alcohol by a person under the age of 21 in Indiana is a Class C misdemeanor and an arrestable offense, said attorney Michael Tuszynski, of Stanley, Tuzynski & Associates in South Bend. Underage students who are stopped by police officers are often issued citations, Tuszynski said, which are also known as proxy arrests. In these cases, the offender is released based on a promise to appear in court when summoned. The decision whether to arrest or issue a citation is at the discretion of an individual police officer in each situation, although cooperation with the police can work to a student’s advantage, Tuszynski said. “A little bit of civility can go a long way,” he said. In the state of Indiana, both the Indiana State Excise Police and city police can respond to situations involving alcohol. According to the state of Indiana’s website, the Excise Police are the law enforcement division of the state’s Alcohol and Tobacco Commission. “South Bend Police, they’re in charge of enforcing the laws here in the city of South Bend,” Monterrosa said. “Excise police specifically target certain types of violations.” City police typically would respond to a dispatch call such as a noise complaint about a party, Monterrosa said. They can issue citations, make arrests and also call in a unit of Excise Police. When either South Bend or Excise Police arrive at the site of a party, Tuszynski said a warrant is typically required to enter a home. “The home is sacred under the Fourth Amendment as well as Article 1, Section 11 of the Indiana Constitution,” he said. If a police officer knocks at a door, asks to enter and is granted permission, Tuszynski said the requirement for a warrant is waived. There are also exigent circumstances, which he said allow officers to enter a property without this permission. One such example would be a situation in which a person fled police by entering a home. “It’s extremely fact specific,” Tuszynski said. Monterrosa said if police knock on a door and see what appears to be criminal activity, such as very young people drinking alcohol, they have the right to investigate the situation. Once inside a residence, police officers may ask students for their identification and request they take a breathalyzer test, Monterrosa said. Students may refuse this test, but it is more likely they will be arrested if they do so. Without a breathalyzer result, there is no evidence the student was drinking. This lack of evidence makes it extremely difficult to charge the student with a misdemeanor, but they will likely be booked into jail. “And that’s the catch-22 that you’re in,” Monterrosa said. “Between a rock and a hard place.” If students take the breathalyzer test, Monterrosa said it is still a police officer’s discretion whether to arrest or issue a citation. “I would tell you that typically I don’t see too many people getting arrested for minor consuming,” he said. Tuszynski said students who are arrested must both post a bond and test below a certain blood alcohol level before they are released. Students who are on public property, such as a sidewalk, Monterrosa said, may be approached by police officers. In these cases, reasonable suspicion of underage consumption of alcohol is required for a breathalyzer test. “They call it a walk and talk,” he said. “In talking to them if they get any other information of a crime being committed then they can follow through with that. So an officer can go up to you and talk to you, but I’d say that they need to have at least reasonable suspicion that some criminal activity is going on.” Once students have either been released from jail or issued citations, they will receive a court summons in the mail, which makes it crucial that students provide police officers with correct and current addresses, Monterrosa said. Tuszynski said prosecutors will file formal charges, and cases are then resolved in one of three different ways: trial, plea or dismissal. There is also the opportunity for a pre-trial diversion program, which would involve a fine, community service hours and potentially other conditions. There is no criminal conviction associated with this program. Monterrosa said the pre-trial diversion program is a preferable option for students because the case never goes to court. They can qualify for it if they have no past convictions. “By no means should they ever proceed with a criminal case,” he said. “Especially if you’re at Notre Dame or you’re at Saint Mary’s, you’ve already worked that hard to get to that point. “But I think that it’s very best to have misdemeanor conviction avoided at all costs.” If the pre-trial diversion program is completed, Tuszynski said it is important to understand the charges are never erased from a person’s record. When graduate schools or employers ask students if they have been charged with a crime, students must answer yes. These charges would also surface if a background check is run on a student who had completed a pre-trial diversion program. Monterrosa said any traces of a charge may be erased through expungement, which can be done with the help of a lawyer, but is not necessary. Graduate schools and employers would only be truly concerned with whether an applicant had been convicted of a crime, he said. Regarding students over the age of 21 who host parties where alcohol may be served to minors, Tuszynski said the same legal process would apply. Posting a sign at a party forbidding drinking under the age of 21 might factor into the situation, but it would not protect the student hosts. “I certainly wouldn’t rely on that,” he said. “When you have a party and you serve alcohol, you really kind of put yourself in peril.” While Monterrosa said it is easier said than done, the only way to avoid encounters with the police is to avoid minor consumption, public intoxication or hosting parties at which underage students are present. Once a student is in a situation with the police, he said it is most important to be cooperative because the final outcome is left to police discretion. “Certain things are going to happen depending on whether you cooperate or not with law enforcement,” he said. According to Monterrosa, students also need to understand that they are a part of the city of South Bend. “I have to say if somebody’s having a party just keep it low key and keep it inside the house, but I guess it’s easier said than done,” he said. “I think people just need to be aware of what the laws are.”
Notre Dame students might wonder why the water from different campus drinking fountains may differ in taste. A drink of water from a drinking fountain in the Rock might taste quite differently than that from a fountain in DeBartolo or a residence hall. Mike McCauslin, assistant director of the Risk Management and Safety Department (RMSD), the entity responsible for monitoring and sampling the University’s water supply, offered several explanations for the disparity in the taste of water from various drinking fountains. “The taste of drinking fountain water depends on a variety of components,” McCauslin said. “Taste depends on the location of the well, the age of the pipe and the amount of time the water sits in the pipe.” There are six wells serving the water system, all of which are located on the campus proper. The water is drawn from deep aquifers surrounded by substantial clay barriers that serve to protect the groundwater supply, according to the RMSD’s 2009 Annual Drinking Water Quality Report. “The wells are high in minerals and, depending on the well, the iron and manganese levels can fluctuate,” McCauslin said. “When water sits in a pipe for an extended period of time, these minerals can precipitate out and cause this different taste.” The change is taste may not please students, but McCauslin said it isn’t harmful. “While these minerals might create an objectionable aesthetic in the water, they present no health concern and have no effect on the water quality,” McCauslin said. RMSD carries out routine monitoring and sampling of water on campus for harmful contaminants and, together with Notre Dame’s Department of Facility Operations, has added filters on several drinking fountains — all done just for aesthetic reasons. According to Paul Kempf, director of utilities for the Office of Business Operations, his office works closely with RMSD to ensure the safety of campus drinking water. “We don’t treat our water like most municipalities, which simply add chlorine,” Kempf said. “A lot of the research done on campus needs water without chlorine and we ensure quality by testing rather than adding chlorine.” Water taste varies from individual to individual, particularly those with sensitive taste buds. According to McCauslin, there is a step that students can take to improve the taste of water from the drinking fountains. “Taste often depends on the frequency of use: the more you use the fountain, the better the water will taste,” McCauslin said. “Let the water run for 15 to 20 seconds and this should improve the taste.” Sophomore Ryan Lynch has his preferences on where he gets his drinking water. “I am not a big fan of some of the water fountains on campus and usually stock up on water bottles, but the ones in the dorms are alright and taste good,” Lynch said. Others are not so willing to spend their money on bottled water. “I try not to buy bottles of water so if the taste of the water from some fountains bothers me, I just get it from the dining hall,” senior Shannon Coyne said.
Steph Wulz This weekend, students, faculty and local community members will fill the Compton Family Ice Arena to fight cancer in the 10th annual Relay for Life.Andrea Romeros, a junior accounting major, and Erika Wallace, a senior Spanish and pre-professional psychology major, are the student co-chairs for this year’s event, which begins Friday at 6 p.m. and ends Saturday morning.“Relay for Life is a fundraiser for the American Cancer Society to celebrate those who are bravely fighting against cancer, remember those who we have lost and to fight back to end this disease,” Romeros said. “We have a lot of events planned for people of all ages this weekend.“There will be children’s games throughout the evening, performances by the Glee Club, Harmonia and Alligator Blackbird, and other fun activities such as a penalty box photo-booth and a mobile auction.”Romeros said 83 teams are currently registered for the event, which she hopes will raise $200,000 for Relay for Life.“The money goes toward support for caregivers and survivors and toward cancer research,” Romeros said. “Actually, Notre Dame has received 11 American Cancer Society grants totaling over $3 million for cancer research.”According to a University press release, Notre Dame Relay has raised more than $1 million for the American Cancer Society in the last 10 years.Each year, Notre Dame Relay selects two honorary chairs of the event from the Notre Dame community. The 2014 chairs are sophomores Patrick and Shannon Deasey, two of a set of triplets from Edina, Minn., the press release stated.“Both were born with a rare form of cancer, retinoblastoma, and were successfully treated as infants,” the release stated. “At 18, Patrick underwent treatment for a second time, to fight an osteosarcoma of the sinus.“Today, Patrick, Shannon and their brother Michael, also a student at Notre Dame, are cancer-free.”Romeros said a luminary ceremony is planned for Friday at 9:30 p.m. to celebrate the co-chairs.“This event is powerful because we take the time to recognize our two honorary survivor co-chairs, Shannon and Patrick Deasey, and we pledge to do our part to fight against cancer by walking around the ice rink throughout the evening, showing our solidarity with both the survivors and caregivers who have been affected by cancer,” Romeros said.Romeros, who first became involved with Relay for Life in high school, said working with the organization at Notre Dame is very rewarding.“[I’m] passionate about Relay for Life because cancer is a disease that, unfortunately, every person has a connection to, and we just want to do our part to join the fight,” she said.Activities will be held throughout the night at the Compton Family Ice Arena, the release said. Ice-skating, a photo booth, a broomball tournament, balloon twisters and face-painters are open to the public.In addition, public fundraisers, such as cupcake sales, T-shirt sales and auctions, have been held across campus this week in preparation for the relay, the release said.Friday, Notre Dame Relay will hold a mobile auction offering items such as framed prints, Blackhawks tickets and restaurant packages.A full event schedule can be found at relay.nd.edu.Tags: American Cancer Society, Relay for Life
Thursday, the Siegfried Ramblers will brave the South Bend cold in only t-shirts, shorts and flip-flops in solidarity with the homeless as they celebrate “Day of Man.”Photo courtesy of Thomas Ridella This annual fundraiser raises money for the South Bend Center for the Homeless, Day of Man co-commissioner Thomas Ridella said. Residents collect money from students, staff and faculty on the day itself but also encourage donations from family and friends who wish to support the cause as well, Ridella said.“In previous years we have raised between $6,000 to $8,000, and last year we hit a record $10,000. We are aiming for $12,000 this year, and we’re hoping the addition of an online donation page will help with our efforts,” co-commissioner Alexander Campbell said. “The Center’s need grows each year, and we are hoping our support can grow to meet that demand.”The fundraiser began nine years ago, Ridella said.“A sophomore in Siegfried was walking home from off campus with only shorts and a t-shirt and actually noticed just how cold it can get in South Bend,” he said. “This realization turned into an event that year to help one of the greatest organizations in our community that helps the homeless all year, and particularly in these cold winter months.”Generally, more than 200 of the Siegfried residents participate, Campbell said.“We take pride in the strength of our community and the willingness of our residents to bear a burden so that others’ may be lessened,” he said. “Siegfried gets stereotyped as an athletic, masculine dorm. On Day of Man, we live up to that ideal.”The event also proves why Siegfried is called the “Hall of Champions,” junior James Bowyer said.“[A] champion … means ‘a person who fights or argues for a cause or on behalf of someone else.’ Siegfried’s Day of Man is a chance for us all to be champions in another, much more important, sense,” Bowyer said. “We, the entire campus, get the opportunity to come together as a family and be champions for a cause that desperately needs help.“… What I am trying to say is that I participate because, at the end of the day, I know that whatever sickness I get will fade (along with the numbness that comes from walking to [DeBartolo Hall]), but the people who are struggling with homelessness don’t know when or if they will be able to bounce back and that is not fair.”Day of Man allows the participants to give back to the community while also raising awareness of the difficulties the homeless face every day, junior Brian Davis said.“It helps put a little bit into perspective what the homeless have to deal with every, and if, in the process, we are able to raise a lot of money for them … Well, then, that’s just something special that gets everyone interested,” Davis said.Sophomore Eric Salter said the camaraderie of Day of Man makes it an experience not to be missed.“I would not mistake walking to class in freezing temperatures in summer wear as enjoyable, but, when doing so with 200 of your best friends and neighbors, it becomes an act of unity,” Salter said. “Close sense of community is one the greatest aspects of Notre Dame life, and this event is a quintessential example of it.”The annual event provides a way to bond with fellow Ramblers as well as helping a great cause, junior Jack Szigety said.“Every time you walk by another Rambler in a bright t-shirt and shorts, you can’t help but feel a bond, even if you’ve never spoken,” Szigety said. “The real beauty of the day is that it does all this while supporting the incredible cause of helping the homeless during the harsh winter months in South Bend.”Temperatures are predicted to be below freezing on Thursday, with a chance of snow, but when asked how the event’s participants will deal with the cold, the organizers simply said, “What cold?”To donate to Day of Man, go to studentshop.nd.edu, select “Residence Halls” and select “Siegfried Hall.” Checks payable to South Bend Center for the Homeless, with “Day of Man” as the memo, can be delivered to Fr. John Conley in 100 Siegfried Hall or directly to the center: Center for the Homeless, 813 S. Michigan St., South Bend, IN 46601.Tags: Center for the Homeless, Day of Man, Siegfried Ramblers, South Bend Center for the Homeless
The Medieval Institute at Notre Dame will celebrate medieval culture and the work of author J.R.R. Tolkien with a special screening of the “Lord of the Rings” trilogy, co-sponsored by the Meg and John P. Brogan Endowment for Classic Cinema.The festival begins Thursday with an introduction to the films by graduate student Maj-Britt Frenze at 7 p.m., followed by a showing of the trilogy’s first movie, “The Fellowship of the Ring.” The screening will continue Friday with its second film, “The Two Towers,” at 7 p.m. The final installment of the trilogy, “The Return of the King,” will be shown Sunday at 3:30 p.m. All screenings will take place in the Browning Cinema located in the DeBartolo Performing Arts Center (DPAC).Frenze, a forth-year student in the Ph.D. program for Medieval Studies, said the film festival grew out of an effort to promote the Medieval Institute’s “Lord of the Rings” undergraduate reading group. The reading group, Frenze said, seeks to educate students about Tolkien’s work and analyze his use of medieval culture in his writing.Linda Major, director of undergraduate studies at the Medieval Institute, said Tolkien’s work was heavily influenced by medieval customs and lore.“Tolkien was a medievalist,” Major said.In the past, Major said the Medieval Institute has sponsored screenings of a number of other films influenced by the medieval period, such as the “Monty Python” movies, “Robin Hood” and “The Sword and the Stone.”Such films allow people to access medieval culture through modern day cinema, Major said.Through the “Lord of the Rings” trilogy in particular, Major said, the Medieval Institute aims to use modern cinema to introduce students to Tolkien’s writing, which blends medieval culture and fantasy.“We’re exposing the medieval roots of Tolkien’s Middle Earth,” Frenze said.A professor of Medieval English at Oxford, Tolkien’s acute knowledge of medieval history lent itself to a number of the literary elements in the “Lord of the Rings,” Frenze said.“Tolkien took many themes from [medieval] texts, such as dragons, riddles and many of the names of his characters,” Frenze said.Frenze said Tolkien’s work has had a lasting influence on fantasy writing and cinema. The genre owes a majority of its success to Tolkien and other prominent authors such as C.S. Lewis and Charles Williams, she added.“Tolkien was pivotal in making fantasy as popular as it is,” Frenze said.The Medieval Institute hopes the festival will help spread appreciation of Tolkien’s enduring impact upon the genre, Frenze said.The Medieval Institute is offering two free tickets per individual for each film. Students may reserve tickets through the organization’s website and collect their tickets at the DPAC box office. Reservations must be made by Wednesday. Additional tickets may be purchased through the DPAC box office.Tags: Browning Cinema, J.R.R. Tolkien, lord of the rings, Medieval Institute
In light of the COVID-19 pandemic, the McGrath Institute for Church Life is launching virtual programming this fall to adapt to health and safety restrictions. One such series is “A Season with the Saints,” a digital take on the traditional “Saturdays with the Saints” lectures.The online edition of the perennial lecture series will offer participants the same opportunity to get to know six holy women and men venerated by the Catholic Church, but this year, the program will be a self-paced set of digital lectures. “A Season with the Saints” is free for all and accessible nationwide until Dec. 20.The modified programming is one of a number of digital offerings that the McGrath Institute has created in response to restrictions on in-person programming due to the pandemic.Program director of communications Amy North said that, despite the cancellation of in-person events, the McGrath Institute’s virtual courses have reached a broad audience among schools and parishes across the country. “A Season with the Saints” is anticipated to have a similar impact.The program is suitable for a range of audiences, from parish groups to Catholic schools. North said the digital format offers flexibility for ministers to adapt to their particular needs.“We wanted to release this entire series all at once, so that these folks could schedule their own gatherings to meet virtually to discuss the saints,” North said. “One of the main hopes is that we would reach those working as administrators, who would be able to then use this as a tool for their gatherings.”“A Season with the Saints” is part of a new initiative, the Sullivan Family Saints Initiative, at the McGrath Institute. Leonard DeLorenzo, director of undergraduate studies for the McGrath Institute, said the initiative is geared toward fostering both scholarship and devotion around the lives of the saints, in the campus community and in dioceses nationwide.“As part of our devotion and growth and love of the saints, this [initiative] can nourish the Catholic imagination and hopefully renew the church,” DeLorenzo said.Through the series, participants can learn from Notre Dame faculty and staff about St. Teresa of Calcutta, St. Padre Pio, St. Thérèse of Lisieux, St. John Henry Newman, St. Gertrude the Great and St. Nicholas. DeLorenzo said that all the saints chosen for the 2020 virtual series have feast days between Sept. 5 and Dec. 6, enabling participants to engage with the Catholic Church’s liturgical calendar through the lecture series.“It’s a way for people to not just learn about the saints, but to actually be moved toward prayer with the saints and the Church,” DeLorenzo said. “We wanted to direct people who are interested in learning about the saints towards the prayer with the saints that the liturgical calendar invites.”The McGrath Institute hopes that its online lecture series will, like the traditional in-person lectures, inspire participants through the lives of saints.McGrath Institute director John Cavadini said in an email that learning about the lives of the saints, through programs like “A Season with the Saints,” has the potential to impact people today.“The lives of the saints are a vision of hope,” Cavadini said. “The beautiful thing about the saints is that they are all different, so we find a vision of hope refracted through a myriad diversity of lenses.”Cavadini said that the saints’ responses to darkness in their own times can help people make sense of the current moment.“[In] a period like our own where we find isolation, sickness [and] political maneuvering at the expense of the common good, and narrowness of heart seemingly everywhere … the saints can help us see it through their eyes, to see through to a vision of hope and to have the courage to act on it,” he said.Tags: 2020 football season, COVID-19, mcgrath institute, McGrath Institute for Church Life, saturdays with the saints, Season with the Saints, Sullivan Family Saints Initiative
NEW YORK – U.S. Senator Chuck Schumer is stressing the need to reopen schools safely this fall.Last week, the senator announced his plan to put nearly $180 billion into schools to limit the spread of COVID-19 and level the playing field when it comes to distance learning.While speaking downstate on Sunday, Schumer stressed the need to listen to scientists and come up with a nationwide reopening plan.He says it is vital to keep agencies like the Centers for Disease Control and Prevention to fight COVID-19. “We are going to do everything we can to make sure that the CDC is fully funded in the stimulus package,” said Schumer. “The administration is talking about, the Republican McConnell is talking about cutting it. That would be cutting your nose to spite your face. we need the CDC to help us fight COVID.”The State Education Department recently released guidelines for school districts to reopen. Students must wear masks when they’re within six feet of each other.Their faces also have to be covered when they’re in the hallways, restrooms, and on the bus.The state also wants schools to limit the number of visitors on school grounds. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)
Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window) Pixabay Stock Image. NEW ALBION – Two Cattaraugus County residents are facing charges after Sheriff’s Deputies allege, they neglected horses this month.The Cattaraugus County Sheriff’s Office says Donna Truesdale, 41, and Steven Remington, 41, failed to provide proper food and water for the animals.Deputies say the horses have since been seized from an Otto Road property in the Town of New Albion.The two are charged under the state’s agriculture and markets law with failure to provide sustenance, proper food, water and neglect. They are scheduled to appear in the Town of New Albion court at a later date.
Jonathan Groff Star Files View Comments Does watching Broadway cutie Jonathan Groff looking for sex make you want to actually have gay sex? That’s the big question on the table as Russian officials decide whether or not to let the new HBO series Looking air in their notably homophobic country.According to Queerty, Russian officials are reviewing the new show about gay buds in San Francisco to decide if it “promotes non-traditional sexual relations among minors,” which could make viewing the show illegal under the country’s Administrative Code, the same law that outlaws “gay propaganda.”We’re guessing the very first scene of the pilot episode, which finds Groff’s Patrick getting a handjob in a park from a stranger, does the trick of keeping Looking out of Russia.Although ratings are low for the new show, here’s hoping the info above gets you to turn it on. Looking airs Sundays at 10:30PM on HBO.
We’ve always hoped our four favorite Frozen stars—Idina Menzel, Santino Fontana, Kristen Bell and Josh Gad—spent their weekends hanging out, making snowmen and having epic snowball fights. Turns out, this is almost true! The fabulous foursome headed to the Vibrato Grill Jazz Club in sunny L.A. on February 9 to perform hits from the animated Disney flick and take home their very own gold records for the film’s soundtrack. Thanks to Frozen fans, the album has officially sold more than 500,000 physical copies. Check out this Hot Shot of the stars reunited in a much warmer climate, then pick up the Frozen album (featuring the Grammy-nominated hit “Let It Go,” of course) in stores now! Star Files Disney’s Frozen View Comments Idina Menzel