Text of letter from Captain Ed Sarvis to Duke students
Sep 12, 2006 : 6:36 pm ET
August 10, 2005
Dear:
We have recently been informed that you have made a decision to move off campus and take up residence within surrounding neighborhoods of Duke University. We want to welcome you to our community. You will now be a resident of the Uniform Patrol District Two community. Our offices are located at the rear of Northgate Mall. Our desire is to see you and all residents of your home take an active role in the partnership that the Durham Police Department has enjoyed with the residents of District Two. We encourage you to get involved in the community in addition to your involvement at Duke University. We believe that strong community involvement is critical to controlling crime and improving the quality of life in any community. We have many ways for you to get involved in your new community. If you are looking for ways to get plugged in, please visit our sub-station or call our office at 560-4582.
I also wanted to take this opportunity to make you aware of a historical problem that the surrounding neighborhoods of Duke University have had and seek your assistance in making this school year one in which this problem ends. You may or may not be aware that loud parties sponsored by Duke University students have been a recurring issue for years. Some of the permanent residents of Trinity Park, Trinity Heights and Walltown have grown to resent the students due to having to endure the noise, trash and unacceptable behavior of guests at these parties. Students will create unreasonable noise until very late hours. Beer cans and other trash litter the yards of neighbors as well as the host home making the neighborhood look unsightly and reducing property values. Some neighbors have reported students even urinating on their property for their children to witness. We want to end this problem and the negative impression surrounding communities have toward Duke students; starting with you and the residents living with you.
I want to be very clear about what action you can expect from the Durham Police Department should loud parties occur in these communities. If the Durham Police Department is called to a home concerning an out of control party, the actual residents on the premises will be located and, at a minimum, will be criminally charged with violating Durham City Ordinances regarding excessive noise by way of a criminal citation. If the officers responding to the scene feel it is more appropriate, residents may be subject to an actual physical arrest and transported to the Durham County Jail for formal charging. Violation of the Excessive Noise ordinances is a misdemeanor crime, and residents will be held accountable for their actions as well as the actions of their guests.
If underage possession/consumption of alcohol violations are witnessed, our officers will criminally charge each person determined to be in violation. Residents of the home will also face charges for contributing to their delinquency. Please be reminded that for every alcohol violation discovered, is a separate violation on the part of the person(s) responsible for contributing to that delinquency.
Before hosting a large party that cannot be controlled, please consider the long-term problems you face by having a criminal record, regardless of how insignificant you may feel the offense is. A common argument residents make is that they have no control over the actions of their guests or that uninvited guests will appear. As hosting residents, you will be held accountable for what occurs on your property. If you have uninvited guests, you must take the initiative to call 911 and report trespassers. If you have invited guests that get out of control and refuse to leave, again you must take the initiative to call 911 and report a trespasser.
Further action that will be taken will be the notification to the administration of Duke University. Our department meets frequently with Duke University administration and members of the surrounding communities. Duke University has proven a commitment to maintaining good relationships with these communities. I cannot speak for the specific actions of Duke University, but I feel safe in saying that disciplinary action should be expected.
Furthermore, although you are considered adults in the eyes of the law once you turn eighteen years of age, any criminal charge you face is a matter of public record. Our intention is to assure that residents' parents are also made aware of the criminal charges they face. We firmly believe that most residents have parents that assist them in rent and tuition payments. We believe that the persons paying those bills have a right to be informed. Our hope is that they have a greater ability to modify behavior than either the North Carolina courts or Duke University.
We also want you to consider the civil liability you risk should a tragic event occur at a party you are hosting -- such as an alcohol related death or sexual assault. As a police department, we do not object to you and your housemates having parties. We recommend you keep the number of guests manageable, you assure that the noise coming from the party is not heard by neighbors, and that you take the responsibility to make sure everyone is drinking responsibly. The intention of the Durham Police Department is not to harass students, but to hold them accountable for their actions as we would any other resident of our city. As residents of this city, you have a responsibility to act in a way that does not infringe upon the rights of your neighbors. It is our sincere hope that none of these actions will be necessary this year.
We look forward to working with you to make this school year a very successful one. We hope that you will consider our invitation to get involved in our community and help us make Durham an even better place to live. If I can be of any help or answer any questions for you, please don't hesitate to call or visit.
Sincerely,
Captain Ed Sarvis
District Two Commander
http://www.heraldsun.com/durham/4-769164.html
In principle I see nothing wrong with the letter. Noisy and irresponsible neighbors, students or not, can be a major headache. That said, how do the police get the names of people who rent property? Moreover, there seems to be a very broad interpretation of legal responsibility for the actions of others. Is this in line with NC Law?
Maybe he could send the same letter to residents of Durham's numerous crack houses. But the neighbors of the crack houses are also crackheads and don't pay taxes or vote. So I guess there's no crime problem after all. My mistake.