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Tuesday April 10, 2001

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Diversion program gives students arrest alternative

By Jose Ceja

Arizona Daily Wildcat

When Danielle saw police at her door, she knew she was in trouble.

Asking not to be identified, Danielle, a 20-year-old UA student who was involved in an incident with marijuana last fall, was among the 67 students who were referred to the Dean of Students Diversion Program between July and December.

The Dean of Students Diversion Program, which works in cooperation with the Pima County Attorney's Office, offers UA students guilty of minor offenses - such as possession of marijuana or alcohol - a chance to avoid these charges, which would otherwise appear on their permanent record.

Students referred to the program must pay a fee in order to participate and, depending on the offense, may be required to take drug- and alcohol-education classes, participate in community service and provide restitution.

Danielle, who has completed the program, said although the drug-education class she was required to take as a part of the program was "really long," she is glad the option was made available to her.

As a part of the program, Danielle said she also had to complete 10 hours of community service at a non-profit organization of her choice.

"I guess it's good that it (the charge) didn't go on my record," she said. "I think (the program) teaches students more of a lesson."

UAPD spokesperson Sgt. Mike Smith said the Diversion Program provides law enforcement an opportunity to educate students on a crime they might have committed.

"At least the program provides (students) the opportunity to learn," he said.

However, not all students or offenses are eligible for the program.

To qualify, a particular offense must be committed within the jurisdiction of UAPD, be the first committed by the student, and it may not be a traffic violation or any violation involving a victim.

Involvement in the program is voluntary, and students may withdraw at any time, which will lead to the case being sent back to the county courts for prosecution.

Smith said although there are no defined criteria officers use when referring students to the Dean of Students, each incident is treated on a "case-by-case" basis.

Smith admitted there can be some inconsistencies in the way in which students are referred, since each officer may have his own criteria. He added it is not the students' only opportunity to be referred to the program.

Alexis Hernandez, associate dean of students, said students who are not referred to the program by officers can also be referred by county judges or attorneys. Between July and December, only 29 of the 67 students were referred by the police.

Hernandez said the Dean of Students Diversion Program is not only a good option for students but also relieves the legal system of the work involved with processing many small, first-time offenses.

"It gives the legal system an option without the formalities," he said.