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Friday August 25, 2000

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False arrest should have been avoided

By The Wildcat Opinions Board

At the 35,000-person University of Arizona, it can be hard for a student to feel like an individual.

But UA Spanish sophomore Margie Stultz was on her own Tuesday night when she had to bail herself out of jail - after an arrest university officials should never have let happen.

Stultz was taken into custody after being pulled over by a UAPD officer for speeding. A check of her record showed an outstanding - but false - warrant, and the undoubtedly shocked and frustrated Stultz was whisked off to Pima County Jail.

Until her recent run-in with the police, Stultz probably felt pretty secure. She completed the UA Misdemeanor Diversion Program in February after receiving a minor in possession of alcohol charge, with the promise that successful completion of the program would strike the offense from her record. However, a mix-up left Stultz's record stating that she had not completed the university- sanctioned program, leading to the outstanding nationwide warrant for her arrest.

Nobody seems to know when or where the error took place - so it may not be the university's fault. Maybe the letter Veda Hunn, UA associate dean of students and head of the Misdemeanor Diversion Program, sent to the Pima County Justice Courts stating that charges against Stultz should be removed got lost in the mail. Or maybe the letter got buried on a desk somewhere within the local justice system.

But that does not mean the university should ignore Stultz's plight. Officials from the dean's office were the last people to have any concrete knowledge of Stultz's situation when they sent the letter to the county courts. Thus, they are still indirectly responsible for Stultz's wrongful arrest and should be obligated to ensure her name is cleared.

Indeed, Hunn agreed that Stultz was wrongly arrested and the Dean of Students' office is working with the courts to clear up the glitch. "There shouldn't have been a reason for her arrest," Hunn told the Wildcat on Wednesday.

Just determining who dropped the ball is not enough, though. After spending most of her night in jail, Stultz had to personally come up with the $192 bail to free herself. Although she will be reimbursed, the university should do more than just cut her a check. They need to ensure this kind of blunder never happens again.

Stultz said last night she is unsure of her next move and has a lot to think about. She added that she will contact a lawyer to help her decide the next move, but her frustration is still apparent.

"I'm OK now - what can you do," Stultz said.

One has to wonder if Stultz is the only student to fall between the cracks. Hundreds of students are sent through the diversion program annually to erase minor infractions, but now that it has been shown that completing the requirements may not necessarily protect one from future, more serious conflict with law enforcement, all students who have opted for the diversion program should make sure this does not happen to them.

Call the Dean of Students' office, and ask if letters have been sent to the county. Or call the courts to make sure they received them.

Sure, mistakes happen, but they must be corrected and should be prevented. Unfortunately, Margie Stultz was let down by the university system she trusted to clear her of any criminal wrongdoing, but she should be the last student to have that confidence violated.


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