Friday October 26, 2001

Program intended to be used as an alternative to arrest

The university's criminal diversion program gives students who have been arrested a second chance, but may not be an effective way to prevent repeat offenses, UA officials said.

"I couldn't tell you if it is just a slap on the wrist or not," said Veda Hunn, associate dean of students. "No research or scientific study has been done to determine if it is effective,"

The Dean of Students' Diversion Program has operated at the University of Arizona for approximately 15 years and offers students who have been arrested a chance to keep criminal charges off their record. On average, 200-300 students participate in the program each year.

To be eligible for the program, University of Arizona Police Department officers must arrest the student for a misdemeanor and it must be the student's first offense with UAPD. Students are allowed to enroll in the program once and must complete diversion classes, community service and pay a $40 program fee, Hunn said.

Hunn and UAPD Cmdr. Brian Seastone said the program gives students a second chance and allows them to avoid a criminal record. They admitted, however, that some students successfully complete the diversion program but are later arrested for the same or other crimes.

"If you don't do the program, you pay the fine and it is over and done with," Seastone said. "In the diversion program, the crime becomes a teachable moment and comes back to the U of A."

Some students who completed the diversion program are thankful the charges were dropped but said they thought the classes were meaningless.

"Obviously, it didn't teach me anything. I went to those pointless classes hungover and still got drunk every night after that," said a UA senior majoring in Spanish who wished to remain anonymous.

The student was diverted during his freshman year for consuming alcoholic beverages as a minor. The charges were dropped after he completed eight hours of alcohol and drug education classes. The student was arrested later that year for false identification and minor in possession of alcohol.

"The diversion program was meaningless and didn't teach me anything. It's the same as getting the charges dismissed except you have to take a few classes," he said.

Other UA students said they took the program only because they didn't want a criminal record.

"When you are in the class, they treat you like you are a 2-year old. I felt like a number in a system, not like they were really trying to help me," said a UA communication sophomore who also wished to remain anonymous.

The student was diverted for unlawful possession of marijuana but has not been arrested since completing the program.

He added that the program helped him change some of his behaviors because he didn't want to go through the hassle again.

Not all first-time offenders are placed into the diversion program. The arresting officer decides whether the student will be arrested, cited and released or referred to the program.

After the student is referred, the associate dean of students chooses to either accept or deny the student's eligibility for the diversion program. If the student is denied, or fails to successfully complete the program, the criminal case is referred to the judicial system.

Alcohol, drug and shoplifting offenders are most commonly seen in the program, Hunn said.

The UA was the first university in the country to institute a diversion program. The program was created in collaboration with the dean of students' office, UAPD, Pima County Superior Court and the Pima County attorney's office, Seastone said.

The arresting officer must have probable cause - the same element used to lawfully make an arrest - to refer a student to the diversion program, he said.