Religious Ties Prompt Court to Strip N.C. College of Police Powers

Published: August 19, 2010

DAVIDSON, N.C.—A North Carolina Court of Appeals ruled that Davidson College’s police department does not have any legal police powers. The ruling was based on the college’s religious connection and prior cases.

The unanimous decision is the result of an incident that occurred four years ago when campus police arrested a woman, who was not a student, off campus and charged her with a DWI, according to WSOCTV.com. The woman pleaded guilty; however, she later appealed, claiming that the police department is unconstitutional because the Presbyterian college has religious ties. The ruling means that the school cannot perform any arrests or searches and seizures.

The college will not be able to automatically appeal to the North Carolina Supreme Court because of the unanimous ruling. However, should Davidson College seek an appeal, the Supreme Court will likely clarify whether a higher education institution with a religious affiliation should be allowed to have the appointed authority if it doesn’t try to impose beliefs on students.

Officials at the school are working with the attorney general’s office to determine the institution’s options. The campus police department has not changed the status of its officers and said that it is still following the same procedures it had in place before the ruling. It is unclear which other schools will be affected by the ruling.

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