Floyd Arrested

[ThePiombino]

I think more than enough people understood my slant, what person would infer that image was more important than a life. Would you like to be my editor-as I said before I think YOUR comments are a little over the top here. Now if you want to respond again I must say I am not going to read anymore postings by you on this. It ends here with me. I think everyone knew what I meant.

Proof read and we're not having this conversation.

What exactly is over the top regarding my comments? I think I'm being rather reasonable considering WE DON'T KNOW ANY DETAILS YET.

 

[aubeirish]

I agree. A buddy of mine got a DUI sleeping in his car. I mean he wasn't going to drive anyways. It's -20 Celsius out for crying out loud.

 

[ThePiombino]

Found this on another forum. The university's policy on DWI:

Driving Under the Influence of Alcohol or Drugs
The University prohibits the operation of a motor vehicle while intoxicated or impaired. Any person doing so exhibits wanton disregard for the rights and safety of others. For purposes of this policy, “driving under the influence” is defined as a situation in which the operator of any motorized vehicle is determined by admission, by testing for blood alcohol content or by commonly accepted behavioral observations (e.g., slurred speech, staggering, etc.) to be driving such vehicle after having consumed alcoholic beverages or ingested other drugs or legally controlled substances which may alter, inhibit or impair a person’s condition of thought and action. Also for purposes of this policy, a first offense is a first-time violation of the “driving under the influence” policy. A second offense is a second violation of the “driving under the influence” policy or a first-time violation of this policy with at least one previous violation of the intoxication policy.

I. Violations and Sanctions

a. First offense: If a student is determined to have violated this policy, the Office of Residence Life and Housing will:
1. Place the student on Disciplinary Probation for at least one semester.
2. Require the student to participate in an alcohol assessment at an appropriate assessing agency and undertake alcohol education according to the assessor’s determination.
3. Require the student to forfeit all University vehicle registration and campus driving/parking privileges for at least one semester.
4. Require the student to pay an appropriate monetary fine or perform equivalent community service.

b. Second offense: If a student is determined to have violated this policy and it is a second offense as described above, the Office of Residence Life and Housing will:
1. Separate the student from the University for at least one academic semester.
2. Require the student to participate in an alcohol assessment with an appropriate assessment agency and comply with any and all recommendations of that agency prior to seeking readmission to the University.
3. Require that the student permanently forfeit all University vehicle registration and campus driving/parking privileges.

c. Offenses involving injury or harm to another:
1. When an offense results in serious injury or harm to another, the University reserves the right to take additional action, including the possibility of temporary or permanent dismissal from the University or as outlined in the Emergency Actions section on page 129.

If this is considered a first offense then it looks as though suspension will be up to Kelly, as the school's stance is clear.

 

[Riddickulous]

Found this on another forum. The university's policy on DWI:



If this is considered a first offense then it looks as though suspension will be up to Kelly, as the school's stance is clear.

EDIT: Upon further reading, it sounds like a second offense. Michael is screwed.

 

[Irish Fam]

Well this sucks

 

[ab2cmiller]

Driving Under the Influence of Alcohol or Drugs
The University prohibits the operation of a motor vehicle while intoxicated or impaired. Any person doing so exhibits wanton disregard for the rights and safety of others. For purposes of this policy, “driving under the influence” is defined as a situation in which the operator of any motorized vehicle is determined by admission, by testing for blood alcohol content or by commonly accepted behavioral observations (e.g., slurred speech, staggering, etc.) to be driving such vehicle after having consumed alcoholic beverages or ingested other drugs or legally controlled substances which may alter, inhibit or impair a person’s condition of thought and action. Also for purposes of this policy, a first offense is a first-time violation of the “driving under the influence” policy. A second offense is a second violation of the “driving under the influence” policy or a first-time violation of this policy with at least one previous violation of the intoxication policy.

I. Violations and Sanctions

a. First offense: If a student is determined to have violated this policy, the Office of Residence Life and Housing will:
1. Place the student on Disciplinary Probation for at least one semester.
2. Require the student to participate in an alcohol assessment at an appropriate assessing agency and undertake alcohol education according to the assessor’s determination.
3. Require the student to forfeit all University vehicle registration and campus driving/parking privileges for at least one semester.
4. Require the student to pay an appropriate monetary fine or perform equivalent community service.

b. Second offense: If a student is determined to have violated this policy and it is a second offense as described above, the Office of Residence Life and Housing will:
1. Separate the student from the University for at least one academic semester.
2. Require the student to participate in an alcohol assessment with an appropriate assessment agency and comply with any and all recommendations of that agency prior to seeking readmission to the University.
3. Require that the student permanently forfeit all University vehicle registration and campus driving/parking privileges.

c. Offenses involving injury or harm to another:
1. When an offense results in serious injury or harm to another, the University reserves the right to take additional action, including the possibility of temporary or permanent dismissal from the University or as outlined in the Emergency Actions section on page 129.

If the first underage drinking incident back in Minnesota counts as a violation of the intoxication policy, then this DUI is considered a second offense of the DUI policy which would require dismissal from ND for at least one academic semester.

 

[IrishLax]

I agree. A buddy of mine got a DUI sleeping in his car. I mean he wasn't going to drive anyways. It's -20 Celsius out for crying out loud.

Same thing happened to a guy I know. It was the summer and he got drunk at a day long drinking thing, was tired and it was scorching hot out, turned on the AC of his car and crawled into the backseat to take a nap and sober up. Cops woke him up and gave him a DUI.

 

[ThePiombino]

EDIT: Upon further reading, it sounds like a second offense. Michael is screwed.

If the first underage drinking incident back in Minnesota counts as a violation of the intoxication policy, then this DUI is considered a second offense of the DUI policy which would require dismissal from ND for at least one academic semester.

This is exactly what it seems it will all come down to- whether or not this is deemed a first or second offense. The first offense was not a DWI as he was not in the driver's seat. However, rules can be bent either way and they may very well take the liberty of labeling the underage drinking incident as a first offense. If, however, it is not deemed so, and this is considered the first offense then it seems the school will let him off with a slap on the wrist and some probation. This, in turn, puts the ball in Kelly's court, which is a whole different list of maybes...

 

[IrishLax]

It's going to count as a first offense.

 

[ThePiombino]

It's going to count as a first offense.

That's my assumption as well, going by the letter of the law. That said, what do we think Kelly's response will be regarding punishment?

 

[ab2cmiller]

This is exactly what it seems it will all come down to- whether or not this is deemed a first or second offense. The first offense was not a DWI as he was not in the driver's seat. However, rules can be bent either way and they may very well take the liberty of labeling the underage drinking incident as a first offense. If, however, it is not deemed so, and this is considered the first offense then it seems the school will let him off with a slap on the wrist and some probation. This, in turn, puts the ball in Kelly's court, which is a whole different list of maybes...

Can you post the intoxication policy???

 

[Riddickulous]

This is exactly what it seems it will all come down to- whether or not this is deemed a first or second offense. The first offense was not a DWI as he was not in the driver's seat. However, rules can be bent either way and they may very well take the liberty of labeling the underage drinking incident as a first offense. If, however, it is not deemed so, and this is considered the first offense then it seems the school will let him off with a slap on the wrist and some probation. This, in turn, puts the ball in Kelly's court, which is a whole different list of maybes...

I've been trying to locate ND's intoxication policy as referred to in the quoted section.

The thing I keep seeing again and again is that ND follows Indiana state law. Floyd's biggest hope is that the previous citation, which occurred in Minnesota, is not considered a violation of the intoxication policy.

Whether or not it is a first or second offense depends entirely on whether the university considers Michael's previous citation a violation of the school's intoxication policy.

 

[Sherm Sticky]

This is exactly what it seems it will all come down to- whether or not this is deemed a first or second offense. The first offense was not a DWI as he was not in the driver's seat. However, rules can be bent either way and they may very well take the liberty of labeling the underage drinking incident as a first offense. If, however, it is not deemed so, and this is considered the first offense then it seems the school will let him off with a slap on the wrist and some probation. This, in turn, puts the ball in Kelly's court, which is a whole different list of maybes...

Do these rules only involve campus incidents? If so the offense in Minnesota shouldn't be considered a first offense since he wasn't on campus and school was out.

 

[Irish Fam]

In most cases, a minor in consumption, which I believe he recieved in Minnesota, is removed from your public record after fines, classes, and probation has been served.

That is atleast the case in Michigan and Ohio.

 

[Riddickulous]

Do these rules only involve campus incidents? If so the offense in Minnesota shouldn't be considered a first offense since he wasn't on campus and school was out.

This will be the difference between a first and second offense.

 

[Sherm Sticky]

This will be the difference between a first and second offense.

I hope you are correct

 

[GoldenIsThyFame]

Do these rules only involve campus incidents? If so the offense in Minnesota shouldn't be considered a first offense since he wasn't on campus and school was out.

I was at Purdue for the game in 2005 when I got my underage drinking violation and I had to face res life when I got back to the ND campus. I am afraid this will be his second intoxication violation. Who knows though because his incident was out of state.

 

[ab2cmiller]

Here is the section that contains the intoxication policy which is number 3 below. If Floyd was considered to be intoxicated in the Minnesota incident then the DUI is counted as a second violation of the DUI policy and requires mandatory dismissal for at least one academic semester.

2. All students are responsible for complying with University regulations and Indiana laws regarding possession or consumption of alcohol.


a. Any person under 21 years of age is underage in the State of Indiana. All students are expected to comply with Indiana law at all times. Students may be subject to disciplinary action for underage consumption, possession or transportation of alcoholic beverages.

e. Students are not permitted to provide alcohol to any person who is underage. For purposes of this policy, provide means to sell, lend, give, make available, exchange, barter or furnish in any way.

g. Underage students may not host tailgate gatherings at which alcohol is served or consumed.

3. Intoxication by any student, regardless of age, whether in public or in private, is prohibited. Symptoms of intoxication include slurred speech, impaired motor coordination and balance, loss of good judgment, or nausea. Symptoms of severe intoxication include the inability to walk or stand, loss of consciousness, or vomiting. A student's first incident of intoxication shall be addressed by the Rector if the violation occurs in the student's residence hall and the behavior does not fall within the definition of severe intoxication. At the discretion of the Rector, the student may be referred to the Office of Residence Life and Housing. Second and subsequent incidents of intoxication throughout a student's academic career, as well as any violations that occur outside the student's residence hall, shall be referred to the Office of Residence Life and Housing. Similarly, all instances of severe intoxication shall be referred to the Office of Residence Life and Housing. Repeated incidents of intoxication or a single incident of a serious nature may result in disciplinary suspension or permanent dismissal from the University.

 

[ThePiombino]

This will be the difference between a first and second offense.

This is true. My concern is the university will come down harder than they maybe would have if a bunch of other schools weren't under a microscope at the moment (Oregon, USC, OSU, Auburn, etc) in an attempt to avoid scrutiny.

 

[GoldenIsThyFame]

Here is the section that contains the intoxication policy which is number 3 below. If Floyd was considered to be intoxicated in the Minnesota incident then the DUI is counted as a second violation of the DUI policy and requires mandatory dismissal for at least one academic semester.

It would be his second intoxication violation but not second DUI. the intoxication policy from what you posted does not imply automatic dismissal for at least one semester.

 

[Riddickulous]

I was at Purdue for the game in 2005 when I got my underage drinking violation and I had to face res life when I got back to the ND campus. I am afraid this will be his second intoxication violation. Who knows though because his incident was out of state.

The intoxication policy stresses complying with Indiana state law.

Purdue is in Indiana, so maybe that played a role in your citation.

Hopefully I'm not just grasping at straws here.

 

[ab2cmiller]

It would his second intoxication violation but not second DUI. the intoxication policy from what you posted does not imply automatic dismissal for at Lear one semester.

Go back and read the DUI policy again. It says that a DUI will be considered a second violation even if it is your first DUI if you had a previous violation of the intoxication policy. The key question is wether or not the Minnesota incident was a violation of the intoxication policy or simply a possession issue.

 

[ThePiombino]

Repeated incidents of intoxication or a single incident of a serious nature may result in disciplinary suspension or permanent dismissal from the University.

This isn't very definitive.

 

[military_irish]

Reports are he ran a stop sign, failed three sobriety test and blew a .19

per Brian Hamilton of the Chicago Tribune twitter account

 

[Riddickulous]

Reports are he ran a stop sign, failed three sobriety test and blew a .19

per Brian Hamilton of the Chicago Tribune twitter account

Jesus Christ.

I think that qualifies as a serious violation.

 

[ThePiombino]

Reports are he ran a stop sign, failed three sobriety test and blew a .19

per Brian Hamilton of the Chicago Tribune twitter account

Good God! I hope this is not true. There's no way the university can turn a blind eye to such an indiscretion.

 

[Sherm Sticky]

So what you're saying is ...This worst case scenario could cost him millions of dollars by being basically forced into the supplemental draft.

Does a team dismissal/suspension give him a release from the program? If so I guess he could end up playing for a FCS of D2 school. Obviously, All speculation but I was just thinking about it...

Yea pretty much. I could see a team picking him in the third round of the supplemental draft. I don't know if a suspension gives him a release from the program, he could request a transfer, but i would suspect he would go through the supplemental draft ala Cris carter.

For people who don't know here is a description of the supplemental draft: Supplemental Draft - The NFL's Supplemental Draft Process

 

[Riddickulous]

Good God! I hope this is not true. There's no way the university can turn a blind eye to such an indiscretion.

The tweet specified that it was a "prosecutor's release". It's true.

 

[ThePiombino]

The tweet specified that it was a "prosecutor's release". It's true.

This is just nauseating.

 

[Sherm Sticky]

Reports are he ran a stop sign, failed three sobriety test and blew a .19

per Brian Hamilton of the Chicago Tribune twitter account

Blew a .19 damn!