Fake ID, real consequences
Anna Beyerle - Assistant News Editor
February 01, 2010
Just like the character McLovin in the popular film "Superbad," college campuses are known to run rampant with underage students who illegally possess identification that lists an age over 21. These fake IDs let students get into their favorite local bar for happy hour or aid them in buying a case of Natural Light for their weekend festivities.
But what UD students may be unaware of are the consequences of getting caught with a fake ID.
For many students, if they have not heard of anyone getting in trouble because of their fake at a bar or liquor store around campus, they assume it hasn't happened to anyone, according to Debra Monk, director of Community Standards and Civility. So far this school year, 19 students have been reprimanded by the university for being in possession of a fake ID. During the 2008-2009 school year, the count was 38 students.
For these students, the penalties were anything but minor.
According to Ohio State University's "Party Smart" Web site, possessing a fake ID is a first-degree misdemeanor. Its maximum penalties can include up to six months in jail and a $1,000 fine, simply for having a fabricated driver's license or being in ownership of someone else's valid license. If the ID is used to try and purchase alcohol, the person's operator's license may be suspended for up to three years.
In addition to Ohio state laws, students can be reprimanded by UD as well. Fake IDs fall under "misrepresentation" in UD's Standards of Behavior and Code of Conduct. Misrepresentation includes forgery, which is defined as "forging, transferring, altering, wrongfully obtaining or otherwise misusing documents," which include drivers' licenses.
According to Lt. Joe Cairo of Public Safety, when campus police catch a student with a fake ID, their case is turned over to the office of Community Standards and Civility, who then prosecutes the case according to university standards.
"The student may also be cited in criminal court, which happens occasionally," Cairo said. "This is more likely if they are stopped for an alcohol violation, lie about who they are or present a fake ID as themselves [to the police]."
It's not just the underage person that can get in trouble. If a person is caught using a valid driver's license with someone else's name and picture, such as an overage friend or sibling, that individual can also be prosecuted for aiding the underage drinker, according to Monk. To police, it seems that individual is condoning the use of their ID by someone underage.
Repercussions for false identification can be through UD as well as city police.
The university seizes fake IDs in several different situations, according to Monk. Many forgery charges brought on students are accompanied by alcohol or noncompliance violations, where police find a fake ID on an offender or they present the ID as themselves.
If establishments such as Tim's, Milano's, Buffalo Wild Wings and Kroger on Wayne Avenue suspect someone is using a fake, they are required to take it and report it to the police. If police know that the underage offender attends UD, they will give their case to the office of Community Standards and Civility, according to Monk. The majority of these offenses are reported from these bars.
"[We] typically try to take [fake IDs] and turn the person away at the door," Adam, a manager at Buffalo Wild Wings on Brown Street said about the restaurant's fake ID policy. "Periodically, whether it be once a week or once a month, we then take them down to the police."
Milano's has a similar course of action, according to Ryan, a manager at the restaurant. Employees do not let those trying to use fakes into the establishment and will gather all IDs they receive and give them to upper management at the end of the year.
Students who are charged with the crime of forgery by the university must meet with a hearing officer, usually an area coordinator or residence coordinator, to discuss their case. The student has a chance to share their side of the story, and the hearing officer then makes a judgment on whether or not the policy was violated. The issue can then be resolved with the officer, or if the student does not agree with their verdict, they can appeal for the case to be taken to the university hearing board.
According to Monk, almost all students choose to come to a decision about their punishment with their hearing officer. The standard sanction for a first time forgery offense is a warning, an assigned reflection paper and a fine, in addition to any other sanctions the student may have received. The university is also required to report these crimes to Dayton Police, who have implemented forgery laws more strictly in recent years because of the 9/11 attacks.
"The laws have not changed, but the enforcement has," Monk said.
From time to time, students are also caught manufacturing fake IDs on campus, according to Monk. The student will be tried for a felony in criminal court, in addition to their punishment by the university.
For more information on UD's community standards, visit communitystandards.udayton.edu/.