Jan
16
If a university policy conflicts with the authority of a state law, which is supreme, University or State?
By ProfessorThe Pennsylvania State University weapons policy prohibits the possession, carry or use of stun guns. To the contrary, Pennsylvania State Law does not prohibit the possession, carry or use of a stun gun so long as it is not used unlawfully. Does the state law supersede University policy?
Categories : Law Schools
6 Comments
January 16th, 2010 at 2:25 pm
THE PEOPLE
January 16th, 2010 at 2:50 pm
No, Pennsylvania State law does not require you to carry or use a stun gun so the University policy does not contradict the law.
January 16th, 2010 at 3:34 pm
The university has the right to set it’s own policies on their property. The same way you can’t take a weapon into a courtroom or an elementary school, you can’t take a weapon on the university property. Just because the state law doesn’t prohibit something doesn’t mean it is completely unrestricted.
January 16th, 2010 at 4:18 pm
Hmmm… not sure how to verbalize this…
They can make that rule as they have the right to make the area of the campus weapon free.
They are not infringing on your right to use a stun gun as the state law allows you to option of using it …its not a requirement to use it! there is a subtle difference.
If the state law said for example that you must carry an identity document at all times and the uni policy stated that you didn’t have to, that would be a conflict and the uni policy would be violating state law.
Its like with guns! the law allows you to have one, if you have a license, but there are places that are allowed to prohibit you from taking it into their property.
The significance would be upon violation of that rule. If you violated the rule the uni would never be able to press any kind of state charges! they would only be able to hold and internal hearing. as according to state law no violation has occurred and its not the states duty to up hold the uni regulations.
So if you violated the uni rules they could refuse you entrance to the campus, hold back your results or graduation, impose a fine and that kind of stuff. never a criminal charge!
January 16th, 2010 at 4:34 pm
If a university’s administration attempts to ban weapons on campus, they are within their rights under the current legal system.
Stupid, oppressive, and causing danger to students, faculty, and other employees? Absolutely, yes.
Illegal? No.
.
January 16th, 2010 at 4:43 pm
Not here, since Penn State University is a body politic of the state, and there is presumably an exception in the law written in by the state.
Your example is thus a moot point, since the university you cite is part of state government.