Ohio Legal Issues Blog

Hold my beer...Miami University makes substantial changes to alcohol policy - Part Two

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Monday, October 15, 2018.

105B Prohibited Use of Fermented Alcohol/Open Container

As part of its updated 2018-2019 Code of Student Conduct ("Code"), Miami University made significant changes to its alcohol policy. The substantial changes to 105(A) were discussed in Part One; if you have not read that post, please go read it now to understand the new broad-sweeping reach of Miami's 105(A) alcohol policy.

Under recent versions of the Code, 105(B) was treated as a lesser-included offense of 105(A)-meaning that if an underage student was found "not responsible" for being intoxicated, that student could still be found "responsible" for violating 105(B)'s prohibition against possessing or consuming alcohol while under the legal age. In some ways, 105(B) is still treated as a lesser-included. However, given the Code's new distinction between possessing or consuming "fermented alcohol" and possessing or consuming "distilled liquor," with the latter being viewed as a more severe offense, underage possession or consumption of liquor is no longer a 105(B) violation. (Please read our detailed breakdown of 105(A)'s changes here.)

Hold my beer...Miami University makes substantial changes to alcohol policy - Part One

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Monday, October 15, 2018.

105A Intoxication and Prohibited Use of Liquor

As part of its updated 2018-2019 Code of Student Conduct ("Code"), Miami University made significant changes to its alcohol policy. The most noteworthy change is the Code's new distinction between "fermented alcoholic beverages" and "distilled liquors."

Under recent versions of the Code all alcoholic beverages were treated the same. But under the 18-19 Code underage consumption or possession of "distilled liquors" is a higher-level offense than consuming or possessing "fermented alcoholic beverages" underage.

We Have Seen It All And Can Help

On behalf of Gus Lazares of Rittgers & Rittgers, Attorneys at Law posted in Criminal Defense on Wednesday, October 10, 2018.

It's Sunday morning. You just woke up to a piercing headache, a mysterious stain on your favorite shirt, and wait, what's that paper in your pocket? You pull out a crumpled up rectangular sheet of blue paper. The words "ordered to appear" and "prohibited acts" jump off the paper. Your heart begins to race as it all comes rushing back to you. Take a deep breath. We have seen it all and we can help.

Don't believe us? Check out some statements made by past clients:

SUI: Scootering While Intoxicated?

On behalf of Charlie M. Rittgers of Rittgers & Rittgers, Attorneys at Law posted in OVI Defense on Tuesday, October 9, 2018.

Earlier this year the City of Cincinnati was inundated with Bird scooters. The pilot started in Over-the-Rhine, The Banks, and Downtown. Recently the scooters have been seen in Oakley, Mt. Lookout, and surrounding areas of Cincinnati. Another company, Lime-S, also introduced similar scooters downtown.

Urban Meyer & Title IX Part 2: The Finding

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Tuesday, September 18, 2018.

The Urban Meyer saga seems to have reached its end with the coach returning to the team this week. It's time to look back on our initial analysis of the situation and compare it to that of The Ohio State Investigative Board's published findings.

Can I Vote in Ohio if I Have Been Convicted of a Felony?

On behalf of Charlie M. Rittgers of Rittgers & Rittgers, Attorneys at Law posted in Criminal Defense on Tuesday, September 18, 2018.

In most instances, the answer in Ohio is yes. The common misconception is that if someone has been convicted of a felony then they are not eligible to vote. Ohio, however, is one of a handful of states that allow convicted felons to vote. The only time a convicted felon is not eligible to vote is if they are currently incarcerated as part of their sentence. Upon release, though, the defendant can re-register to vote. One exception, however, is for defendants convicted of a felony related to election fraud-in those instances the defendant is permanently ineligible to vote.

Back to School

On behalf of Ryan McGraw of Rittgers & Rittgers, Attorneys at Law on Monday, August 27, 2018.

Heading back to school is an adjustment period for families, especially families going through a divorce. Here are some tips to help with the transition:

1. Keep a Schedule

Change in "Consent" Policy

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Monday, August 13, 2018.

As August turns into September students from across the nation will return to Miami University to begin a new academic year. One of the changes awaiting students when they return to campus are some changes in the Student Code of Conduct.

The Office of Community Standards (formerly known as OESCR) has released the Code of Conduct that will govern student behavior in the 2018-2019 academic year. In the 19-19 version is a change to the Code's definition of "consent" during sexual acts.

Another Topic for "The Sex Talk"

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Wednesday, August 8, 2018.

The Cincinnati Enquirer recently published a well-sourced piece on campus sexual assaults (often referred to as Title IX cases) titled "The Sex Talk: The conversation that is not happening about campus sexual assault." As a Title IX Lawyer, I appreciate the attention that the authors of the Enquirer article and its participants brought to the many issues surrounding Title IX cases. One area that could have used more attention in the Enquirer piece, however, is how to handle cases where both parties are equally intoxicated, and where neither party alleges that the other party used force, threat of force, or purposeful incapacitation (i.e. attempt to drug/over-intoxicate the other party). Some might call this the *consensual* "drunken hookup." Solving the puzzle regarding the *consensual* drunken hookup is at the heart of creating a fair and constitutional Title IX process.

Urban Meyer & Title IX Part 1: The Duty to Report

On behalf of Neal D Schuett of Rittgers & Rittgers, Attorneys at Law posted in Miami University on Thursday, August 2, 2018.

The college football world was rocked yesterday with the report that Ohio State Football Coach Urban Meyer has been put on paid leave pending an investigation into alleged domestic violence by one of his (now former) assistant coaches. Mr. Meyer is not alleged to have committed domestic violence, so you may be wondering how this story may implicate him. The answer lies in the school's Title IX Policy, and in particular the Title IX language in Mr. Meyer's new contract that he signed in April 2018.