NC Supreme Court Upholds Private College Campus Police Power


The North Carolina Supreme Court recently issued a unanimous decision in State v. Yencer, upholding the constitutionality of Davidson College’s law enforcement authority under the State’s Campus Police Act. In ruling in favor of Davidson’s campus police power, our Supreme Court brought North Carolina law back in step with Establishment Clause decisions of the U.S. Supreme Court as well as appellate decisions in other States which have examined the specific question of campus police authority delegated to religiously affiliated private colleges.

The Yencer case involved a 2006 arrest by a Davidson College police officer of a driver on a road near campus. Immediately following the arrest, the defendant initially pleaded guilty to driving while intoxicated and reckless driving. But she subsequently appealed based upon a theory that the State’s delegation of campus police authority to Davidson was unconstitutional because the College was a religious institution. More specifically, the defendant contended that Davidson College’s affiliation with the Presbyterian Church (USA) made it a religious institution, and therefore, the State’s delegation of law enforcement authority to the College’s campus police force violated the prohibition against excessive entanglement of church and government contained in the Establishment Clause of the First Amendment to the U.S. Constitution.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Poyner Spruill LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.