STALKER
Continued from Page 1A
By forming a lego! definition
of stalking as an offense that
does not necessarily Involve
touching, the committee has
tried to make legal action possi
ble for stalking victims.
[acquie Gibson, head of the
stalking committee and director
of the mediation program, said
the stalking committee has been
working on forming a stalking
amendment to the student con
duct code for about seven
months.
Throughout the seven
months, mnnv lawyers have
helped revise the proposed
amendment to prepare it for
submission to the Student Con
duct Committee, Gibson said
The proposed amendment
says the stalker's contact with
his victim must cause "reason
able apprehension of imminent
physical harm" and cause "sub
stantial impairment of the other
person's ability to perform the
activities of daily life.”
On Tuesday the Student Con
duct Committee unanimously
passed a motion to send the
amendment out for public: hear
ing. The public hearing will take
place in 45 to 00 days.
If the conduct committee pass
es the amendment, it will then go
to the Student Senate.
If the amendment passes, it
will he added as Section 21 to
the Student Conduct Code.
Gibson said the final amend
ment USH presented to the con
duct committee Tuesday was
much broader than the stalking
committee originally intended.
Gibson said the clause that
refers to "reasonable apprehen
sion of imminent physical
harm" may make it difficult to
apprehend stalkers who do not
verbally threaten their victims.
Violation of First Amendment
rights is the primary reason for
the broader amendment. Gibson
said.
"Most victims of stalking are
going to wish it was broader
than that We did too, but any
BILL
Continued from Page 1A
• if that person "knowingly or recklessly harasses, alarms or
coerces another person bv engaging in repealed and unwanted
contact with the other person “
Mannix said the bill does not reuuire malicious intent to be
established to determine whether the crime has been commit
ted Some people who stalk others do not intend harm, vet still
cause their victims distress. Mannix said
Malicious intent is difficult to prove in courts. Mannix said.
When stalking has been committed and a law enfon emant
officer has probable cause to believe the victim's personal safe
ty is threatened, the officer may issue a protective order The
order would be valid for seven days
During the seven-day period, a court hearing w ould deter
mine if a permanent order should is* issued or it psychological
evaluation of the perpetrator is n« esaarv
if n psychological evaluation is required and treatment is
found necessary, the court would refer that person to the prop
er mental health agency.
Violation of the temporary protective order would be pun
ishabte bv a maximum of six months in prison and/or a $1,000
fine. Violating a permanent stalking protective order would
result in tip to five years in prison, a $100,000 fine or itoih
thing broader would probably la'
unconstitutional.’' Gibson said
"We're not thrilled with it. but
we think this is what it will take
to got it passed."
Stover said she does feel that
the new code may not be broad
enough to allow the University
to take action against stalkers
like the one who followed her
"I wish the language was
stronger.” Stover said "The
chances of someone being con
victed of this are very slim
On the state level. Rep. Kevin
Mannix. D-Salem, has proposed
a bill that would outlaw stalking
Gibson said the state law
would outlaw misdemeanor and
felony charges for stalking
offenders, and that if the state
makes the stalking hill a law. the
chances are it will he even more
conservative than the one the
University adopts
"I suspect the state will lie
more restrictive." Gibson said.
"The Oregon Constitution has
such clear statements about free
speech that it will be difficult to
pass.”
The attempt to develop a law
against stalking in Oregon is part
of a national trend. Gibson said
Gibson said that when the
stalking committee first began
working on the amendment,
only two states had stalking
laws in effect, but now 20 states
have passed laws
Until a bill is passed or a con
duct code amendment made,
stalking victims should report
all incidents. Stover said.
"Document it anti report it."
*he said "Kvttn if there is noth
ing the University or police can
do, report it because then you
have proof "
OPS Director Carey Drayton
said stalking victims should
report their perpetrator's behav
ior because some stalking can
often lead to punishable offens
es such as intimidation, tele
phone harassment and menacing
Green said victims should go
to OPS if their stalker is not a
University student, or if they
believe the stalker may have vio
lated stale law Otherwise, she
said, victims should report
stalking to the Dean of Students
Office
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