Because of the rising incidence of library theft and mutilation of
library materials, libraries are suffering serious losses of books
and other library property. “Typically, libraries lose between
5 and 10 % of their collection annually to theft and mutilation.”
The library's legal rights
The following behaviors constitute violations of University policy
and may be subject to federal, state, and local laws:
- Removing, or attempting to remove, library materials without
following proper check out procedure, or without official library
authorization.
- Mutilating library materials by marking, underlining, removing
pages or portions of pages, cutting pages, removing binding, removing
electronic theft devices, or in any other way damaging or defacing
library materials.
- Accessing or altering any computer system, network computer
program, or data without prior authorization from a Library or
Systems official.
- Damaging or destroying any computer system, network computer
program, or data.
- Being in unauthorized areas of the Library, remaining in the
Library after closing, or when requested to leave during emergency
situations or drills.
- Causing a disturbance or engaging in any behavior that interferes
with Library activities or operations. Proscribed behavior includes,
but is not limited to, verbal abuse, threats of violence, sexual
harassment, and lewdness in act or word.
Any person who commits or attempts to commit any of the offenses listed above,
or any other behaviors illegal under the laws of the state or federal government,
is subject to sanctions, including:
- Being asked to leave Library premises
- Being reported to police or security authorities
- Legal prosecution
- Suspension from the University
- Being reported to the Student Judiciary
Definition of terms
“ Book or other library property” means any book, plate,
picture, photograph, print, painting, drawing, map, newspaper, magazine,
pamphlet, broadside, manuscript, document, letter, public record,
microform, sound recording, audiovisual material in any format, magnetic
or other tape, catalog card or catalog record, electronic data processing
record, artifact, or other documentary, written, or printed materials,
or equipment, regardless of physical form or characteristics, belonging
to, on loan to, or otherwise in the custody of a library.
Any person so stopped by an employee of the library shall promptly
identify himself or herself by name and address. Once placed under
detention, such person shall not be required to provide any other
information nor shall any written and/or signed statement be elicited
from such person until a peace officer has taken such person into
custody. The said employee may, however, examine said property which
the employee has reasonable grounds to believe was unlawfully taken
or defaced/destroyed as set forth in Sections I and II. Should the
person detained refuse to surrender the item for examination, a limited
and reasonable search may be conducted. Only packages, shopping bags,
handbags, or other property in the immediate possession of the person
detained, but not including any clothing worn by the person, may be
searched.
Any person, who willfully, maliciously, or wantonly writes upon, injures,
defaces, tears, cuts, mutilates, or destroys any book or other library
property belonging to, on loan to, or otherwise in the custody of
a library shall be guilty of a crime. No student shall take, possess,
damage, or deface (with graffiti, graffiti instruments, or otherwise)
any property not his or her own on the University campus or on any
University property. This includes, but is not limited to, University
furniture, computer equipment, access control systems, or facilities.
Any costs to repair, replace, or restore University property to its
original condition may be assessed to individuals and/or groups responsible
for damaging or defacing such property
The willful concealment of a book or other library property upon the
person or among the belongings of the person or concealed upon the
person or among the belongings of another while still on the premises
of a library shall be prima facie evidence of intent to commit larceny
thereof. The willful removal of a book or other library property in
contravention of library regulations shall be prima facie evidence
of intent to commit larceny thereof.
In detaining a person who the employee of the library has reasonable
grounds to believe committed, was committing, or was attempting to
commit any of the crimes set forth in Section I, the said employee
may use a reasonable amount of non-deadly force when and only when
such force is necessary to protect the employee or to prevent the
escape of the person being detained or the loss of the library's property.
An employee of the library who stops, detains, and/or causes the arrest
of any person pursuant to Sections I and II shall not be held civilly
liable for false arrest, false imprisonment, unlawful detention, assault,
battery, defamation of character, malicious prosecution, or invasion
of civil rights of the person stopped, detained, and/or arrested,
provided that in stopping, detaining, or causing the arrest of the
person, the employee had at the time of the stopping, detention, or
arrest reasonable grounds to believe that the person had committed,
was committing, or was attempting to commit any of the crimes set
forth in Sections I and II.
The fair market value of property affected by crimes set forth above
determines the class of offense: value under $500 indicates a misdemeanor;
$500 to $5,000 a Class I felony; above $5,000, a Class II felony.
The aggregate value of all property referred to in a single indictment
shall constitute the value thereof.
A copy or abstract of this act shall be posted and prominently displayed in all
libraries.
http://ws.cc.stonybrook.edu/stuaff/judiciary/ |
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