The New Hampshire Civil Liberties Union, the Hanover Police Department and the College have come to a tentative agreement over the "internal possession" controversy that will give the College a greater role in dealing with undergraduate inebriates.
Attorney Steve Borofsky, who represented the NHCLU in the negotiations, called the solution an "overhaul of the HPD protocol." He described the changes as a combination of procedural modifications and increased College involvement.
Borofsky said under the agreement, Hanover Police would stop forcing students to take breathalyzer tests and would inform students of their rights to refuse a breathalyzer test.
In addition, Borofsky said police would place nonviolent suspects into protective custody rather than arresting them and would inform the College of their offense.
Hanover Police Sergeant Chris O'Connor confirmed that an agreement had been reached, but declined to comment on the details.
"After a number of meetings there was an agreement" on an alcohol policy, O'Connor said. "At this time, those agreements are being worked into the policy of the Hanover Police Department ... but a final policy has not been issued."
O'Connor said Hanover Police Chief Nick Giaconne and the town attorney still need to approve a final, written agreement, which would also need to be shown to Town Manager Cliff Vermilya.
The NHCLU was protesting Hanover Police's seven-year policy of using "internal possession" to press charges against underage drinkers by considering results from breathalyzer tests as evidence of prior possession of alcohol.
Although possession of alcohol by a minor is illegal in New Hampshire, it is not illegal for a minor to be found with alcohol in his or her bloodstream.
Borofsky said "improper" arrests will stop, but said Hanover Police will still have a major role in enforcement.
"You can't require the police not to exercise their authority," Borofsky said.
Borofsky said the agreement concludes the NHCLU's direct involvement in the "internal possession" dispute. But Borofsky said the group is still interested in involvement in any forums or other events on the alcohol issue.
Borofsky also expressed satisfaction at the positive reaction of all parties involved in the negotiations and expressed his hope that the protocol decided on would spread to other colleges and universities.
Senior Associate Dean of the College Daniel Nelson said representatives from the College did participate in the negotiations between the town and the NHCLU.
He said the College is "pleased that the town and [NHCLU] were able to come to a workable understanding."
