Content warning: This article contains references to rape.
Battery at Emory Clinic B
The Emory Police Department (EPD) received a report of battery at Emory Clinic B at 1365-B Clifton Road NE on Nov. 9 around 11:55 a.m. A nurse at the clinic reported a dispute between herself and a head nurse, which took place an hour earlier.
The dispute began when the head nurse allegedly aggressively approached the complainant and asked if she had a problem with her. The reporting party raised her hand as she was walking away and the nurse in charge pulled the reporting party’s shoulder and pushed her. A physical alteration between the two parties ensued. Both nurses were left with visible injuries afterward, according to EPD Records Manager Ed Shoemaker.
“In Georgia law, battery signifies that there was unwelcomed contact that resulted in visible injury,” Shoemaker said.
He clarified that visible injury constitutes battery, while simple battery does not result in visible injury. Both crimes are considered misdemeanors, but battery can be upgraded to aggravated battery in special circ*mstances, such as offenses against pregnant women and people over 65 years old. Aggravated battery is a felony that carries up to one year in prison or fines.
Both parties expressed interest in pursuing criminal prosecution when talking with EPD, but they have not yet filed suit as of Nov. 11. This is an active case and has been assigned to an investigator.
Possession of controlled substances at Emory University Hospital
The possession of controlled substances was reported at Emory University Hospital at 3:30 p.m. on Nov. 9. The same officer who handled the battery case was called to the emergency room after a patient had forcibly tried entering the facility. The officer detained the patient and found a “small clear baggie containing a crystal-like substance which was suspected of being crystal meth,” according to Shoemaker. EPD did not conduct a drug test at the scene of the crime, so the baggie’s contents are still uncertain.
The patient in question is homeless and the EPD report does not indicate how or why the party was admitted to the hospital, which could have bearing on this case, Shoemaker said.
EPD is waiting to take further action on the case until the patient is discharged from the hospital. Shoemaker clarified that EPD waiting is a practical choice and not a legal protection.
“We don't want to be moving them around if they are not well enough to move,” Shoemaker said.
Burglary (first degree, forcible entry) at Clairmont Campus
EPD was called on Nov. 9 to respond to a burglary that occurred two days prior at Clairmont Residential Center Building C. The reporting party said she left her wallet in a bag in her living room, but when she woke up the next morning, the wallet was not in the bag. The other contents of the bag had also been removed and scattered around the floor. She reported that between $60 and $100 was stolen.
The reporting party’s roommate told EPD that she noticed the gate to the building was propped open by a rock earlier that evening. The roommate later heard sounds but did not investigate. EPD does not currently know how the burglar entered the building or suite.
The burglary contains elements of criminal trespass and theft by taking, but has been classified as burglary because crimes are charged at the highest level supported by the evidence. Additionally, this crime is currently classified as first degree because it occurred in a residence, as well as forcible entry because no damage was noted on the doors or windows, so the burglar likely used a key. The classification of the crime may change if EPD discovers more information about the nature of the entry, Shoemaker said.
Burglary is a felony, carrying a sentencing of one to 20 years in prison. Its lesser included offenses, theft by taking and criminal trespass, are both misdemeanors. A defense attorney could try to negotiate a plea bargain in which the burglary charge is dropped and replaced by its two composite misdemeanors.
Rape associated with dating violence at Clairmont Campus
A rape was anonymously reported to EPD on Nov. 3. The rape took place in the early hours of Oct. 30 at Clairmont. This crime is classified as a rape associated with dating violence because a male undergraduate student raped a female undergraduate student while they were dating. No other details are known.
EPD cannot pursue the case further unless the survivor discloses their identity, Shoemaker said.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act mandates that information about certain crimes on college campuses is publicly disclosed, including the relationship involved in a rape case. However, rape and rape associated with dating violence hold no difference in sentencing.
Possession of marijuana at 17 Eagle Row
On Oct. 28 at 10 p.m., a campus life professional contacted EPD to respond to marijuana possession at the Kappa Sigma fraternity house. The campus life professional was initially contacted by the fraternity’s community advisor (CA).
The CA was conducting routine inspections of the rooms, which is authorized by the University’s residential housing agreement. While conducting these inspections, the CA heard loud music and smelled a marijuana odor coming from one of the rooms. The resident let the CA into the room, where the CA found a bong with marijuana in it. When EPD arrived at the scene of the crime, the resident did not give them permission to enter the room. The case has since been referred to campus conduct officials.
“Possession of less than an ounce of marijuana is a misdemeanor while possession of more than an ounce is a felony,” Shoemaker said. “This is different from possession of a controlled substance, which is a felony regardless of quantity.”
EPD cannot currently disclose how much marijuana was present in this case.
Marijuana legalization is possible in Georgia via the mechanics of the criminal code instead of legislation. Possession of less than an ounce of marijuana is a misdemeanor, currently punishable by a fine or prison time of up to a year, left to the discretion of a judge. Since this crime is only a misdemeanor, the governor can sign an executive order to reform the code to only give judges the option to fine the defendant. Some municipalities in Atlanta have already done this, but Georgia has yet to pursue such reform at the state level.
If you have experienced sexual assault at Emory University, Title IX resources can be found here and Office of Respect resources can be found here.
If you have experienced sexual assault and are outside of Emory, call the RAINN National Sexual Assault Hotline at 800-656-4673 or visit the online chat hotline here. The Georgia Network to End Sexual Assault (GNESA) can be found here. Grady Rape Crisis Center resources can be found here. Day League resources can be found here.
