Updated 9:50 a.m.
The N.C. Supreme Court on Tuesday will hear arguments in a case that seeks to invalidate the powers of Davidson College’s campus police department on the grounds that Davidson is a religious institution.

The case State vs. Yencer is first on the docket Tuesday. The oral arguments are scheduled to begin at 9:30 a.m. at the N.C. Supreme Court in Raleigh.

The case stems from a 2006 incident in which a campus police officer stopped a driver on a road near campus. The driver, Julie Anne Yencer, at first pleaded guilty to driving while intoxicated and reckless driving. But in 2008 her lawyer appealed, arguing that the state of North Carolina improperly granted state authority to the campus police because of Davidson’s affiliation with the Presbyterian Church (USA).

Davidson College is not a party to the case, although any ruling would have a direct effect on the college. Instead, the case is between state of North Carolina, which certifies campus police departments, and Ms. Yencer.

The college did file a friend of the court brief in the case, outlining its arguments and noting that a negative decision “could have a profound effect on Davidson’s campus security,  jeopardize Davidson’s public safety operations, and provoke additional litigation. (See document below.) And although the state Attorney General’s office is handling the case, the AG has given five minutes of oral argument time to the college’s attorney.

In a statement Tuesday morning, the college said:

“The case is very important to Davidson, and we’re grateful the Supreme Court decided to review the case as the Court of Appeals urged. We trust the Supreme Court will take a fresh look at this area of the law and are hopeful that it will uphold the Campus Police Act.”

Last August, a three-judge appeals panel ruled unanimously that the college police cannot enforce state laws because Davidson is a religious school. Citing precedents and the First Amendment to the U.S. Constitution, the court said the N.C. Attorney General’s office improperly certified the department for law enforcement.

The appeals court cited rulings against Campbell University and Pfeiffer University in its decision.

The Attorney General’s Office won a stay of that ruling and appealed to the Supreme Court. Because the ruling is on hold during the appeal, the case has so far not affected the powers of Davidson’s campus police. In August, the college said: “Our Police Department continues to operate to ensure that our campus is safe and secure for our students and for the rest of our community.”

Ms. Yencer’s lawyer, Allen Brotherton of Charlotte, told the Associated Press the case is about improper mixing of church and state. “I’m a Christian, and I love the fact that there are Christian schools, and I wish there were more, but I don’t want Christian schools being infused with the government,” Mr. Brotherton told the AP.

Davidson College has about eight permanent full-time officers, plus temporary officers on call for big events. It has had responsibility for on-campus security since 1978, when the town of Davidson and college stopped sharing a police department, Davidson officials have said.

All of Davidson’s officers are commissioned by the state Attorney General. But the appeals court said the attorney general erred in certifying the campus police, because Davidson is a religious school, at least as defined in previous court rulings.

In its friend of the court brief, Davidson College argues that while it is “voluntarily associated with the Presbyterian Church,” that affiliation “plays no role” in admissions, hiring, or curriculum, and is not a factor when campus police do their jobs. In addition, the college notes, Davidson is “owned” by its board of trustees, not by the Presbyterian Church (USA).

RELATED COVERAGE AND DOCUMENTS

March 15, 2011, Associated Press (via WRAL.com), “Case on college police to reach NC high court”

N.C. Supreme Court calendar for this week listing the case. (PDF)

Davidson College friend of the court brief, outlining the college’s arguments (PDF).

Davidson College web page about the case.

Aug. 26, 2010, “Update: Supreme Court grants stay of campus police ruling”

Aug. 19, 2010, “A.G. to petition for appeal of campus police ruling.”

Aug. 17, 2010, “Appeals court rules against college in police case.”

Download the ruling (PDF) from the court of appeals website, CLICK HERE>