The MSU Board of Trustees passed an ordinance last week clarifying President Lou Anna K. Simon's power to declare a campuswide emergency, but it doesn't define what is considered an emergency or what exact powers the president is given.
The ordinance is more of a show of power than a real change in university policy, said Kristine Zayko, MSU's associate general counsel.
"When a president declares a campus emergency, the president is then given power to use whatever means necessary to protect the interests of this university," Zayko said.
MSU police Chief Jim Dunlap said the ordinance makes law enforcement easier.
"This plan helps law enforcement get together an emergency management plan," Dunlap said. "No constitutional rights can be suspended during this time."
After the Sept. 11, 2001, terrorist attacks, Dunlap said the federal government asked universities with more than 25,000 enrolled students to create this type of emergency plan in case a major disaster or catastrophe were to happen.
Simon, who has been university president since January 2005, has never had to declare a campus emergency. She said the scope of the disaster is taken into consideration when declaring a campus emergency.
"Even when the fire occurred at Agriculture Hall, there was no need to declare a campus emergency," Simon said. "The pervasiveness of the disaster and scope of it has to be taken into account.
"In this case, only one building was affected. But say a trucker crashed and chemical fumes entered the air. Then we would have to figure out what residence halls would have to be closed and other measures that would have to be taken in at the time of this event."
The fire at Agriculture Hall happened on New Year's Eve in 1999, when an environmental extremist group firebombed the building. No one was killed then, but property was damaged in the fire.
Dunlap added that with this ordinance, the university will be able to apply for additional federal emergency funds.
Zayko said the presidential powers could be used during a natural disaster or terrorist attack.
"Some examples could be a tornado ripped through campus or a train crashed and some kind of chemical spilled," Zayko said.
In those cases, the president could make certain buildings off-limits — a regulation that then would be enforced by police.
"This is no different than if we put up a barricade on a football Saturday and said no one can drive down this specific road," Dunlap said.
"If a person were to break that rule, the same type of penalty would be applied."
