As Dec. 12 approaches, the last day of class that no longer implies a frigid dash around the Res Quad public nudity may be on the mind of many Tufts students.
This semester marks the first under the ban on the Naked Quad Run (NQR), an event held annually in mid−December to celebrate the end of the fall classes, which Former University President Lawrence Bacow last March announced that the university would no longer sanction.
Dean of Student Affairs Bruce Reitman in a Nov. 14 email reinforced the ban on NQR, clarifying that any student who participates will face suspension for the subsequent semester. The Committee on Student Life (CSL) decided unanimously to include the ban in the Code of Conduct for the Schools of Arts and Sciences and Engineering and the Graduate School of Arts and Sciences, so that all students would become aware of the ban.
The ban as stipulated in the Code of Conduct uses the terms "public nudity" and "public semi−nudity," adding that the former is a criminal activity in Massachusetts and could result in arrest. But the vague language in the Code of Conduct and references to criminal activity and arrest leave some questions unanswered.
Under Massachusetts General Law, nudity is defined as "uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state." Nudity falls under the broader category of indecent exposure, which is generally defined as the public display of genitalia when others are present, often with the intent to shock.
A guilty verdict for indecent exposure could result in up to six months in jail, fines up to $200 and probation for the charged individual, according to Director of Public and Environmental Safety Kevin Maguire. He added that being arrested and charged with a crime results in a permanent court record of arrest, regardless of the court's final decision.
There is no specific ordinance, however, that covers public nudity or indecent exposure in Somerville, according to Somerville City Clerk John Long.
"We don't have a definition of indecent exposure," he said. "Just because there is not a local ordinance that says, ‘in Somerville, you may not be naked in public view,' that doesn't mean that you can be publicly naked."
Long said that there is often no local ordinance if the matter in question is covered under state law.
Somerville Deputy Police Chief Paul Upton agreed, adding that the "overwhelming majority" of charges fall under state law, not city ordinance violation.
"If we made an arrest for indecent exposure they would be charged under state law," he said. "It's very rarely that we charge somebody under a city ordinance violation. It's a state law that's applicable."
By the state definitions, most students participating in NQR in previous years would have been in violation of Massachusetts law.
This year, university officials and the Tufts University Police Department (TUPD) will use state definitions to determine if an offender is indeed naked, according to Reitman.
"We use the definitions of the Commonwealth in defining nudity," he said. "Which is, in basic terms, exposure of private body parts. That's the law."
Whether or not students defying the ban and participating in NQR this year would be arrested in violation of state law, however, is less clear.
For certain behaviors, including those involving public nudity, TUPD can bring students to the criminal justice system or refer them internally to judicial affairs system, according to Reitman.
TUPD exercises discretion in each incident, using two criteria to decide how to deal with the situation, Reitman added. The first is the level of dangerous behavior — if the student poses a danger to the public — and the second is the student's reaction to confrontation by the police.
"How students react, if they're apprehended being nude in public, is going to determine what happens to them," Reitman said. "[We are] more inclined to hold students to the values and expectations of this community, and refer them to the [internal] judicial system. The same philosophy that is always in play is going to be the policy of enforcement of NQR."
Maguire emphasized the importance of the second criterion in dealing with students that fail to comply with the ban on NQR.
"We do not want to arrest or place any student into protective custody, but we also do not want to see any students injured," Maguire said in an email. "Student behavior will play a large role in how students are processed if found in violation of the ban on NQR."
The one−semester suspension applicable for students who violate the ban on NQR, however, does not apply for public or private intoxication unrelated to NQR activity, Reitman said.
"For example, if on the weekend of the 12th, students are intoxicated and needing medical assistance in a residence hall, sorority, fraternity or apartment ... they're not going to be suspended for that," he said, adding that the normal response to an alcohol violation would be triggered.
