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Montclair University in N.J. Bans Pepper Spray, Yet They Sell it?

Previously reported, Montclair University, a N.J. state college, has a strict weapons policy that bans even pepper spray. University officials have refused to address the penalties laid out in the code of conduct if a student is caught in possession of the non-lethal defense tool. Interestingly enough, pepper spray is sold in the on-campus bookstore.

It was uncovered that Montclair University’s weapons policy would lead to harsh penalties if students break it. The minimum penalty is suspension, with a maximum penalty of expulsion. Unlike Rutgers University, also a state college, Montclair has no carveout in their regulations to allow the possession of pepper spray.

After reporting on the policy, as well as issuing a follow-up when University officials addressed queries, a student who attends the university sent in a tip. Wishing to remain anonymous due to fear of repercussions from the university, the individual said Sabre brand pepper spray was being sold on campus.

The pepper spray was said to be situated on a top row of a product display next to Ricola brand throat lozenges and Eos brand lip balm. The price on the tag was listed to be $11.69 per unit.

After receiving the tip, University spokesperson Andrew Mees, who answered former queries, was contacted again. When asked if he was available for a call to follow up on the matter, Mees stated, “We will have no further comment on this.”

The university campus bookstore was contacted about the sale of pepper spray. When asked about the item being sold on campus, the store’s employee said that the pepper spray was being sold for about $15.00. They further verified that the pepper spray is located by the throat lozenges. The employee confirmed that pepper spray is being sold at the campus bookstore.

Montclair University’s weapons policy is very straightforward. It states that infractions would result in “Minimum sanction: Suspension; Maximum sanction: Expulsion.”

From the policy:

Students are prohibited from threatening to and/or bringing any weapon or facsimile of a weapon to campus, to University-related premises, or to University-related events, including academic, athletic, and social events held away from campus. Specific restrictions include:

  1. Possession, storage or knowledge of possession and failure to report a dangerous weapon or realistic model of a weapon, including firearms or any explosive or incendiary device of any description;

  2. Unauthorized use of any weapon or realistic model of a weapon, including items described in the New Jersey Code of Criminal Justice, or any similar instrument that has no legitimate or obvious purpose related to the educational program, including: dart gun, BB gun, bow and arrow, any instrument that can hurl a projectile, hunting knife, carpet knife, knives except those whose purpose is related to the preparation or consumption of food.

  3. Exceptions to this policy include replica/toy versions of any weapon that is used for an on-campus class presentation, project, or activity with the faculty/staff member overseeing the event and University Police being alerted prior to the event occurring.

Montclair University has remained committed to their weapons policy when questioned about it. However, they won’t outright say that possession of the non-lethal device would result in a suspension. When pressed, Mees formerly said, “While a student would face disciplinary action if found with a weapon on campus, each case is heard on its individual merits, and lawful self-defense would be taken under consideration.”

“While some items—such as pepper spray or stun guns—may be legally possessed under certain conditions in the state,” Mees asserted in another former statement, “the University has a policy that prohibits weapons on campus, focusing on their potential use and impact within our community.”

Yet, the university sells such items?

A 2022 article, “Students March for Sexual Assault Awareness” by Karsten Englander, in The Montclarion – the university’s student-run newspaper – profiled a protest on campus. Mees weighed in on the matter of sexual assault. 

“We take situations involving potential harassment of any kind extremely seriously,” Mees said in 2022. “Any claim brought to the university’s attention is thoroughly investigated, and action is taken when appropriate.”

In the same article, a student going only by first name, Hannah, discussed the issue of her personal safety. “It’s despicable and deplorable,” Hannah stated. “We shouldn’t have to worry about this. It’s sad that as a woman I carry pepper spray, an alarm and several keys on me to make sure I’m safe on campus. I want to raise my voice and say listen, ‘you need to take your victims seriously and not silence them.’”

Hanna is shown in one of the photographs in the article holding up her keys with what clearly is pepper spray attached to them.

What Montclair University’s policy says and whether or not the university’s officials do uphold it in the stated manner is not known. Should attendees put stock into Mees’ “individual merits” claim concerning running afoul of the rules?

If there were no students asking for a black and white answer to what the actual disciplinary actions would be should they preemptively arm themselves with non-lethal pepper spray, this would not be an issue. But, there are students asking this question, and the university should answer their questions directly.

Having pepper spray for sale in the school store might be an affirmative defense for someone in a disciplinary situation. It’d be prudent to purchase any pepper spray at the university’s store, document it, as well as save any receipts should they need prominence on where the potentially life-saving device was purchased – understanding of course there’s a clear vagueness to what officials say is permissible.

A simple policy change by the university could clear this all up. As noted before, even Rutgers University – the home of the Rutgers Gun Violence Research Center – allows students the right to bear pepper spray for self-defense. Montclair University, not so much. Taxpayers should be asking officials if this is a campus they should be supporting or if Montclair deserves the millions of dollars they receive in state funding. Parents of students might have a few questions they’d want answered too.

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