POLICY REGARDING ENTRY INTO AND SEARCH OF RESIDENCE HALL ROOMS

INITIATED: April 1989

APPROVED: January 28, 2000

PURPOSE

The University respects and preserves the individual student's right of privacy.  The University is also charged with the responsibility to maintain the University residence halls as the basis for the living and learning experience of campus communal life, including the responsibility to maintain rules and regulations for the promotion of an orderly academic atmosphere and living environment.  The following policy has been established to ensure that these rights and responsibilities are safeguarded.

APPLICABILITY

All residence hall students.

POLICY

Any entry of student residence hall rooms by persons acting on behalf of the University, including designees of either the Director of Housing and Residence Life or the Dean of Students, relating to the observance or enforcement of University regulations must conform to the requirements of either a Warrant Entry or a Counseling Entry as described in this Policy.  An entry of student residence hall rooms by persons acting on behalf of the University for maintenance purposes must conform to the requirements of a Maintenance Entry.

A Warrant Entry is an entry of a student room by a designee of the Director of Housing and Residence Life or the Dean of Students upon a warrant signed by a designated faculty member from the Student-Faculty Judiciary, or the Vice President for Student Affairs if the faculty member is unavailable, authorizing the designee to search that room for a specified article or articles which, if found, may be removed and used as evidence against a student.  Such a warrant shall only be signed in response to a written application made and signed by a representative of the Director of Housing and Residence Life or the Dean of Students affirming facts which constitute probable cause to believe that the room contains evidence of a violation of University regulations.  A copy of the warrant must be left in the room at the time of entry.

A Counseling Entry is an entry of a student room by a designee of the Director of Housing and Residence Life or the Dean of Students having reasonable grounds to believe that it is reasonably necessary, in aid of the University's responsibility to maintain an orderly academic atmosphere or living environment, to enter that room for the purpose of either (a) counseling with the occupants concerning the observance of University regulations or (b) removing articles, the presence of which is a violation of University regulations or which are reasonable likely to be used or consumed in conjunction with a violation of University regulations.  The student occupant in possession of an article removed in the course of a Counseling Entry, other than alcoholic beverages and containers or articles which cannot lawfully be returned to the student, will be given a receipt which can be presented for return at the end of the academic year or earlier expiration or termination of the student's housing contract.

A Maintenance Entry is an entry for maintenance purposes, including routine facility inspections, improvements and repairs, and securing the room.  Reasonable prior notice will be given to the occupant unless immediate entry is needed due to critical maintenance need or at the request of the student.

No article which is removed or identified in the course of a Counseling Entry or a Maintenance Entry or which is obtained in violation of the intent of this Policy or state or federal law shall be used as evidence against a student.  A designee of either the Director of Housing and Residence Life or the Dean of Students making either a Warrant Entry or a Counseling Entry shall make reasonable efforts to secure the consent of room occupants at the time of such entry.  Incidents of entry or search which are carried out in violation of the intent of this Policy may be reported by the student in accordance with the procedures established in the Student Handbook.

Nothing in this policy shall be construed as preventing an independent search by a law enforcement officer (including deputized officer from the Office of Public Safety and Police Services) acting on behalf of civil authority incident to a search warrant as provided by law.

REFERENCES

None.

INITIATING DEPARTMENT/DIVISION

Office of Housing and Residence Life, ext. 2622

For implementing instructions, please click here: