topLawyerEvery fall new students embark on Central Michigan University with aspirations of being successful. In order to be successful it is important to be aware of certain activities, or actions that could get you in trouble with the university and possibly the law.

Central Michigan University has the following rules, guidelines and procedures when it comes to living on campus (residence halls, dorms, university apartments & buildings):

Entrance and Search Procedures

Central Michigan University recognizes and respects the students´ desire for privacy, especially within the context of a community living environment. The university also recognizes its responsibility to encourage and preserve a wholesome living and learning environment on the campus, to provide adequate maintenance and protection of public property, and to protect the health and safety of all persons. These fundamental assumptions are embodied in the following commitments and procedures concerning the entry or search of a university apartment.

The following procedures have been developed to help define the reasonable expectations of privacy that a person should have in these circumstances, bearing in mind the need for the university, staff, and its residents to help create and maintain an educational learning environment.

ROOM ENTRANCE:

The University reserves the right to enter University rooms and apartments under any of the following circumstances:

  1. By a university employee with the permission of a resident or occupant.
  2. By a university employee when there exists an immediate threat to the health or safety of the occupants, other individuals, or university property.
  3. By a university employee in order to complete the opening or closing of the apartment as part of a check-in or check-out procedures of the apartment.
  4. By a police officer whenever it would be legally permissible.

ROOM SEARCH:

The University reserves the right to search University student rooms and apartments under any of the following circumstances:

  1. With permission of the student.
  2. With a search warrant.
  3. With permission of the President or designee, or Vice President of Business and Finance or designee, when there is sufficient reason to believe there is a violation of an established University regulation with respect to the health and safety of all residents.

PROCEDURES:

  1. If the student feels entry or search by University personnel was unjustified, the student may appeal to a special review board.
  2. The appeal Is timely only if presented in a written statement to the Dean of Students within 3 class days, exclusive of Saturday and Sunday, of said incident, except that if a charge Is brought under the “Policy and Procedures Relating to Student Rights and Responsibilities, “then the student must make the appeal within the time period set forth ´in Section 5.1.3 of the “Procedure” for responding to notice of a charge under the “Procedure.”
  3. A report of the findings will be given to the student, the person alleged to have violated the procedure, the responsible University supervisory officer and the Dean of Students, or designee who will present the recommendation to the Hearing Officer or Hearing Body if convened.
  4. At the discretion of the Dean of Students or University Hearing Officer or Body, disciplinary action may be postponed until the appeal process is completed.

Any evidence obtained in room entry or search may be used in the University disciplinary process. Such evidence may or may not be used in a court of law.

RESIDENCE HALL VIOLATIONS & CONSEQUENCES:

Residence Hall Violations and Consequences: “All students and guests are subject to all State of Michigan Laws concerning consumption, possession and transportation of alcoholic beverages…Consumption of alcoholic beverages will be permitted in the residence halls only as follows:

  1. A resident who is 21 or older may possess alcohol and drink responsibly in his or her room at any time.
  2. A resident who is 21 or older may drink in the room of another 21-year-old resident if that resident is present.
  3. All guests must conform to the residence hall alcohol policy. Example: If a 21-year-old guest visits a room where the residents are not 21, no alcohol is allowed, even by the 21-year-old guest. Residents are responsible for the behavior of their guests.
  4. No alcohol is allowed in any room at any time unless at least one resident of that room is 21 or older. Alcohol in a room may only be purchased, stored and consumed by a resident 21 or older.
  5. Anyone under 21 present in a room where an alcohol infraction has occurred will be considered in violation of the alcohol policy.
  6. No alcohol, which is open, is allowed at any time in any public area of a residence hall by residents or their guests. Anyone under 21 may not possess alcohol in any public area of the residence hall. A public area may be a hallway, lounge, lobby, or any other area not contained in a specific residence hall room.
  7. Any alcohol being transported by someone who is 21 or older must be completely covered from open view and be taken directly to the resident’s room.
  8. Anyone present in a room where a controlled substances infraction has occurred will be considered in violation of the controlled substances policy.

Alcohol Free Areas

All of the above as well as: Residence Hall Violations and Consequences: “Students who live in alcohol free rooms and wish to continue to do so cannot drink in their rooms or be a cause of disruption in any alcohol free environment because of possession or consumption of alcohol on or off campus. Students who violate this policy or allow guests to violate this policy may be moved to another room following their first offense.”

Drinking and/or transporting alcohol in an open container in public areas.

Residence Hall Violations and Consequences: “Consumption of alcoholic beverages will not be permitted in any public areas nor outside of the residence hall buildings on University grounds.” A public area may be a hallway, lounge, lobby, or any other area not contained in a specific residence hall room.

So essentially you are not permitted to walk through campus possessing/drinking alcohol. If you are 21 you are permitted to drink in non-public areas only. 

Hosting a keg and/or supplying alcoholic beverages to minors

Alcohol Policy: Residence Hall Violations and Consequences: “Any student responsible for the distribution of alcoholic beverages within the residence hall to any person under the legal drinking age must assume all responsibility for actions under Michigan law and the CMU Policy and Procedures Relating to Student Rights and Responsibilities … Michigan law is interpreted to mean that the sale, trade or giving away of alcoholic beverages requires a license. Therefore, each person must supply his or her own alcoholic beverages. No kegs or mass purchases will be allowed.”

Code of Student Rights, Responsibilities and Disciplinary Procedures: (see reference to Section 3.2.13 above). Michigan law is interpreted to mean that the sale, trade or giving away of alcoholic beverages requires a license.

Code of Student Rights, Responsibilities and Disciplinary Procedures: Sections 3.2.13 and 3.2.27 “A student shall not possess, consume or furnish, aid in the consumption or furnishing of, alcoholic beverages except as permitted by law and University Policy.” “Violations of the Residence Life Alcohol and Controlled Substances Policy are considered a violation of this section.” A student who shall with any one or more persons enter into a combination or agreement, expressed or implied, to commit violation of any of these regulations is in violation of the regulation.”

Attendance at kegs or other pooling of alcoholic beverages

Alcohol Policy: Residence Hall Violations and Consequences: “Michigan law is interpreted to mean that the sale, trade, or giving away of alcoholic beverages requires a license. Therefore, each person must supply his or her own alcoholic beverages. No kegs or mass purchases will be allowed.”

Code of Student Rights, Responsibilities and Disciplinary Procedures: Sections 3.2.13 and 3.2.27 “A student shall not possess, consume or furnish, or aid in the consumption or furnishing of, alcoholic beverages except as permitted by law and University Policy … A student who shall with any one or more persons enter into a combination or agreement, expressed or implied, to commit violation of any of these regulations is in violation of the regulation”

Empties

Minors may not collect/display empty alcohol containers in their room.

Use of Marijuana

Residence Hall Agreement: “Resident agrees not to possess, use, manufacture, produce or distribute, or aid in the use, manufacture, production or distribution of any controlled substance except as expressly permitted by law.”   Although Michigan has passed a law legalizing medicinal marijuana, all forms of marijuana continue to be illegal under federal law. Federal law supersedes state law, as a result, institutions are not obligated to accommodate users of medicinal marijuana in residence halls, on campus, or otherwise. CMU does not allow the use or possession of any form of marijuana on campus.

Code of Student Rights, Responsibilities and Disciplinary Procedures: Section 3.2.12 A student shall not possess, use, manufacture, produce, or distribute, or aid in the use, manufacture, production, or distribution of, any controlled substance except as expressly permitted by law. Controlled substances are defined in the Controlled Substances Act of 1971, as amended. Anyone present in a room where a controlled substance infraction has occurred will be considered in violation of the drug policy.

Use or possession of controlled substances/Sale of Drugs/Drug Paraphernalia

Same statutes as those for use of marijuana apply.

Violent behavior directed at another person

Code of Student Rights, Responsibilities and Disciplinary Procedures: Section 3.2.7 “A student shall take no action which threatens or endangers the safety, health, or life, or impairs the freedom of any person, nor shall a student make any verbal threat of such action. This includes actions commonly understood to constitute assault, battery, or sexual assault. Sexual assault includes, but is not limited to, inflicting sexual contact upon another person or sexually penetrating any person without that person´s consent. Conduct will be considered without consent if no clear consent is given, or when the inflicted person is unconscious or otherwise without the physical or mental capacity to consent. Inflicting sexual contact on someone under the influence of alcohol drugs may be considered ´without consent.”´
Section 3.2.19 “A student shall not haze, harass or stalk any person or group of persons. Telephone harassment, e-mail or computer harassment, stalking, racial and sexual harassment are included under this policy.”

Tobacco free policy

Tobacco use of any kind is not permitted in any residence hall building or on campus.  This includes traditional cigarettes, e​-cigarettes, chewing tobacco, pipes, cigars, hookahs, waterpipes, snus, snuff, or any other forms of tobacco. ​

 

 

https://www.cmich.edu/ess/ResLife/policies/Pages/Residence_Hall_Violations_and_Consequences_.aspx

https://www.cmich.edu/ess/ResLife/policies/Pages/Residence_Hall_Violations_and_Consequences_.aspx

https://www.cmich.edu/ess/ResLife/policies/Pages/Residence_Hall_Violations_and_Consequences_.aspx