RESIDENCE HALL 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 university residence hall rooms.
The university recognizes that it is difficult to balance the need to encourage and preserve a wholesome living and learning environment and the expectations of privacy of students living in a residence hall. As a result, 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. These procedures also provide a guide for university staff to enable them to perform their duties and to maintain certain standards necessary to support the educational mission of the university and its residential community.
A. ENTRANCE OF RESIDENCE HALL ROOMS
The university reserves the right to enter residence hall rooms under 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, individuals, or university property.
3. By a residence hall director (or superior) when there is a reasonable belief that a university regulation has been or is being broken.
4. By a residence hall director (or superior), or maintenance personnel for repair, replacement, or inspection of university property.
5. By a residence hall staff member in order to complete the opening and closing of the residence hall or as a part of the check-in or check-out procedures.
6. By a police officer whenever it would be legally permissible
B. SEARCH OF RESIDENCE HALL ROOMS
The university reserves the right to enter residence hall rooms under the following circumstances:
1. By a university employee with the permission of a resident or occupant.
2. By a university employee when there is an immediate threat to the health or safety of the occupants, other individuals, or university property.
3. By a residence hall director (or superior) after permission has been obtained from an Assistant Director of Residence Life or higher, when there is a reasonable belief that a university regulation has been or is being broken.
4. By a residence hall staff member in order to complete the opening and closing of the residence hall or as a part of the check-in or check-out procedures.
5. By a police officer whenever it would be legally permissible.
C. — USE OF EVIDENCE
If during the entrance or search of a residence hall room, evidence of a violation of university regulations is found, the university may refer the student and/or occupant for disciplinary action. The university may use evidence obtained during the entrance and/or search during the university disciplinary proceedings. In addition, if otherwise permitted by law, evidence so obtained may be used in criminal proceedings.
Todd Levitt, has been representing college students for more than 20 years. For a free consultation call 989-772-6000