REPORT OF THE STUDENT RIGHTS
AND RESPONSIBILITIES COMMITTEE
September 2005
Appendix G
POLICY #86-1
Please note
that in 3a below, limited administrative search, the SR&R committee
voted to drop the word “closet.” Therefore these recommendations
come to you for your approval with the unanimous support of the
committee
1. Entry and Search by Consent
of the Student
a. ……….In situations where the student refuses
consent search procedures described below may be implemented.
c. Any student who is a resident
of the room, suite, or apartment may consent to entry of the authorized
University employee and to the search of that student's personal
belongings. However, no student may consent to the search of another
student's bedroom, closets, locker, suitcases, or other areas under the
primary control of another student. Whenever a student's area or
belongings are searched by consent, a consent to search form is to be
completed by the staff member, making the search and signed by the
student(s) whose belongings are to be searched.
c. A resident student can give
consent to an authorized University employee to enter his/her room,
apartment or shared bathroom. The resident student can give consent
only to the search of his/her belongings, and of shared areas that are
not under the primary control of another student. For example a student
may give consent to a search of a shared refrigerator but not to any
closed containers therein that are the property of another student. No
student may consent to the search of another student’s bedroom,
closets, locker, suitcases, backpacks, or other areas under the primary
control of another student.
2. Entry Without Consent in a
Health or Safety Emergency
The Director of Security, Director of Safety and Risk
Management or his/her designee, the Director or Assistant Director of
Residential Life, the
Associate Director of Residential Life, a Hall Director or an Evening Manager Supervisor
Assistant Hall Director or
Security Officer may enter …………
3. Entry For Routine Inspections
…….. inspections for health,
safety, and building maintenance purposes. In the case of fraternity or
sorority rooms, the Vice President for Student Affairs or his/her
designee may enter for such inspections and maintenance.
4. Entry Without Consent on
Suspicion of Violation of University Regulations or Federal or State Law
a. Where federal, state, or
local law enforcement officers, including URI campus police, are
involved in an investigation of possible violation of state or federal
law, any search of a student residence shall be conducted only by such
law enforcement officers and only in accord with legal standards
applicable to police searches of private residences, and no University
employee or agent other than a URI police officer is authorized to
conduct a search of a student residence in connection with such
investigation. URI officials may, however, cooperate with the law
enforcement officers executing a search authorized by an appropriate
federal or state judicial officer.
b.
If no federal, state, or local law enforcement officer (including URI
campus police) is involved in an investigation of a possible violation
of University policy, and if a URI employee (other than a URI campus
police officer) or student has reason to believe that search of a
particular room will yield evidence of violation of a University
regulation by a particular student, that employee or student should
contact the Director of Security, the Director of Residential Life or
the Associate Director of Residential Life. If the Director of
Security, Director of Residential Life or Associate Director of
Residential Life, after hearing the employee's or student's statements
to that effect, believes that a search of a particular student
residence will produce evidence of a violation of University
regulations, or evidence of the identity of a person participating in
such a violation, the Director of Security, the Director of Residential
Life or Associate Director of Residential Life may apply to the Dean of
Students (or if the Dean of Students is unavailable, to the Vice
President for Student Affairs) for an administrative search warrant.
The Dean of Students or Vice President for Student Affairs to whom
application is made shall review the application and may ask any
additional questions of the Director of Security, the Director of
Residential Life or Associate Director of Residential Life, or of the
additional applicants. The Dean of Students or Vice President for
Student Affairs shall sign the student residence search warrant only if
s/he concludes there is reasonable cause to believe that the property
described in the application and related to the commission of a
violation is located as described in the application and that it is in
the best interest of the University and its students to conduct an
administrative search. Once the administrative warrant has been granted
the search will be conducted only by the Director of Security, the
Director of Residential Life or the Associate Director of Residential
Life. Evidence found in the administrative search that indicates a
violation of University policy may be used for internal University
action.
In
the following section, “concrete information” is something known from
direct observation or information from a reliable source. For
example, a resident assistant reports hearing a drinking game; a
resident assistant sees alcohol being brought into the room of an
underage student; there is the smell of marijuana, a towel under the
door, the window is open and a fan is on; a credible message is
received about a suicide threat.
A Hall Director or Assistant Hall
Director or someone of higher authority may use master keys for entry
only under the following circumstances.
-health
and safety crisis
-search
warrant from court
-verbal
permission has been given for a limited administrative search
-written permission has been given
for a full administrative search
a.
Limited Administrative Search. A Hall Director or Assistant Hall
Director who has concrete information of a violation of community
standards must get verbal permission from a Director or Assistant
Director of Housing and Residential Life to open the door of a
non-responsive student. The resulting search will be hands-off
and limited to what is in plain sight, closet and refrigerator contents
and a quick look under and around surfaces. Any evidence found in
a limited administrative search may be used for campus disciplinary
procedures.
b. Full Administrative
Search. If federal, state, or local law enforcement officers (including
URI campus police) are not involved in an investigation of possible
criminal activity, and if a staff or student provides concrete
information that the search of a particular room will yield evidence of
a serious violation of community standards by a particular student, the
Director of Housing and Residential Life, the Dean of Students, or the
Vice President for Student Affairs or his/her designee may issue a
written administrative search warrant. Once the administrative
warrant has been granted, the Director of Housing and Residential Life,
Vice President for Student Affairs or their designee will conduct the
search. Any evidence found in the administrative search may be
used for campus disciplinary procedures.
a. c. ….. an
investigation of possible violation of state or federal law, any search
of a student residence shall be conducted only by such law enforcement
officers and only in accord with legal standards applicable to police
searches of private residences. , and no University employee or
agent other than a URI police officer is Only law enforcement officers are
authorized to conduct a search of a student residence in connection with such
investigation. URI officials may, however, cooperate with the law
enforcement officers executing a search authorized by an appropriate
federal or state judicial officer. While executing a search warrant.
University staff may
accompany officers. Evidence found may be used in criminal
proceedings and/or in campus disciplinary proceedings.
Rationale: Updates language and
position titles. Under specific circumstances and with approval,
permits two levels of administrative search