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No one was in our dorm room when the RA (not ours) entered and found 4 empty beer bottles. He said he was looking for the TV that was taken from the Common area. We have a 48 flat screen of our own so we do not need theirs. Why our room was chosen is unknown. The four of us are on the football team (I think that was the reason). The RA said he came in at 8:00 p.m., but we didn't leave the dorm room until 10:30 p.m. so he is lying. We feel he had no just cause for entering our room when we were not there. The bottom line is we are now suspended from the team for having empty beer bottles in our room. No one saw us drink them and we never cause any disturbances in our dorm. Yes, we do know that alcohol/drugs are not allowed on campus. Do we have a legal leg to stand on? The college keeps flip/flopping back and forth. Today, they said they our writing us up and we are now suspended. The RA is not being reprimanded at all.

2007-10-02 08:15:17 · 9 answers · asked by footballfan 1 in Politics & Government Law & Ethics

9 answers

So you did something you know was unacceptable and had consequences and you're upset because the way you got caught wasn't fair? Guess that makes you the average American. They don't teach responsibility in college.

2007-10-02 08:20:17 · answer #1 · answered by thor_torkenson 5 · 1 0

You should probably seek the advice of an Attorney or Public Defender on this one. Some of the things they will need to know are: Does the campus have a written policy/rule/regulation governing the subject of "on-campus" dorm searches by police? If so, did you receive a copy of it before you moved in? (IMHO, off-campus dorms fall under the primary jurisdiction of the local police, so probable cause and warrants are definitely the rule out there.) The policy, if there is one, should stipulate what the campus police can and cannot do when searching a room, and the policy should have some clues as to when the search has to stop. A stolen Xbox is a stolen Xbox, regardless of whether the controllers and cables are attached; that's like saying "I'm sort of pregnant". A decent attorney might be able to get that charge reduced, but you'll need to give them advance notice and some time to get a case together. Good luck!

2016-05-19 15:53:37 · answer #2 · answered by ? 3 · 0 0

I am a Hall Director and I can tell you it really depends on your school and its policy. If it is a dry school than it is not good, as well as as athletes if you signed a contract regarding alcohol use there would also be a problem.

Basically, the RA should not have entered your room alone, without permission. Most schools operate under those guises and you may be able to appeal any decision based on that. The RA should have entered with at least one other person. Beyond that, some schools are okay with empty containers, some are not. What you really need to do is review your University's policy, community living standards, etc. You should talk to your coach and athletics for advice too.

I work at a Big 10 D-I school and we have football players as well as many other athletes at our school. They are held to a higher standard, because they are considered role models. Think about it this way, if you have a bad day as an athlete you could make ESPN.

2007-10-02 08:24:04 · answer #3 · answered by Anonymous · 2 0

RA is like the landlord, it is legal to enter your room. Now, if the school has their own policy on what RAs can and can not do, and if he violated it. If there is no written policy, you are stuck. In the future, be smart, clean up after yourself and through the bottles away in the trash outside your room.

2007-10-02 08:21:04 · answer #4 · answered by Chris 5 · 1 0

When you moved in to the dorm, you signed an agreement with the school. Since you are a college student you should be able to read and understand this document. Read that and you should find the answer to your question.

How do you think we would know since you didn't even both to tell us where the school is much less which school you are talking about?

2007-10-02 08:20:35 · answer #5 · answered by davidmi711 7 · 2 0

Depends on the college's policy. At the school I am currently attending, for example, college staff can only enter your room without permission if they "reasonably suspect" you have violated law or college policy. However, I know at some other schools, they can enter at any time for any reason. The previous answer is right, look at your housing contract for the answer.

2007-10-02 08:27:12 · answer #6 · answered by skywaker9 2 · 1 0

What's this world coming to!

Back when I was in college (30 years ago) our Dorm RA made it clear that if he smelled something suspicious coming from your room, be it anything from pizza to pot, he was coming in to get his share.

2007-10-02 08:19:17 · answer #7 · answered by Anonymous · 2 0

It depends on the contract you signed when you rented the dorm room.

2007-10-02 08:19:18 · answer #8 · answered by Captain Moe 5 · 0 0

If he/she suspects drinking, or under the influence then yes she has every right. Again, if you were being loud and they found alcohol or drugs then yes they have a right.

2017-01-22 13:35:32 · answer #9 · answered by Anonymous · 0 0

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