Sunday night’s events and the madness on Yik Yak show the importance of students knowing their rights as members of the Colgate community in order to know when they are being violated.
In case you missed the madness, on Sunday night there were alleged “Campo” (aka Campus Safety) raids in several dorms. Even though it has since come to light that this was nothing but a joke on Yik Yak that got blown out of proportion, it is important to refresh yourself of your rights for future room checks or in case of future potential violations.
When these inspections do occur, according to the Student’s Rights and Responsibilities section in the Colgate University Handbook (pg. 154):
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Rooms and common spaces are inspected twice per semester. The health and safety inspection date will be announced the week before inspections begin to provide ample notice to residents.
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Nothing in the residence hall contract may expressly or implicitly give the University Officials authority to consent to a search of a student’s room by police or other government officials without a warrant authorized by law.
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The Vice President of the College may authorize a search of a student’s room in a residence hall by members of the University to determine compliance with federal, state, and local criminal law or University regulations where there is a reasonable basis to believe that a violation has occurred or is taking place.
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The Vice President of the College shall authorize the search and state in writing the purpose thereof before the search takes place. Any search authorization may subsequently be reviewed by the Committee on Rights and Responsibilities upon request of the involved student. The purpose of such review is (a) to determine that the individual’s rights were observed, and (b) to assure that the authorization was well-founded. For example, authorization to search a room for stolen property would be considered well-founded and would not prevent punitive measures being taken on the basis of evidence accidentally uncovered which revealed another offense. If the Committee determines that the authorization was improper, nothing uncovered or seized during the search shall be used as evidence before the University Student Conduct Board, although stolen property shall be returned to the owner(s).
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When a search of a student’s room has been authorized, it should be done in the presence of that student or the students in question.
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In the absence of the student, the Vice President or the Vice President’s delegate shall have an officer of the living unit or an elected student representative of the association witness the search.
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When a student has been absent while his or her room was searched, the student shall be informed of the search and of the basis for that search.
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When the appropriate University officials plan to seek access to a student room in a residence hall for improvement, repairs, or for reasons of safety including but not limited to fire safety checks, the occupant shall be notified in advance, although there may be entry without notice in connection with scheduled fire drills or in emergencies where imminent danger to life, safety, health, or property is reasonably feared (including, without limitation, responses to all fire alarms not triggered as part of a scheduled drill).
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In case you were confused by all the legal jargon and technical stuff used in the handbook, here is a simplified version of your rights:
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When room checks do occur, they only occur twice per semester
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Students will be notified of inspections a week prior to them occurring.
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Colgate can not give government official or law enforcement (ex: Hampo) permission to search your room without a warrant.
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The Vice President of the school can give permission for a special room search, but only if there is a reasonable basis for belief that a violation has occurred or is taking place; they must state in writing the basis for this search.
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If such a search does occur, you have the right to appeal to the Committee on Rights and Responsibilities for a review of the search to make sure that your rights were observed and that there was reasonable foundation for the search.
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If the Committee determines that the authorization for the search was improper, nothing uncovered or seized during the search can be used as evidence against you.
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You must be present or have a representative when your room is searched
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If you are absent during the search, the administration must notify you of the search and why they are conducting it.
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You will be notified in advance when or if University officials need to access your room for stuff such as repairs and maintenance. The only exception this is for scheduled fire drills and emergencies.
This means that if what allegedly went down Sunday night had actually occurred it would have been a violation of student’s rights and students who found themselves victims of such searches could have appealed their cases. If you ever suspect that your rights were violated, contact the Colgate administration or contact Campus Safety. There is even a tip form on the website (http://www.colgate.edu/offices-and-services/campussafety) if you would like to submit an anonymous report or submit your complaint electorinically.