Current through all regulations passed and filed through September 16, 2024
(A) Policy and intent. The university is not
only concerned with the intellectual development of students but with their
security and well-being. Occasionally, in order to maintain the general
security and enforce regulations, room entry and room search become necessary
in campus residence halls. The following policy is intended to outline a
procedure for this realistic necessity while preserving as much as possible the
integrity of individuals and their rights to privacy. These procedures follow
accepted methods and are supported by many professional and student
organizations. It should be clearly understood that the guidelines outlined are
for internal protection and control; however, nothing herein can limit the
ability of bona fide law enforcement or judicial agencies from seeking and
obtaining legal search warrants for use on the university campus. The
university and its members are not immune from normal citizenship
requirements.
(B) Definitions. For
the purposes of this policy, the following definitions shall apply:
(1) "Room entry" is to be defined as entrance
to a student's room to fulfill the duties of authorized personnel.
(2) "Room search" is to be defined as a
formal seeking out of evidence to reflect reasonable cause to believe that one
of the conditions for room search has been violated.
(C) Conditions for room entry. Rooms can be
entered only with reasonable cause to believe that one of the conditions for
entry is satisfied. Occupants will be notified of the reason for any room
entry. The following are the guidelines for room entry.
(1) A clear indication that established
conduct standards or health and safety regulations are being violated. This
requires the utmost care and sensitivity to the issue of maintaining privacy
for the students in the residence hall setting. It is recognized that fruitless
room entry can quickly destroy staff-student relationships.
(2) Periodic environmental health inspections
are conducted by the environmental health and safety office and residence halls
staff. The spirit of these inspections is for preventive and corrective action
and is in no way designed to include room search.
(3) A student's room may be entered to ensure
maintenance and general repair within the student's living area.
(4) A student's room may be entered in cases
of imminent danger to health or safety.
(5) When fire drills are in progress, the
residence halls staff, will inspect rooms to ensure that the hall is
vacated.
(D) Procedure
for room entry.
(1) No student room should be
entered without knocking. Entry, following the knock, shall be preceded by a
time lapse of sufficient duration to provide an occupant(s) with opportunity to
open the door. This requirement shall also apply to maintenance
personnel.
(2) A room should be
entered in the absence of an occupant(s) only when an emergency exists or to
provide maintenance or repair service.
(3) If it should be necessary under the
conditions outlined for authorized university personnel or their agents to
enter a room when an occupant is not present, the occupant(s) will be notified
of the entry and the reason for the entry. Where entry is sought to make
improvements or repairs, notice should be given the occupant(s) not less than
twenty-four hours in advance. In emergency situations where imminent danger to
life, safety, health or property is reasonably feared, entry should be made
without advance notice.
(4) The
privacy of an occupant(s) with respect to other students should be maintained
when university personnel enter a student's room. Other students should not be
permitted to enter the room in the absence of the occupant(s).
(5) Students feeling aggrieved by this policy
may appeal directly to the senior executive
director of university housing. The appeal should be in writing
and presented to the senior executive director of
university housing within ten business days of actual
occurrence.
(6) The following
personnel shall be authorized to enter residence hall student rooms under the
conditions prescribed:
(a) Full-time
professional staff members of the residence halls, excluding clerical
personnel;
(b) Residence hall
directors, and assistant directors;
(c) Full-time members of the residence halls
maintenance staff;
(d) Full-time
members of university facilities management; and
(e) Nonuniversity personnel contracted to
perform maintenance or repair services on behalf of the residence halls agents.
In the absence of the residence hall director, a resident assistant may act in
cases of immediate and clear emergency regarding health and safety. Other cases
should be referred to the senior executive
director of university housing.
(f) Police services personnel who may be
requested to assist the abovementioned authorized personnel to lawfully to take
custody and possession of any contraband seized during a search. Police
services personnel shall not initiate or actively participate in a search as
described above without a court-ordered search warrant.
(E) Conditions for room search.
Rooms will be searched only with reasonable cause, and the occupant(s) will be
informed of the reason for any room search. A formal search permit will be
required from the senior executive director of
university housing. There are two basic situations
which may precipitate administrative room search.
(1) A clear indication that the established
code of student conduct or health and safety regulations is being
violated.
(2) An emergency which
makes it necessary for a staff member to search a room for a particular item,
such as a discarded sleeping pill bottle or a particular telephone number or
address. In emergency situations, word-of-mouth approval will suffice and a
formal search permit will not be necessary.
(F) Procedure for room search.
(1) All room searches by residence halls
personnel must be cleared with the senior
executive director of university housing, except in
the case of an immediate and clear emergency or danger to safety and
health.
(2) In cases of clear
violation of university policies, the senior
executive director of university housing will submit a
search permit to be presented by the authorized staff member entering an
occupant's room.
(3) For internal
operations not anticipating civil or criminal prosecution, the individual(s) or
agency concerned must secure a search permit from the senior executive director of
university housing. In cases of possible civil or
criminal prosecution, it is the policy of police services to secure a legal
search warrant, in accordance with the Ohio Revised Code
requirements.
(4) When it is
necessary for authorized university personnel or their agents to search a
student's room when an occupant is not present, two qualified members of the
residence halls staff must observe the search.
(5) The occupant should be given the
opportunity to open drawers, luggage, etc., as required, during the room
search.
(6) In the absence of
reasonable cause for such action, a general search or a search of a number of
rooms in a given area is prohibited.
(7) A student who believes this policy to
have been violated may appeal directly to the senior executive director of
university housing. The appeal should be in written
form and should be presented within ten business days of the actual occurrence.
In the absence of the senior executive director
of university housing, the senior vice president for student
life
will receive the appeal.
