After two alcohol-related deaths at the University last year, the administration began a comprehensive response to this serious problem and, for that, it should be commended. However, a proposed policy intended to prevent on-campus drinking seriously threatens the privacy rights of all students living on campus. Students should vehemently oppose this new policy.

Proposed changes

Although a specified policy has not been formulated yet, students and administrators are discussing the possibility of allowing KU Department of Student Housing officials to enter any dorm room they have probable cause to believe is in violation of housing policy. This would include all infractions, but it appears that the main reason for this proposed change is to allow housing officials to freely enter dorm rooms in which they suspect students are drinking alcohol.

Under the current search policy, housing officials must either obtain the student’s permission to enter his or her room or give the student 24-hour notice before entering. Housing officials can enter a room if they think imminent danger threatens a resident’s safety or they can request the KU Public Safety Office (KUPSO) to obtain a search warrant that is reviewed by the district attorney and an on-call judge. This is the same process that must be used if police want to search an off-campus residence.

Student Rights

Article 19 of the Student Code of Rights and Responsibilities, which governs the rights of all students, states that students do not give up any rights by becoming members of the University community and privacy rights extend to on-campus housing. This declaration should not lose value or truth after the alcohol-related tragedies of last year. The majority of students who choose to live on campus are legally adults and should be treated as such. This includes recognizing their rights to privacy are as inviolable as those of any student who lives off-campus.

Any policy that would allow officials to search on-campus housing without a warrant could be open to legal challenges. Bill Larzalere, an attorney at Legal Services for Students, has conducted preliminary research on this issue. Larzalere said that without seeing the specifics of the policy, there was no way to know for sure if it would violate students’ legal rights. However, he also states that a dorm room, because it is the principals residence for a student, is entitled to extremely high privacy protections that would usually necessitate either a warrant or exigent circumstances before any search could be conducted.

Marlesa Roney, vice provost of student success, is a proponent of changing the current search policy, but said such a change would definitely conflict with the current Student Code. She said loosening restrictions on searches conducted on campus was a matter that greatly affected a student’s environment and a new search policy was necessary to ensure a safe and healthy atmosphere at the University.

“Dozens and dozens of other universities have a similar policy in place already and, frankly, many of my colleagues are surprised that we don’t,” Roney said.

Larzalere said his initial research indicated that most schools, including schools in the Big 12, had search policies similar to the University’s and required either permission, adequate notice, or a search warrant before a resident’s room could be searched.

Take action

Because the Student Code will need to be amended before any changes to the search policy are enacted, students will be given the opportunity to voice their opinion about any new policy. Felix Zacharias, Wichita senior and non-traditional student senator, said although he does not like the proposed policy on its face, he was willing to keep an open mind about it until the new policy was formally presented.

“One thing about it, though, is that this is a huge invasion of student rights and it would not have prevented any of the deaths we had on campus last year,” Zacharias said.

Students must let their student senators know that they do not want their rights eroded, especially when there is little to suggest that such a move would significantly help to prevent future tragedies on campus. The Student Rights Committee, which must initially approve any changes to the Student Code, will have its first meeting of the year at 7:00 p.m. on Sept. 2 in the Parlor Room of the Kansas Union. It is expected changes to the current search policy will be discussed. All students, whether they live on or off campus, should attend this meeting to tell their senators that they value their privacy. They should remind the administration there is no reason students who choose to live on campus should be forced to accept fewer legal rights than their off-campus friends.