Right of Entry/Search and Seizure

Policy ____ [Number from Table of Contents]

Introduction

Background and Purposes

Attendance at Appalachian State University is a voluntary decision to join the University community. In making this decision, students assume the responsibility to know and abide by the policies, procedures, and rules which the community has identified as basic to its educational mission of developing in students intellect, character, and citizenship. Community living in a University residence hall is one of the means the University uses to fulfill its educational mission. Residence hall living is an extension of the instructional goals of the institution and is intended to be a laboratory for group living through which students should acquire skills and educational experiences consistent with the mission of the University.

Living in a college residence hall at Appalachian is not comparable to living in an apartment, family home, or other private dwelling. Expectations for privacy in a college residence hall at Appalachian are considerably less than one would expect in an apartment, family home, or private dwelling. Residence halls are designed as "group living," in which students share common space and the University determines occupancy and roommates. It is not the intent or designed purpose of residence halls to provide the level of privacy expected in an apartment, family home, or other individual dwelling. Students license space in the residence halls under the conditions set forth in the license agreement. This agreement establishes a more limited expectation of privacy in residence halls at Appalachian than persons would have in their own homes. The Agreement establishes the primary purpose of resident halls as educational. Providing shelter or "housing" is a secondary purpose.

It is the responsibility of resident assistants, residence hall directors, and other residence hall staff to report violations of University policies or law to the Appalachian State University Police and/or appropriate University officials.

No provision in the residence hall contract gives a University official authority to grant consent on a student's behalf to a search of students' living quarters by police or other law enforcement officers. However, a student's room may be entered and searched under the policies and procedures outlined below. Illegal substances (e.g., drugs), stolen property, contraband, and other items or property forbidden by University policy or by the residence hall license agreement seized by law enforcement officers for possible use as evidence in criminal prosecutions will be used as evidence in charges of misconduct under the Appalachian State University Code of Student Conduct or the Residence Life Intervention System as determined appropriate by University officials.

The entry into or search of the living quarters of a student can be conducted by the following people for the purposes and under the procedures detailed below:

• by law enforcement officers, including members of the Appalachian State University Police Department, in the performance of statutory duties and in accordance with legally defined procedures governing search and seizure when there is cause to believe that a violation of a state or federal law is being or has been committed.
• by University custodial personnel to perform routine custodial services.
• by authorized University personnel to ensure that health, fire, and safety regulations are maintained.
• by authorized University and contractor personnel or their agents to make improvements and repairs, including emergency repairs, and to provide routine maintenance services.
• by authorized University personnel and/or law enforcement officers or members of the fire department, in emergency situations to protect students' health and welfare, or to prevent damage to the property of students and the University.
• by authorized University officials when there is cause to believe that a violation of University regulations is being or has been committed. University regulations include, but are not limited to, the Code of Student Conduct, residence hall policies, and provisions of the residence hall license agreement. "Cause" means a reasonable ground of suspicion which would lead a reasonable person to believe that another person is committing or has committed an act in violation of University regulations.

Definitions

Authorized University Personnel

• Ffull-time professional members of the Division of Student Development, excluding clerical personnel.
• Area coordinators, resident directors, and resident assistants.
• Full-time members of the Office of Residence Life and Housing who are responsible for management, maintenance and repair, administration, programming, discipline, or other residence life or housing functions.