College Dorm Search

[zmwendland]

What is the name of your state (only U.S. law)? Texas

I attend TCU, a private institution. My room was searched yesterday and I was found in violation of the drug policy. This is my second offense, so I will probably be forced to withdraw from school. HOWEVER, I feel that several of my rights were violated due to what is stated in the student handbook.

Page 48, Section 1:

1. Every effort will be made to notify the resident(s) in advance and to have the resident(s) present at the time of entry.

I was not notified at the time of entry, and no effort was made to make sure I was notified or present. Only my roommate was there, and my roommate showed them where I was hiding marijuana. The amount of marijuana found was probably less than .2 grams.

2. The student, if available, will be advised of the suspicion and allowed to be present at the time of the entry and search

I was available, and was not advised of the suspicion nor allowed to be present during the search.

4. A receipt acknowledging the administrative inspection and any confiscated items will be presented to the student. This includes safes that students refuse to open at the time of inspection.

I was never given a receipt of any kind.

Is there any way I can finagle my way out of this mess? Are these technicalities enough to get me off? I can post the student handbook for anyone inquiring.

PLEASE HELP ME!

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

I attend TCU, a private institution. My room was searched yesterday and I was found in violation of the drug policy. This is my second offense, so I will probably be forced to withdraw from school. HOWEVER, I feel that several of my rights were violated due to what is stated in the student handbook.

Page 48, Section 1:

1. Every effort will be made to notify the resident(s) in advance and to have the resident(s) present at the time of entry.

I was not notified at the time of entry, and no effort was made to make sure I was notified or present. Only my roommate was there, and my roommate showed them where I was hiding marijuana. The amount of marijuana found was probably less than .2 grams.

Your roomate was there and present and she gave you up. You violated the drug policy.

2. The student, if available, will be advised of the suspicion and allowed to be present at the time of the entry and search

I was available, and was not advised of the suspicion nor allowed to be present during the search.

Your roomate was.

4. A receipt acknowledging the administrative inspection and any confiscated items will be presented to the student. This includes safes that students refuse to open at the time of inspection.

I was never given a receipt of any kind.

Well you can't count. What did number 3 state? You want a receipt for marijuana? Really?

Is there any way I can finagle my way out of this mess? Are these technicalities enough to get me off? I can post the student handbook for anyone inquiring.

PLEASE HELP ME!

Quit breaking the law.
Read the dorm agreement you signed. While they may try, most likely they are entitled per that agreement to search your room if they suspect illegal activity. If you didn't learn after the FIRST time you were caught, you aren't smart enough to continue in college.

 

[dave33]

What is the name of your state (only U.S. law)? Texas

I attend TCU, a private institution. My room was searched yesterday and I was found in violation of the drug policy. This is my second offense, so I will probably be forced to withdraw from school. HOWEVER, I feel that several of my rights were violated due to what is stated in the student handbook.

Page 48, Section 1:

1. Every effort will be made to notify the resident(s) in advance and to have the resident(s) present at the time of entry.

I was not notified at the time of entry, and no effort was made to make sure I was notified or present. Only my roommate was there, and my roommate showed them where I was hiding marijuana. The amount of marijuana found was probably less than .2 grams.

2. The student, if available, will be advised of the suspicion and allowed to be present at the time of the entry and search

I was available, and was not advised of the suspicion nor allowed to be present during the search.

4. A receipt acknowledging the administrative inspection and any confiscated items will be presented to the student. This includes safes that students refuse to open at the time of inspection.

I was never given a receipt of any kind.

Is there any way I can finagle my way out of this mess? Are these technicalities enough to get me off? I can post the student handbook for anyone inquiring.

PLEASE HELP ME!

Well, it seems they obviously neglected to follow their own policy. Although this is obvious I don't know if this can benefit you in any way.The reality is you are lucky they did not involve the police.

What is the next step? Is there some sort of hearing?

 

[zmwendland]

Well, it seems they obviously neglected to follow their own policy. Although this is obvious I don't know if this can benefit you in any way.The reality is you are lucky they did not involve the police.

What is the next step? Is there some sort of hearing?

I have a hearing tomorrow and I can either withdraw without any penalty or I can go through the appeals process.

 

[zmwendland]

Your roomate was there and present and she gave you up. You violated the drug policy.



Your roomate was.


Well you can't count. What did number 3 state? You want a receipt for marijuana? Really?



Quit breaking the law.
Read the dorm agreement you signed. While they may try, most likely they are entitled per that agreement to search your room if they suspect illegal activity. If you didn't learn after the FIRST time you were caught, you aren't smart enough to continue in college.

Number 3 didn't pertain to anything. Instead of being a smart ass, why don't you give some LEGAL advice. I don't care about your opinion, and this isn't an opinion board. This is all from the agreement that I signed, and none of these rights were given to me during the search. If you plan on being bigoted towards my situation just because of your own personal beliefs, please do not respond to this post anymore. Thank you.

 

[dave33]

I have a hearing tomorrow and I can either withdraw without any penalty or I can go through the appeals process.

What do you mean "withdraw without any penalty"? You mean you can not show or not defend yourself and that will not have a negative impact on their decision?
Whom do you have a hearing in front of?

 

[justalayman]

Number 3 didn't pertain to anything. Instead of being a smart ass, why don't you give some LEGAL advice. I don't care about your opinion, and this isn't an opinion board. This is all from the agreement that I signed, and none of these rights were given to me during the search. If you plan on being bigoted towards my situation just because of your own personal beliefs, please do not respond to this post anymore. Thank you.

Ok, how about this:

you are screwed. You got caught with dope a second time. You are out on your ass if that is what the school wants to do/


You have no defense. Even if this was a criminal situation, you still wouldn't have any defense but it isn't so the rules that apply to a police search don't apply.

 

[zmwendland]

What do you mean "withdraw without any penalty"? You mean you can not show or not defend yourself and that will not have a negative impact on their decision?
Whom do you have a hearing in front of?

If I withdraw, then the records of disciplinary action will be expunged and it will be as if I never attended school here. If I decide to go through the appeals process and I end up being found guilty, then I will be expelled and will forever have that on my transcripts. This is what the dean in charge of my case told my father. She also said that there was little to no chance that I could win an appeal. Am I sensing an unfair bias? The appeal is in front of 3 faculty members at the university. I am not sure if they are chosen at random or not. I know this is not a court of law, which makes me unsure if I can get off based on these technicalities coupled with my suspicion of an unfair and biased appeals process.

 

[TheGeekess]

Number 3 didn't pertain to anything. Instead of being a smart ass, why don't you give some LEGAL advice. I don't care about your opinion, and this isn't an opinion board. This is all from the agreement that I signed, and none of these rights were given to me during the search. If you plan on being bigoted towards my situation just because of your own personal beliefs, please do not respond to this post anymore. Thank you.

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[dave33]

What is the name of your state (only U.S. law)? Texas



I was not notified at the time of entry, and no effort was made to make sure I was notified or present. Only my roommate was there, and my roommate showed them where I was hiding marijuana. The amount of marijuana found was probably less than .2 grams.

Why are you being blamed? Your roomate was there and had specific knowledge of where to find hidden items. Why are they not suspicious of him?

This is significant. It is just as likely (from the facts provided so far) that the drugs belonged to your roomate.

Do not forget, the result of these proceedings could potentially have a huge impact on your future. Admit to nothing!

 

[OHRoadwarrior]

From a legal perspective, you were really stupid to violate the schools drug policy twice. If you want to compound your problems by going on record and admitting you broke the law, so you can potentially be prosecuted, while at the same time, having it recorded forever that you were thrown out of college, which will make it likely you are never accepted into another school, go for it. Logic would say walk away with a spanking and a gimmee. FYI, unless these were real police officers, their testimony, with your admission, could convict you in criminal court.

 

[zmwendland]

Why are you being blamed? Your roomate was there and had specific knowledge of where to find hidden items. Why are they not suspicious of him?

This is significant. It is just as likely (from the facts provided so far) that the drugs belonged to your roomate.

Do not forget, the result of these proceedings could potentially have a huge impact on your future. Admit to nothing!

Very true. I have not admitted guilt to anyone. I had not even considered going that route. The marijuana was inside an unopened printer box. Was anything violated by them opening my personal property?

 

[dave33]

If I withdraw, then the records of disciplinary action will be expunged and it will be as if I never attended school here. If I decide to go through the appeals process and I end up being found guilty, then I will be expelled and will forever have that on my transcripts. This is what the dean in charge of my case told my father. She also said that there was little to no chance that I could win an appeal. Am I sensing an unfair bias? The appeal is in front of 3 faculty members at the university. I am not sure if they are chosen at random or not. I know this is not a court of law, which makes me unsure if I can get off based on these technicalities coupled with my suspicion of an unfair and biased appeals process.

First off, this should not be an appeal because you have not been found guilty yet. The fact they call this an appeal shows you are considered guilty bvefore any sort of procedure. That is the very definition of bias.
Well, at least they are giving youm an out (withdraw). Itn seems they strongly want you to take this option. They can basically force you not to appeal the process if the above statement is accurate. I just have no idea what it takes to win an appeal. I also know nothing about the hearing procedure. If you are considering doing anything but withdrawing In would strongly recommend some representation. I don't think anyone (without having gone through the same situation as you) can advise you in this capacity.
Tomorrow ask if you can have an attorney represent you during these hearings. Even though they have a school policy, they still cannot break the law, maybe an attorney can help you in this regard. goodluck.

 

[OHRoadwarrior]

Very true. I have not admitted guilt to anyone. I had not even considered going that route. The marijuana was inside an unopened printer box. Was anything violated by them opening my personal property?

Read the rental agreement and school policies you signed. Likely they did nothing wrong.

 

[dave33]

Very true. I have not admitted guilt to anyone. I had not even considered going that route. The marijuana was inside an unopened printer box. Was anything violated by them opening my personal property?

Like I indicated before, I'm just not sure, and even if they did I don't know if this woulod help in your hearing. You need someone with specific knowledge. This is to important to just lay down. Again, goodluck.