Ohio Administrative Code|Rule 3342-4-05.1 | Administrative policy and procedures regarding room entry and search in campus residence halls.

                                                
(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 executive director of
			 residence services. The appeal should be in writing and presented to the
			 executive director of residence services 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 univeristy 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 executive director of residence services. 
(f) Police services personnel who may be requested to assist the
				above-mentioned 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 executive director of residence services. 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 executive director of
			 residence services, 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 executive director of residence services
			 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 executive director of
			 residence services. 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 executive
			 director of residence services. The appeal should be in written form and should
			 be presented within ten business days of the actual occurrence. In the absence
			 of the executive director of residence services, the vice president for student
			 affairs will receive the appeal.