Central Michigan University recognizes and respects the students´ desire for privacy, especially within the context of a community living environment. The university also recognizes its responsibility to encourage and preserve a wholesome living and learning environment on the campus, to provide adequate maintenance and protection of public property, and to protect the health and safety of all persons. These fundamental assumptions are embodied in the following commitments and procedures concerning the entry or search of a university apartment.
The university recognizes that it is difficult to balance the need to encourage and preserve a wholesome living and learning environment and the expectations of privacy of persons living in apartments. As a result, the following procedures have been developed to help define the reasonable expectations of privacy that a person should have in these circumstances, bearing in mind the need for the university, staff, and its residents to help create and maintain an educational learning environment. These procedures also provide a guide for university staff to enable them to perform their duties and maintain certain standards necessary to support the educational mission of the university and its residential community.
The University reserves the right to enter University rooms and apartments under any of the following circumstances:
- By a university employee with the permission of a resident or occupant.
- By a university employee when there exists an immediate threat to the health or safety of the occupants, other individuals, or university property.
- By a university employee in order to complete the opening or closing of the apartment as part of a check-in or check-out procedures of the apartment.
- By a police officer whenever it would be legally permissible.
The University reserves the right to search University student rooms and apartments under any of the following circumstances:
- With permission of the student.
- With a search warrant.
- With permission of the President or designee, or Vice President of Business and Finance or designee, when there is sufficient reason to believe there is a violation of an established University regulation with respect to the health and safety of all residents.
- If the student feels entry or search by University personnel was unjustified, the student may appeal to a special review board.
- The appeal Is timely only if presented in a written statement to the Dean of Students within 3 class days, exclusive of Saturday and Sunday, of said incident, except that if a charge Is brought under the "Policy and Procedures Relating to Student Rights and Responsibilities, "then the student must make the appeal within the time period set forth ´in Section 5.1.3 of the "Procedure" for responding to notice of a charge under the "Procedure."
- A report of the findings will be given to the student, the person alleged to have violated the procedure, the responsible University supervisory officer and the Dean of Students, or designee who will present the recommendation to the Hearing Officer or Hearing Body if convened.
- At the discretion of the Dean of Students or University Hearing Officer or Body, disciplinary action may be postponed until the appeal process is completed.
*NOTE: Any evidence obtained in room entry or search may be used in the University disciplinary process. Such evidence may or may not be used in a court of law.