Student Rights:

As a Boston College student, it's important that you know exactly what your rights are in order to maximize your BC experiece while remaining within the boundaries of the rules set by the University.  In order to educate students, UGBC compiled interviews with members of the Boston College Police Department, the Office of the Dean for Student Development, and the Office of Residential Life. 

A Guide to Your Rights

Undergraduate Government at Boston College

2009 - 2010

BOSTON COLLEGE POLICE DEPARTMENT

Source: Interview with Chief Robert A. Morse, Boston College Police Department (May 2009)

Can outside media enter residence halls?
No. All residence halls are private property and outside press has no rights to come in. Boston College has a press department that handles all university press releases and all outside press needs permission from the press department to be on campus.

Do I have a right to refuse a breathalyzer? To be taken to the infirmary/Hospital?
Yes, you always have the right to refuse a breathalyzer. Using a breathalyzer is a right that you have to determine whether or not you are intoxicated. However, you do not have the right to refuse being transported to the hospital if you are in a serious condition after consuming alcohol.

How is BCPD’s role different from the Boston Police on a football game day?
First, it is important to remember that BCPD is working for the students to create a safe environment. That being said, BCPD staffs police officers who understand student life on campus. Both BCPD and the Boston Police are trained to the same standards. On a football game day, the city of Boston requires Boston College to have a certain number of officers on campus to enforce rules.

Do you always have to carry an ID?
It is always to your advantage to carry your BC ID, since it is a sign that you are part of the Boston College community and will then be treated as such if stopped by a BCPD officer. BC ID’s must be presented at the request of a University Official.

What are the rules about outsiders in the dorms/other campus buildings?
Trespassing is always subject to arrest and BC students should call BCPD immediately if they notice an outsider in their building.

When can/does BCPD tow my car? A visitor’s car?
See the BC website www.bc.edu/offices/transportation for more information. Generally, on weekends, the lots are open for visitors from 3 pm Friday to 12 am Sunday.

What is BCPD’s relation with the Boston Police? Can/Should a student get in contact with BCPD is we get in trouble with the Boston Police?
If you are in trouble with the law, police department power is in each department’s jurisdiction only. That means that BCPD only has sheriff power in the city Boston. BCPD cannot intervene unless Boston Police requests BCPD help with a case. This happens quite often since BCPD maintains a strong relationship with the Boston Police.

If I am underage at a party, will I get in trouble?
You will only get in trouble with the law if you are seen with a drink in your hand or are determined to have been drinking alcohol. These rules are different in relation to student judicial punishment through Residential life or ODSD.

What are my rights if I am stopped by a police officer in my building? Outside? At a sports game? In a dinning hall?
Your rights are the same no matter where you are on campus. BCPD are not normally in the residential halls. BCPD must always have a reasonable suspicion in order to stop a student. This suspicion is generated through use of all senses including touch. In other words, BCPD does not have the right to open your bag but they do have the right to touch it. If BCPD has reasonable suspicion, they can enter the room and search unless a student asks for a court warrant. At that point, the case is frozen until the police officer comes back with a warrant to search the room thoroughly.

If I am 21, but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?
If you are 21, you are responsible for any underage drinking in you apartment. The only alcohol allowed in your room is enough for personal consumption.

I had an incident with a member of the Boston College Police Department.  How do I file a complaint with the BCPD?
On the BCPD website, there is a section entitled "Compliments and Complaints".  BCPD investigates all complaints that are submitted through this site.   

Other points

• Possession of a false ID is a felony, but the production of false IDs may lead to expulsion from the University.
• Kegs are not allowed on campus ever. In fact, a person is not allowed to transport more than one keg at a time since it surpasses the amount of alcohol one person can transport without a license (7.5 30 racks or 1 keg)
• 99% of the times students consent to having BCPD search their room if they only have enough drugs for personal consumption, since a court warrant means the problem must go beyond BC to criminal court.
• 75% of incidences on campus are alcohol related.
• Always call #4444 if you are suspicious of something. BCPD would rather respond to 15 false alarms than miss a real emergency.

BOSTON POLICE DEPARTMENT

Source: Interview with Officer Daniel J. Daley, Boston Police Department; The Guide to Quality of Life Issues Prepared by the Office of the Legal Advisor and the District 14 Community Services Office

Do Boston College Police have any jurisdiction off campus?
Boston Police alone have jurisdiction off campus. Boston College Police can intervene in a situation off campus, but must then call Boston Police. If an incident involving a BC student occurs off campus and is dealt with by the Boston Police, Boston College will be notified. This is part of the code of conduct Boston College students agree to, regarding life off campus.
On campus, Boston College Police are responsible for enforcing all laws of the Commonwealth of Massachusetts. While Boston Police have jurisdiction on the Boston College campus, they will not come on campus unless asked by the Boston College Police, or on football game days.

What is the policy on underage drinking on the BC campus on football game days?
The Boston Police has a zero-tolerance policy regarding underage drinking. This reflects both the laws of the Commonwealth of Massachusetts and the rules of Boston College.

Can Boston Police enter an off campus residence?
Boston Police can enter an off campus student residence in response to a disturbance of the peace complaint. Boston Police have the authority to enter the residence, whether they are invited in (the door is opened for them) or not. Boston Police can arrest students if and when they are breaking the law.

Alcohol Laws

• Open Containers: It shall be unlawful for a person to drink from or possess an open container of alcoholic beverages, in or upon any public way, in any park, or playground, or on the private property of another without the consent of the owner.
• Procuring alcohol for underage persons: No person shall agree to procure for or deliver to an individual under the age of 21, any alcoholic beverage, sealed or open. The burden of ascertaining whether the recipient is at least 21 years of age is on the person delivering the beverages.
• Fake IDs: No person shall willfully misrepresent his or her age or in any way alter, deface or otherwise falsify his identification offered as proof of age with the intent of purchasing alcoholic beverages.
• Transportation of alcohol: No person under the age of 21 and who is not in the company of a parent or legal guardian shall knowingly possess or transport any alcohol. This section does not apply to a person between the ages of 18 to 21 acting in the scope of his or her employment. A police officer may arrest without warrant any person who violates this statute.
• Social host liability: Social host liability stems from a common law theory of negligence, in circumstances in which the host has served or provided liquor to an intoxicated guest and the intoxicated guest subsequently causes harm or injury to a third person. This theory of liability proceeds from the duty of care that accompanies control of the liquor supply.

Noise Ordinances

• Disturbing the peace: It shall be unlawful for any person in a residential area within the City of Boston to disturb the peace by causing, or allowing to be made, unreasonable or excessive noise. Any person who is aggrieved by a disturbance of the peace may notify the police. In response the police shall verify the noise level, and may make an arrest or file an application for a criminal complaint. In addition, the arresting officer may seize any loud amplification device as evidence.
• Loud amplification devices: It shall be unlawful to use a loud amplification device in a manner that creates unreasonable or excessive noise in or on a motor vehicle, in a public way or place, and in or on residential premises. “Loud amplification device” includes, but is not limited to, radios, televisions, phonographs, stereos, record, tape and compact disc players, loud speakers, or sound amplifiers.
• Unreasonable noise: Noise measured in excess of 50 dBa (weighted sound level in decibels) between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70 dBa at all other hours shall be considered unreasonable or excessive. In the absence of noise level standard, any noise plainly audible at a distance of 300 feet, or in the case of loud amplification devices 100 feet, from a person of normal hearing shall be considered unreasonable or excessive.

Landlord-Tenant

• Liability of landlord for actions of a tenant: A copy if each violation notice for disturbing the peace shall be sent to the landlord. The landlord shall not allow repeated violations of these ordinances, after notice thereof.
• Discrimination: A landlord may not discriminate in rental properties bases on an applicant’s race, color, religion, national origin, sex, age, ancestry or marital status. All suspected violations can be reported to the Lawyer’s Committee of Civil Rights. In addition, a landlord may not terminate a tenant’s lease in retaliation if the tenant exercises the legal right to report housing or building code violations or other rights provided by the statute.

ON-CAMPUS CONDUCT SYSTEM

Source: Brent Ericson, Associate Dean, Community Standards, Office of the Dean for Student Development (June 2009)

Am I responsible for my non-BC visitors? Do I get in trouble for my non- BC friends’ actions? What kind of ID should my non-BC friends carry?
Students are responsible for their guest regardless of the circumstances. Visitors are not required to have a college ID, but it is recommended that they carry some ID for their own safety.

How is BC involved in issues between students off campus and their respective landlords?
BC has various resources to educate and aid students living off campus. Dean Pualette Durrett in the Office of the Dean for Student Development and Maryanne Carraba in the Residential Life department are both vital resources for any off campus issues. In the fall of every year, the Off Campus Housing directors in the Residential Life department put on informational sessions about off campus life, including how to find and lease apartments. UGBC.org has also been revamped to offer greater utility to off-campus students. Visit our website and you will find places to submit and review apartment and real estate agent evaluations from students who may have lived in your exact apartment. Additionally, you will find information regarding important laws, lease agreements, and important contacts. If you have any ideas about how we can better serve the needs of off-campus students, please let us know.

Where can I turn to find legal help or representation?
BC cannot assign or find an attorney for a student who is involved in a legal situation. There would be risks in liability if they were to refer lawyers and the case was lost. Although, there is a pamphlet for a Lawyer Referral Service that BC provides to students. BC also encourages students to employ lawyers who practice in the court of the city where the trial is taking place. The Brighton district deals with BC students’ trials most often.

The Undergraduate Government of Boston College provides Student Rights Advocates who serve as advisors to students at judicial board hearings. They can also represent those who wish to file grievances against University policies, procedures, or personnel. They contact the appropriate University offices and investigate all complaints until a resolution is achieved, either by the student withdrawing the grievance, or by the University rectifying the error. To contact a student rights advocate, stop in the UGBC office at 21 Campanella Way, 2nd floor, or call 617-552-3499.

What are the sanctions a student faces when they have violated the rules pertaining to academic integrity?
The academic administration within specific schools (College of Arts and Science, Carroll School of Management, and the Lynch School of Education) is responsible for dealing with student violations of academic integrity.

RESIDENTIAL LIFE

Source: Interview with Monica St. Louis; Assistant Director, Community Standards, Office of Residential Life (May 2009)

Conditions for Residency 2009-2010, can be found online here.  

Can University Staff enter residences without the permission of the residents?  Under what circumstances can an RA enter my room?
Yes, in order to ensure a safe and secure environment, university staff can enter student rooms without consent for safety inspections, facility repairs, room checks, evidence of emergency, suspicion of medical emergencies, suspicion of conduct that is prohibited in BC's handbook and Residence Hall agreement.  The responsibility is on the students to be sure they are not violating university housing rules.  Except in cases of an emergency, a complete search of the contents of a student's room will only be made with: (a) his/her consent; (b) with a University Search Warrant issued by the Vice President for Student Affairs or his designee; or (c) with a duly authorized search warrant from a local court.   

What is the difference between a plain-view search and a complete search?
Plain-view searches involve University Staff (not just RA's) entering the room, and viewing the present situation.  Students are required to comply with the staff, and not impede their search. Failure to comply with University Staff is a violation of Residential Life's Conditions for Residency.  A complete search is conducted by the BCPD, when they have suspicion of a serious offense, and can be made under the circumstances stated in the previous question.    

Clarify cohabitation policy: What specifically constitutes cohabitation? Is it only an issue if my roommates object?
The answer to this question is included in Boston College’s Guest Policy: Guests are defined as any person not registered to the room. Guests of the opposite sex are not permitted to remain overnight. Sexual activity between or among members of the same or opposite sex is prohibited in the residence halls and is subject to disciplinary action.

Are underage students in trouble for being in the presence (in the same dorm room) of alcohol even if they are not necessarily drinking?
See Boston College Police Department section.

If I am 21, but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the my room at all?
See Boston College Police Department section.

Is there a standard penalty for being caught with alcohol in my room? What can I expect from meeting with my RD afterwards?
In the interest of clarity and transparency, the University has established minimum, mandatory sanctions for policy violations.  No sanctions will be imposed without a meeting with a professional staff member. Upon meeting with your Resident Director, you will be able to have a conversation with him or her about the incident. The severity of the situation does not necessarily dictate who you meet with. The Community Standards Sanctions can be found here.  

If an RA breaks up a party in my room and finds alcohol that was brought by someone else who does not live in my room, are my roommates and I still accountable because we allowed it into our room?
Students are responsible for all activities occurring within their room or apartment and their guests. This would include any improper behavior and/or damage to the property in their absence. Mod residents are responsible for the immediate environment of their Mod, including their front porch and backyard.

What are Health and Safety Inspections?
Health and safety inspections are plain-view inspections of the residence halls to verify there are no health related or fire safety issues within the community.  These are performed randomly by professional staff members.  

What happens to items confiscated during Inspection?
Items that are not permitted in BC residences will be confiscated during room searches.  These items are delivered to the office of the Resident Director, and then recycled or disposed of by University Staff.  Students forfeit ownership of these items when they violate university rules.  

Sanctions Process

Adapted from ODSD's Guide to Policy Violations  

An incident involving alcohol has occurred, and I was documented.  What happens next?
You will be contacted by a professional staff member in Residential Life or by the Office of the Dean for Student Development.  Depending on your involvement in the incident, you may be asked to set up a time to meet with a professional staff member to discuss the nature of the incident and to resolve the matter.  Typically you will be contacted after a few business days.  Thus, if an incident occurs on Friday night, you will be contacted the following Tuesday or Wednesday.    

What happens at this meeting?
The purpose of this meeting is not to be punitive, but rather to process the incident, your decision making process, and Boston College community standards.  The professional staff member will go over the report and listen to your perspective on the incident.  Then he or she will make a determination on whether or not you violated a Boston College policy or community standard.  If you are found responsible for a violation, the professional staff member will select appropriate sanctions. 

What are possible sanctions?
Sanctions are intended to be educational in nature so that students learn from the experience and the behavior(s) are not repeated in the future.  Sanctions may range from warnings, probation, attendance at an educational program or meeting, referral to a counseling program or therapist, work project or community restitution hours, or another sanction deemed appropriate for the violation.  

How will these sanctions be determined?
residential Life and ODSD staff will use their discretion when deciding on sanctions.  They will consider any past incidents, the facts detailed in the incident report(s),your perspective, and you as an individual student.  Please consult the Community Standards Sanctions.  

What if my case was referred to a hearing board?
There are two kinds of hearing boards.  The Student Conduct Board is made up of students, and the Administrative Hearing Board is made up of faculty and staff members.  Typically cases are referred to a board if the facts of the case are not clear or are contested.  Cases heard before the Administrative Hearing Board are generally more severe, where students could face suspension or dismissal from the University.  Please see the Student Guide for more information. 

Will my parents be notified?
Parents are sent copies of sanction letters if a student is under the age of 21 and a controlled substance (including alcohol) is involved, or if you are or will be in jeopardy of losing your housing privileges, or being suspended or dismissed from the University.  This is not to be punitive, but to involve your family in the educational process.  We advise students to discuss an incident with parents prior to a letter being sent home - it may be better for them to hear it from you first.  

Will there be a record of this incident?
If a student is found responsible for a violation, this information will be kept on file until graduation.  In most severe violations, a record may be kept for a period of three years after graduation.  Students should be aware that they may be asked to report disciplinary records to employers, study abroad programs, graduate schools or other stakeholders.  The Office of the Dean for Student Development will NOT release these records to external entities without your consent. 

How can I access my conduct records?
Conduct Records can be viewed in the ODSD office.  You may view and take notes of the records, but records are not allowed to be taken outside of the ODSD office.  please contact the ODSD office to arrange a time to view your records.