NU administration questioned about legality of student room searches

By Natasha Waggoner
Norwich Guidon Staff Writer

On January 15, 2002 Commandant of Cadets and Vice President for Student Affairs Col. Mike McKean held a meeting with all the juniors and seniors of the corps. In this meeting, McKean was asked about the legality of the school having the right to search the student's rooms and private property.

According to McKean, the university administrators, including the commandant and his staff, have the authority to inspect and/or search all cadet quarters at any time and cause all wardrobes, lockers, boxes, containers or luggage to be opened and confiscated and to confiscate illegal and unauthorized items such as controlled substances, fireworks, firearms, and unauthorized appliances.

"The First Amendment of the Constitution is only effective against the government (public); it doesn't operate against the private sector," said Benson Scotch, Executive Director of the Vermont Chapter of the American Civil Liberties Union (ACLU). "Private institutions can do whatever they want unless they have an agreement with their students that says something else."

Upon enrollment and registration in classes at Norwich University, students sign up for the rules and regulations already set. Part of signing in as a student with the university is acknowledging that one is to abide by the rules and regulations of the university, according to McKean.

"In a normal civil setting, warrants are required if there is probable cause," said Michael Popowski, attorney at law in Northfield, Vt., and counsel to Norwich University. "Because [Norwich] is a private institution and because various practices have been set down and set out, the university can call in the police or other authorities or, assuming it's not a serious felony, can pursue it on their own."

In the Corps of Cadets, the "searches" usually take the form of a safety inspection, conducted by the commandant's office when the students are away on breaks.

Commandants and facilities staff go through all rooms before and during vacations to ensure that windows are locked, electrical equipment is shut off and health standards are being maintained, according to McKean. The same procedure is followed for civilian students.

"That is the same policy for both lifestyles here. The intent of this policy is merely health and welfare," said McKean. "The university also reserves the right as a private institution and private property to inspect anything on campus and that comes onto the campus."

McKean also said that the university administration will only proceed to a further search if they see contraband in plain sight.

"If the contraband is in plain view, and certainly if it's unlocked, it can be searched," said Popowski. "If you find something that leads you to believe there's a piece of evidence, and it's all in the open, and you see something like a trunk with something on it that made you believe that there's more evidence inside there, and the trunk is open and in plain view, to search them wouldn't be a problem."

The university also reserves the right to search cars.

'If [McKean] has probable cause to believe that cars parked on our property, licensed by us with stickers to be parked on our property, are containing the fruits of a crime, or the indicators of other wrongdoings or rules violations, I believe he is totally within his rights to have the operator present and request to look through the cars," said Popowski.

"I have no reason to go out and search everybody's car and say, 'Gotcha!' I'm going to do normal health and welfare occasionally during room inspections and pick two or three people and go check their car," said McKean.

He said that if he had probable cause, things might be different, because then his selection of the student in question wouldn't be random. "If I have reason to believe that you are a student who has weapons, alcohol or some sort of contraband in their vehicle, then I will go get that student and say let's look in the vehicle."

These policies have been stated both verbally by McKean and in written form in the school's rules and regulations.

"I have verbally told everybody based on all the stuff I've found over the past three or four months of knives and pellet guns, alcohol, ninja paraphernalia, illegal items like brass knuckles, that I'm going to conduct searches," McKean said.

He maintains that the room search policy is not a "witch hunt," as some students allege. "It isn't a witch hunt; I've told everyone; I've shown them what in fact is illegal and what I'm looking for. I'm not hiding anything; I'm not disguising anything; and I'm not violating anybody's rights. I've told everybody I'm going to do this, and I've given everybody time to get rid of it."

McKean said that his job here is to help and protect the students, along with everything they have. The purpose behind the inspections is merely health and welfare and the protection and safety of the student body.

"If I were doing a witch-hunt, I wouldn't tell anybody; I'd surprise you. I have no reason to do that," McKean said.

He added that the room search policy is not new. "Whether it's been looked at in the past I can't answer, but I can tell you that I want to protect our student body, and I'm not about to let weapons on this campus of any nature," said McKean, adding, "this is no mystery, and this should not surprise a soul. I'm protecting everybody else's rights. I'm protecting your right to be safe."

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