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Pictures as Evidence on Room Doors

Dear all,

I am posting this situation for a Quad Colleague of mine:

If a RHD walks by a residents room door and notices a PICTURE of the residents who live in that particular room drinking beer with a funnel, and they are all underage, can the RHD hold these residents in violation of the alcohol policy and provide full disciplinary sanctions based only on a picture? Can the RHD take the picture off the door and use it for evidence? Should the RHD leave the picture on the door and just take a picture of the picture with a digital camera?

What would any of you do in this situation if it happened on your campus / residence hall?

This sounds like a great case study!

Thanks,

Brian C. Steinberg
Ammann College RHD
SUNY-Stony Brook

http://www.residentassistant.com/reslifepro
"The Premiere Web Site for College and University Residence Hall Directors"

This does sound like a great case study.

If it were me I would talk to that RA. I would bring this picture to their attention and
note the policies regarding alcohol. I am sure in the RA contract this behavior can be
addressed and I would do that. I would inform the RA that this picture needs to come down
immediately and if this is the first offense (depending on your policy) I would let them
off with an extremely strong warning. If there has been previous policy violations then I
might give them a "fee bee" or proceede with the next step for policy violation. Good
luck and hope this was helpful.

Aretha Milligan
Resident Director
Captiol College
Laurel, MD
301-369-2800 ext. 3069

Take a picture of the door with the picture, then see if you can identify
the room, as being their room, identify the beverage and send it for
judicial sanctioning as the hallway is common area. Meet with the
residents to discuss the violation and see what they have to say.

From: Mike Bartosch
Sent: Tuesday, October 10, 2000 10:33 AM
To: 'bsteinberg@notes.cc.sunysb.edu'
Subject: RE: discuss-h: Pictures as Evidence on Residence Hall Room
Doors?

I would not be inclined to initiate a judicial process solely based upon a
photograph of students who appear to be violating policy. A few reasons
that come to mind are:

1)It may be difficult to prove that the beverage being consumed was alcohol

2)Unless it can be positively ascertained from the photo, the behavior may
not have occurred on campus, and may not be within the jurisdiction of your
conduct process

3)Even if you are sure from the photo that it clearly represents alcohol
having been consumed illegally within your jurisdiction . . I would not
pursue it with a formal conduct proceeding. It may be appropriate for the
RHD to engage the students in an educational conversation about the
potential consequences, but I think I'd stop at that.

In my view, the photo belongs to the students, not the university.
In my view, the act of taking a photo of their photo so you would have
evidence would seem to escalate things well beyond reason. The image that
this would give to these students, and the reputation that your conduct
system would get as a result would not be helpful to anyone in the long run.

Maybe someone can answer this one from a more formal, legal perspective. I
am just answering it based on my first impressions and gut feeling.

Mike Bartosch
Facility Manager, University Residences
Western Washington University
Bellingham, WA 98225-9195
(360) 650-3475 (voice and voice mail)
(360) 650-6890 (FAX)
bartosch@housing.wwu.edu <mailto:bartosch@housing.wwu.edu> (e-mail)

"Being happy doesn't mean everything's perfect;
it just means you've decided to see beyond the imperfections."

Brian,

A certainly interesting set of circumstances. I would not take the picture
off the door or take a picture of it. The picture itself would not be
enough to determine if a policy violation exsisted. I assume a variety of
fluids can be consumed through a funnel. The picture does allow you to "ask
the question" of the students. Indicating to them that I saw the picture
and asking them the nature of the activity would be my choice.

Hello Brian,
I decided to send this directly to you versus using the list. After
reading this scenario several things popped in to my mind.

1. Can you really tell where the "drinking" occurred? Was this an
on-campus event or a off campus event. Do you know for sure if the the
student was consuming alcohol? Can you tell by looking at the picture.
If it was an on-campus event and the student was consuming alcohol then
you could possibly bring full disciplinary actions against the student
depending on your alcohol policy for your campus. However, I would shy
away from this. I would take more of an educational approach with this
situation. If you go forth with the full discplinary action, the student
may feel that you are being the "police" simply becuase of the way you
gain the information and may disregard anything you say in the judicial
proceeding. By taking the educational the approach, the student may
feel less threaten and actually listen to what you have to say. It seems
to me the desire outcome it to education the student on under age
drinking, binge drinking, and its effects.

2. You asked about removing the picture from the door. Once again, I
would shy a way from this. Even though the picture has brought up
concerns for you, the picture is his/her personal property. I would once
again have a conversation with the student about what is appreciate and
inappropriate to put on his/her room door.

These are just a few of my thoughts. I hope that they are helpful

Michelle N. Carter
Area Coordinator
University of Central Arkansas

Brian,

We had a similar situation here but the photo was posted on a hall
bulletin board (very smart), was clearly a Lycoming residence hall room
and the student was tipping a beer can. He was held accountable for
violating our alcohol policy.

However, I do think you need to be careful about another person's
property in a private location and being sure the substance is alcohol.
I do think an educational conversation with the student is in order.

Denise

Denise Robinson
Assistant Dean/Director of Residence Life
Lycoming College,
700 College Place, Box 146
Williamsport, PA 17701
570/321-4046
570/321-4337 fax
robinson@lycoming.edu

The content on these pages was originally provided by Brian C. Steinberg, the founder of http://www.theallygroup.org and http://www.safezoneforall.com (Creater of the previous: http://www.residentassistant.com/reslifepro)