Author: Sam Slesinger
In just a few days, cannabis users from all over the world will simultaneously celebrate. April 20th marks the counter-culture holiday known as “4:20,” involving what is arguably the most contentious plant of our generation.
This past November, a series of drug busts were carried out by the Administration. In what Campus Safety called the “largest search and seizure” in recent history, five Occidental students accused of distributing marijuana had their rooms searched, were put on trial, and were subsequently prosecuted for their actions. In all, multiple students involved have left the College. Some withdrew, others were expelled and others were banned from on-campus housing. Now administrators, faculty and a prosecuted student recount the sequence of events and the changes that have been implemented since this past fall.
Dean of Students Barbara Avery said “a call from a parent” in mid-November prompted Campus Safety Officers and administrators to search the rooms of five students living in various residence halls on campus. Without notice, and in some cases without their presence, the students’ rooms were searched for suspected drugs and distribution paraphernalia. Following the search and seizure, accused students met with Honor Board and administrators in what one of the five described as a “sneaky” process akin to a C.I.A. investigation.
“You’re dealing with students you are supposed to care about,” he said. “At other institutions [the administration] gives multiple warnings before acting.”
The prosecuted student repeatedly said that the Administration threatened him. “They said I could go to jail for a very long time,” he said. “They weren’t saying anything to help me. It was my first offense. I asked them what I could do and they threatened me.”
Assistant Professor of Philosophy Kory Schaff, who served as a faculty advisor in judicial processes after the investigation, said he felt the searches were not conducted appropriately. “They were ad-hoc, there were different stories from different administrators,” he said.
“Students’ rooms shouldn’t be searched without [them] there.”
Some students said men wearing purple suits were present at the searches last semester. Nieto said the only people present at the searches were campus safety officers, herself and a professional representative of res-life. “I have absolutely no idea where [the purple suit] idea came from,” she said.
On February 1st, a General Assembly meeting was held to discuss the drug searches in a formal setting. Students and administrators dialogued about the events and represented the concerns of the student body. Editor-in-Chief of the Weekly Jake Stevens (junior) asked Director of Campus Safety Hollis Nieto if the November 8 Weekly article about student drug use had anything to do with the room searches. Nieto said she couldn’t remember, but that the article raised Campus Safety awareness.
In a recent interview, President Susan Prager cited the story as a cause for concern. “The Weekly article certainly got my attention,” she said. “I made inquiries to see what our situation was.”
“The idea that the campus treats this casually was of great concern to me,” she said.
Prager also said the Board of Trustees had no impact on the decision to initiate the drug searches. “There was no pressure from the Trustees,” she said.
Schaff felt differently. “Trustee members put pressure on the administrators to do something,” he said.
When asked about the institution’s ability to search students’ rooms, Avery said that the Administration would not search rooms if it didn’t have concrete reason. Avery said that the College is constantly reviewing and revising current policy. In February, the Dean of Students Office created a committee to revise certain parts of Occidental’s drug policy. Members of the Ad Hoc Committee on Search and Seizure Policy include: Schaff, Nieto, Senior Associate Dean of Students Jonathan O’Brien, English and Comparative Literature Studies Professor Raul Villa, Director of Residence Life Keisha Baker, Assistant Director of Housing Services Serenity Blauvelt, Abe Cohen (junior), Joshua Lu (sophomore), Tessa D’Arcangelew (first-year) and Albert Vazquez (senior). Specifically, the committee is re-writing the College’s policy on room entry and searches.
Schaff said that the committee has been working all year to make revisions. “The current policy is vague,” he said.
The College’s regulations currently read: “Representatives of the College (full-time professional staff in the Dean of Students Office, Residence Life and Housing Services professional staff, Campus Safety or Facilities Maintenance staff) may enter a student’s room for regular maintenance, safety and health inspections, emergencies, and with reasonable cause. Examples of reasonable cause include, but are not limited to, searches for weapons or illegal drugs. The Associate Dean of Students shall authorize searches not outlined above…”
The search policies of similar colleges include references to student rights. Vassar College, Macalester College, Reed College and Trinity College, for example, all mention student privacy in the context of search and seizure policy. Macalester College’s “Freedom From Unwarranted Search” section begins, “Macalester College guarantees the student’s right of privacy.” Vassar College addresses room entry procedures by first stating, “While the college respects a student’s right to privacy, it reserves the right to enter any room when the interests of the college, safety, repair or maintenance urgently necessitate.” Oberlin College’s policy states, “Students have the same rights of privacy as any other citizen, and surrender none of those rights by becoming members of the academic community. These rights of privacy extend to residence hall living.”
Occidental’s Student Handbook only mentions “the right to personal privacy” once in the Residence Life and Housing Policies section, at the beginning.
Additionally, Occidental’s Policy allows the retroactive notification of searches that occur when a student is not present: “If the resident is not present during a search, she/he will be informed by Campus Safety that a search occurred and the reasons for the search.” The Oxy student who was prosecuted last semester said he was notified of his room search after it occurred.
Occidental’s standing policy contrasts with comparison institutions, such as Carleton College. “When College maintenance, custodial, or security staff seek access to a student room in a residence hall to make improvements or repairs, the occupant shall be notified of such action not less than twenty-four hours in advance…” Occidental’s Policy has no such provision. “People would come to work in our room and we’d be notified the day of,” the prosecuted former student said.
The provisions of other colleges also outline specific rights and procedures for room searches. Oberlin’s policy includes the following provisions:
1) General room searches are prohibited and may not be authorized.
2) All searches are to be authorized by the Office of the Dean of Students or his/her designee in advance in writing.
3) Students will be notified if a search of their room has been authorized, but they need not be present at the time of the search. The resident may send a witness to observe the search if he/she wishes.
4) The resident has the right to be present during the search and/or to appoint a witness to observe the search […]
7) If a search has not complied with these regulations, College judicial action against the resident(s) may not be taken on the basis of evidence discovered during the search.”
Occidental’s Ad Hoc Committee on Search and Seizure Policy has convened twice since it was created earlier this year, and they plan to meet again this week.
“Our goal was to have this done for a presentation at an upcoming General Assembly meeting before the end of the year,” Nieto said.
The com
mittee designated sections of the Policy to be written by different members, and they maintain discussions on a Blackboard site. Nieto said she is optimistic about the changes being made.
“I feel really good about it. When students take the time to read [the revised policy] they’ll see it’s longer and more complete,” she said.
President Prager said that she will be involved in conversations with the committee after they report their changes.
As for this Friday, Nieto said that Campus Safety will be on alert as always. “Anytime there is as much conversation about a date as 4/20 we have to be aware and enforce policy and state law,” she said. “My hope is that students will act responsibly and don’t put us in a position where we have to enforce these laws.”
The Residence Hall Association is sponsoring an eating contest in the quad this Friday. The “Munch-Off” will take place from 12:30 to 1:30 p.m. and has over 100 confirmed guests on its Facebook event group. President of RHA Marisa Bowers said the association does not sponsor or promote any illegal activity. “It’s more like a play on words,” she said.
For students who feel they, or someone close to them has a substance abuse problem, Emmons Health Center provides confidential counseling services. Director of Communications Jim Tranquada said, “We are concerned with identifying the problem, and steering students to the help they need.”
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