The Journal of College and University Student Housing - Volume 44, No. 3 - 11

Contemporary Legal Issues in College and University Student Housing

to have emotional support animals (esas),
which can create unique challenges for administrators, particularly at campuses with
no-pet policies. salimen and gregory explain
the different legal parameters for both service
animals and esas, or assistance animals, and
detail relevant legal precedents that can be
useful in drafting policies governing the incorporation of these animals into college and
university spaces. they also offer advice on
specific language that can be utilized in determining the reason for a student's request
to bring an animal onto campus. given the
potential for disruption, or potential injury
to other students resulting from contact with
a disruptive animal, salimen and gregory's
analysis offers a framework for understanding
and enacting policies to minimize the potential
for litigation.
richard fossey addresses a recurring issue
for residence life professionals: navigation of
legality surrounding how and when student
residence hall rooms can be subjected to
searches by law enforcement officials. as his
analysis demonstrates, courts may be clear
on the fact that students are, via the fourth
amendment, entitled to privacy in their residence hall rooms, as adults inside their domiciles. however, the determination of when and
what constitutes a legal room search requires
an understanding of a variety of contextual
questions including: understanding officials'
motivations in pursuing a search, whether
nonstudents are involved, and consideration
of whether the institution involved is public
or private. fossey's review of key legal decisions regarding residence hall searches offers
a primer for student affairs professionals

seeking to determine how to best protect students' constitutional rights in the event that a
search may be necessary.
tess Barker and amanda l. mclittle pick
up on the theme of protecting students' constitutional rights in their analysis of first amendment issues in public residence hall spaces.
many of the issues they discuss fall into an
increasingly challenging terrain for university
administrators: balancing freedom of speech
rights against university policies designed to
be respectful of and supporting to diversity and
inclusion on campus. Barker and mclittle offer
analysis of the scope and limitations on first
amendment rights as pertaining to studentgenerated speech in a variety of public spaces:
printed and posted materials, communication
on whiteboards and bulletin boards, and items
posted in exterior-facing windows. their analysis offers a dissection of how the specific space
in question (traditional, limited, and non-public
forums) can impact limitations on freedom of
speech as well as the limitations that have been
placed on free speech. the conclusion provides
a framework of questions that housing professionals should consider when navigating free
speech issues within residence halls.
lyke's multi-modal analysis offers an overview of current trends in drug and alcohol use
as a background for a conceptual framework
explaining how student behavior on campuses
is influenced by both interactions with college
and university student housing personnel and
state policies. the realities of new marijuana
laws are shown to have impact on the manner
in which students consume alcohol and
drugs, as well as having added complexities
to framing university policies for campuses in

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The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3
