The Journal of College and University Student Housing - Volume 44, No. 3 - 131

Legal Consciousness

the legal requirements for students with documented disabilities and work to provide appropriate accommodations for these students.

feRPA
ferpa is another facet of higher education
that all housing staff must know. ferpa requires that students older than the age of 18
provide consent for the release of educational
records (White, 2007). While there is limited
research focused on the impact ferpa guidelines have within residence halls, one area challenged by some university housing officials is
whether disciplinary records are considered
educational records under the ferpa guidelines. Disciplinary records are, in fact, educational records and therefore subject to ferpa
guidelines (White, 2007). an amendment of
ferpa with the higher education reauthorization act (hera) in 1988 gave universities
the opportunity to notify parents or guardians
of instances of underage drinking on-campus
in an effort to minimize risky drinking behavior (Cosden, gauthier, & hughes, 2013). in
a study conducted by Cosden, gauthier, and
hughes (2013), students reported that while
parental notification did increase communication with parents surrounding alcohol use and
any legal issues, it had an impact on the students' autonomy.

Search and Seizure
search and seizure policies in residence halls
and the role of the residence life staff in these
incidents are multifaceted. the front-line staff
(i.e. resident assistants) must be careful to
follow the college/university protocol when entering a student's room, performing a search,
or conducting a health/safety inspection. at

While there is limited research
focused on the impact FERPA
guidelines have within residence
halls, one area challenged by
some university housing officials
is whether disciplinary records are
considered educational records
under the FERPA guidelines .

the executive level (i.e. chief housing officers),
the student's right to privacy and the state/
federal legal issues associated with search and
seizure must carefully be evaluated and written
into resident assistant handbooks and department best practices.
"In light of the significant student privacy
interests involved, it is critical that college
and university administrators fully understand
a student's Constitutional rights under the
Fourth Amendment. Failure to respect these
rights may result in the institution and its
employees being held civilly liable, and/or
seized evidence being suppressed, typically in
a criminal case" (Lemons, 2012, p. 76).

Clery Act
While housing personnel can create best practices to ensure the safety of their residents,
students residing on-campus also can take
precautionary measures to ensure their own
safety. Crime reporting and timely warnings of
on-going or serious threats can assist students
with adjusting their behavior to protect themselves on-campus and within their housing

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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