Policy infringes on students' right to privacy, creates false authority

Tuesday, February, 16, 2010; 9:54 PM | 13 | | Print

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TOPICS: policies university

With the recent news about the Commission on Student Affairs threatening to withhold funding to the Collegiate Times and the other organizations affiliated with EMCVT, I find it is necessary for Virginia Tech students, faculty, and staff to engage in a debate about our university and the constitutionality of its policies.

Recently, as many of you may have noticed, especially if you live on campus, the alcohol policy has changed here at Tech. Under the old policy, if students under the age of 21 had an alcohol violation with Tech or the law, their parents were not notified. Now, if any alcohol policy is violated and the student is under 21, Tech is allowed to notify his parents without his permission. This is even allowed if the student is over the age of 18 and a legal adult. The university said that it approved this policy “in the hopes that parents/guardians can, if they chose, engage their students in a discussion about their misconduct prior to the imposition of a more serious sanction.”

However, if one is an adult this should not be allowed. Citizens of the United States over the age of 18 are allowed the constitutional right to privacy, unless they give permission otherwise. Neither I nor anyone else I know gave explicit permission for Tech to notify my parents if I violate the alcohol policy. I am aware that I have signed the handbook and told Tech that I realize what the university policy is, but that does not mean that I agree with it, or that it is legal.

I think it is very important that parents are involved in the life of the students while they are in college; however, it is not right of the university to force this upon families. It should be the responsibility of the student, as an adult, to have to tell his parents what he has done and the subsequent punishment for such actions. If he chooses not to, then it is his responsibility to take whatever comes from his actions. If one gets into further trouble, then he has to again take personal responsibility for what they have done. A university cannot force responsibility onto its students or his parents. And, if one is over 18, then they should expect the right to privacy no matter where he is, no matter what he does.

Another matter of Tech policy that needs to be discussed is a section of the Student Code of Conduct. Under section 8, if one must present an identification card at the request of “staff members from the: Athletics, bookstore, dining halls, Police Officers, cadet officers or members of the cadet guard, faculty members, and residence hall staff members or house supervisors, as well as any staff member within the Division of Student Affairs.” If one does not, he will get a failure to comply and it is likely he will be found guilty and incur any punishment that comes along with the guilty verdict.

However, after I think about it, most of these people are not police officers. Under the policy, the official does have to present identification if the student requests it as well, but that does not change the fact that most are not officers of the law. They are not sworn to uphold the law and they do not have any special authority from the nature of most of these positions.

Under this policy, any employee can ask for my identification and I’ll get in trouble with the university if I do not comply. This makes no sense to me. It is one thing if a police officer or security guard asks me to do so; I would most definitely give them my ID. However, in this case he is bound by the law, or in the case of the security guard, he has to call a police officer if they find anything suspicious. But either way, the law is involved.

We, as students, need to engage in a university-wide debate over these policies and whether, as those affected by them, we agree with them. In some cases, it is our fellow students that are making these ridiculous policies. It is important for the university to hear back if we do not agree, so that, if necessary, change can take place.

A version of this article appeared in the Feb 17 issue of the Collegiate Times.

Leave a comment 13 Comments Write a letter to the editor

Anon | # February 17, 2010 @ 9:28 AM — Flag Comment

Gabi,

If you'd like to see change. Start a small legal fund by soliciting donations from like-minded students. Then find two students who have been "convicted" by the university as violating these "laws". Use the funds to file a lawsuit against the University with these students as the defendants and I can almost guarantee VT will take you seriously and drop these unconstitutional restrictions from its' code of conduct. This strategy is exactly how the CT upheld the constitution and if you're serious about holding VT accountable, you should do the same.

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you're stretching | # February 17, 2010 @ 10:27 AM — Flag Comment

So, because they are given the opportunity to contact parents if one is in violation of the policy means they are going to do it to everyone?

This was, in my opinion, a great change to the policy becuase in todays college environment, students are more prone to binge drinking not only on weekends, but during the week, during the daytime, really anytime they feel, and nothing could be done about it. At least this affords the VT administration the opportunity to evaluate a person on a case by case basis to determine if it might be an issue and the kid's parents notified. Its a protection issue first, and a violation issue if they start to abuse it to get people in trouble.

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Brady | # February 17, 2010 @ 10:45 AM — Flag Comment

We're both kind of speculating here, but why wouldn't they contact all offenders' parents? The whole reason they implemented the new policy is because parents were complaining (and rightly so) that their child was suspended on the second offense and they didn't even know about the first.

My undergrad university had a better alcohol policy (in my opinion). For your first offense they made you write a letter to your parents that wouldn't be sent, and take a class on drinking responsibly. Your second offense they would send the letter and put you on probabation, and if you messed up at all while on probation you'd be suspended or kicked out. That allows students one dumb mistake and still gets the parents in the loop before anything too serious happens.

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Anonymous | # February 17, 2010 @ 6:37 PM — Flag Comment

The distinction that was made in the article, however, was between minors and adults. Students 18 and over are adults and should have the full privacy rights given by the Constitution. So, for the same reasons that information regarding academic records, grades, etc. cannot be given to parents without students' permission, information about policy violation should follow similarly.

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