<p>The way I understand it, you were drinking in your room with other kids. RA knocked on your door. You opened the door and smelled of alcohol and noises in the background consisted of beer cans and kids.</p>
<p>You're busted but it's not too big of a deal if it's your first time. They'll probably make you do a a quick online course based on alcohol or decision making. </p>
<p>Now, if you are 21 or over, you might be able to defend yourself during the hearing. You could say that you and your friends were out drinking and came back to the room to hang out. This would explain the smell of alcohol and the noise of people in your dorm room.
I'm assuming that you're under 21 so any smell of alcohol on your breath can get you written up and you're guilty as charged. I wonder if the RA took photos of your trash the following day---beer cans, red cups (lol). If so, you can't fight it. Also, other kids may have been questioned by the RA and confirmed what was happening behind closed doors.
Remember, you are dealing with the judicial system of the college and not the judicial system of the courts. The two are very different.</p>
<p>Hopefully, you've removed any incriminating photos of the event from FACEBOOK.</p>
<p>hey guys, thx for the comments and advice.
Honestly, i know I'm being stubborn. And I'm not to crazy about fighting it either. But I swear the RA's were out to get us from the start. I walk outside at times to see how loud we really are - I probably can say you can only hear it if your like maybe 5 feet from our doorstep. keep in mind it wasnt even quiet hours yet and she came rushing at our door already. her only reasoning to check us was because she saw people coming up our stairway. </p>
<p>I guess my only case is that theres no sufficient evidence in my opinion. but if they can imply that I was drinking than Ill see what story I can come up with.</p>
<p>the policy is that students must not drink in the residential area. so I may or may not have drank on school grounds regardless if i was drunk. and since i said no one was there, and that they didnt check my apt for ppl, they have no clue who to ask or background check. They don't look through our garbage haha and we actually keep most of our cups. Everything we recycle and throw out we do ourselves. They don't take pictures or anything like that.</p>
<p>so 1) they technically have no evidence of people, 2) no evidence of alcohol on school grounds. they saw no one that they can question or identify. nor do they have evidence of beer cans.
they are charging me for drinking on school grounds. and i have all the right to not let them in at any cost unless its an emergency. </p>
<p>ill tell you guys how it is, im super nervous lol. the only reason why im fighting it cuz well.. theres no point not to, the res dean told me the consequence can't and won't exceed anything that I originally had to deal with if I had just admitted guilt.</p>
<p>Post back with the outcome of your hearing.</p>
<p>funny, my friend is an RA now and he's the one doing drugs and underage drinking... lol well not at his floor but still.</p>
<p>I always have a hard time imagining how seriously alcohol consumption is treated on American college campuses (I'm from Canada).</p>
<p>It's obviously not the norm, but my college has an alcohol permit and students are actually allowed to drink in all the rooms that belong to the student union. Heck, I even managed to get the Head of my Department drunk at our last annual Wine & Cheese event.</p>
<p>Anyway, it's crazy how two similar cultures can be so different at times.</p>
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prove yourself innocent right then and there
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If you were innocent, you would've let them look around, but you refused, and that's strong evidence right there.
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<p>I take issue with this. If I'm entertaining guests, I wouldn't let my RA in either. And I frankly have nothing to hide. It's the RA's job to prove your guilt, not the other way around. Innocent until proven otherwise.</p>
<p>In most of these cases the standard would be preponderance of evidence. Since the RA doesn't HAVE any evidence, well, the RA doesn't have a case.</p>
<p>BTW it's your right to refuse entry to anyone while you're paying for your room. When you rent a home later on, even the LANDLORD who owns the place can't walk into the apartment without your advance permission. That would be considered trespassing. As long as you're paying rent, you "own" the place and can refuse entry to your landlord on any grounds at any time.</p>
<p>I think it's the puritan "you should never enjoy yourself" nonsense. Blame entities like MADD.</p>
<p>yea actually I have the right to not let them in, and its not like im going against any rules by not letting them in. There shouldnt be any reason why I can not protect my privacy in any given circumstance or situation. Lets say I was innocent and I was just making noise, I wouldnt see any reason why I still would let them in, if i have something i dont want people to see then thats that. just because different circumstances has presented itself - I shouldnt have to be obligated to give in just because i would need to prove something that I "did not" do.</p>
<p>and yea I feel the same way, If they did not get enough evidence to prove my guilt then they don't really have a case. I dont think however much it may imply that I was having a party or not it doesnt necessarily equate to drinking on my part however suspicious it may be. so... If I came out with freakin blood stains all over myself you cant say I murdered anyone lol unless you find sufficient evidence (in analogous to this situation anyways). even if they smell it on me doesnt necessarily mean I was drinking on campus (which is the policy) so better put, there are endless situations I may have been aside of their assumptions.</p>
<p>Technically, the RA's can't (or at least shouldn't) write you up for anything involving "smell of alcohol on breath" or "did not allow RA's into room" because they really have no cause to do so. RA's should only write people up for things that are evident and proveable; i.e. you could possibly get written up for a noise violation (if you were being too loud). If you were carrying alcohol outside your dorm room, or holding alcohol in front of the RA that would be legitimate cause for a write-up. But if they write you up on the supposition that you were drinking since you would not allow them to enter your room and smelled of alcohol (what if it was just really bad perfume/cologne?), that is just an assumption gone awry and your RAs are being a-holes. Whatever</p>
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yea actually I have the right to not let them in, and its not like im going against any rules by not letting them in. There shouldnt be any reason why I can not protect my privacy in any given circumstance or situation.
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<p>Check your housing license. Many colleges give the authorities (including RAs) to enter your suite as long as they have probable cause...which the alcohol on your breath would indicate.</p>
<p>For example, in the housing license we all just received for next year:</p>
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University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose. University shall exercise these rights reasonably with respect for Licensee's right to be free from unreasonable searches and intrusions into study or privacy.
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<p>Now here's the kicker: you signed your housing license, and the university gets to decide what's "reasonable" to conduct a search and what's not.</p>
<p>Basically, they don't need a warrant. They know most kids don't read the housing license, and you better believe they take advantage of that. If you don't like it, find somewhere else to live where you can get drunk every single night and no one will care. They'll find someone else to take your spot real quick.</p>
<p>I would check your Residential contract one more time...you're not pre-law are you? before you have more parties. That or find an off campus apt (one preferably NOT next door to Mrs. Kravitz)</p>
<p>If that was true, then I never had a choice to begin with. (and I have seen the contract) And they wouldn't be writting me up for alcohol but probably something along the lines of non cooperation. They kept asking me to let them come in, and I said no. they asked a question with two choices and I chose ... - no lol. so if they really did they wouldve done so.</p>
<p>Yeah, your room is not a leased apartment and the RA is not a landlord -- you're operating under different laws. </p>
<p>At my school, the RA can't force their way in, but can call the police, who can go in with no warrant or anything, just the RA's suspicion.</p>
<p>true that the university has different rules. although there are certain laws that even the school cannot sign over even if you had signed it saying so in your housing contract. This includes this particular situation, and technically the Resident Dean is the titled land owner not the RAs/RSOs or even the cop. It is the resident dean that comes bearing keys if by any circumstances that the res hall or on campus apartment needs to be keyed into by special circumstances (which is only emergencies, or if they had notified you within 24 hours permit this follows California state law and MAY not follow other state laws.)</p>