<p>I think I’ll share my story with the OP as a cautionary tale. Some background is I lived in an Apartment with 2 other guys and by April it was just me, a senior finishing up undergrad, and the other two guys, both sophomores, left. Being my last semester of undergrad and in a fairly difficult major I was generally either in class or working on my projects and often I would leave at 8 am and get back at 7 pm if I was lucky.</p>
<p>Well apparently during all the time I was out that semester they were smoking marijuana in the bathroom and drinking alcohol (they were both underage and our campus is dry in theory). Well I got back at around 8:30 or so as usual and not 15 minutes later 10+ RAs, 2 Assistant Hall Directors, and the Hall Director burst into our apartment and rip the place apart saying they had gotten a tip that illegal drugs were in the apartment and claiming they smelled smoke. Later when I read the incident report they claimed it was “smoke filled” (which was utter BS, more on that later).</p>
<p>Both guys fessed up, said the drugs belonged to them, they searched my stuff and obviously didn’t find anything. I should be in the clear right? Well yeah, it took a couple of days but housing finally figured it out. Well going back to that incident report, everything goes forwarded up to the student affairs office at our school. Less than a week later (and two weeks away from graduation) they charged all 3 of us with possessing drugs. Housing apparently had gotten a tip from someone ****ed at my roommates and had to contrive the smoke to get enough to conduct a search. Apparently they were tipped off it was a lot of marijuana and they were hell bent on not letting them get away.</p>
<p>My two roommates plead guilty and were given a slap on the wrist (some dumb 1 hr drug class and disciplinary probation for a few semesters) while I was left to spend my last weeks of undergrad suffering not only under several impending academic deadlines, but having to convince these boneheads I wasn’t involved. Housing didn’t want to admit they had lied on the report and it is virtually impossible to prove that smoke didn’t exist, especially given that they had found drugs in my roommates belongings and a bong. Even after housing told student affairs it was obvious I wasn’t involved they continued to try and prosecute me (apparently they were feeling bad about putting me in this position so they decided to “clarify” their original report).</p>
<p>Housing eventually found an administrative loophole which forced student affairs to drop the charges and turn me over to housing for my “punishment” (which as you can expect consisted of nothing and left zero paper trail whatsoever). Student affairs of course were trying to use the catch all rule that most schools have where if someone in your apartment violates a rule you are all responsible (despite the fact that it’s clearly intended for party situations where people try to pass the buck and when they entered my apartment myself and one roommate were the only people there and obviously nothing of the sort was occurring). That was their justification for continuing to try and pursue me over the objections of housing.</p>
<p>I think there are several important points to be made:</p>
<p>1) Even though you aren’t involved it can be VERY difficult to prove. I’ve seen other posters claim they can’t enter your room LEGALLY just based on this or that. That’s true, but it’s VERY easy for them to do things like invent smoke which they know will be virtually impossible for you to disprove. If they hadn’t found anything they would’ve simply just claimed we had flushed it or something. I was lucky my roommates owned up and went through great lengths to exonerate me, you can’t necessarily count on yours doing that. Some people will say well there wasn’t enough evidence to convict me in a hearing and so forth and that’s probably true but this stuff takes a long time and a lot of work to do which can be horrible if you are already neck deep in school work. My school has an “innocent until proven guilty” policy by the way, I can tell you that a lot of the stuff they put on paper falls apart at student affairs and you will have to actively prove your innocence. My school has some fairly good looking protections, but even their standard for a conviction is the ridiculously low “more likely than not you did it”.</p>
<p>2) Even though you aren’t involved, the consequences to you can be just as bad or worse than what they face. My roommates got a slap on the wrist, I will forever have a shadow over my last month of undergrad having to put so much time into dealing with all of this and the stress that came along with it. A lot of the jobs I’m interested in require your disclosing of disciplinary records and this could’ve resulted in me being passed over for a job were an equally qualified candidate competing with me. Ultimately you may be able to fight your way out of it, get them for all the injustices, illegal actions, etc, but it takes a lot of time which is something most people don’t have an abundance of. Had this escalated much further I would’ve had to pay $$$ for a lawyer.</p>
<p>3) They are being disrespectful to you by putting you in this situation. It only takes one guy getting ****ed at them to start the wheels in motion for a search of your room (legal or not). Just because they take steps to not get found out doesn’t mean you are safe. If they want to do marijuana then fine, they can do it off campus. Surely they know ONE person off campus they can go smoke with. Or go to a frat party or something. As concerned with your education as you seem I’d be leery about them doing something which can end up on your record and potentially end up hurting the value of your degree.</p>
<p>I know that was long winded but hopefully that will help you. I’m not necessarily saying snitch on them, pack up your bags and leave immediately, etc. I’m just warning you that a lot of the arguments about how you need to “man up” make a lot of assumptions which can lead to some very undesirable consequences should they not pan out and that you should take this seriously. Knowing it’s a “stupid law” won’t be of much comfort should you guys get found out. I hope you find this useful and get your situation worked out.</p>