Molly Slavin
Picture this: you’re an off-campus senior, relishing your newfound freedom. It’s your housemate’s birthday and you decide to throw him a party. You live right next door to a family of four. You’re pretty sure underage people will show up. Do you know how to handle this situation? What’s the best thing for you to do?
Alternately, you’re an on-campus freshman at a dorm party. You’re worried that at any minute, Hall Staff or NDSP is going to rush in and send everyone to the Office of Residence Life and Housing. What should you expect? How should you behave?
Living on and off campus are two totally different beasts. You have certain rights and responsibilities in both situations. But do you know what they are?
For many students, a primary concern is what is appropriate in a situation particular to Notre Dame: the dorm party. Associate Vice President of Residence Life and Housing, William Kirk, explains in an e-mail interview, “Students are permitted to hold parties in their rooms. In most cases, when parties in residence hall rooms get too wild or out of control and come to the attention of residence Hall Staff, it addresses the issue. Over the last 15 years or so, I can’t recall any situations where NDSP has had to be called in to address an on-campus party situation, but it might have happened.”
While Hall Staff is the primary authority for on-campus parties, NDSP can still get involved if students are out walking on the quad, at a dorm dance or, even in some cases, while still in the dorm. Many myths float around campus about whether students can refuse a breathalyzer test and whether it is wise to do so. Kirk says, “Students may certainly refuse to take a breathalyzer and would not face disciplinary action for that refusal, but might still be facing some disciplinary action for the behavior that originally resulted in the drawing of Hall Staff or NDSP.”
While on-campus parties are certainly a concern, many students get into trouble while off campus. Richard Nussbaum, a local attorney and a 1974 Notre Dame graduate, offers some advice for students planning to host or attend off-campus parties. He says, “Moving off campus is definitely a right. Many students think that by moving off campus, they are gaining more freedom. However, there are actually more responsibilities associated with living off campus. You have families as your neighbors. It is so important to be respectful.”
What about an on-campus student who ventures off campus and gets into trouble there? Are they in danger of additionally getting a ResLife? “They may be,” Kirk says. “Consistent with the university’s educational mission, there may be a disciplinary response for students who are found to have violated university rules and regulations.”
When asked what the best course of action is for an underage student who is at a party raided by the police, Nussbaum says, “First of all, obey the law. If you’re not 21, don’t drink. Having said that, I do understand it’s going to happen. I can’t emphasize enough the importance of being respectful and courteous to officers. The worst scenarios are when students decide to become constitutional scholars and begin demanding their rights.”
As for the ever-important breathalyzer issue, Nussbaum says, “I don’t want to give advisory opinions, but generally an officer needs probable cause to breathalyze a person in a non-driving situation.” He goes on to explain that a student technically can refuse a breathalyzer, but that the “net result is not good if you do that. The best thing to do, again, is to be respectful and cooperative.”
For of-age students, it is important to realize that there is no set level for public intoxication. A person is presumed legally intoxicated at a blood alcohol level of .08, but “you can be below and still be cited for loud and disruptive behavior. A person can also be above that level and behaving themselves just fine,” Nussbaum says.
And what about resisting arrest? Can students really be charged for hiding in the closet of a house that gets raided? Nussbaum clears up this misunderstanding by pointing out the essential difference between being charged with and convicted of a crime. “A student can be charged — being convicted is an entirely different story. It’s much harder to be convicted than to simply be charged,” he says.
Last but not least, under what circumstances are students required to let police into a house? “The Fourth Amendment protects all of us, students included, from unreasonable searches and seizures. Police need a probable cause. They have a right to enter a house if they have a search warrant or if the person who lives there consents to let them in,” Nussbaum says. “If someone is violating the law and police deem it an emergency situation, they can enter the house, but they have to prove the emergency if someone contests their decision.”
For closing advice, Nussbaum says, “I want students to have an enjoyable experience. Respect your neighbors if you choose to move off campus. Does this mean you can’t have parties and can’t have fun? Of course not. Moving off campus is a learning experience for the future.”
Whether students decide to stay on campus or to move off, it’s always important to know your rights and how to conduct yourself in a party setting. Arrests and ResLifes aside, take advantage of these four years and remember to always be safe.
