COUNCIL On the Agenda for April 24, 1996

Dormitory Privacy and the Proposed Policy on Privacy of Electronic Information

"Faculty members, staff and students are afforded the same protection against the intentional invasion of the privacy of their personal electronic information stored on their own equipment or residing on or transmitted over University equipment as over the contents of an on-campus office or dormitory room."

It was felt that the current dormitory occupancy agreement did not provide adequate privacy protection for students and therefore using dormitory privacy rights as an analogy was a mistake.

The Communications Committee has drafted the attached "Policy on Student Privacy in University Residences" and an associated modification to the dormitory occupancy agreement in response to the comments made by University Council. We believe they address the concerns raised by University Council.

Ira Winston, Chair, Committee on Communications

Proposed new policy, to be included as section II.F.9 in Handbook for Faculty and Academic Administrators and in The Pennbook: Resources, Policies and Procedures Handbook (for students):

9. Policy on Student Privacy in University Residences

Preamble

The University fulfills multiple roles in its relationship with students who live in campus residences. Two of these roles bear upon the privacy of such students. As the landlord of a rented property the University properly reserves the right to take necessary steps to maintain the physical structure and utility systems of these buildings and to ensure their orderly operation. As a community the University has policies and regulations and disciplinary systems for enforcing them. In both of these roles University employees may have cause to enter a student's room(s). This policy defines the several circumstances under which this is permissible and the obligations of the University to respect student privacy.

Entry for Maintenance and Operational Purposes

The occupancy agreement signed by students who rent dormitory rooms from the University defines its rights as landlord. University employees may enter a student's room(s) when such entry is reasonable and necessary for purposes of maintenance and operation, and routine health and safety inspections, or in a known or suspected emergency. Except in cases of emergency or other extreme urgency such entry must be approved in advance by an administrator in the Department of Residential Living. It will be conducted with scrupulous respect for the privacy and property of the occupant, by person(s) appropriate for the performance or assessment of the required maintenance, accompanied when necessary by a Department of Residential Living employee.

Entry for Disciplinary Purposes

When reasonable cause to suspect student wrongdoingexists, University employees may enter a student's room(s) to seek evidence. Except in cases of (1) routine health and safety violations and (2) emergency or other extreme urgency, such entry must be approved in advance by the Vice Provost for University Life or designate, and carried out by at least two University employees, both of whom must be present throughout. Furthermore the Vice Provost for University Life:

a) Will inform the Chair of the Residential Advisory Board (or in the case of a graduate or professional student, the Chair of the Graduate and Professional Student Assembly) and the Faculty Master (or senior faculty resident) of the residence, if available, prior to the search being undertaken, and seek their opinion.

b) Will report the completion of the search and the justification for that search as soon as practicable after the event to the Chair and officers of the relevant group, and the Faculty Master (or senior faculty resident) of the residence, if there is one.

Such a search will be performed by persons whose duties include responsibility for the maintenance of student discipline. They may examine, copy and/or remove any relevant evidence that they find. However, when any materials are removed, a record, as complete as practicable, of them will be established and maintained. Copies of this record will be given to the Vice Provost for University Life and to the student. The search will be carried out with due regard for the privacy and property of the occupant. Every reasonable effort will be made to confine it to areas, papers and objects that seem likely to yield relevant evidence.

Excerpt from current occupancy agreement:

10 Room Entry/Residence Access/Guest Privileges

The University reserves the right of entry to the room(s) by authorized representatives for the purpose of inspection, establishment of order, repairs, maintenance, inventory correction, extermination, cleaning, or in case of an emergency or other reasonable purposes.

Students may not deny access to University personnel attempting to exercise the University's rights or perform the University's obligations.

Proposed new version of above:

(bold indicate new material)

10 Room Entry/Residence Access/Guest Privileges

The University reserves the right of entry to the room(s) by authorized representatives for the purpose of inspection, establishment of order, repairs, maintenance, inventory correction, extermination, cleaning, or in case of an emergency or any other reasonable purposes strictly associated with the maintenance or operation of the residences. Any entry to the room(s) by University personnel will conform to the Policy on Student Privacy in University Residences (Handbook for Faculty and Academic Administrators, II.F.9.).

Students may not deny access to University personnel attempting to exercise the University's rights or perform the University's obligations.

Almanac Supplement

Volume 42 Number 28
April 16, 1996

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