Know Your Rights as a College Resident: What Your RA Can't Do

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Your RA has authority, but not unlimited authority. Here's what you're actually entitled to in campus housing and what to do if your rights are violated.

By Jessica Dickenson

Tags: campus-life, college-student, student-housing

Know Your Rights as a College Resident: What Your RA Can't Do

As you prepare to move into your dorm room, you are probably not thinking about researching your legal rights as a college resident. While it is an afterthought for many students as they move in for the first time, it is as important as the rights of a renter or a homeowner. Students may have erroneous perceptions of what their college and they are allowed to do, and it can get them into trouble. You don't have to be a lawyer to research or understand what your rights are.

The U.S. Supreme Court declared that students do not "shed their constitutional rights when they enter the schoolhouse door." The U.S. Department of Education, the laws in different states, and many groups that stand up for students' rights have ensured that this is the case for all students without discrimination.

As a resident in a college dorm room, your rights and responsibilities are typically outlined in the housing agreement or contract you sign with the college or university. While specific rules and policies may vary between institutions, here are some common rights that students typically have as dorm residents:

Right to a Safe and Secure Living Environment

You have the right to live in a dorm that meets safety standards and is secure from unauthorized access whether you choose to live on campus or off campus. While living in a dorm room is different from a normal landlord-tenant arrangement, students living in dorm rooms still have certain rights. Dorm residences still fall under the implied warranty of habitability which states that all buildings should be maintained and up to code.

You also have the right to access basic amenities provided by the college, such as heating, cooling, water, electricity, and internet. How you attain access to these amenities is at the discretion of the school. If your residence does not have the necessary amenities for it to be livable, you should report your dorm first to campus housing and then any other legal resources if no action is taken.

If any maintenance is going to be done on your residence, you have the right to be notified in advance. This right also extends to any planned room changes or scheduled inspections.

Right to Privacy

You have probably heard the horror stories of resident assistants barging into your dorm room for an impromptu inspection. You have the right to privacy within your dorm room. Generally, your roommates and residence hall staff should respect your personal space and belongings. Normally, an RA cannot just enter your room without your permission whether that be verbal or written. However, your school's policy may allow them to if they feel like you are breaking the law or at risk.

All this is caveated with the preamble that you shouldn't try to exploit this rule and try to get away with illegal or impermissible activities. Trying to hide from an RA might not be a good decision, since forcing an RA to write up or document an event can force judicial action upon you.

Your personal information should also be protected by the school. The Family Educational Rights and Privacy Act (FERPA) prohibits schools from sharing student records, be it grades, housing information, or any other personal information without the expressed permission of the student. This also extends to your family members. When you were in high school, your parents or guardian could access this information without your express consent but now only you can grant someone the ability to access your records.

Right to Reasonable Accommodations

The Americans with Disabilities Act (1990) stipulates that postsecondary institutions are responsible for providing necessary accommodations when a student discloses a disability. For example, readers may be provided for classroom use if someone has eyesight issues. The school cannot anticipate your needs if you do not express what your needs are. If you have a disability or require accommodations, you have the right to request reasonable accommodations from the college or university in accordance with the law.

There are some limits to reasonable accommodation. While the school has to provide housing for you, you may be relegated to another dorm or living situation to meet your needs. For example, you may not be able to live in the freshmen dorms with your friends if it is not handicapped accessible, the school may place you in special housing with an elevator and/or wheelchair ramp. Personal aids and services, including help in bathing, dressing, or other personal care, are not required to be provided by postsecondary institutions based on the Section 504 regulation.

Right to Free Speech and Expression

You have the right to express your opinions and beliefs within the boundaries of the college's code of conduct and policies. The First Amendment to the Constitution protects freedom of speech. According to the American Civil Liberties Union (ACLU), restrictions on speech by public colleges and universities amount to government censorship, in violation of the Constitution. Under this protection, you have the right to voice concerns and complaints about your living conditions or the dormitory environment.

Right to Due Process in Disciplinary Matters

If you face disciplinary action related to dormitory rules, you have the right to due process. The right to due process is grounded in the Fifth Amendment to the U.S. Constitution, which provides that no one may "be deprived of life, liberty, or property, without due process of law." Students at state universities have constitutional due process rights that their universities cannot violate. This enables students the opportunity to present their side of the story and appeal decisions. At a bare minimum, a public university cannot suspend or expel a student without giving that student notice and an opportunity to be heard.

Remember that Rules Apply to You Too!

Although you have a lot of rights as a student, it's important to remember that you also have responsibilities as a dorm resident. These may include complying with dormitory rules, respecting quiet hours, being considerate of roommates and neighbors, and adhering to the college's code of conduct.

Before moving into a college dorm, make sure to carefully read and understand the housing agreement or contract provided by the college or university. If you have any questions or concerns, reach out to the housing office or resident advisors for clarification. Understanding your rights and responsibilities will help ensure a positive and successful dormitory living experience.

Jessica Dickenson

Jessica Dickenson graduated from Wisconsin Lutheran College with degrees in English and communication. She has applied her abilities working as a young marketing professional for a local university but works as a freelance writer and photographer in her spare time. She currently resides in Milwaukee, Wisconsin with her husband.

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