As a Boston College student, it's important that you know exactly what your rights are in order to maximize your BC experience while remaining within the boundaries of the rules set by the University. Please read below for an interview conducted with Boston College Police Chief Robert A. Morse regarding student rights, or click here to download the document.

Undergraduate Government of Boston College
A Guide to Knowing Your Rights
2007-2008

Source: Interview with Chief Robert A. Morse, Boston College Police Department (April 2007)

Can outside media enter residence halls?
No. All residence halls are private property and outside press has no rights to come in. Boston College has a press department that handles all university press releases and all outside press needs permission from the press department to be on campus.

Do I have a right to refuse a breathalyzer? To be taken to the infirmary/Hospital?
You always have the right to refuse a breathalyzer. Using a breathalyzer is a right that you have to determine whether or not you are intoxicated. However, you do not have the right to refuse being transported to the hospital if you are in a serious condition after consuming alcohol.

How is BCPD’s role different from the Boston Police on a football game day?
First, it is important to remember that BCPD is working for the students to create a safe environment. That being said, BCPD staffs police officers who understand student life on campus. Both BCPD and the Boston Police are trained to the same standards. On a football game day, the city of Boston requires Boston College to have a certain number of officers on campus to enforce rules.

Do you always have to carry an ID?
It is always to your advantage to carry your BC ID, since it is a sign that you are part of the Boston College community and will then be treated as such if stopped by a BCPD officer. BC ID’s must be presented at the request of a University Official.

What are the rules about outsiders in the dorms/other campus buildings?
Trespassing is always subject to arrest and BC students should call BCPD immediately if they notice an outsider in their building.

When can/does BCPD tow my car? A visitor’s car?
See the BC website www.bc.edu/offices/transportation for more information. Generally, on weekends, the lots are open for visitors from 3 pm Friday to 12 am Sunday.

What is BCPD’s relation with the Boston Police? Can/Should a student get in contact with BCPD is we get in trouble with the Boston Police?
If you are in trouble with the law, police department power is in each department’s jurisdiction only. That means that BCPD only has sheriff power in the city Boston. BCPD cannot intervene unless Boston Police requests BCPD help with a case. This happens quite often since BCPD maintains a strong relationship with the Boston Police.

If I am underage at a party, will I get in trouble?
You will only get in trouble with the law if you are seen with a drink in your hand or are determined to have been drinking alcohol. These rules are different in relation to student judicial punishment through Residential life or ODSD.

What are my rights if I am stopped by a police officer in my building? Outside? At a sports game? In a dinning hall?
Your rights are the same no matter where you are on campus. BCPD are not normally in the residential halls. BCPD must always have a reasonable suspicion in order to stop a student. This suspicion is generated through use of all senses including touch. In other words, BCPD does not have the right to open your bag but they do have the right to touch it. If BCPD has reasonable suspicion, they can enter the room and search unless a student asks for a court warrant. At that point, the case is frozen until the police officer comes back with a warrant to search the room thoroughly.

If I am 21, but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the room at all?
If you are 21, you are responsible for any underage drinking in you apartment. The only alcohol allowed in your room is enough for personal consumption.

Other points

• Possession of a false ID is a felony, but the production of false IDs may lead to expulsion from the University.
• Kegs are not allowed on campus ever. In fact, a person is not allowed to transport more than one keg at a time since it surpasses the amount of alcohol one person can transport without a license (7.5 30 racks or 1 keg)
• 99% of the times students consent to having BCPD search their room if they only have enough drugs for personal consumption, since a court warrant means the problem must go beyond BC to criminal court.
• 75% of incidences on campus are alcohol related.
• Always call #4444 if you are suspicious of something. BCPD would rather respond to 15 false alarms than miss a real emergency.

Source: Interview with Officer Daniel J. Daley, Boston Police Department; The Guide to Quality of Life Issues Prepared by the Office of the Legal Advisor and the District 14 Community Services Office

Do Boston College Police have any jurisdiction off campus?
Boston Police alone have jurisdiction off campus. Boston College Police can intervene in a situation off campus, but must then call Boston Police. If an incident involving a BC student occurs off campus and is dealt with by the Boston Police, Boston College will be notified. This is part of the code of conduct Boston College students agree to, regarding life off campus.
On campus, Boston College Police are responsible for enforcing all laws of the Commonwealth of Massachusetts. While Boston Police have jurisdiction on the Boston College campus, they will not come on campus unless asked by the Boston College Police, or on football game days.

What is the policy on underage drinking on the BC campus on football game days?
The Boston Police has a zero-tolerance policy regarding underage drinking. This reflects both the laws of the Commonwealth of Massachusetts and the rules of Boston College.

Can Boston Police enter an off campus residence?
Boston College can enter an off campus student residence in response to a disturbance of the peace complaint. Boston Police have the authority to enter the residence, whether they are invited in (the door is opened for them) or not. Boston Police can arrest students if and when they are breaking the law.

Alcohol Laws

• Open Containers: It shall be unlawful for a person to drink from or possess an open container of alcoholic beverages, in or upon any public way, in any park, or playground, or on the private property of another without the consent of the owner.
• Procuring alcohol for underage persons: No person shall agree to procure for or deliver to an individual under the age of 21, any alcoholic beverage, sealed or open. The burden of ascertaining whether the recipient is at least 21 years of age is on the person delivering the beverages.
• Fake IDs: No person shall willfully misrepresent his or her age or in any way alter, deface or otherwise falsify his identification offered as proof of age with the intent of purchasing alcoholic beverages.
• Transportation of alcohol: No person under the age of 21 and who is not in the company of a parent or legal guardian shall knowingly possess or transport any alcohol. This section does not apply to a person between the ages of 18 to 21 acting in the scope of his or her employment. A police officer may arrest without warrant any person who violates this statute.
• Social host liability: Social host liability stems from a common law theory of negligence, in circumstances in which the host has served or provided liquor to an intoxicated guest and the intoxicated guest subsequently causes harm or injury to a third person. This theory of liability proceeds from the duty of care that accompanies control of the liquor supply.

Noise Ordinances

• Disturbing the peace: It shall be unlawful for any person in a residential area within the City of Boston to disturb the peace by causing, or allowing to be made, unreasonable or excessive noise. Any person who is aggrieved by a disturbance of the peace may notify the police. In response the police shall verify the noise level, and may make an arrest or file an application for a criminal complaint. In addition, the arresting officer may seize any loud amplification device as evidence.
• Loud amplification devices: It shall be unlawful to use a loud amplification device in a manner that creates unreasonable or excessive noise in or on a motor vehicle, in a public way or place, and in or on residential premises. “Loud amplification device” includes, but is not limited to, radios, televisions, phonographs, stereos, record, tape and compact disc players, loud speakers, or sound amplifiers.
• Unreasonable noise: Noise measured in excess of 50 dBa (weighted sound level in decibels) between the hours of 11:00 p.m. and 7:00 a.m., or in excess of 70 dBa at all other hours shall be considered unreasonable or excessive. In the absence of noise level standard, any noise plainly audible at a distance of 300 feet, or in the case of loud amplification devices 100 feet, from a person of normal hearing shall be considered unreasonable or excessive.

Landlord-Tenant

• Liability of landlord for actions of a tenant: A copy if each violation notice for disturbing the peace shall be sent to the landlord. The landlord shall not allow repeated violations of these ordinances, after notice thereof.
• Discrimination: A landlord may not discriminate in rental properties bases on an applicant’s race, color, religion, national origin, sex, age, ancestry or marital status. All suspected violations can be reported to the Lawyer’s Committee of Civil Rights. In addition, a landlord may not terminate a tenant’s lease in retaliation if the tenant exercises the legal right to report housing or building code violations or other rights provided by the statute.

Source: Paul J. Chebator, Ph. D., Interim Dean for Student Development (April 2007)

Am I responsible for my non-BC visitors? Do I get in trouble for my non- BC friends’ actions? What kind of ID should my non-BC friends carry?
Students are responsible for their guest regardless of the circumstances. Visitors are not required to have a college ID, but it is recommended that they carry some ID for their own safety.

How is BC involved in issues between students off campus and their respective landlords?
BC has various resources to educate and aid students living off campus. Dean Pualette Durrett in the Office of the Dean for Student Development and Maryanne Carraba in the Residential Life department are both vital resources for any off campus issues. In the fall of every year, the Off Campus Housing directors in the Residential Life department put on informational sessions about off campus life, including how to find and lease apartments. UGBC.org has also been revamped to offer greater utility to off-campus students. Visit our website and you will find places to submit and review apartment and real estate agent evaluations from students who may have lived in your exact apartment. Additionally, you will find information regarding important laws, lease agreements, and important contacts. If you have any ideas about how we can better serve the needs of off-campus students, please let us know.

Where can I turn to find legal help or representation?
BC cannot assign or find an attorney for a student who is involved in a legal situation. There would be risks in liability if they were to refer lawyers and the case was lost. Although, there is a pamphlet for a Lawyer Referral Service that BC provides to students. BC also encourages students to employ lawyers who practice in the court of the city where the trial is taking place. The Brighton district deals with BC students’ trails most often.
The Undergraduate Government of Boston College does provide Student Rights Advocates who serve as advisors to students at judicial board hearings. They can also represent those who wish to file grievances against University policies, procedures, or personnel. They contact the appropriate University offices and investigate all complaints until a resolution is achieved, either by the student withdrawing the grievance or by the University rectifying the error. To contact a student rights advocate, stop in the UGBC office at 21 Campanella Way, 2nd floor, or call 617-552-3499.

What are the judicial repercussions a student faces when they have violated the rules pertaining to academic integrity?
The academic administration within specific schools (College of Arts and Science, Carroll School of Management, and the Lynch School of Education) is responsible for dealing with student violations of academic integrity. For example, Dean Dunsford takes care of any issues in the School of Arts and Sciences for the sophomore class.

Source: Interview with Resident Director Judette Tobes; Office of Residential Life

Conditions for Residency 2007-2008, online here.

If I open my room door a crack, can the RA come in? Under what circumstances can an RA enter my room?
The University reserves the right to enter resident student rooms and conduct a plain view search for: reasons of health, maintenance, upholding community standards (including safety and discipline) or inspections. Except in cases of an emergency, a complete search of the contents of a student’s room will only be made with: (a) his/her consent; (b) with a University Search Warrant issued by the Vice President for Student Affairs or her designee; or (c) with a duly authorized search warrant from a local court.

Clarify cohabitation policy: What specifically constitutes cohabitation? Is it only an issue if my roommates object?
The answer to this question is included in Boston College’s Guest Policy: Guests are defined as any person not registered to the room. Guests of the opposite sex are not permitted to remain overnight. Sexual activity between or among members of the same or opposite sex is prohibited in the residence halls and is subject to disciplinary action.

Are underage students in trouble for being in the presence (in the same dorm room) of alcohol even if they are not necessarily drinking?
See Boston College Police Department section.

If I am 21, but the rest of my suitemates are underage, will I automatically be held responsible if our party gets broken up? Can I even have alcohol in the my room at all?
See Boston College Police Department section.

Is there a standard penalty for being caught with alcohol in my room? What can I expect from meeting with my RD afterwards?
There is no standard penalty for being caught with alcohol as a minor; violations will be judged on a case-by-case basis. Upon meeting with your Resident Director, you will be able to have a conversation with him or her about the incident. The severity of the situation does not necessarily dictate who you meet with. Sanctions may include disciplinary or housing probation, community restitution, and/or alcohol education.

If an RA breaks up a party in my room and finds alcohol that was brought by someone else who does not live in my room, are my roommates and I still accountable because we allowed it into our room?
Students are responsible for all activities occurring within their room or apartment and their guests. This would include any improper behavior and/or damage to the property in their absence. Mod residents are responsible for the immediate environment of their Mod, including their front porch and backyard.

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