Room Entry, Search and Inspection

Policy on Room Entry, Search and Inspection, and Occupancy Limits

Purpose

To provide guidance to university employees and/or their agents as well as students regarding the right to enter and inspect the residence hall rooms and university houses during reasonable hours, and upon reasonable notice to make repairs, alterations and improvements/cleaning to the premises and building or address any type of health or safety emergency or urgent situation as the University may deem necessary.

Scope

This policy applies to all students and all students and staff - housing and residence life, facilities management and public safety.

Policy History

I. Effective Date: January 10, 1994

II. Approval: February 27, 2014

III. History: 

  • Approved in its original form: January 10, 1994
  • Approved as amended: January 3, 1996
  • Approved as amended: September 5, 2000

IV. Maintenance of Policy: Vice President for Student Development

Policy

Room Entry

Residence entry by University Employees for inspection and maintenance:

University employees and/or their agents shall have the right to enter and inspect the premises during reasonable hours, and upon reasonable notice to make repairs, alterations and improvements/cleaning to the premises and building as the University may deem necessary. Any repairs, alterations and improvements undertaken by University shall be executed with reasonable diligence and all portions of the premises and building affected thereby shall be restored to as good a condition as before the work. University shall not be liable for inconvenience caused to Students by any such work, nor shall any entry or activity incident thereto have any effect upon the student’s housing contract or upon the student’s obligations under the contract or the Student Handbook.

Residence entry by University employees for health, safety and emergency:

University employees, which include the University police, are permitted to enter a student’s residence without obtaining the student’s consent for purposes of addressing any type of health and safety emergency or any other situation deemed urgent or necessary. These situations include but are not limited to violent behavior, illness or injury, disorderly behavior or activity that disturbs the neighboring environment, reasonable belief that reasonable occupancy is exceeded (a posted occupancy limit signifies reasonable occupancy) and reasonable belief that a violation of University policy has occurred in a University owned residence. In such situations, University employees will knock, identify themselves, and request entrance. If no cooperative response is received, University employees may enter. If the residents are not present, a signed notice will be left in a prominent location within the residence indicating the name and position of the employee(s) making entry, the date and time of the entry, and the reason for the entry. The University shall incur no liability provided reasonable care is given to Student's property, and such entry shall have no effect on the student’s housing contract or upon the student’s obligations under the contract or the Student Handbook.

Occupancy Limits

Occupancy limits have been assigned to each University-owned residence for the safety of the students. Exceeding an occupancy limit could result in structural damage to the residences and create fire hazards, putting everyone inside in imminent danger. Because of this safety concern, by definition, the University considers the reasonable suspicion of an occupancy violation to be an emergency situation or, in other words, an “exigent circumstance.”

Reference Documents

  1. Current University of Dayton Student Handbook;
  2. Current Housing Contract
CONTACT

For questions relating to the University policies of Student Development, please contact:


Bill Fischer, Vice President for Student Development
937-229-3682
Email