From: Black Unicorn <unicorn@access.digex.net>
Date: Thu, 21 Apr 94 12:50:15 PDT
To: unicorn@access.digex.net
Subject: Re: Warrantless searches -- A sign of things to come?
Message-ID: <199404211950.AA23894@access1.digex.net>
MIME-Version: 1.0
Content-Type: text/plain


->
There's another difference between dorms and public housing.  Public
housing is the tenant's home.  In a dorm, the school is acting in loco
parentis.  That is, the school is acting in the position of a parent,
which gives them considerably more latitude.
 
Mike
<-

This position flies in the face of law on the subject.

"Persons who meet the required qualifications and who abide by the
university's rules and regulations are permitted to attend and must
be presumed to have sufficent maturity to conduct their own personal
affairs.

We know of no requirement of the law and none has been cited to us
placing on a university or its employees any duty to regulate the
private lives of their students, or to control their comings and
goings and to supervise there associations."

_Hegel v. Langsam_, 273 N.E.2d 351_ (1971).

"A university is an institution for the advancement of knowledge and
learning.  It is neither a nursery school, a boarding school, nor a
prision."  Id.

(Granting motion to dismiss for failure to state a cause of action
upon which legal relief may be obtained.  Student who was caused
to become drug addicted, seduced, and allowed to be absent from
dormatory while at defendant university gave rise to no claim of
duty of care upon university as duty to university does not includew
"parenting.")

-uni- (Dark)