Pubdate: Wed, 06 Sep 2006
Source: Burlington Free Press (VT)
Copyright: 2006 Burlington Free Press
Contact:  http://www.burlingtonfreepress.com/
Details: http://www.mapinc.org/media/632
Author: Jill Fahy, Free Press Staff Writer
Bookmark: http://www.mapinc.org/youth.htm (Youth)

STUDENT TO DROP CASE OVER UVM ROOM SEARCH

A University of Vermont sophomore who filed a lawsuit  last week
alleging UVM subjected him to disciplinary  proceedings based on an
illegal room search has agreed  to drop the case pending the signing
of an out-of-court  agreement.

Ian Collins, 19, of Mount Washington, Mass., was  suspended and
ordered off campus and was subject to  university disciplinary
proceedings after an Aug. 26  incident in which campus dormitory
staff, accompanied  by UVM police acting on a statement from Collins'
roommate, searched Collins' dorm room and found  marijuana and
paraphernalia used to smoke marijuana.

Collins last week won a court order preventing UVM from  taking
disciplinary action against him until a judge  could hear the lawsuit
against the university.  Tuesday's scheduled hearing on the case
before Superior  Court Judge Geoffrey Crawford was canceled because of
  the pending agreement.

David Sleigh, Collins' attorney, declined Tuesday to  elaborate on the
agreement until it can be completed by  the end of the month.

"Until all the T's are crossed and I's dotted, it would  be premature
to say anything," Sleigh said, "but we've  worked out an arrangement
where our concerns have been  satisfied, and we'll be dismissing the
case."

Sleigh said Collins has returned to UVM and is living  off campus. A
phone message left Tuesday for Collins  was not immediately returned.

University spokesman Enrique Corredera also declined to  discuss
details of the agreement, including whether  Collins was still subject
to campus disciplinary  action, but said it involves no monetary
settlement on  either part and does not impede UVM from enforcing its
policies "to ensure the health and safety of its  students."

According to a UVM police report filed by officer  Brandon King,
Collins' roommate reported that he was  feeling sick after smoking
marijuana with Collins in  his dorm room in Jeanne Mance Hall. He also
said  Collins supplied the marijuana. The roommate was taken  to
Fletcher Allen Health Care for evaluation, the  report stated. King
then questioned Collins, who  admitted to smoking marijuana, but not
inside the dorm.

After being told by Collins that he didn't want his  room searched,
King described the situation to the  dormitory's residential adviser,
who invoked a new  policy under which residential-life staff are
authorized to enter bedrooms in the event of a  perceived threat to
health and safety. The incident  marked the first time the policy was
invoked since its  establishment last year, UVM officials said.

In his report, King said he and UVM staff entered  Collins' room and
discovered 27 grams of marijuana  stems, two bongs and other drug
paraphernalia.

In court papers he filed against UVM, Collins claimed  he shouldn't be
subjected to a disciplinary hearing  based on evidence he argued was
illegally obtained  through the search of his room by police who did
not  obtain a warrant before they entered the room. Because  Collins
has dropped his lawsuit, however, the  unresolved case still leaves
open the legality of  campus room searches in which police are involved.

UVM Police Chief Gary Margolis said the Aug. 26  incident was an
administrative matter based on the  guidelines of the new policy, not
a police matter.  Margolis said King had the discretion to determine
whether the incident called for a criminal search of  the room, but
King instead deemed it a health and  safety issue.

"We could have gotten a warrant, but the officer was  making his
decision based on the fact that a person was  having a bad reaction,
and I support him on that,"  Margolis said. University officials
Tuesday backed the  "search for cause" policy, but said it will be
reviewed.

"This case raised legitimate questions about student  rights, and
although we continue to believe we acted  appropriately, we will
review our protocols and proceed  to make sure the rights of students
are protected while  at the same time they give us the ability to
enforce  our policies," Corredera said.
- ---
MAP posted-by: Derek