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3 4Bill Number: F-09-10-09 Final Vote: 5 6Author: Senator Matt Neman ___Student Senate Secretary: Peter Goldschmidt 7 8Dean of Student Life: Dr. Lisa Webb Student Senate Chair: Alaa Al- Barghuthi 9 10 11 12 A RESOLUTION CONCERNING PRIVACY HOURS AT FRATERNITY 13 HOUSING 14 15WHEREAS an IFC Fraternity house is a private residence for its 16 members, just as residence halls, Sorority houses, and 17 campus apartments are, and 18 19NOTING that in the Lease Agreement between the university and the 20 IFC Chapters it expresses that SMU Officials, including the 21 SMU police department, may only enter the home at a 22 reasonable hour, and 23 24FURTHER NOTING that in the sub-lease between an IFC fraternity and a given 25 IFC resident it is stated that university officials and staff 26 may only enter a room for inspections or with a warrant for 27 the search of a students room, and 28 29HAVING EXAMINED that the Student Code of Conduct Section 2.08(c) states that 30 no searches of Fraternity Houses will be conducted unless 31 such an order is issued upon reasonable cause through the 32 Dean of Student Life and Executive Director of Residence 33 Life and Student Housing, and 34 35RECOGNIZING that section 2.08(c) also states that nothing herein shall be 36 construed as to deny the University the right at any 37 reasonable hour time to conduct inspections to determine 38 compliance with health and safety regulations or to address 39 a person’s health and safety, and 40 41HAVING FURTHER 42EXAMINED that the SMU Student Code of Conduct also states that 43 university staff and officials may only enter a residents 44 room when there is a threat to someone’s health or at any 45 reasonable hour, as the leasing agreement states, and 46 47RECOGNIZING that the Student Code of Conduct Section 3.14(a) defines 48 harassment as conduct which unreasonably impairs the 49 privacy of any person or persons of another member of the 50 university community, and 51 52

53 54FURTHER 55RECOGNIZING 56 57 58 59ACKNOWLEDGING 60 61 62BEARING IN MIND 63 64 65 66 67BE IT THEREFORE 68RESOLVED 69 70 71 72 73 74 75 76ACKNOWLEDGING 77 78 79 80 81BE IT 82FURTHER RESOLVED 83 84 85 86 87Respectfully Submitted, 88 89Matthew Neman 90Dedman I Senator

that there is no reason for SMU Police to enter a fraternity house to check on the students past any reasonable hour, and that the SMU police have the privilege to enter a fraternity houses with probable cause for criminal activity, and that the SMU police do not need to periodically inspect each fraternity house on campus, as it is a violation of resident privacy and borderlines on a violation of the harassment policy mentioned above, and that SMU Officials, including the SMU Police, may not enter any IFC Fraternity house past any reasonable hour, which will be deemed to be at eight o’ clock p.m. until six o’ clock a.m. all seven days of the week while students are living in the house unless having witnessed probable cause or given a warrant from the Dean of Student Life or the Executive Director of Residence Life and Student Housing that in the lease agreement between the university and the Fraternity, which refers to the Student Code of Conduct Section 5.04, which states in 5.04(f) visitation hours are to be decided upon by each house that SMU Officials, including SMU Police, may not use guests in or going into the Fraternity house as reasonable cause.

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