Suspended For Hookah

[ahwahoo2006]

As mentioned before, this is a private university that does not have to follow federal code. They are entitled to set their definition of "drug paraphanelia" however they choose.

[ASUSEAN1]

any updates on the situation?

[Geiseric]

While this is true, housing is not private property in the strict sense, it is rented to the student (sort of). However what we keep skipping over is that by signing a contract agreement, he agreed to the policy. Public or private, a contract is binding both ways. He is expected to follow the regulations, and they to enforce them, and provide the housing they accepted payment for. Private school or not, to renege on a contract is simply not legally sound. For them to choose to change the meaning of drug paraphernalia away from the federal definition is... hard to defend at best. If you were to allow that, again, as I said before, one could define an apple as drug paraphernalia, as it could be used as such.

*Edit*

Yes, it has been a while. Though, I would assume he doesn't really have time to socialize with his peers, being in a crisis and all. Edited October 31, 2007 by Geiseric

[ElCubano]

They didn't force their rules on you, you agreed to them. If its bullshit, don't sign on.

I hate to turn this into a flame war, but you, sir, are a moron, and I'm quite certain your song would change if you were told by your landlord that despite not being in your lease, he had decided your hookah was drug related, and as such your rent and deposit was his, and you were on the street. It is easy to ignore and ridicule the plights and mistakes of others when one is in a position of relative comfort. To allow injustice is to promote it. To ignore it is to cede to the viability of its existence.

You may be the "smart" one, but intelligence and knowledge are two different things. I commend you on such a thorogh analysis of the WRONG LAW. Dormitories are not subject to the same laws aparments are. As a college student, did you ever sign a lease or leave a security deposit? I didn't. Why? The applicable law here is is the conneticut innkeepers law. Perhaps my analysis is moronic (meaning you disagree and ergo my argument is anti-intellectual), but at least my facts are straight.

"Innkeepers may eject a guest for any of the following reasons and keep his room rental payment:

1. nonpayment;

2. disorderly conduct;

3. using the premises for an unlawful act;

4. bringing property that may be dangerous to others onto the premises;

5. failing to register as a guest;

6. using false pretenses to obtain accommodations;

7. being a minor unaccompanied by an adult registered guest;

8. exceeding the guest room occupancy limit;

9. violating federal, state, or local lodging establishment laws or regulations; or

10. violating the establishment's posted rules."

To exist competitively in this world, one must get some form of post-high school education. This is purchased from the college or university. Often this comes along with housing, most often demanded of first year students. You sign a contract for this housing, akin to a lease.

Yes, to exist competitvely, you need a college education. I'm glad, however, that I no longer live in communist Cuba where you are FORCED down a specific education path rather than subject to a choice. It is my right to decide whether or not I want to attend college. In every choice there are consequences and benefits. It's my job to balance them.

Also, A housing agreement does not equate to a lease.

It would seem they are ad-libbing rules and regulations in regards to what is in the (equivalent of the) lease.

They have the right to.
From the same University of Bridgeport document you quoted:

"1. Special Provisions
Nothing in the document will be construed to limit the authority of the Dean of Students or in his/her absence, the Acting Dean or the UJO, to suspend or otherwise sanction students on an immediate and emergency basis where s/he reasonably believes that such action is necessary or desirable to preserve the health, welfare, safety, and educational mission of the campus"
[YES!!! EVEN SOMETHING AS BROAD AS CONTRADICTING THE "EDUCATIONAL MISSION" RESULTS IN SANCTIONS]

As to your ridiculous comparison of living your mother, YOUR MOTHER OWNS THE HOUSE. The house has not been leased to you, she is not licensed to rent the house, therefore she is not required to follow federal standards in regards to tenants!

Ridiculous? What did you expect, I am a moron, remember? Perhaps so is the law. (1) A landLORD does not forfeit his ownership when he leases a property, so your point is irrelevant. (2) You're right, my mother is not renting me her house, I live there on an "at will" basis.

After a lease is up, it can be extended or terminated at will, no? Since a dorm contract is not a lease that specifies a specific amount of time, it is also an at will agreement (it is subject to the innkeper law).

And, yes, I'm aware that landlords are subject to federal housing laws but dormitories are exempt. Not all rentable facilities are.

*[Edit*
BTW, way to support your fellow hookah-smokers.

Dude, I support hookah-smokers whole-heartedly. I just believe in the freedom to do whatever you want on and with your OWN PROPERTY. This view is crucial to ensuring that people will be able to smoke in the privacy of their own homes. You see the small picture, I'm looking at the bigger one. Stop letting universities ban Hookah on their campuses and start letting governments ban hookah use in the privacy of the home. It all falls under the same rationale--infrindging property rights. That's what the whole smoking debate is about. Can someone who owns a restaurant decide smoking or non-smoking? Get the government out of this decision. But I have the feeling you care more about some pseudo-communist agenda than hookah-smokers because then you'd see my points actually advocate for the agency of hookah-smokers, nay, all citizens.

[ElCubano]

As mentioned before, this is a private university that does not have to follow federal code. They are entitled to set their definition of "drug paraphanelia" however they choose.

exactly.

[Geiseric]

Hmm.. Perhaps in this regard the law is on your side. Regardless, A few things I have to say, and then I will refrain. As I said before, I do not wish for this to become a flame war.
In fact, just to keep this for overrunning the original thread, I'll just PM it. Sorry for the intrusion, Bazzi.

*edit* (for clarity's sake)

I posted this in a bit of a hurry. I had work shorty after. My PM was also rather hastily written, and a bit jumbled, but I stand by it(elcubano knows what I am talking about). I don't think his statement is worthy of a reply, simply because his sole goal is not support our hookah- smoking friend, but to support those who clearly abused him. The fact that he was treated wrongly is irrefutable. I was out of place to insult him, but it was difficult for me not too, I find those who support the rule of the bourgeoisie and the laws that support them to be detrimental to all but the economic elite of our country.

Despite A sincere urge to research and refute everything he has said, I will keep silent, because this has already gone far enough. Edited October 31, 2007 by Geiseric

[Sonthert]

All good suggestions. The definition of paraphernalia is "Anything we want it to be." As I've said before they should be confiscating apples , soda cans and cars because they all fit into the definition of paraphernalia.

There should be some appeal process available to you with the school. I would just get a sue-happy ambulance chasing lawyer after them...the fact that they would go after cigars implies its personal. He'll bash them into an out-of-court settlement.

[Sonthert]

Actually, if you are living with moms or pops, even though you aren't paying rent, in the state of California, they still have to give you a 30 day written notice to vacate...they can't just kick you out on the street.

[shisha fan]

according to their logic even a corncub pipe would be considered paraphernalia, yet i don`t see the police raiding retirement homes.

[Geiseric]

All things I've already said, but logic doesn't work with... Bah here I go again, why bother.

[Bazzi]

OK, here is an update.

i wrote my letter of appeal (if anyone wants to read it, just contact me and i'll send it to you) and i think my hearing for it is on tuesday. the dean is on my side and says that this has gotten way out of hand. students and friends are signing a letter full of names to help keep me stay on campus and some protests may be in the works.

i do not want to sue quite yet because i want to see if i can beat these guys on my own by prooving that this is out of hand, and not fair because nothing is clearly stated. if i am suspended, then thats where i am getting a lawyer. however, in my official document that i recieved (pretty much a debriefing of the situation written by the directors of res life) there are several false testimonials and false evidence.

does anyone know if i can pin them on that? or does that not matter at the private university level?

sorry for the late updates, this last week has been very stressful.

thank you all for the suggestions and the help.

[lemmiwinks]

Sounds good for you, especially the protests and petitions. I'm sure the last thing the school wants to do is have this turn into a big deal because they're so clearly wrong.

If the dean is on your side, who is still pushing this? Just the RD?

And what kind of false testimonials and evidence do you mean? Like people saying you were smoking it in the dorm or something? If they really are false, it shouldn't matter whether the school is private or not...it's still lying... And I would still sue if they refuse to give you all your stuff back. (in the exact same condition it was in when they took it)

Good luck, hope you get all your shit back and don't get suspended.

[Bazzi]

the final decision is not made up to the dean, he is one vote out of 15 others pretty much. i have to go to a board of faculty, deans, and students and plead my case and then they let me know.

[Geiseric]

Are the false testimonies released by any officials of the college? If they are fellow students, there is really nothing you can do outside of bringing them to court for libel... I doubt you would really want to get involved with that. It does seem like you have the support of a good amount of the people on campus, which will certainly help your case...

[Bazzi]

its in an official document written by the directors of residential life. official college employees.

[Geiseric]

Sounds to me like they are backing themselves into a corner. Whether or not you will succeed with your hearing on campus or, every bit of official documentation they release provides you with fodder for a case in civic court. Good luck with your hearing.