Every year, the fall semester comes around and students who live on their university’s campus must move into their assigned dorm. For those who are returning students, your roommate(s) may be someone you know; however, for those who are freshmen and were randomly assigned a roommate for the fall, you may not know what you are signing up for by living with that person.

College university campuses have an undeniably large amount of alcohol and drug violations that coincide with living on campus. It is no surprise that the typical college lifestyle includes underage drinking and the illegal consumption of drugs, particularly marijuana. This lifestyle, although often expected of a college student, is not necessarily preferred by every college student – particularly when that lifestyle violates so many school conduct codes.

Oftentimes, your roommate or roommates may choose to live a completely different lifestyle than yours in more ways than one. Although your roommate may be a morning person and that may conflict with your lifestyle of being a night owl, a more concerning lifestyle difference involves the choice of whether or not to abide by the student conduct code. If your roommate(s), for example, chooses to smoke marijuana in your room without your consent, this is not only a student conduct violation but also a legal matter. The marijuana consumption policies, although may differ by state in terms of legality, are almost always still a violation of the student code.

So what do you do if your roommate violates the law or the student conduct code? Our experienced student defense attorneys at DC Student Defense are here to answer all your questions.

If your college roommate is violating the student conduct code and the law, what does that mean for you?

The first thing that you should do is have a conversation with your roommate(s) and make it clear that you do not agree with their lifestyle habit that violates school policy.

The second thing you can do while having that conversation is suggest that they do not break any laws in your shared living space, regardless of whether or not you are present. If the violators commit an illegal act outside of your dorm, the issue is out of your hands. However, if they are caught by campus police, they may be able to access your dorm to complete a full search of any potential violations, including possession of marijuana.

The third thing to do is make sure that you are living in the exact living space assigned to you through housing. For example, if you are assigned “Room B, Bed 3” make sure that all of your possessions are in the correct location. If your roommate(s) possesses marijuana in the dorm room, make sure that he or she knows to keep it in their assigned living space, as well. Most likely, if a room check is used, those who administer it will know whose space they are searching. However, if it is the case that the violation of marijuana possession is found in a shared living space (i.e. the kitchen or living room), it may be unclear to police or campus administrators who is in offense of the violation. In that case, if the police are involved, request a drug test, which will make it clear who is the one in violation based on the marijuana being in their system and not yours.

The fourth thing you can do is simply request to switch rooms. A room change request is often available to students a few weeks into the semester. You may even be able to apply for a room swap without informing your current roommate. If you are an upperclassman, it is likely that your roommate(s) you have trouble with may be someone you know and are friends with. That makes this process trickier. It’s always best to be as honest as possible with them, but it’s important to ensure nothing jeopardizes your education.

What if I’m falsely accused of a violation because of my roommate?

If your roommate gets caught violating the student code and you are falsely accused of participating or a similar charge, it’s important to understand the accusation against you and understand the process of student accusations and discipline. Academics do not specialize in writing rules and laws, so most university conduct and academic codes are hard to understand. However, an experienced student defense attorney can help you figure out what you’re up against.

It’s best to gather any evidence in your case. If you previously asked your roommate to move their things or keep them out of your space, this would be a good time to have those records – or anything that could help prove your innocence.

If the charges against you wade into criminal offense territory, you need to make sure your attorney can defend you in an academic setting, as well as a traditional legal setting.