Withholding Information-Removal From Residence?

[PolishSausage]

Here is the situation, my friends got caught drinking in their room last night underage. My one friend didn't have his ID so he gave a false name in hopes of getting away clean. My other friend who he was with was telling some girl about him giving the fake name and our RD overheard him.

She is now claiming that if he doesn't give up his friend he can be removed from residence and forced to live off campus or commute. Is this even legal, sounds like horsepoo to me and if it is illegal, who would I contact about this situation to make it right? Thanks

[Mango]

Yes it is true. Giving false information is pretty serious.

[PolishSausage]

Originally posted by SprayingMango
Yes it is true. Giving false information is pretty serious.

The one facing removal from residence didn't give false information, he knows about it and is going to be kicked out if he doesn't tell the RD who it really was. Entrapment?

[jdev]

i would have to go with the RD is in a position to prove that this person actually said this. it sounds as though this person didnt say the real name, otherwise he/she wouldnt have been threatened with removal.

your friend could just say something to the effect that they overheard someone else talking about it at a party or an off-campus gathering.

:shrug:

[beam]

Hey, I know....don't break the rules to begin with?


NAH! That makes way too much friggen sense.


I know that it isn't you who gave the false name, it isn't you who knows who gave the false name, etc, etc, etc.

I hate it when people who break rules/laws complain about "injustice".

Good luck with the situation.

[Jonno06]

i highly doubt that withholding info can lead to being kicked off campus.

i suggest asking a lawyer or someone who knows for 100% though..

[rmhawk]

Originally posted by PolishSausage

The one facing removal from residence didn't give false information, he knows about it and is going to be kicked out if he doesn't tell the RD who it really was. Entrapment?

I am currently enrolled in law classes right now. The definition of Entrapment, per the definition in my book, is providing someone the opportunity to commit a crime he/she would not normally commit.

Example: A man is sitting on a park bench, upset because he just went through a divorce and lost everything he owns. A cop walks up to the man, knowing he just lost everything, and asks the man if he wants to start selling drugs/stolen goods to make some money. That is entrapment because the man would not normally sell drugs/stolen goods.

[MayAMonkeyBeYourPinata]

Basically the friend drinking can obviously be kicked off campus. But the friend who knew about it I believe couldn't. Mainly because the RD is just blackmailing him by threatening to kick him off unless he tells.

[PyRo]

Simple, say he got drunk off campus and doesn't remember who he was haning out with.

[PolishSausage]

Originally posted by beam
Hey, I know....don't break the rules to begin with?


NAH! That makes way too much friggen sense.


I know that it isn't you who gave the false name, it isn't you who knows who gave the false name, etc, etc, etc.

I hate it when people who break rules/laws complain about "injustice".

Good luck with the situation.

I dont think its an injustice, I was wondering if it was legal

[PolishSausage]

How does one go about contacting the ACLU???

[PyRo]

In court yes he could be forced to testify against his friend. You would have to look at local laws, read your residence hall contract thing. It most likely says they can kick you out for any reason they feel like. Which means they can kick him out if he fails to give them the information. The only recourse you may have is it violates some law. Most likely its prefectly legal unless you pay alot of money for a lawyer who can find some loophole for you.

[shartley]

Originally posted by rmhawk
I am currently enrolled in law classes right now. The definition of Entrapment, per the definition in my book, is providing someone the opportunity to commit a crime he/she would not normally commit.

Example: A man is sitting on a park bench, upset because he just went through a divorce and lost everything he owns. A cop walks up to the man, knowing he just lost everything, and asks the man if he wants to start selling drugs/stolen goods to make some money. That is entrapment because the man would not normally sell drugs/stolen goods.

Originally posted by PolishSausage
I dont think its an injustice, I was wondering if it was legal

Originally posted by PolishSausage
How does one go about contacting the ACLU???

http://www.aclu.org/ But trust me, the ACLU will not touch this one.

Originally posted by PyRo
In court yes he could be forced to testify against his friend. You would have to look at local laws, read your residence hall contract thing. It most likely says they can kick you out for any reason they feel like. Which means they can kick him out if he fails to give them the information. The only recourse you may have is it violates some law. Most likely its prefectly legal unless you pay alot of money for a lawyer who can find some loophole for you.

Bingo!

Originally posted by beam
Hey, I know....don't break the rules to begin with?


NAH! That makes way too much friggen sense.


I know that it isn't you who gave the false name, it isn't you who knows who gave the false name, etc, etc, etc.

I hate it when people who break rules/laws complain about "injustice".

Good luck with the situation.

I agree.. 110%

[rmhawk]

shartley - We obviously have different opinions. I am an Investigator for the County Public Defender's Office. You are an ex-cop. That is why you "think" it would not hold up in court. I "think" it would. Different sides of the playing field, that's all. You know how it goes. I am definately not trying to argue.

[Tunaman]

Too bad

In my opinon everyone who was involved should be punished if stupid enough to get caught. Witholding evidence just messes up our whole justice system. Now the police must do more work, spend more time, and cost US more money. Thanks alot! A true American would be a man and tell the cops everything they need to know. As for the punk that gave out a fake ID, he should get 10 yrs in jail for using an identity that isn't his own. Lowlife scum of the earth....
As I told my own Son, if you idiots would knock off the heavy partying for a few years till you grow up, you will learn some things about responsibility and the law along the way and eventually you WILL see things in a different light. I guarantee you will waste many precious years partying that one day soon you wish you could take back all those wasted years. There is more to life than partying...look around...opportunity is staring you in the face daring you to get your crap together and live life to the fullest. Dont help ruin society...be a part of it. :o