A University student must vacate his residence hall room by noon today after receiving a summary eviction — an immediate notice of ejection, without trial — as a result of being charged for, but not convicted of, a series of drug-related offenses.
The Eugene Police Department charged freshman Richard Brooker on Saturday with possession of less than an ounce of marijuana and manufacturing and delivery of controlled substances after officers gained access to his Thornton Hall room in Bean Complex and confiscated various drug paraphernalia.
At his Thursday morning arraignment, Brooker pleaded guilty to possession, but the charge of manufacturing and delivery was dropped. His plea resulted in a $400 fine and a six-month suspension of his driver’s license, and although Brooker is willing to accept responsibility, he said he believes the University should have waited to consider the court’s decision before issuing the summary eviction.
“Frankly, I think it’s ludicrous,” he said. “And it’s very distracting to me as a student.”
Since the more serious charge was dropped, Brooker has been working with the Office of Student Advocacy to file an injunction and to set a University trial date to plead his case and regain permission to live on campus.
Director of Residence Life Sandy Schoonover said the issuance of a summary eviction prior to a student’s court date is the result of the University judicial system’s independence from the city court system.
“These are two separate processes, and we have different goals sometimes,” she said. “On campus, decisions are based on the preponderance of evidence found at the scene.”
According to EPD reports, a sergeant and an officer were called in for assistance when Department of Public Safety officer Jed McGuire said he received anonymous information that Brooker was dealing controlled substances. At 8:30 p.m. Saturday, the EPD officers arrived on the scene, assisted by officer McGuire, three residence hall assistants and two complex directors.
Brooker’s roommate said he let the group into the room, and officers were in the process of issuing him a minor in possession of alcohol citation when Brooker came home. At that point, officers stopped issuing the citation and the roommate wasn’t cited.
Brooker said after the EPD and DPS officers asked everyone else to leave, they searched his room, found and seized several pieces of paraphernalia — among other items — and spoke with him for more than an hour. The officers allowed University officials back in the room before issuing Brooker a citation for manufacturing and unlawful delivery of controlled substances, based on the evidence gathered.
Before he was arrested, Brooker said officers confiscated an eighth of an ounce of marijuana, a broken scale, four pipes, a bong, a gas mask, gas filters and several small plastic condiment cups. A box of sandwich bags was also taken despite Brooker’s insistence that the bags were for food purposes. Brooker spent the night in a Lane County Jail cell and was released at 12:45 p.m. Sunday.
At the beginning of the week, Brooker received an informational letter from his complex director. Brooker said Associate Director of Residence Life Sheri Donahue told him that in all likelihood, he would be instructed to move out within a day’s time.
“They recommended that I pack my things,” he said.
On Wednesday, Brooker received a summary eviction that clarified it did “not serve as a formal conduct hearing or sanction for the alleged violations” and the decision was made “based on safety for the residence hall community.”
Schoonover said any suspicious items confiscated with controlled substances — whether by EPD or DPS — affects how seriously the University takes the incident.
Any time the Office of Housing issues a summary eviction, Schoonover said the Office of Student Judicial Affairs has the ability to overturn the decision based on updated court convictions or additional information. Such action is rare, however, she added.
“We do not wait for what happens off campus,” Schoonover said.
When asked about a hypothetical situation similar to Brooker’s, Assistant Director of the Office of Student Advocacy Anne Davies said the University should take convictions — as opposed to charges — into consideration when the student poses no immediate danger to the community.
“(University officials) should assess whether they should be acting so quickly,” Davies said. “They shouldn’t be abusing their discretion.”
Brooker said he is awaiting the opportunity to set a trial and plead his case with the expulsion board. While trying to remain optimistic about where he will sleep tonight, he also is trying not to think about the $9-per-day charge that will ensue if he is evicted.
“I just can’t believe I’m losing my home and getting charged for it,” he said.