Legal Question in Constitutional Law in Kansas

Constitutionality of required college student housing

My college-bound freshman is being required by her community college to live in college dorms, despite the fact that we have made other arrangements with local relatives. Is this requirement legal? Does it violate our constitutionally guaranteed rights to pursue individual liberties and happiness? She is an adult, of age, not disabled, and can otherwise make decisions about her housing except in the situation where she is attending college. Has anyone ever challenged the legality of such required housing sitations?


Asked on 5/16/00, 8:04 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Constitutionality of required college student housing

It has long been the custom in many colleges and universities to require freshman to reside on campus, men and women, when they are under the age of majority. I am unaware of an institution requiring those over the age of majority to reside in the dorms.

If this is, as you indicate, a public institution, then it is my opinion that they cannot legally require your daughter to reside on campus if she is of legal age and has other suitable accomodations. There may be those who would disagree with me.

Unfortunately, it may take more time, effort and money to challenge the college than it is worth, unless you are motivated to establish an important principle. I would not expect the college to roll over easily, but I would certainly intend that a legal challenge to this policy would result in a change of policy as respects non-minor students.

Would she be permitted to make her own living arrangements in her sophomore year? If so, what is the difference now since she is already of age?

That would seem to be the relevant inquiry.

Good luck. Sometimes the ACLU gets interested in situations such as this. Did you call them?

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Answered on 7/05/00, 12:56 am


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