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James J. Morale
vs.
Michael Grigel, as Resident Assistant at New Hampshire Technical Institute, Concord, New Hampshire; Dr. David E. Larrabee, Sr., as Director of New Hampshire Technical Institute; Charles L. Downs, as Chariman of the All-Institute Judicial Committee, Level II; David Bashaw, as Advisor to and Member of the All-Institute Judicial Committee, Level II; Edith Lane, as Head Resident at New Hampshire Technical Institute; Gene Morrissette, as Campus Security Officer at New Hampshire Technical Institute; Herbert A. Sewade, Jr.; Edward Boulay, Jr.; Carolyn Andrews; John Tunney; Joanne McCraren; Thomas St. Lawrence; William Moore; Sandra Hobden; as members of the Level II Committee
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Issues:
Drugs, evidence, search, due process, policy and procedure, Fourth and Fourteenth Amendments.
Case Summary:
James Morale a former student at the New Hampshire Technical Institute, challenges his dismissal from the school. When a fellow student in Morale's residence hall reported the theft of a stereo unit, the hall's resident assistant initiated a search of the rooms of other residents. The assistant received verbal permission from a resident before conducting a search of his room. During a search of Morale's room the assistant discovered a bag of leafy material that looked liked marijuana. The assistant told Morale to dispose of the "pot." The assistant later returned to Morale's room and discovered marijuana seeds. Morale later admitted the seeds were his. School administrators subsequently scheduled a disciplinary hearing to consider Morale's case. The hearing concluded Morale violated school drug policies and ordered his dismissal. Morale petitioned for an appeal hearing.
Decision of lower jurisdiction:
The school's judicial committee rejected Morale's contention that the resident assistant performed an illegal search of his room. The panel ordered Morale suspended for one semester. Morale subsequently filed suit.
Outcome:
Morale loses. The U.S. District Court for the District of New Hampshire ruled for the school. The court ruled no reversible erred occurred during the judicial panel's review. The court upheld the school's decision to suspend Morale.