OPINION & EDITORIAL
Privacy, dignity trampled by parental notification policy
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Also by Jack Craver:
Related Stories:
- Letters to the Editor: Feb. 28, 2002 (February 28, 2002)
- New policy could curb binge drinking (September 26, 2005)
- Restrictions don't solve alcohol issue (January 28, 2008)
- UW offers bogus two-for-one special (September 20, 2007)
- Underage drinking hurts economy (February 8, 2006)
by Jack Craver
Tuesday, February 5, 2008
Most of us don’t give much thought to the rights of underage
drinkers.
The consensus view is that although underage drinking is an acceptable and
popular risk to take, it nevertheless comes with consequences that cannot be
challenged, whether that means getting a $300 drinking ticket or getting
“written up” by a house fellow in the residence halls. As absurd as the drinking
age of 21 may seem, we ultimately choose not to contest it because it is an
injustice that, unlike racial or gender inequality, will not affect us
permanently.
However, what should disappoint all of us is that the University of Wisconsin’s
alcohol policy actually goes further than state and federal mandates and often
violates the privacy of its underage students.
In September 2005, Chancellor John Wiley announced that UW would begin to
notify the parents of students who showed particular disregard for the school’s
alcohol and drug policy. Since then, any student under 21 who is put on
disciplinary probation from an alcohol or drug violation can expect to have his
or her parents notified of the offense.
According to Associate Dean of Students Kevin Helmkamp, the rationale is that
parents should be made aware that their son or daughter could face suspension
or expulsion for any subsequent violation.
There is also the belief that the student’s prior behavior, which could range
anywhere from hosting a wine-tasting session to having a “shotgunning” contest,
is so destructive and dangerous that parental guidance is necessary to get the
student back on the right track for life.
A few students have probably found the policy genuinely helpful, while many
more have probably found it to be annoying. But regardless of opinion, from a
civil liberty standpoint, the policy is extraordinarily intrusive.
Americans are legally emancipated from their parents at the age of 18. If we
are arrested and charged with a crime, we are subject to the adult criminal
justice system, in which parents are completely uninvolved and uninvited.
Although many of us will choose to spend Thanksgiving and Christmas with our
parents, we are not obligated to do so, just as they are not obligated to foot
our tuition bill.
Many of you probably remember the university representative proudly telling you
at SOAR that, in accordance with
the Family Educational Rights and Privacy Act (FERPA), UW would not allow
snooping parents to dig into your business because you are adults. That means
that even if you fail every class your first semester and have to drop out,
your secret is still safe with the university. Why? Because you are a legally
independent adult who made an independent decision to go to college and will
likewise have to deal with any ensuing problems.
Unfortunately, the university, as well as the federal government — which
amended FERPA to allow the current parental notification policy — cannot bear
to extend this same legal reasoning to situations involving beer cans. A jury
of your peers might be sufficient for charges of murder or rape, but a game of
beer pong in the dorms is simply too naughty to resist calling Mr. and Mrs.
Cleaver.
Many readers will dismiss this issue as petty and unthreatening. Most freshmen
are smart enough to avoid getting caught with alcohol three (or four) times.
However, it would be sensible to assume those who are not as smart, or lucky,
do not deserve to have their privacy violated by self-righteous bureaucrats, no
matter how good the intention.
This is a public university and a state institution — not summer camp. Imagine
the absurdity that would result from other government institutions applying the
same policy to their 18, 19 and 20-year-old members. Should the Army send
letters home warning parents that their kids in the service are in risk of
demotion or discharge because of conduct unbecoming of a soldier?
Some instances of parental notification are more reasonable than others. In
situations in which the health of the student is a serious concern — such as a
suicide attempt or a drug or alcohol overdose — the university should be
allowed to get in touch with an emergency contact in the same way the military
is required to notify those concerned in cases of death or serious injury.
However, it is not right for the university to notify parents of a student’s
unwillingness to comply with university regulations. If the parents have no
legal responsibility, then students should not be forced to have their parents
involved.
It is more important now than ever for students to oppose this kind of
nanny-state regulation. The complacency of the student community gives UW, as
well as the city of Madison, the green light to impose even more draconian
policies to curb underage drinking, as displayed by the recent proposals from
Capital Neighborhoods, Inc. These proposals include requirements for bars to
purchase ID scanners, an increase in the beer tax and increased fines for
underage drinkers. While all of these schemes are certainly threatening to the
average student’s social life, none of them go to such lengths to violate his
or her civil rights like the parent notification policy does.
Although the university’s policy is in accordance with federal law, it is
nevertheless a troubling departure from the values of independence and personal
responsibility that a university community should foster in its students.
Moreover, it is constitutionally dubious, and we should all hope to see the day
when it is challenged in court by a heroic underage drinker.
Jack Craver (craver@wisc.edu) is a sophomore majoring in history.
Anonymous (February 5, 2008 @ 3:43am):
"hosting a wine-tasting session" LOL
Anonymous (February 5, 2008 @ 8:37am):
"...when it is challenged in court by a heroic underage drinker."
Is that like saying you can't wait until a pedophile challenges not being able to live near schools? Or is that more like saying you can't wait until drunk drivers challenge getting their licences taken away?
"Most freshmen are smart enough to avoid getting caught with alcohol three (or four) times."
Actually, most freshman are smart enough to avoid getting caught once unless they have terrible luck. The individuals who get caught multiple times had to go out of their way for that.
Seriously, just don't be stupid.
Anonymous (February 5, 2008 @ 9:41am):
If you got nothing to hide then you have nothing to worry about....oh wait, that's my wire tap rebuttal
Anonymous (February 5, 2008 @ 12:53pm):
I am sure that most parents are paying, at least in some way, and have a right to know how their investment is going.
If the students want to avoid parents finding out about their drinking adventures, just change their adress with the university to a PO BOX address
Anonymous (February 5, 2008 @ 1:49pm):
What an absurd comment from 8:37. How could somebody possibly compare an underage drinker to a child molester? Even people who support the drinking age understand that you can't actually expect people who want to drink to wait until they're 21. It's an absurd expectation because we are treated like adults in every other way, including receiving an adult punishment for breaking drinking age laws.
Anonymous (February 5, 2008 @ 3:02pm):
If you're having "shotgunning sessions" you're probably not fully mature yet. Yes, your mommy should know that she raised a complete moron with no common sense.
Anonymous (February 5, 2008 @ 9:16pm):
To 3:02, would you think it alright for the school to tell your parents if you started smoking cigarettes? It could be considered as stupid as a power hour - "with no common sense."
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