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Manzanita resident evicted due to Facebook pictures

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Freshman Phil Linden was kicked out of Manzanita in early April for drinking and is now living out of his friend's apartment near campus. The only evidence used against him was Facebook photos.

On March 24, Residential Life officials informed Phillip Linden that he had five days to move out of his room in Manzanita Hall.

Linden, an undeclared freshman, was told that the University had come across evidence that showed he had violated Residential Life's alcohol and drug policies.

The evidence was photographs from Facebook.com.

Residential Life employees laid several photographs showing Linden holding beer and marijuana on an office table.

"They explained to me that Facebook is a public site, so ... they have the right ... to go on Facebook and look at the pictures and take up action," Linden said.

Kendra Hunter, an associate director for Residential Life, would not comment specifically on Linden's case, but she did say Residential Life has taken action on pictures posted on Facebook.

"If someone brings forward a complaint that is found on any of the Web communities, then we certainly will address it," she said.

Linden said in his case, the complaint about the online photos was made by a resident assistant.

Residential Life did not release the identity of the resident assistant, Linden added.

Anything that makes a student or staff member suspect a violation of Residential Life policies will be investigated, Hunter said. This includes online information, be it pictures or words, she added.

The Manzanita hallway was visible in the background of some of the pictures, Linden said.

As a result, the pictures were used as proof that Linden had been in possession of alcohol in a residence hall, which is a violation of University policy.

"The resident is found in violation of the alcohol policy on at least two or more occasions as presented by the resident himself in an open forum Internet posting," said Steven Dunham, Residential Life appeals moderator, in a letter to Linden.

Linden provided a copy of the letter and other documents confirming his story to The State Press.

Linden was also found in violation of the controlled substances policy due to

pictures on the site that reportedly showed Linden using illegal drugs.

These two violations, along with a write-up Linden received in early December for possessing alcohol in a residence hall, meant his contract with Residential Life was officially terminated April 3.

Hunter added Residential Life does not monitor the Internet. It only uses

information from Web sites when it is specifically brought to the office's attention, she said.

So far this school year, Hunter's office has seen 15 cases in which information from Web communities allegedly showed a student had broken a Residential Life policy, she said.

This number is consistent with previous years, Hunter said. But Hunter said she thinks Residential Life will see more cases involving the Internet in the future.

"I think one of the things that is happening as a national trend ... is the usage by students with Facebook and MySpace is increasing," Hunter said. "With that ... there more than likely will be an increase [in complaints involving those sites]."

Linden said he appealed his decision because he had nowhere else to live. He and his family are from Texas.

He also pointed out to officials that he had not posted any of the incriminating photos on Facebook.

The pictures must have been taken and posted by others because Linden does not own a digital camera, he said.

But the appeal was dismissed, and Linden only gained five extra days to move out.

He is now living with friends in their Tempe apartment, Linden said.

Linden added that he has removed the link to his name from all the pictures used in the case.

Linden said Residential Life overstepped its boundaries by looking at the networking site.

"I didn't think they could go on to the Internet and just pull up pictures of anyone they wanted to get them in trouble," Linden said.

Hunter that said in cases concerning online pictures, Residential Life is not concerned with the pictures themselves.

"It's not about the behavior that's on the Web site," Hunter said. "It's about the behavior in general."

Linden said he has warned all his friends to be careful when posting pictures on the Internet in the future.

"Be nice to your RAs because they can hunt you down," he added.

Reach the reporter at shea.drefs@asu.edu.


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