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Alcohol and Drug Policy

Policy Number STU-004
Effective Date December 17, 2007
Responsible Office/Person Judicial Affairs
Related Policies
Additional History
Additional References

Policy Statement
Massachusetts’s law forbids the sale or serving of alcoholic beverages to persons less than 21 years of age. The law also forbids falsifying identity cards and misrepresenting age in order to obtain alcohol.

Purpose
All members of the University community (and their visitors) are expected to abide by the laws regarding illegal use of alcohol and drugs. Failure to abide by these laws may result in criminal penalties, as well as University judicial sanctions, including suspension or dismissal.

The specific legislation regarding the local, state or federal sanction for the unlawful possession or distribution of illicit drugs and alcohol are on file with the Department of Public Safety and the Office of Student Affairs. They include:

Definitions
Chapter 94C, The Controlled Substances Laws lists specific controlled substances in classes A, B, C, D, E, including “marijuana, cocaine, morphine, opium, herion etc.” and also lists criminal penalties for any prohibited use of these substances. These include forfeiture of property as well as imprisonment and other criminal penalties. The law also prohibits misuse of drug paraphernalia.

Chapter 138, The laws Pertaining to Alcohol, regulates the sale of alcohol to minors, the use of any false identification to obtain alcohol, making false statements as to age to obtain alcohol, and minors on possession of alcohol, minors transporting alcohol, etc.

Chapter 90, Section 24 Operating Under the Influence Law is strictly enforced on campus.

Alcohol Consumption Areas

Campus Services authorities may serve alcohol after proper arrangements have been made by the individual and/or group through the Conference Office. For further information, please refer to the Functions/Reservations form. See Residence Hall and Apartment specifications below.

Consuming

Any person consuming alcoholic beverages outside of a licensed and/or sanctioned area shall be ordered to dispose of said beverage by a University staff person, including but not limited to: student affairs staff, resident assistants, resident directors, and public safety staff. The violation may result in judicial action, arrest or criminal summons and mandatory education.

Transporting

Any person observed transporting alcoholic beverages on University property may be required by an indentified University official to provide proof of his or her age. If the person is a student less than 21 years of age, he or she may be subject to arrest for a violation of Massachusetts General Laws and/or subject to judicial action, including but not limited to, mandatory substance abuse education. Any person less than 21 years of age found unlawfully transporting alcoholic beverages on University property who is not a current University student he or she may be escorted off campus and may be issued a no-trespass letter from the University. In any event, the police officer/staff person shall confiscate the alcoholic beverages for disposal.

Rules and Regulation Governing the Sale and Serving of Alcohol

The laws of Commonwealth of Massachusetts, the Town of Dartmouth, and policies of the University of Massachusetts Dartmouth and the regulations of SMUSERV, Inc. govern the service and sale of alcoholic beverages on the UMass Dartmouth campus. In recognition of these laws, rights, and responsibilities, the following rules and regulations are hereby published:

The serving and/or sale of any alcoholic beverages by any organization other than SMUSERV. Inc. is not authorized.
The SMUSERV, Inc club license permits alcoholic beverages to be served or sold at UMass Dartmouth; however, the sale of alcoholic beverages is prohibited in all University buildings with the exception of the following licensed areas: Campus Center (all floors), west patio of Campus Center, Residents Dining Hall, Corsairs Cove, Auditorium Lobby, Foster Administration Building (third floor) and Group VI.
The advertising of the selling of spirits, including beer and wine, is forbidden by provision of the club license. Each organization must sign a form when the function is booked, indicating that they understand the function is booked, indicating that they understand the above regulation; and if they advertise, the advertisement must be approved by the Director of Student Activities to designee prior to printing, or the event may be cancelled.
All bars service shall be closed no later than 12:15a.m.; however, Campus Services management, or University Police, reserves the right to close any bar at an earlier time to preserve the health and safety of its patrons.
Due to the special nature of a club license, all guests at any Campus Services functions serving alcoholic beverages must be registered. The organization shall be charged a nominal general registration fee to cover all guests in attendance.

Campus Services management reserves the right to refuse to serve anyone who in its best judgment may be under the influence of alcohol, or for any reason necessary in its judgment to preserve the health and safety of its employees, customers, guests, or the community. All servers receive training mandated by the Town of Dartmouth General By-Laws.

Any law of the Commonwealth of Massachusetts, Town of Dartmouth, and regulations of SMUSERV, Inc. are incorporated herein. Individuals served must be members of SMUSERV, Inc. or a recognized guest.

Procedures
General
Illegal possession and/or consumption of alcoholic beverages or illegal drugs may result in arrest or criminal and will result in judicial action up to and including suspension or dismissal from UMass Dartmouth Housing or for the University.
Any person who is not of legal drinking age may not possess or consume alcoholic beverages anywhere on the campus of UMass Dartmouth. At no time is the possession and consumption of alcoholic beverages by anyone, regardless of age, permitted in any corridor, stairway, lounge, lobby, porch, grassy area, walkway, parking lot, picnic bench, or any area that can be construed as being public. Exception is made for the bona fide transportation of closed alcoholic beverage containers with the original seal intact by persons of legal age from point of purchase to private areas and any University sanctioned event. Individuals who have open alcohol containers in public may be subject to arrest or criminal summons, disciplinary action and mandatory education.

A person in violation of the Alcohol and Drug Policy will have the alcoholic beverage(s) and drugs (including paraphernalia) in whatever amount confiscated by authorized University personnel. Individuals may not possess kegs, beer balls, ice luges, grain alcohol or any equipment that provides alcohol from a common source. Confiscation will extend to any keg, tap or funnel-type apparatus which appears to have been used for the illegal consumption of alcoholic beverages. Such confiscated items will NOT be returned. A keg/tap will be held until all judicial proceedings have concluded and may be returned only to legal age person claiming responsibility for the keg/tap in a disciplinary proceeding. Any student found in possession of a keg or beer ball or other excessive amount may be subject to IMMEDIATE dismissal from Housing and/or may be placed on the “No Visitation” list for all residence areas. Individuals of legal drinking age who procure or provide alcoholic beverages for any underage person(s) will be subject to judicial action that may include immediate dismissal from the Residences/University.

The procedures and sanctions applicable for violations of this policy are found in the UMass Dartmouth Code of Student Conduct and the UMass Dartmouth Student Judiciary Policies and Procedures.

Referral and Sanctions
Violators of the UMD Drug & Alcohol policy are subject to a referral system that includes two aspects: Judicial Sanctions and Educational Sanctions (which may include a fee). The University Sanctioning procedures are as follows:

Minimum Guidelines for Violation of the UMD Alcohol Policy

LEVEL I
DISCIPLINARY SANCTION: Disciplinary Probation
FEE: $50.
EDUCATIONAL SANCTION:

MSB-Alcohol Component of mystudentbody.com-An online tutorial about alcohol use that includes a pre and post test.
10 hours of community restitution.
LEVEL II
DISCIPLINARY SANCTION: Residence Hall Jeopardy and/or University Jeopardy
FEE: $75.
EDUCATIONAL SANCTION: Attendance at one or more of the following programs:

Costly Decisions-A two-hour program focusing on impaired driving, and other issues regarding the use of alcohol and drugs.
SLAM (Students Learning A Message) a four-hour program in which students observe life in jail and speak inmates imprisoned due in part to the consequences of alcohol abuse.
15 hours if community restitution.
LEVEL III
DISCIPLINARY SANCTION: Residence Hall and/or University Suspension or Dismissal
FEE: $100.
EDUCATIONAL SANCTION: Chemical Dependency Evaluation and 20 hours of community restitution.

Minimum Guidelines for Violations of the UMD Drug Policy

LEVEL I
DISCIPLINARY SANCTION: Residence Hall Jeopardy and/or University Jeopardy
FEE: $75.
EDUCATIONAL SANCTION: Attendance at one or more of the following programs:

Drug 101 A three-hour program focusing on the medical, academic, and personal dangers of drug abuse.
SLAM (Students Learning A Message) a four-hour program in which students observe life in jail and speak with inmates imprisoned due in part to the consequences of drug abuse.
15 hours of community restitution.
LEVEL II
DISCIPLINARY SANCTION: Residence Hall and/or University Suspension or Dismissal
FEE: $100.
EDUCATIONAL SANCTION: Chemical Dependency and 20 hours of community restitution.

NOTE: Sanctions are cumulative throughout a student’s college career until graduation.

ADDITIONAL INFORMATION:

The University may subject sanctioned violators to an additional; $25 fee per missed session and/or unpaid fees. More severe sanctions may be imposed on students with prior judicial histories. In addition, sanctions may be increased in consideration of the severity of the behavior and its impact on the university community.

Parental Notification
Contact may be made with parents/guardians of those students who are under age 21, each time the student has been found in violation of the UMass Dartmouth Alcohol & Drug Policy. These contacts may be made after the judicial process in completely exhausted, including the time period allotted for the appeal process. Only the specifics regarding the alcohol and/or drug violation be discussed with the parents/guardians. If there are other violations related to the alcohol and/or drug violation, written permission from the student must be obtained before any specifics about the non-alcohol and/or non-drug violations can be shared with the parents/guardians. If parent/guardian contacts any University official prior to the completion of the process, written permission from the student must be obtained before specifics about the incident can be shared. In emergency situations, parents/guardians may be contacted prior to the completion of the judicial process.

PRIMARY VIOLATIONS

Specifics: A violation of the UMass Dartmouth Alcohol and/or Drug Policy that results in hospital/medical intervention; A violation of the UMass Dartmouth Alcohol and/Drug Policy that results in police intervention which results in arrest, court summons or protective custody (parents will be told of the arrest/summons/protective custody, but will not be told of the specifics of the court case); Behavior that is influenced by alcohol and/or drug use, specifically: Assault, Causing harm to self/others, potential harm to self/others exists. A violation of the UMass Dartmouth Alcohol Policy that results in the student receiving the sanction of University Jeopardy; A violation of the UMass Dartmouth Alcohol and/or Drug Policy that results in the resident student receiving the sanction of Residence Jeopardy.

Contact: At this level, after the judicial process has been exhausted, the initial contact with the parent will be through a phone call. The hearing officer will make the phone call. After phone contact has been made, the same individual may follow-up with a letter to the parents. This letter will state the violation of the UMass Dartmouth Alcohol and/or Drug Policy has occurred and the phone number of the person who sent the letter and may highlight the phone conversation.

SECONDARY VIOLATIONS:

Specifics: Any violation of UMass Dartmouth Alcohol and/Drug Policy not outlined under “Primary Violations”.

Contact: AT this level, after the judicial process has been exhausted, contact will be made by means of a letter.

Contents of Letter: The letter sent home to parents for secondary violations should be a form letter, signed by the Hearing Officer or designee and should contain the following information: A general statement that a violation of the UMass Dartmouth Alcohol and/or Drug Policy has occurred; Resources available on campus; A statement that repeated offenses can/will jeopardize the Residence Hall Contract and/or standing as a student at UMass Dartmouth including up to suspension or expulsion from the University; The phone number of the Hearing Officer or designee, should the parents wish to talk with someone directly.

Responsibility
The Health Education Coordinator has the responsibility for educating the student community about issues involving alcohol and other drugs. The Judicial Affairs Coordinator in the Student Affairs Office has the responsibility for adjudicating alleged violations of this policy.

VI. Attachments
None.

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