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Policies & Regulations - Alcohol Beverage and Drug Policies

A. Philosophy

Social settings may vary in size and purpose, and some will include the consumption of alcoholic beverages. In this respect it is expected that all those who choose to use alcohol on the University campus do so in a responsible and appropriate manner and at no time should alcohol become a primary focus of any activity. Students should understand that misuse of alcohol or other drugs can result in psychological and physical dependence and that alcohol and other drug abuse can lead to serious physical consequences such as suppression of immune response, organ damage, and learning and memory problems. Any substance used immoderately will result in negative consequences for the user.

 

B. Basic Principles

  • Illicit drug use, including consumption, possession, and distribution, is a violation of University policy as well as state and federal law. It is, therefore, prohibited at the University of Maine. Students who violate the University’s drug policy and/or state and federal laws will be subject to the University’s Student Conduct Code and/or state and federal criminal justice procedures.
  • Students desiring information or help concerning a substance use or abuse issue are encouraged to contact the Student Wellness Resource Center at 581-1423 for a confidential consultation.
  • Consumption of alcoholic beverages on campus, on university property, or in fraternity/sorority houses is a privilege accorded any person 21 years of age or older unless other rules do not allow drinking at all (ex. facility rules, etc.).
  • Persons are expected to assume responsibility for their own behavior while drinking and must understand that being under the influence of alcohol in no way lessens their accountability to the University community.
  • Whenever alcohol is served, there must be a variety of non-alcoholic beverages (served in the same type containers in which alcoholic beverages are served) and food available in sufficient quantities to last for the entire event.

 

C. General Guidelines

  • Illicit drug use is forbidden on-campus and off-campus at any University-sponsored event.
  • Persons 21 years of age and over may use alcohol in the privacy of their rooms unless otherwise determined by University policies.
  • The consumption of alcohol or possession of an open container is prohibited in all public areas.
  • The University prohibits delivery of alcoholic beverages to the campus except delivery by wholesale distributors to an event for which proper permits and liquor licenses exist.
  • The use of containers other than glass is strongly encouraged to prevent breakage and personal injury.
  • All members of the University community who are of legal drinking age are urged to limit their consumption of alcoholic beverages to one drink (5 oz. wine, 12 oz. beer, 1 1/4 oz. distilled spirits) per hour to decrease the likelihood of intoxication.
  • Alcohol will not be the primary focus of any event.
  • Drinking of alcoholic beverages is not allowed in any academic building without prior approval from the appropriate vice president and registration of the event with the University of Maine Police Department.
  • Drinking of alcoholic beverages is prohibited in the University dining facilities. Requests for exception to this regulation must be approved by the facility manager. Proper licenses or permits must be obtained through catering services.
  • Any student even where alcoholic beverages will be available must be approved through the University’s event management process including, but not limited to, the filing of the appropriate form through Campus Activities and Student Engagement.

 

D. Maine State Law

All students and employees should be familiar with the Maine State Law pertaining to the sale, consumption, or possession of alcoholic beverages. A copy of the laws along with the University Alcohol Beverage and Drug Policies will be distributed to all incoming students, employees, and outside users of University facilities prior to October 1st of each academic year. Please see Federal and Maine State laws website for more details at: http://www.maine.gov/dps/bhs/impaired-driving/guide.html.

 

E. State Alcohol Beverage Control Liquor Licensing and Compliance:

The University recognizes the function of this authority and will cooperate with all those responsible in the discharge of their duties http://www.maine.gov/dps/liqr/regulations.html.

 

F. Alcohol and Education

The University recognizes that drinking alcohol is a common adult activity for some. It is further recognized that alcohol use, misuse, and abuse are complex behaviors and that increased education and knowledge, concerning the substance alcohol leads to more responsible use and consequently fewer problems associated with alcohol misuse. In this regard, the University actively supports alcohol education and awareness programs through its Alcohol Education Program, which is situated within the Student Wellness Resource Center. This office provides an array of services to the student body, including workshops, screening, brief intervention, staff training, prevention programming, non-alcoholic activities, assessment, limited outpatient treatment, and referral services. Throughout the year educational programs and alternative non-alcoholic functions are offered to promote environments, which are conducive to positive functions and responsible drinking. Further efforts to disseminate knowledge and reduce alcohol and drug misuse in this community are mandated in the following ways:

  • The University will support and maintain the Student Wellness Resource Center and an Employee Assistance Program that provide extensive services and education for the entire University community. These services will include, but are not limited to policy dissemination, assessment, prevention programming, training, consultation, referral to internal and external facilities, assessment, and limited outpatient treatment.
  • Alcohol education norms campaigns will be distributed to the campus annually.
  • Alcohol education sessions will occur each academic year that target the highest risk populations including first year students, student organizations, and athletic teams.
  • The University will support and maintain an active Alcohol and Other Drugs Community Coalition.
  • Each October is designated as Alcohol Responsibility Month. During this month extensive alcohol-related programming will occur.
  • All student services staff will be given an appropriate (as determined by individual program directors) alcohol and other drug education. These staff will include Residential Life, Counseling Center, Police, Conduct Office, and Student Life staff.
  • All residence halls will be required to present an alcohol/substance abuse-oriented workshop for their students each semester.
  • All fraternity/sorority new members will attend an alcohol and other drug education series as suggested and mandated by the University of Maine Interfraternity Council and the University Panhellenic Association in association with Fraternity and Sorority Life.
  • All fraternities/sororities will present one alcohol/substance abuse-oriented workshop each year as suggested and mandated by the University of Maine Interfraternity Council and the University Panhellenic Association.
  • The University expects that the faculty will be educated in alcohol and other drug issues. This could occur through separate colleges in conjunction with the Student Wellness Resource Center. Model plans are available through this office.

 

G. Pub Policy

Pub Policy applies to all facilities at the University of Maine where the University license is used.

  • All local, state, and federal laws pertaining to the sale of alcoholic beverages will be upheld.
  • All patrons will present positive proof of age (Maine Liquor I.D. or Maine Driver’s License) to host/hostess.
  • There will be posted, conspicuously, in the room where liquor is being served and during such service, risk management advertisements outlining safe levels of consumption, alternatives to alcohol consumption, and management of situations where a guest becomes intoxicated. Acceptable risk management advertisements will be approved and available through the Student Wellness Resource Center.
  • Campus pubs may serve alcohol Monday through Friday, 4:00 p.m. to one half hour before closing and on Saturdays and Sundays from 12:00 noon to one half hour before closing.
  • In fraternities/sororities, sale of alcoholic beverages are not permitted except by the University’s Catering Service, which holds a qualified liquor license. In such cases, sales are permitted to members, and invited guests and such activities can only occur on approved special occasions on Friday from 5:00 p.m. to Saturday 12:00 a.m., and from Saturday 1:00 p.m. through Sunday 12:00 a.m.

 

H. Residence Halls and University Buildings: Guidelines for Private Functions Where Alcoholic Beverages Are Available

The following arrangements must be made for these functions:

  • All events with alcohol must follow Maine State Liquor Laws and proper permits and licenses must be obtained.
  • All events with alcohol must have an approved event management form through Campus Activities and Student Engagement.
  • A catered party form must be filled out with the Student Wellness Resource Center and Catering Services. This will indicate the individuals who are responsible for the event. These individuals, who must be over 21 years of age, will be designated the host/hostess.
  • State Liquor I.D’s or State of Maine Driver’s Licenses are required and must be checked by an attendant at the door. Legal drinkers will receive a distinctive hand stamp or otherwise be visually recognizable (e.g. wrist band, etc.).
  • The host/hostess or his/her designee will control access to liquor.
  • Attendants must be assigned who will help assure that liquor is not given to minors.
  • Violators of the law will be asked to desist by the attendants. If the violators refuse, a staff member must be notified who will notify proper personnel to deal with the situation, i.e., resident director, area director, police.
  • If staff is aware of violator(s), they should notify the attendants who should confront the violator(s). If the attendants are unable to handle the situation will call the University of Maine Police Department (UMPD).
  • Any function at which minors are found drinking may be shut down immediately, and the minors and students responsible for the function will be immediately referred through appropriate channels. (e.g. Community Standards, UMPD, residence life) as appropriate.
  • All common source containers of alcohol (i.e., kegs, punch bowls, beer balls, alcohol-filled fruits) must be approved by the Director of Residence life, the appropriate building manager, or their designee and may be obtained for approved functions only. The Director of Residence life or their designee determines whether there is a sufficient number of students to warrant common source containers and then determines the number permitted at any given time.
  • Students with illegal common source containers will be immediately referred to Community Standards.
  • All illegal common source containers will be confiscated and given to the police.

 

I. Alcohol Beverage Marketing Policy

  • The misuse of alcohol is a potential problem for college campuses. The inappropriate and irresponsible advertising of alcohol on a campus can further contribute to the problems of alcohol abuse. Therefore, the University of Maine has developed the following policy in support of a responsible approach to dealing with alcohol distributors wishing to advertise alcoholic beverages on campus: departments, programs, or officially recognized organizations of the University of Maine will only enter into advertising agreements with alcoholic beverage distributors/companies or their agents when the advertisements clearly advocate responsible alcohol use; have been approved by the Student Wellness Resource Center; and meet the following criteria; the essential element of on-campus alcohol ads being a clear anti-alcohol abuse message:

 ◦  Alcohol advertisements specifically targeted for members of the UMaine campus must avoid demeaning, sexual or discriminating portrayal of individuals.

◦  Alcohol ads will not encourage any form of alcohol misuse nor place emphasis on the quantity of or frequency of use.

◦  Alcohol beverage advertising will subscribe to the philosophy of responsible and legal use of the products represented.

◦  Alcohol beverages advertised on campus or in campus media will not portray drinking as contributing to the personal, academic, or social success of students.

◦  Alcohol beverage advertising will not associate beverage alcohol with increased sexual prowess, athletic ability, or with the performance of tasks that require skill or skilled reactions. Distribution of free alcohol shall not be used as a marketing tool.

◦  Alcohol advertisements promoting drink specials are prohibited on campus

  • Administration and oversight of the University’s Alcohol Beverage Marketing Policy rests with the Student Wellness Recourse Center. In interpreting the policy, the decisions of that office are subject to the same administrative review which applies to all other University policies, namely, that decisions can be appealed to the next supervisory level, up to and including the President. Oversight includes seeking action on non-compliance and resolving differences in policy interpretation. All individuals and departments within the University are expected to comply.

 

J. Coerced/Forced Consumption of Alcohol and/or Other Drugs and/or responsible organization(s).

In instances, such as hazing, where a student or students force another to consume alcohol or other drugs, or conspire(s) to force another to consume alcohol or other drugs, or fail(s) to take direct action to stop the incident (personal intervention, calling authorities) immediate and strict sanctions (including suspension/dismissal) may be imposed on the responsible individual(s).

 

K. University’s Relationship to Students

The University recognizes its contractual relationships with its students. In regard to alcohol and other drug use, the University realizes that its students are adults who are ultimately responsible for their own behavior. The University does, however, recognize its responsibility to provide services and policies which are designed to diminish the incidence of alcohol misuse and other illicit drug use and consequent negative outcomes, and in this regard, will educate its students and consistently enforce its alcohol and other drug-related policies as well as comply with local, state, and federal laws pertaining to alcohol and drug use. (Revised: Student Affairs Advisory Committee, April 1990)

 

L. University Catered-Party Policy

The service of alcoholic beverages at University functions must be in compliance with Maine State Law and University policies — i.e., an individual must be of legal age to possess or purchase alcoholic beverages; and individuals/organizations may not sell alcoholic beverages without proper license. The only approved University of Maine plan for dispensing alcoholic beverages at student functions is the University Catered-Party Policy. The sale of alcohol at any function is illegal without a liquor license.

Catering Services: The University will extend its qualified caterers liquor license for University Catered Parties under the following conditions:

  • Arrangements must be made with the Catering Office fourteen (14) days prior to the event.
  • The sponsoring organization plays a major role in planning and implementing the event. Furthermore, the student organization is responsible for seeing the members’ and guests’ behavior is consistent with University policies and state statutes. The sponsoring organization must create an atmosphere where norms of responsible alcohol use prevail.
  • The University office of Campus Activities and Student Engagement will determine in consultation with student groups the number of staff, including police coverage, required to service a party function.
  • A variety of non-alcoholic beverages must be available at the service areas at the same price or less than the cost of alcoholic beverages. Food available in sufficient quantities to last the entire event must be present.
  • University catered parties will occur only on Fridays and Saturdays. Exceptions for special occasions will be considered.
  • Money collected for University catered parties is limited to cash sales over the bar with all money being collected by Catering staff. Organizations hosting licensed parties may, however, collect a cover charge at the door to help defray party expenses related to entertainment. The cost of beer and wine offered for sale at University catered parties should be competitive with market prices.
  • All party venues must be in compliance with town fire, safety, and crowd-control regulations in order to be eligible for the University Catered-Party Policy. Regulations are available from the Director of Campus Activities.

 

M.     Federal Notifications Regarding Alcohol and Other Drugs

Federal notifications occur through the Clery reports to UMPD

 

N.      University Policy on Alcohol and Illegal Drugs

University policy recognizes that substance abuse is a complex problem that is not easily resolved solely by personal effort and may require professional assistance and/or treatment. Accordingly, each campus and System-wide Services have designated an individual to assist employees and students who seek referral for assistance with a substance-abuse problem. Students, faculty, and staff members with substance-abuse problems are encouraged to take advantage of available diagnostic, referral, counseling, and prevention services. However, employees and students availing themselves of these services will not be granted special privileges and exemptions from standard personnel practices applicable to job performance requirements and from standard academic and student conduct requirements. The University will not excuse acts of misconduct committed by employees and students whose judgment is impaired due to substance abuse.

Alcoholic Beverages: The sale, possession, and use of alcohol on campuses of the University of Maine System must comply with the laws of the State of Maine and with local campus regulations and procedures. The acquisition, possession, transportation, and consumption of alcohol by anyone under 21 years of age is prohibited by University policy http://www.maine.gov/dhhs/samhs/osa/parent/TeensandAlcohol/maine_laws.htm.

Illegal Drugs: The possession, use, manufacture, or distribution of illegal drugs (heroin, cocaine, marijuana, LSD, steroids, etc.) are prohibited at any time on University property and as part of any University activities. “Illegal drugs” does not mean the use of drugs under a valid prescription. Employees and students known to use, possess, manufacture, or distribute illegal drugs are liable to public law-enforcement actions and University disciplinary actions.

Sanctions: Employees and students who violate the University’s policy will be subject to disciplinary action by the University. The severity of the imposed sanctions will be appropriate to the violation; possible sanctions include suspension, probation, dismissal, restitution, official censure or reprimand, referral for prosecution, participation in a rehabilitation program, and other actions the University deems appropriate.

Special Rules That Apply to Employees and Students Under the Drug-Free Workplace Act

In November of 1988, the United States Congress enacted the Anti-Drug Abuse Act which contains a section called the “Drug Free Workplace Act of 1988.” This section requires organizations receiving federal grants and contracts to ensure that their workplaces are free from illegal use, possession, manufacture, or distribution of controlled substances.

The law requires employers who receive federal funds to:

  • notify employees that drug abuse is prohibited in the workplace,
  • establish a drug-free awareness program,
  • require each employee to notify the University of any criminal conviction for violations occurring in the workplace, and
  • impose sanctions or remedial actions for convicted employees.
  • As a result of the Anti-Drug Abuse Act of 1988, a court of law may suspend or terminate an individual’s eligibility for federal benefits, including student financial assistance, if that individual is convicted of certain drug offenses.
  • Marijuana is not permitted on campus even though possessor may have a valid Maine medical marijuana card

 

As a University employee, the Drug Free Workplace Act requires you to notify your supervisor (for example, Department Director or Principal Investigator) if you are convicted of any workplace-related criminal drug violation. You must notify your supervisor within five calendar days after the conviction. Failure to report a conviction may be grounds for dismissal.

Grantees, whether the University or individuals, must report in writing to the contracting or granting agency within 10 calendar days of receiving notice of the conviction.

Violations of the Drug Free Workplace Act can result in:

  • disciplinary action, including dismissal
  • suspension of payments under the grant
  • suspension or termination of the grant
  • suspension or debarment of the grantee

 

Maine Alcohol Laws

Please see the state of Maine Alcohol Laws website at http://www.maine.gov/dhhs/samhs/osa/parent/TeensandAlcohol/maine_laws.htm

Maine Drug Laws

Maine law prohibits the knowing, intentional and unauthorized possession, furnishing (distribution or giving away), and trafficking (selling) of scheduled drugs, such as cocaine, marijuana, lysergic acid diethylamide (LSD), heroin, and steroids:  http://www.maine.gov/dps/mdea/.

Possession can include merely allowing drugs to be kept in your room, car, or locker even though the drugs are owned by someone else. Furnishing means giving drugs to another, regardless of profit. If a student on one end of a bleacher sends drugs to a student at the other end, everyone who passed the drugs and who knew (or should have known) they were passing illegal drugs is legally guilty of “furnishing” that drug. Sharing a line of cocaine with friends (even if the friends don’t pay for it) is “furnishing cocaine.”

Trafficking is selling or exchanging an illegal drug and getting something in return. Trafficking also includes making, creating, manufacturing, growing, or cultivating drugs. Aggravated trafficking (carrying longer terms of imprisonment or greater fines) includes one of these factors:

  • trafficking within 1,000 feet of an elementary or secondary school
  • trafficking on a school bus
  • trafficking involving a minor (under 18)
  • trafficking 112 grams or more of cocaine or 32 grams or more of cocaine base
  • trafficking involving a firearm
  • prior conviction of a drug-related offense with a prison term of more than a year.

 

Federal Drug Offenses

The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional, and unauthorized manufacture, distribution, or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute, or dispense. Federal law also prohibits the knowing, intentional, and unauthorized creation, distribution, dispensing, or possession with intent to distribute or dispense a “counterfeit substance.”

Simple possession without necessarily intent to distribute is also forbidden by federal law and carries a penalty of imprisonment. Furthermore, “attempts” and/or conspiracies to distribute or possess with intent to distribute controlled substances are crimes under federal law.

  • Specific drug crimes carry greater penalties, including:
  • the distribution of narcotics to persons under 21
  • the distribution or manufacturing of narcotics near schools and colleges
  • the employment of juveniles under the age of 18 in drug trafficking operations
  • the distribution of controlled substances to pregnant women

The penalties for violating federal narcotic statutes vary considerably. The penalties may be more harsh based on two principal factors:

  • the type of drug involved (heroin, cocaine, marijuana, LSD, etc.)
  • the quantity of the drug involved

 

With the exception of simple possession charges, which result in up to one year imprisonment, maximum penalties for narcotic violations range from 20 years to life in prison. Certain violations carry mandatory minimum prison sentences of either 5 years or 10 years. Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are also more harsh.

Anabolic steroids are controlled substances. Distribution or possession with intent to distribute carries a sentence of up to five years and a $250,000 fine.

Questions sometimes arise as to what amount of narcotics found in the possession of a person is considered to be for personal use as opposed to the more serious offense of possession with intent to distribute. Federal law, as a general rule, considers anything more than a dosage unit as indicating an intent to distribute. In other words, the greater quantity possessed by the individual, the more likely it is that an individual possessed such quantity with an intent to distribute.

Maine Drug laws can be found at: http://janus.state.me.us/legis/statutes/17-a/title17-Ach45sec0.html

Health Risks Associated with Alcohol and Drug Abuse

Alcohol abuse and drug-use problems have become a national health concern. Alcohol is a chemical. So are drugs. Any chemical is potentially harmful to someone. Some of the health risks associated with alcohol and drugs are listed below. You should contact the resources under “Where Can Students Go For Help?” for additional information about health risks.

Where Can Students Go For Help?

Each campus of the University of Maine System has designated individuals to help students deal with substance abuse problems. In addition to the designated individuals, you may discuss problems with residence hall staff, counselors, or your supervisor. Those individuals can help you get assistance from a trained professional. TDD callers may leave a message for one of these individuals by calling the University of Maine System Office TDD: 973-3300. Indicate the name and campus of the person you wish to contact.

Lauri Sidelko, Student Wellness Resource Center, Rm 235—Memorial Union, (207) 581-1423. Website: http://www.umaine.edu/aod

Robert Dana, Vice President for Student Life and Dean of Students, 315 Memorial Union, 207-581-1406

In addition to campus resources you may find local social service agencies who can help, http://www.maine.gov/dhhs/samhs/osa/.

The following state and national telephone numbers may also be helpful:

National Treatment and Referral Line:  1-800-662-HELP


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