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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

 

C. General Guidelines

 

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:

 

G. Pub Policy

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

 

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

The following arrangements must be made for these functions:

 

I. Alcohol Beverage Marketing Policy

 ◦  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

 

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:

 

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:

 

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:

 

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:

 

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.

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

 

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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Student Handbook
5748 Memorial Union
Orono , ME 04469-5748
Phone: (207) 581-1406 | Fax: (207) 581-4215
The University of Maine
Orono, Maine 04469
207.581.1110
A Member of the University of Maine System