Appendix E

I. Policy Governing Use of Alcohol on Campus Outside of Residence Halls

Introduction

The University at Albany adheres to and enforces all federal, state and local legislation concerning alcohol. Violations of the Alcohol Policy will be addressed as prescribed by federal, state and local laws, by University policies, and by regulations described in Community Rights and Responsibilities

1. No alcohol may be consumed in academic buildings, on University grounds, on the academic podium, the CESTM Building, in the Physical Education complex, on the Downtown Campus and the East Campus complex, except at “alcohol approved” social functions.  An alcohol approved social function is one where the Alcohol Use Registration Form is filled out and approved by the Alcohol Administrator for that building. Events at which alcoholic beverages are served and which are not under the jurisdiction of a specific local alcohol policy administrator require an "Alcohol Use Registration Form" to be filed with the Vice President for Student Success in University Hall 206 (http://www.albany.edu/studentconduct/assets/UAlbany_Alcohol_Policy_and_Alcohol_Use_Registration_Form.pdf).

2. Under New York law, only persons twenty-one (21) years of age or older are legally entitled to purchase, be sold, given, or served alcohol. A person under 21 years of age may not possess or consume alcoholic beverages at any time on the University campus.

3. Under New York law, persons under the age of 21 are prohibited from possessing any alcoholic beverages with intent to consume the beverage.  Violators are subject to a fine up to $50.00 per offense.  Authorized law enforcement personnel may seize alcoholic beverages involved in alleged violations of this law.

4. Alcohol Policy for Students Over 21 Years of Age Living in Non-Freshmen Areas regarding Binge drinking with

5. Under New York law, anyone under 21 years of age who uses fraudulent proof of age to obtain alcohol is guilty of a misdemeanor.  This violation is punishable by a fine of up to $100.00 and a community service requirement of up to thirty (30) hours.

6. The Incident-Sanction Protocol for Alcohol & Other Drug Violations, replace the entire table with the attached.

7. A substantial part of the University at Albany is in the City of Albany and is subject to its open container law.  Thus no open container of an alcoholic beverage is permitted on the campus, except at approved social functions as described in #1 above.

8. Any event at which alcoholic beverages are sold requires a license from the New York State Liquor Authority. The sale of alcoholic beverages under the terms of State law and University policy is permitted at the licensed premises of the University Auxiliary Services (UAS) in the Campus Center. Any alcoholic beverages sold outside the Campus Center require a special liquor permit from the State of New York. This includes events or performances where tickets are sold and alcohol is provided free of charge or in exchange for a purchased ticket. This permit must be secured through UAS and arranged at least two weeks in advance in order to allow time for the State permit to be issued.

9. Under New York law, a person under the age of 21 who presents an altered New York State driver's license for the purpose of illegally purchasing an alcoholic beverage may be subject to a suspension of that driver's license for up to ninety (90) days and may also be required to apply to the Department of Motor Vehicles for a restricted use driver's license following the suspension.

10. Sponsor(s) of social events at which alcohol is served assume full responsibility for the enforcement of all federal, state and local laws and University policies with respect to the consumption of alcohol. This responsibility includes:

• Serving appropriate amounts of non-alcoholic beverages and food at events where alcohol is served.

• Double proof of age is required and must be presented to the appropriate “responsible person” as designated on the Alcohol Use Registration Form at all functions where alcoholic beverages are served and students are present.  The following are acceptable forms of proof:

• a valid driver's license

• a birth certificate or an official state or federal ID

• a passport

• a laminated ID card from another University/College

11. Camp Dippikill consists of 850 acres in Warrensburg, NY owned and operated by the Student Association. Alcohol use at Camp Dippikill is subject to all federal, state and local laws and University policies with respect to the consumption of alcohol.  Administration of this policy is the responsibility of the Director of this property. No alcohol may be sold by any organization on this property.

12.  Driving under the influence of alcohol on University property is prohibited and violators will be subject to arrest.

13. The Vice President for Student Success is responsible for implementing and interpreting the alcohol use policy.

II. Policy for Governing the Use of Alcohol in Residence Halls

All University at Albany students who live in residence and their visitors/guests are subject to New York State Law and the University at Albany’s policy regarding possession and consumption of alcohol, as well as specific policies governing the Residence Halls.

1. Definition of Residence Hall/University Apartment Areas

Residence Halls are defined as the quadrangles and the University Apartment complexes, including outdoor areas.  The boundaries of Indian, State, Colonial and Dutch Quadrangles are defined by the first paved roadway or sidewalk adjacent to the quadrangle.  Indian and Dutch Quadrangles include the playing fields adjacent to the west and east respectively with regard to the application of this policy.  The boundaries of Alumni Quadrangle are defined by the exterior city sidewalks surrounding the quad.  The boundaries of Freedom Quad are defined by the entrance road to the complex from Tricentennial Drive.  The boundaries of Empire Commons are defined by the University roadways surrounding the complex.

2. Alcohol Policy in Freshmen Designated Residence Halls

Alcoholic beverages are never permitted in freshman residence halls.  This includes all residential buildings on Indian Quad and the designated freshman buildings on State Quad.  Designated freshmen buildings on State Quad are identified on a yearly basis on the Residential Life web site at http://www.albany.edu/housing.  Visitors or guests of students residing in these areas are not permitted to possess or consume alcohol in these areas regardless of whether they are of legal drinking age.  These areas are designated as alcohol free.

3. Alcohol Policy for Students Under 21 Years of Age Living in Non-Freshmen Areas

A person under 21 years of age may not possess or consume alcoholic beverages at any time on the University at Albany campus.

No possession or consumption of alcohol is permitted by any student or guest in private residence rooms where all the assigned residents are under 21 years of age.

Visitors or guests of students under 21 years of age are not permitted to possess or consume alcohol in the suite or bedroom of an underage student regardless of whether they are of legal drinking age.

Alcohol containers, including empty liquor bottles, wine bottles and/or beer cans are prohibited.

4. Alcohol Policy for Students Over 21 Years of Age Living in Non-Freshmen Areas

The following regulations regarding alcohol use apply to students and visitors/guests in the non-freshmen areas who are 21 years of age or older:

No individual student may possess more than 12, 12 oz bottles/cans of beer (or the equivalent), or one liter of hard liquor or wine at one time in their assigned residence room/apartment. Guests or visitors are prohibited from bringing alcohol for consumption or distribution into any residence hall room/apartment.

Binge drinking is defined as consuming five or more drinks on one occasion for men or four or more drinks on one occasion for women. Binge drinking is strictly prohibited.

Individuals of legal drinking age may not provide alcohol to underage roommates, suitemates, visitors or guests.

Drinking games (e.g. beer pong) and other activities that promote the irresponsible use of alcohol are prohibited.  This includes the use of alcohol paraphernalia such as funnels and ice luges.

Kegs and beer balls, whether empty or full, tapped or untapped, are prohibited. Spiked punch and Jell-O shots containing alcohol, regardless of alcohol content are also prohibited.

Behavior that encourages or contributes to excessive alcohol consumption by another student is prohibited.

Carrying open containers of alcoholic beverages or consuming them in any public area of the campus is prohibited.  This includes movement between residence hall rooms or apartments with an alcoholic beverage.

Compliance with all requests by University officials, including Residential Life staff or University Police, for proof of 21-year-old status is required. If there is reasonable suspicion to believe that alcohol might be in squeeze bottles, cups or other such containers, University staff reserve the right to approach students and hold individuals accountable under the provisions of this policy.

Possession, consumption, and storage of alcohol are prohibited in all public areas, e.g. lounges, hallways, stairwells, common bathrooms, or outdoor areas.

Driving on University property while under the influence of alcohol is strictly prohibited and will result in arrest, loss of driving privileges on campus, and possible suspension or expulsion from the University.

5. Alcohol and Other Drug Education and Prevention Services and Programs

The University Counseling Center provides alcohol and drug prevention services and educational programs. The University Counseling Center can be reached at (518) 442-5800.  Middle Earth Crisis Intervention can be reached at (518) 442-5777 and on the web at  www.albany.edu/counseling_center/middle_earth.

Both the University Counseling Center and the Middle Earth Peer Assistance program are located at 400 Patroon Creek Boulevard, Suite 104 Albany NY 12206.

6.  The Incident-Sanction Protocol for Alcohol & Other Drug Violations

The sanctions specified in the following chart are the minimal expectations applied by staff in most student conduct cases involving alcohol and other drugs.  The University’s response is not restricted to those sanctions listed in the protocol.  Students are advised that illegal possession and/or use of alcohol and other drugs are strictly prohibited at the University.

III. Good Samaritan 911 Policy

The University at Albany’s Good Samaritan 911 Policy supports students who reach out for assistance in the case of a medical emergency, as well as supports the student who is helped. Therefore, a student or student organization seeking medical treatment for him/herself, or for any other student who is in immediate medical need, or any student who is the recipient of this emergency medical help, will not be subject to disciplinary sanctions related to the violation of using or possessing alcohol or other drugs, as defined in Community Rights and Responsibilities (Prohibited Conduct Drugs and Alcohol). This policy applies to emergencies both on and off campus. FAQs related to how this policy is implemented are available at: http://www.albany.edu/studentconduct/good_samaritan.php.