Student Services Manual (SSM)

Effective: 11/1/1985

Revised: 7/1/2018

SSM 106–03: Alcohol and Other Drugs on Campus

Purpose

To provide the university community with guidelines for the use of alcohol and prohibitions for the use of other drugs on campus

Sources

Arizona Revised Statutes §§ 4–101 to –312

Arizona Administrative Code Title 19

Policy

ASU prohibits the unlawful use, possession, production, manufacture, and distribution of alcohol and other drugs and controlled substances. Students, faculty, staff, and visitors on campus are required to obey: 1) ASU policies regarding alcohol and other drugs; and 2) the Arizona law regarding alcohol and other drugs and controlled substances and to act reasonably to reduce the risks associated with use and abuse of these substances. This policy governs all service of alcohol on ASU property.

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Philosophy

ASU strives to create a healthy environment in which the illegal or improper use of alcohol and other drugs and controlled substances does not interfere with learning, performance, employment, residential living, or development. In particular, this policy is intended to accomplish the following:

1. to promote a healthy and safe learning, work, and residential environment
2. to demonstrate the commitment of the university to the provision of:
   
   1. education and prevention services designed to help prevent illegal and improper use of alcohol and other drugs

      and

   2. early intervention and referral services related to the illegal and improper use of alcohol and other drugs

3. to encourage and facilitate the use of treatment and support services by those students and employees who seek or are in need of assistance
4. to define expectations for conduct with respect to the illegal and improper use of alcohol and other drugs

   and

5. to identify appropriate disciplinary procedures for those who engage in illegal use or improper conduct associated with the use of alcohol and other drugs.

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Confidentiality

This policy is not intended to create obligations or restrictions that may interfere with the confidential nature of counseling, clinical, or therapeutic relationships. Confidentiality will be maintained in accordance with state and federal laws, including the Arizonans with Disabilities Act and the Americans with Disabilities Act.

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Federal and State Law Sanctions

Anyone who violates federal, state, or local law regarding alcohol or other drugs, including the illegal possession of drug paraphernalia, or who otherwise engages in illegal conduct is subject to prosecution and punishment by criminal and civil authorities in addition to disciplinary or administrative sanctions issued by the university. Sanctions under federal and state law for the unlawful possession or distribution of illicit drugs and alcohol are reprinted in the Annual Security and Fire Safety Report.

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Alcohol—State Laws and Regulations

All use and distribution of alcohol is subject to state laws and regulations, which include the following duties and prohibitions:

1. No person or organization may sell, furnish, or give alcoholic beverages to any person under the age of 21, except as otherwise permitted by law.
2. No person under the age of 21 is allowed to consume or possess alcoholic beverages, except as otherwise permitted by law.
3. No person authorized to sell or serve alcoholic beverages may consume such beverages while they are so engaged or employed.
4. No person or organization may serve or sell alcoholic beverages to any intoxicated or disorderly person, and such intoxicated persons shall not be allowed to remain on or about premises in which alcoholic beverages are furnished for more than 30 minutes after the state of intoxication is known or should be known to a person selling or serving alcoholic beverages.
5. Any person or organization authorized to serve alcoholic beverages who has reason to question whether the person ordering or attempting to order alcoholic beverages is under the age of 21 shall require that person to show an identification card which includes a photograph proving that the individual is at least 21 years of age.
6. No person under the legal drinking age may misrepresent his or her age with the intent to induce another to sell or serve alcohol contrary to law.
7. No person may solicit another person to purchase, sell, or serve alcohol contrary to law.

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Alcohol—University Policy

No alcohol may be served on the ASU campuses or at the Kerr Cultural Center, unless it is served at a designated special event pursuant to the Arizona Board of Regents’ policy 5-108 with approval by the president. If a completed permit to serve alcohol is not on file with the ASU Police Department prior to the event, alcohol service will not be permitted. All research activities requiring the dosing of subjects with alcohol or other drugs are subject to the ASU Human Subjects Institutional Review Board.

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Alcohol—Campus Housing Policy

Possession or consumption of alcohol in university housing is prohibited. University housing is defined as all residential facilities owned or managed by or for the benefit of ASU and/or are located on leased ASU property.

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Alcohol—Designated Events and Locations

Alcohol may be served only at the events and locations designated in the Police Department Policies and Procedures Manual—PDP 202–03, “Sales and Service of Alcoholic Beverages on Campus.”

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Alcohol—Tailgate Authorization

Arizona Board of Regents policy 5-108 authorizes the president to permit the consumption of alcohol at designated times and in designated areas of the university. Unless otherwise designated by the president, consumption of alcohol at authorized tailgate parties is limited to beer and wine and does not include spirituous liquor or other alcoholic beverages. Students must also adhere to any restrictions and requirements posted by Sun Devil Athletics.

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Alcohol—Sale or Service

Requirements for the sale or service of alcohol on campus and the procedures for obtaining the necessary permit are outlined in the Police Department Policies and Procedures Manual—PDP 202–03, “Sales and Service of Alcoholic Beverages on Campus.”

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Alcohol—Advertising, Sponsorship, and Promotion

1. Retail licensees, wholesalers, and suppliers may not advertise, provide sponsorship, or promote events or activities on university property unless a primary campus sponsor is identified. The primary campus sponsor must be a university employee (not a student employee) and must require that all advertising, sponsorship, and promotional activities adhere to these regulations.
2. All advertising, sponsorship, and promotion activities and materials should be consistent with ASU’s policy of discouraging the excessive use of alcohol and demeaning, sexual, or discriminatory portrayal of individuals or groups.
3. All advertisements for an event at which alcohol is being served or consumed shall be restricted to the residence of the guests or members who are invited to the event. No general posting of limited invitation events is permitted. Exceptions may include sharing of philanthropic information with the general campus community. These advertisements must not, however, imply that the general public may attend an event that is a limited invitation event.
4. Student organizations, individual and organizational sponsors, and campus units shall not allow, promote, or cooperate with retail licensees, wholesalers, or suppliers in the promotion of the following on university property:
   
   
   1. activities that are not in compliance with state laws, this policy, and other university policies
   2. activities that promote use of alcohol as a solution to personal or academic problems or as necessary for social or academic success
   3. activities that promote large quantities or excessive frequency of alcohol use

      and

   4. activities that promote the performance of tasks requiring skilled reactions, such as the operation of motor vehicles, and the use of alcohol. (Exceptions would include monitored educational or research programs.)

5. The primary purpose of any sponsorship on university property shall not be the promotion of the retail licensee’s, wholesaler’s, or supplier’s product or organization. The intent must be to endorse and support alcohol education programs that provide for informed and responsible decision-making on the part of the individual to consume or not to consume spirituous liquor. The primary campus sponsor must identify and assure that educational reasons for the activity or event receive prominent display on any material or announcements. Pictures of spirituous liquor products shall not be permitted; however, nonspecific artistic graphics may be used and the retail licensee’s, wholesaler’s, or supplier’s logo or trademark is acceptable for use in print material.
6. The use of pneumatic or air-inflated replicas of cans, bottles, blimps, or balloons shall not be permitted. Exceptions would include balloons with an educational purpose identified by the university event sponsor. Posters and banners shall meet with approval of the university event sponsor and be within all stated regulations.

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Illegal Drugs and Controlled Substances—Drug-Free Workplace

The federal Drug-Free Workplace Act prohibits the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs in the workplace and provides for sanctions against faculty, staff, and student employees, permanent or temporary, who violate this policy. Grant or contract employees must notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction. Any employee who violates the Drug-Free Workplace policy is subject to prosecution and punishment by the civil authorities as well as to disciplinary procedures by the university, which may result in termination of employment.

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Illegal Drugs and Controlled Substances—Drug-Free Schools and Campuses

ASU is committed to providing a drug-free environment for all university students and employees. To achieve this goal and to comply with federal law, ASU prohibits the unlawful sale, manufacture, distribution, dispensation, possession, and use of controlled substances on its property or as part of any of its activities.

Sanctions are imposed on a student who violates a Board of Regents’ or university drug or alcohol policy; those sanctions may include suspension or expulsion and may also include the requirement that the student participate in a drug education or assessment program. Sanctions are imposed on an employee who violates this policy; those sanctions may include progressive discipline, termination of employment, and the requirement that the employee participate in a drug education or assessment program.

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Alcohol and Other Drugs—Health Risks

Alcohol

Use, misuse, abuse, and dependence on alcohol and other drugs present significant acute and chronic health risks. ASU has extensive information about the risks of alcohol and other drugs at wellness.asu.edu.

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Alcohol and Other Drugs—Education and Treatment Programs

1. Education is the primary focus of the university, and substance abuse prevention is a goal of this policy. The university provides honest and factual information through organized educational programs in an effort to assist individuals to make decisions regarding the use of alcohol and other drugs. The university provides information about illegal substances and their effects, and about the establishment of responsible drinking behavior for those individuals of legal age who choose to use alcoholic beverages. Information regarding the health risks associated with the use of alcohol and other drugs, drug awareness programs, and drug education and assessment programs is available to employees and students.
2. Counseling and assistance programs have been established to assist students, faculty, and staff who may have alcohol and other substance use problems.
3. Physical care is available for students at the student health centers, and counseling is available through the counseling centers. Students may be referred to outside agencies or physicians for ongoing treatment.
4. Information and assistance in connecting to resources is provided by student peer advisors in residence halls at the Tempe campus.
5. Academic courses are available regarding health-related issues and substance abuse and addiction.

Definitions

Definitions of terms and phrases in this policy, unless the context provides otherwise, are as follows:

Alcohol or Alcoholic Beverages

Brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, malt liquor, absinthe, or a compound or mixture of any of the above and any liquor mixture or preparation that produces intoxication and includes all beverages that contain more than one-half of one percent alcohol by volume.

Distribution

Sale, exchange, transfer, delivery, or gift.

President

The president of the university or his or her designee.

Primary Campus Sponsor or Event Sponsor

A university employee (but not including a student employee) who has agreed to sponsor an event or activity in his or her capacity as a university employee.

Student

“Student” is defined in the Arizona Board of Regents’ Student Code of Conduct (see SSM 104–01, “Student Code of Conduct and Student Disciplinary Procedures”).

Student Organization

An organization composed primarily of students that has been registered or that has received recognition according to university policies and procedures or is affiliated with a university department. This includes groups that occupy facilities.

University

Arizona State University (all campuses unless otherwise specified).

University Community

“University community” is defined in the Arizona Board of Regents’ Student Code of Conduct (see SSM 104–01, “Student Code of Conduct and Student Disciplinary Procedures”).

University Property

“University property” is defined in the Arizona Board of Regents’ Student Code of Conduct (see SSM 104–01, “Student Code of Conduct and Student Disciplinary Procedures”).

University-sponsored Activity

“University-sponsored activity” is defined in the Arizona Board of Regents’ Student Code of Conduct (see SSM 104–01, “Student Code of Conduct and Student Disciplinary Procedures”).

Cross-Reference

For more information about ASU’s policies on alcohol on campus, see the Police Department Policies and Procedures Manual—PDP 202–03, “Sales and Service of Alcoholic Beverages.”

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