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Alcohol, Drugs and Prohibited Substances

I.    Introduction

 

Philadelphia University expects all students to adhere to all federal, state or local laws regarding the unlawful possession, use or distribution of alcohol, drugs, and illegal substances. The University is required by law to inform students of the sanctions which may be imposed on them for violations of those laws.  In addition, Philadelphia University is required to inform students

of the standards of conduct, University penalties, health risks, and counseling options as they pertain to substance abuse. All members of the Philadelphia University community are hereby notified of the primary components of the Substance Abuse Prevention Policy in compliance with the Drug-Free Schools and Community Act of 1989 and subsequent amendments.

 

II.   Local, State and Federal Laws

 

(1)   Alcohol

Under the statutes of the Commonwealth Pennsylvania, a person who is less than 21 years of age commits a summary offense if she/he attempts to purchase, consume, possess or transport alcohol.  If convicted of this offense, the minor's driver's license will be suspended for 90

days.  There is a $300 fine for a first offense and second offense will yield a fine up to

$500.  The police must notify the parents of any individual under the age of 18 charged with violating this law.

 

Any person who intentionally provides alcohol to a minor will be convicted of a misdemeanor of the third degree.  There will be a $1,000 fine for the first offense and a $2,500 fine for

subsequent offenses.  Maximum penalties are $2,500 in fines and one-year imprisonment.

 

(2)   False ID Cards

Minors carrying or using false ID cards face a 90-day driver's license suspension and are subject to fines up to $500.  For subsequent offenses, a driver's license can be suspended for one year for the second offense and two years for additional offenses.  Imprisonment is possible up to 90 days for the first offense and one year in prison is possible for subsequent offenses.

 

Manufacturing and/or selling a false ID card has been made a criminal offense, punishable by minimum fines of $1,000 for a first offense and $2,500 for subsequent offenses.  Maximum penalties are $5,000 in fines and two years in prison.

 

(3)   Drugs

There are both federal and state laws that proscribe the possession, use and distribution of illegal drugs, including the misuse and/or unauthorized possession and/or distribution of prescribed medications.  The sanctions for violating these laws consist in many cases, of mandatory imprisonment coupled with substantial fines.  The penalties for any given offense vary widely, depending on the nature of the offense and the type/quantity of drug involved.

 

For instance, under federal law, simple possession of a controlled substance carries with it a penalty of imprisonment of no more than one year, plus a fine of an amount between $1,000 and


 

 

$5,000.  If the controlled substance contains a cocaine base and the amount exceeds five grams, the offender will be imprisoned for not less than five years and not more than twenty years, or fined, or both.

 

Also under federal law, anyone who is at least 18 years old and who distributes drugs to anyone under age 21 will be imprisoned and/or fined up to twice what is otherwise provided by law, with a minimum prison sentence of one year.

 

Pennsylvania has statutes prohibiting the use, possession and distribution of drugs that are similarly strict.  In addition to imposing fines and/or prison terms for violations of its drug laws, Pennsylvania recently enacted a forfeiture statute. Under this statute, when the state arrests someone for violating its laws concerning the use, possession or distribution of drugs, the state will seize and that person will forfeit all of his/her property that was used to accomplish the violation of Pennsylvania's anti-drug laws, including the automobile.

 

III. Health Risks of Alcohol and Other Drugs

 

Alcohol and other drugs can dramatically affect the body and the mind.  Alcohol enters the bloodstream almost immediately, circulating to the brain and all organs. It depresses the central nervous system, slowing the thought process, reflexes and other motor skills.  Mentally, alcohol's effects may vary.  A person may find him or herself to be confused, moody, angry, emotional, and/or disoriented.  Larger doses can result in unconsciousness, coma, and/or death. Dangers associated with, and not limited to, the use of alcohol include: addiction, damage to vital organs, personal and automobile accidents, social problems (family, school, and job problems), birth defects, and other serious physical problems.

 

Marijuana negatively impacts physical coordination, sensory perception and impairs judgment, reasoning skills and memory.  Marijuana use has also been linked to chronic anxiety disorders and schizophrenia, among other mental health problems.

 

Users of ecstasy typically experience severe depression and fatigue as the drug wears

off.  Ecstasy has also been linked to internal hemorrhaging (bleeding), permanent brain damage and failure of body organs including the kidneys, heart and liver.

 

Other drugs, such as cocaine, LSD (acid), and heroin, impact the mind and body in different ways, but each has dangerous (and often deadly) effects on the people who use them. Cocaine,

for instance, raises blood pressure, heart rate and body temperature; narrows arteries and restricts blood flow to the heart; causes tremors, convulsions, nausea and vomiting; and can lead to

failure of the respiratory system. Hallucinogenic drugs such as LSD, beyond the physical health risks, cause severe psychological distress including panic and psychotic episodes that can last for weeks or months and return as flashbacks years later.

 

IV.   Alcohol Policy

 

As an institution of higher education, Philadelphia University wishes to promote the educational purposes of the University in all activities and to establish in our students a professional level of


 

 

behavior and personal deportment that is consistent with those educational objectives.  In light of problems of alcohol abuse in our society, especially among college students, the University seeks to encourage a social life that does not emphasize the role of alcoholic beverages in either private or group activities and yet allows students of legal age some opportunity to develop good habits for moderate and appropriate drinking.

 

The possession and consumption of alcoholic beverages on the campus of Philadelphia University and at University-related events is regulated by the statutes of the Commonwealth of Pennsylvania.   When evidence exists that an underage student has consumed, possessed, distributed and/or otherwise been in the presence of alcohol, that student will be referred to the University Judicial System.

 

Violations of the alcohol policy will remain active and accumulate for the duration of a student's matriculation at Philadelphia University.  Any student who has three semesters with no violations of the alcohol policy may submit a written request to the Associate Dean of Students to have his/her previous violations removed from his/her record.

 

Any University official (including members of Safety & Security, Residence Life and the Student Life staff) who has a reasonable suspicion that the alcohol policy is being violated may access any University facility to determine an appropriate course of action.  University officials are authorized to intervene in any situation that warrants action including, but not limited to: removal of attendees; closing of the event; and/or dumping or confiscation of alcohol; and notification of University personnel.

 

(1)   Alcohol Policy Violations

(a)  Consumption, distribution, transportation, or possession of alcoholic beverages by any person less than 21 years of age, either on or off-campus;

(b)   Presence of alcoholic beverages in a residence hall room where all the occupants are less than 21 years of age;

(c)  Providing alcoholic beverages to any person less than 21 years of age. (d)  Being less than 21 years of age and in the presence of alcohol;

(e)  Public Intoxication as indicated by appearance or behavior, such as: slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, alcohol on breath, vomiting or disturbance to others;

(f)  Distribution, sale, or trade of alcoholic beverages on the campus property or to members of the Philadelphia University community;

(g)   Possession of kegs, beer balls or similar bulk containers;

(h)   Possession by any person less than 21 years of age of paraphernalia associated with consumption of alcoholic beverages including, but not limited to, beer bongs and empty alcoholic beverage bottles; or,

(i)   Consumption, distribution, or possession of alcoholic beverages in public areas of the campus not designated as a permitted area or in said areas without a permit.

(j)   Use alcohol to the extent that the safety to self or others on the campus is jeopardized


 

 

(2)   Host Responsibilities

The residents in whose room/apartment/townhouse alcohol is being consumed are responsible for the behavior of their guests and will be held accountable for any policy violations. It is the responsibility of the residents to verify the age of any person consuming an alcoholic beverage and ensure that minors do not consume and are not allowed in the presence of alcohol; of-age guests do not leave the room/apartment/townhouse with open containers of alcohol; and that guests do not become intoxicated and/or disorderly.  Students found responsible for violating hosting standards will be subject to sanctions above and beyond those outlined below.

 

(3)   In-the-Presence-of Violations

Students under the age of 21 are never permitted to be in the presence of alcohol unless at properly supervised, University-sponsored events.  An underage student found by University staff to be in the presence of alcohol will be subject to a hearing in which a judicial officer will determine if the student committed any of the violations described above.  Students found to be in the presence of alcohol, but not drinking, will be considered responsible for condoning the violation of community standards and will be sanctioned with an educational sanction, probation and/or a written warning, among others.   Underage students finding themselves in the presence of alcohol should immediately vacate the situation and notify a staff member of the Office of Residence Life or the Department of Safety and Security.

 

(4)   Sanctions for Alcohol Violations

While the University Judicial System does impose punitive sanctions for violations of the drug and alcohol policies, it also requires students to complete developmental sanctions designed to educate students and foster personal growth.  These sanctions are applicable to both residential and commuter students.

 

Upon a determination of responsibility, a University judicial body will determine the appropriate sanctions (see University Judicial System in this handbook).  Sanctions for violations of the alcohol policy include and are not limited to:

(a)  Educational sanctions, such as educational courses.

(b)   Fines, ranging from a minimum of $50.00 to a maximum of $300.00 (c)  In-house Substance Abuse Assessment

(d)   Professional Substance Abuse Counseling

(e)  Disciplinary Warning

(f)  Disciplinary probation

(g)   Possible suspension of housing

(h)   Persona Non Grata status from residence halls

(i)   Suspension or expulsion

 

Any student found to be in violation of the alcohol policy during a probationary period will have subsequent sanctions increased significantly.  Any student who is of legal drinking age and who is documented for providing underage students with alcohol is subject to doubling of the fine for his/her violation level.


 

 

A judicial body may apply the above sanctions at their discretion depending upon the quantity and type of alcohol involved in a case or by the number of people impacted by the violation, among other factors.

 

All fines collected are credited to a Student Life account dedicated to alcohol-education efforts, non-alcoholic events, and community-building programs on campus.

 

(5)   Parental Notification

In addition, the university reserves the right to notify parents, if deemed necessary.   In those circumstances, the student will always be notified that the notification is taking place.

 

V.    Drug Policy

 

The possession, distribution, and/or use of illegal drugs on the campus of Philadelphia University are regulated by the laws and statutes of the Commonwealth of Pennsylvania and the United States.  If the substance is found to be an illegal drug, the student will be charged for the cost of the testing in addition to the other sanctions that may be imposed through the University Judicial System.

 

When University officials confiscate illegal drugs, such items will be surrendered to the Philadelphia Police Department as required by law.  Charges for violation of the law will be made at the discretion of the Philadelphia Police Department.

 

In the case of alleged supplying of or selling of illegal drugs, students may be referred to the Student Conduct Committee for judicial action.  Sanctions could include suspension or permanent expulsion from the University.

 

The University reserves the right to test a student for the presence of drugs in his/her system if necessary, and may prevent a student's return to University housing (or withhold other privileges) until such tests show an absence of illegal drugs.

 

(1)   Drug Policy Violations

(a)  Consumption, use, distribution, manufacture, transportation, or possession of illegal drugs on campus;

(b)   Being under the influence of illegal drugs as indicated by appearance or behavior, such as: slurred speech, unstable walk, unconsciousness, destruction of property, use of abusive language, smell, vomiting or disturbance to others;

(c)  Sale or trade of illegal drugs on the campus property or to members of the Philadelphia

University community; or,

(d)   Possession of drug or drug-related paraphernalia.

 

(2)   Host Responsibilities

The resident(s) in whose room/apartment/townhouse illegal drugs are being consumed is (are) responsible for the behavior of guests and will be held accountable for policy violations.  It is the responsibility of the dweller to ensure that guests do not consume illegal drugs.


 

 

(3)   In-the-Presence-of Violations

A student found by University staff to be in the presence of illegal drugs will be subject to a hearing in which a judicial officer will determine if the student committed any of the violations described above.  Students found to be in the presence of illegal drugs but not using drugs will be considered responsible for condoning the violation of community standards and will be sanctioned with an educational sanction, probation and/or a written warning.

 

The presence of marijuana within a room may be determined by odor or odor-masking devices, paraphernalia and/or materials later determined through testing to be marijuana.   Students finding themselves in the presence of drugs and/or drug-related paraphernalia should

immediately vacate the situation and notify a staff member of the Office of Residence Life or the

Department of Safety and Security.

 

(4)   Sanctions for Drug Policy Violations

While the University Judicial System does impose punitive sanctions for violations of the drug and alcohol policies, it also requires students to complete developmental sanctions designed to educate students and foster personal growth.  These sanctions are applicable to both residential and commuter students.

 

Upon a determination of responsibility, a University judicial body will determine the appropriate sanctions (see Student Judicial System in this handbook).   Sanctions for violations of the drug policy include and are not limited to:

(a)  Educational sanctions, such as educational courses.

(b)   Fines, ranging from a minimum of $50.00 to a maximum of $300.00 (c)  In-house Substance Abuse Assessment

(d)   Professional Substance Abuse Counseling

(e)  Disciplinary probation

(f)  Possible suspension of housing

(g)   Persona Non Grata status from residence halls

(h)   Suspension or expulsion

 

Any student found to be in violation of the drug policy during a probationary period will have subsequent sanctions increased significantly. Any student documented for providing students with drugs is subject to doubling of the fine for his/her violation level.

 

A judicial body may apply the above sanctions at their discretion depending upon the quantity and type of drugs involved in a case or by the number of people impacted by the violation, among other factors.

 

All fines collected are credited to a Student Life account dedicated to substance abuse-education efforts, non-alcoholic events, and community-building programs on campus.

 

(5)   Parental Notification

In addition, the university reserves the right to notify parents, if deemed necessary.   In those circumstances, the student will always be notified that the notification is taking place.


 

 

VI.   Alcoholic Beverage Policy for Events Involving Students

The University limits the use of campus facilities for events where alcoholic beverages may be consumed.  The University permits the possession and consumption of alcoholic beverages by students who are 21 years old or older in the privacy of their residence hall rooms.  However, drinking is not permitted in any other area of campus unless at an event specifically approved for the consumption of alcoholic beverages.

Any University department or office wishing to sponsor an event on campus involving students where alcohol will be considered is responsible for the control of the event. The Student Activities Office can be contacted directly with any questions regarding the planning of the event. The Dean of Students Office and Student Activities Office provide guidance and recommendations for these events which are:

  • All alcohol served on campus be purchased through catering.
  • All bartenders should be provided through catering.
    • Everyone at the event must show proof of age to consume alcohol and be wrist-banded so that they are easily identified.
    • Alcohol should be limited to a reasonable number per person, and that each person be allowed only one drink at a time.
  • Alcohol should never leave the venue and/or the building.
    • Open bars, unmonitored kegs, freely accessed bottles of alcohol, wine, or beer are strongly discouraged.

 

Any student group or organization wishing to hold an event on campus where alcoholic beverages are consumed must adhere to the following rules:

 

(1)   Event Registration

Events at which alcohol is to be served must be sponsored by a Philadelphia University student organization in good standing.  Student organizations sponsoring events with alcohol must submit a completed "Agreement for Use of Alcohol" form to the Assistant Dean of Students / Director of the Campus and Student Activities.  This form can be obtained from the Student Activities Office.

 

After approval has been granted for events sponsored by student organizations, any change in plans (e.g., site, attendance type and/or number, entertainment) must be approved in writing by the Assistant Dean of Students / Director of the Campus and Student Activities before it may be enacted.  Any organization that does not follow these basic guidelines may lose the privilege to sponsor any future events.

 

(2)   Event Planning

As the University does not own a liquor license, it would be a violation of Pennsylvania law to charge admission at an event where alcohol is served.  It is also a violation of law to have patrons purchase individual containers of alcohol at the event. 

 (a)  Alcohol will be limited to regular and light beer, wine and wine coolers.  The Assistant Dean of Students / Director of the Campus and Student Activities must approve a list of alcohol to be donated prior to final approval.  Spirits and malt liquors will not be approved;

(b)   The University subscribes to the 0-1-3 model regarding alcohol:

ZERO = zero alcohol.  This applies to students who are under 21, driving, chemically dependent or pregnant.  Zero is always an option and should be promoted as a healthy, socially acceptable norm.

ONE = one drink per hour, which sets the pace for moderate drinking. 

THREE = no more than three drinks per day, and never daily. 

 

In support of this model, alcohol consumption at the event will be limited to three 12 oz.  beers, 5 oz.  glasses of wine, or 12 oz.  wine coolers per person for a four-hour event (during the last hour of the event, no alcohol may be served).  Therefore, the total number of bottles or cans that may be checked in is three times the number of anticipated 21 year-old patrons.  Only bottles or cans may be used; kegs, beer balls, or any bulk containers are not permitted. 

 

(3)   Security

To assist with compliance with policy, the sponsoring organization must arrange for two types of security at the event:

(a)  The sponsoring organization must arrange for University security officers to be present or hire security personnel.  The director of Safety & Security will determine the number of officers required.  Arrangements for hiring security are made with the director of Safety & Security at the time the event is approved;

(b)   Included with the Agreement for Use of Alcohol form, the sponsoring organization must supply the name(s) of the student(s) who will serve as Event Control Attendants (ECA).  For every 50 anticipated guests (including event staff), one Event Control Attendant must be retained. In other words:

 

(i)   1-50 guests: 1 ECA

(ii)  51-100 guests: 2 ECAs

(iii) 101-150 guests: 3 ECAs

(iv)  151-200 guests: 4 ECAs (etc.)

 

(c)  This required number of ECAs must be on duty for the duration of the event plus, one half-hour before and after its official start and ending.  If additional ECAs are added, duties may be organized into shifts.   ECAs may not consume alcohol during the event.

(d)   The sponsoring organization is ultimately responsible to assure that all attendees obey the statutes of Pennsylvania with regard to the consumption of alcohol.  Similarly, the sponsoring organization is responsible to assure that proper conduct and deportment is observed on the part of all attendees at all times.  The organization's responsibilities include the denial of admission and refusal to serve persons who appear intoxicated, alerting security staff to contact medical assistance if necessary, and asking disruptive persons to leave the event. 

 

(4)   Food and Nonalcoholic Beverages

All events must not only have a substantial amount of food available, but also must serve an alternative, nonalcoholic beverage (in addition to water) in an easily accessible and desirable manner.  Information regarding food and nonalcoholic beverages must be submitted to the Assistant Dean of Students / Director of the Campus and Student Activities for approval.  The serving of alcoholic beverages will terminate at least one hour prior to the close of the event. 

 

(5)   Procedures at the Event

(a)  Setup:

 

(i)  Events, which have been granted permission to distribute alcohol, must be held indoors and have a single point of entry and exit;

(ii)  A bartender must be hired from Dining Services for the distribution of alcohol.  (b)  Entry:

(i)  A University employee affiliated with the organization will be seated at the admissions desk of parties throughout the entire time in order to check proper identification.  Students who wish to consume alcoholic beverages must furnish legal proof of age of being 21 or older at the admission table.  Guests must show one picture ID and one other ID if they wish to consume alcohol; a picture ID is required in any case to be admitted.  Those who are 21 and over will receive an identification bracelet and a maximum of three tickets (for a four-hour event; see above) that they may exchange for alcoholic beverages.  The advisor and student member of the sponsoring organization are responsible for checking proof of age and administering bracelets. Any alteration this must be approved by the Assistant Dean of Students/Director of Student Activities.

 

(ii)  Individuals without picture identification will be turned away from the event.  (c)  Security:

(i)   ECAs are not permitted to drink alcohol during the event.

(ii)  ECAs are responsible for preventing beverages or containers from being brought into the event and monitoring the entrance way to prohibit the removal of beverages from the event; to monitor the outside of the building to discourage violations of University regulations; and to assist the sponsoring organization in performing their tasks. 

 

(d)   Operation:

 

(i)   Alcoholic beverages will not be served one hour prior to the closing of the event.  No alcoholic beverages will be served to anyone under the legal age of 21 at any time.  It is the responsibility of the sponsoring organization to enforce this requirement;

(ii)  All events must end no later than 1 a.m., unless given authorization by the Assistant Dean / Director of Student Activities;

(iii) The organization will clean the facilities immediately after the event in such a way that no additional cleanup will be required for a subsequent event to be held there.  The organization is financially liable for any damages that occur at the event.  They may also be assessed the cost of additional cleaning, if necessary. 


 

 

(6)   Outdoor Events with Alcohol

There are three outdoor areas that are designated as "Permit Areas" where events may be held outdoors and alcohol be served.  Permit Areas are: the Stone Stage Area, the Ravenhill Quad Area and the Kanbar Quad Area.  The dean of students could approve additional areas on a one-time basis.  The Registered Events with Alcohol guidelines must be followed.  In addition, the following guidelines must be adhered to:

(a)  Only beer in cans may be served;

(b)   An area must be roped off for consumption.  Persons entering this area will receive a punch card and a wrist bracelet to monitor consumption.  All alcohol must remain in this area.  No persons under 21 years of age can enter this area.