Alcohol Policy

Purpose

Due to the persistence of underage consumption of alcoholic beverages, Willamette University’s policy and procedures use an educational and a regulatory standard for addressing the use of alcohol. Willamette University does not approve of the illegal consumption of alcoholic beverages by underage persons. Moreover, Willamette University condemns the abuse of alcoholic beverages. This alcohol policy is intended to serve the following objectives:

  • To promote legal and responsible behavior around alcohol use by members of the University community;
  • To address the use and effect of alcohol in our community, with an intent to encourage responsible decision-making;
  • To aid individuals experiencing difficulties associated with the use of alcohol.

Policy

  • Individuals twenty-one (21) years of age or older may consume alcohol in accordance with this policy.
  • Open containers of alcoholic beverages are not permitted in public areas unless use follows university policy and procedures.
  • Individuals not of legal drinking age (not yet 21 years old) are not permitted to consume, or be under the influence of alcohol.
  • No person shall misuse or abuse alcohol.
  • No person shall sell, give or otherwise make available any alcoholic beverage to a person under the age of 21 years.
  • No person shall sell, give, or otherwise make available, any alcoholic beverage to any person who is “under the influence” as defined in 4-1 of this policy.
  • The policy applies to all students, faculty, and employees.
  • Failure to observe these policies, procedures, and regulations shall constitute a violation of University policy and may subject the individual(s) or group(s) to sanctions outlined in the Standards of Conduct, and the appropriate faculty/employee handbook.
  • A community member’s familiarity or understanding of laws, this policy, and the following procedures and regulations, does not constitute an excuse for irresponsible/illegal behavior, or for violations of this policy, and its accompanying procedures and regulations.

PROCEDURES

  1. Use is allowed in individual student rooms in residences and apartments where/when
    1. Use is consistent with and following Oregon State law.
    2. Occupants and participants are abiding by all University policies.
    3. The private gatherings in student rooms and apartments follow the law. Private gatherings that follow our policies are not considered university social functions, and generally need not be registered.
    4. A gathering in an individual student room where alcohol is present does not exceed a safe and manageable occupancy for that room. The University defines “safe and manageable occupancy” as no more than three (3) times the residential occupancy for that room.
    5. Regardless of the number of persons in an individual student room, a University employee may enter a room to ensure compliance with health and safety standards, or if there is reason to believe that there have been violations of University policy or state and federal law.
    6. Open containers of alcoholic beverages are not permitted in public areas.
    7. A student room or apartment is considered public if the door to the hallway is open.
  2. Use in other University Facilities/Common Areas
    1. When alcohol is to be served in any Willamette University approved facility or function, the Alcohol Use Request must be submitted online ten (10) working days prior to the event and receive final approval by the Vice President for Planning and External Affairs, or designee. Approval verification may be sent to the following offices as deemed appropriate: campus safety, food service, an appropriate building manager, and the director of scheduling, event, and conference services.
    2. Consistent with the general alcohol policy regulations, alcohol may be served at catered events (i.e., receptions, dinners), in the following buildings (excluding classrooms) Upon approval of the Alcohol Request Form:
      • University Center
      • Playhouse
      • Art Building
      • Smith Fine Arts Building
      • Law School
      • Mudd Building
      • Waller Hall
      • McCulloch Stadium patio
      • Montag Center recreation area
      • Thetford Lodge
      • Kaneko Commons Atrium
      • Ford Hall special event area
      • Goudy Commons
      • Sparks Recreational Center
      • Mary Stuart Rogers Music Center
      • Hallie Ford Museum of Art
      • Residential Common Areas (summer)
      • Hatfield Room in the Hatfield Library
      • Concrete areas outside of Rogers Rehearsal Hall, Law School Student Lounge and Atkinson Graduate School
      • Law/Carnegie Building
      • Legal Arts Building
      • Atkinson Annex
      • Portland Center
    1. A notice of the approval of the Alcohol Request Form shall be displayed at the event.
    2. In instances where a registered event is only utilizing a portion (i.e., room/area) of a building, the serving and consumption of alcohol must be confined to the specific registered or designated area (i.e., room).
  3. Use at on/off-campus University sponsored events & travel
    1. This alcohol policy is in effect off-campus, and at University sponsored events.
    2. Contracting for alcohol, without an approved alcohol permit, and an approved certificate of insurance, is a violation of the policy.
    3. Employees may be authorized and approved to purchase alcohol as a part of a meal expense, where the purchase follows policy guidelines and is authorized and approved through a Dean or Vice President.
    4. Employees should consult and review applicable employee handbooks policy guidelines, and review this alcohol policy and its associated procedures, prior to consuming or purchasing alcohol, when on a university trip/travel, or, at University-sponsored events on/off campus.
    5. Students should review the University Standards of Conduct, including review of this alcohol policy and procedures, prior to consuming alcohol on a university trip/travel, or at a University-sponsored event on/off campus.
    6. Employees and students will be held responsible for their behavior while consuming alcohol during University travel, and at on/off-campus University events or functions.
    7. Students or employees driving on University business, or driving vehicles on behalf of the University, are prohibited from consuming alcoholic beverages before driving.
    8. University employees are expected to be professionally responsible when consuming alcohol during work hours, when they are representing the University, or, at University-sponsored events.
    9. Consumption of alcohol at events where employees represent the University, or at events sponsored by the University, shall not violate the consumption limits defined in section 4.1 of this policy, or violate any applicable laws and regulations.
    10. An alcohol use permit is required when University controlled money is used to obtain and/or serve alcohol at an event or activity off campus in private residences. In general, these events must be serviced through the approved Willamette vendor.
  4. Procedural regulations
    1. The University defines “under the influence” as any noticeable level of alcohol use where perceptible impairment of mental or physical capacity is present, and/or, when having a blood alcohol level of .08 or higher.
    2. Any noticeable level of alcohol present or perceptible in an underage student (not yet 21) is a violation of this policy.
    3. Alcohol may not be served or consumed in any outdoor areas of the campus during the academic year except those specifically defined in 2.2.
    4. Direct or indirect sale of alcohol is prohibited without the written permission of the Vice President for Planning and External Affairs.
    5. To request an activity or event where alcohol will be served, access the Alcohol Use Request form on line, submitting it at least ten (10) working days prior.
    6. When alcohol is to be consumed on campus, or when a contract is engaged for alcohol to be provided off campus through another third party vendor, an Alcohol Use Request form must be submitted and approved at least 10 days prior to scheduling, or contracting, for the event.
    7. No contracted use of alcohol, on or off campus, is permitted without an approved Alcohol Request form.
    8. Alcohol must be distributed through a Willamette approved third party vendor, unless otherwise approved by the Vice President for Planning and External Affairs.
    9. When alcohol has been approved to be served in University facilities or sponsored events, it is approved with the intent that participants will not leave the facility or event, and operate a vehicle under the illegal influence of alcohol, as defined in section 4.1 of this policy.
    10. Alcoholic beverages will not be served or consumed at events where attendance is open to those other than members of the Willamette community and approved guests of the University.
    11. Willamette participants in a sponsored event may be required to produce current Willamette University ID. A guest of any Willamette University community member must produce identification (e.g., driver’s license, University ID) verifying at, or above age status, when asked.
    12. Willamette University community members are responsible for the conduct of their guests. The University reserves the right to require guests to leave an event.
    13. Alcoholic beverages or offering of alcoholic beverages will not be mentioned or implied in publicity or announcement of an event.
    14. Open containers of alcoholic beverages are not permitted in public areas outside an area specifically designated and approved for alcohol use.
    15. Alcohol will not be the main focus of an event.
    16. Appealing non-alcoholic beverages and food must be served at all events while alcohol is being consumed or served. Food and non-alcoholic drinks must be displayed as prominently as alcoholic beverages.
    17. The area where alcohol is served or consumed must be cleared and cleaned immediately following the event. Sponsors of the event will clear and clean this area or will make arrangements to have this done.
    18. The presence, possession, or use of common source containers of/for alcoholic beverages, other than when approved for a registered and approved event, is prohibited. Approval is obtained by the third party vendor through the express written permission of the Vice President for Planning and External Affairs.
    19. The availability and use of common source containers at approved events will be at the sole discretion of the University.
    20. Student body activity fees, or any special fee or levy initiated through University-sponsored or supported student organizations, may not be used for purchase of alcoholic beverages.
    21. An event where alcohol is present may not exceed a safe and manageable number of people at any one time. The University will determine this number.
    22. All entrances and exits of University facilities where alcohol is served must be monitored to the satisfaction of the third party vendor who holds the OLCC alcohol permit for the event.
    23. In the case of a large event (as defined by the University), organizers must arrange through the third party vendor and Campus Safety for security to be provided for the duration of the event.
    24. A member of the University staff shall take measures to stop an activity where alcohol is served or consumed if there are problems or violations that cannot be readily corrected.
    25. The third party vendor holds a responsibility for monitoring the use of alcohol at catered events and is authorized to suspend alcohol distribution.
    26. Students, faculty, staff and administrators will be held directly responsible for the destruction of personal or public property, the violation of the safety or rights of other persons, the violation of any state or federal law, or the violation of any other campus regulations, which may occur while they are under the influence of alcohol. Such behavior will result in disciplinary action by the University or by local, state or federal law enforcement.
    27. All events must comply with applicable Oregon Liquor Control Commission guidelines.
    28. Open containers of alcoholic beverages are not permitted in public areas. A student room or apartment is considered public if the door to the hallway is open.
    29. Students and guests consuming alcohol may be required to present identification and verification of age.
    30. Applicable state and federal laws related to alcohol or other drugs, required for compliance with the Drug Free Schools and Campus Act, are found in Addendum A of this policy.
    31. Addendum (B) contains Willamette Standards of Conduct sanction information related to infractions of the alcohol policy.
  5. Enforcement
    1. Any member of the University community should refer violations of this policy to Campus Safety, or an appropriate official for review and response.
    2. Violations of the Alcohol Policy by students, or student groups, will be adjudicated through the Standards of Conduct Policies and Procedures.
    3. Violations of the Alcohol Policy by University employees, departments, or department-sponsored groups will be referred to a dean/administrator for appropriate response or action.

Definitions

Common Source Container - Common source containers of/for alcoholic beverages include, but are not limited to kegs, beer/party ball, bulk containers requiring a tapping or spigot device, punch bowls, trash cans, or other containers used to dispense alcohol greater than 1.5l.

Under the Influence - The University defines “under the influence” as any noticeable level of alcohol use where perceptible impairment of mental or physical capacity is present, and/or, when the blood alcohol content of the person exceeds a blood alcohol level of .08 or higher.

Public area - A student room or apartment is considered public if the door to the hallway is open. All other areas on campus are public areas and subject to regulation.

Safe and manageable occupancy in residences - The University defines “safe and manageable occupancy” as no more than three (3) times the residential occupancy for the student room.

OLCC - The Oregon Liquor Control Commission.

ADDENDUM (A)

Oregon and Federal Statutes

  1. Oregon Statutes

In Oregon, the Controlled Substance Schedule upon which the drugs appear determines penalties for possession and distribution of illicit drugs. In the discussion below, the term “controlled substance” is employed instead of “illicit drugs.” Alcohol sanctions are listed separately.

    • Manufacture or distribution of controlled substances
      • Schedule I (including heroin, LSD, peyote, mescaline, and psilocybin)
        • Class A felony (up to 20 years and up to $100,000 fine plus twice the value of any resulting gain of property or money).
      • Schedule II drugs (including opium, cocaine, methamphetamine):
        • Class B felony (up to 10 years and up to $100,000 fine plus twice the value of any resulting gain of property or money)
      • Schedule III drugs (including amphetamine, depressants, PCP):
        • Class C felony (up to 5 years and up to $100,000 fine plus twice the value of any resulting gain of property or money).
      • Schedule IV drugs (including various prescription drugs):
        • Class B misdemeanor (up to 6 months and up to $1000 plus twice the value of any resulting gain of property or money).
      • Schedule V drugs (including other less dangerous prescription drugs and small amounts of certain drugs):
        • Class C misdemeanor (30 days and up to $500 plus twice the value of any resulting gain of property or money).
    • Unlawful possession of controlled substances
      • Schedule I drugs
        • Class B felony (up to 10 years and up to $100,000 fine plus twice the value of any resulting gain of property or money).
      • Schedule II drugs
        • Class C felony (up to 5 years and up to $100,000 fine plus twice the value of any resulting gain of property or money).
      • Schedule III drugs
        • Class A misdemeanor (up to 1 year and up to $2500 plus twice the value of any resulting gain of property or money).
      • Schedule IV drugs
        • Class C misdemeanor (up to 30 days and up to $500 plus twice the value of any resulting gain of property or money).
      • Schedule V drugs
        • Violation ($250 plus twice the value of any resulting gain of property or money).

In addition to the penalties set out above, the court may order the defendant to pay the cost of prosecution, and the defendant’s vehicle used in the crime may be forfeited to the state.

    • Marijuana – Oregon State Law
      • Possession and use of marijuana is allowed for persons over the age of 21.  Up to eight ounces of usable marijuana is allowed in your home, and up to one ounce in your possession outside your home.
      • Use of marijuana is allowed only on private property and out of view of the public.
      • A total of four marijuana plants are allowed per residence and must be out of public view.
      • Recreational marijuana can neither be bought nor sold in the State of Oregon at this time.  A licensing process for retail sales is underway and will begin sometime in 2016.  Until that time, only sharing or giving away marijuana to another person is legal.
      • Marijuana cannot be transported over state lines.  Although marijuana can be legally purchased in the State of Washington and legally possessed in the State of Oregon, it is a violation of Federal law to transport marijuana across state lines.
      • Although the use of marijuana is legal in Oregon, you can be arrested for Driving under the Influence of Intoxicants (DUII) if you are found to be driving a vehicle impaired.  This includes bicycles and boats operated on streets, waterways or other property open to the public.
    • Marijuana – U.S. Federal Law
      • It is still illegal to possess, purchase or sell marijuana according to United States Federal law.
      • Willamette University complies with federal laws regarding the possession of marijuana.  Possession or use of marijuana on Willamette University property is prohibited at all times.
    • Alcohol

Minors in possession of alcohol

Under Oregon law, any attempt to purchase alcohol by a person less than 21 years of age is a violation and may carry a fine of up to $250. Providing liquor to a person under 21 years of age is a Class A misdemeanor with jail time up to 1 year and a fine plus restitution and community service.

The mandatory minimum fines are based on the number of convictions:

      • First conviction: $350
      • Second conviction: $1000
      • Third or subsequent conviction: $1000 and 30 days.

 

Driving Under the Influence of Intoxicants

A person commits the offense of driving while under the influence of intoxicants (DUII) if he or she drives a vehicle while having a blood alcohol level of .08 or higher. This statute extends both to alcohol and controlled substances. For drivers under the age of 18 years, any detectable amount of alcohol (above .00 blood alcohol level) is grounds for losing their licenses until they are 18. There are also sanctions against drinking alcohol in a motor vehicle upon a highway and having open containers of alcohol in an automobile upon a highway.

Providing Alcohol to Others

The law opens the door to the possibility of a social host being liable for damages incurred or caused by intoxicated guests. A critical element in this statute is service of an alcoholic beverage to a person while he or she is visibly intoxicated.

Federal Statutes

The federal system establishes penalties for possession and distribution of controlled substances based on the Schedule of the drug (see above) and the amount involved. In addition, the statutory penalties for possession and distribution are subject to the “Sentencing Guidelines for U.S. Courts.” Use of these guidelines may lead to higher offense levels and to stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, defendant’s role in the offense, multiple counts, obstruction and acceptance of responsibility. The guidelines establish sentences for each offense based on the defendant’s criminal history.

Federal penalties range as follows:

Manufacture, distribution, or trafficking of large amounts of heroin, cocaine, PCP, methamphetamine, Schedule I and II hallucinogens, marijuana, hashish, or any of their derivatives: 30 years to life regardless of the defendant’s criminal history

Possession of any Schedule III, IV, or V drug if the defendant has the lowest level of criminal history: 0 to 4 months

If serious injury or death results from the crime, minimum sentences of up to 10 years (in the case of serious injury) and 20 years (in the case of death) plus a fine of up to $4,000,000 may be added. These penalties may be doubled for defendants with past felony drug convictions. Penal sanctions in the federal system are “real time” with reductions in sentences only for good behavior. Federal defendants may also be required to pay restitution if convicted of a drug-related crime. Their property gained or used in the crime may be forfeited to the federal government.

ADDENDUM (B)

Alcohol Policy sanctions for students will be administered under the policies and procedures of the Standards of Conduct,

  • Sanctions will be administered for the abusive use of alcohol.
  • Sanctions generally include an educational component.
  • Sanctions may include suspension of privileges to serve, possess or consume alcohol on campus in University-owned facilities, or at University-sponsored events.
  • Repeat or egregious violations or behaviors by students may require more comprehensive educational sanctions including outpatient treatment and assessment.   
  • The University may require students to not be present where alcohol is served or consumed, including but not limited to, their own private residences on campus.
  • Egregious or unhealthy use of alcohol, or repeated violations of this policy, may cause the University to contact a student’s parent/guardian in accordance with FERPA guidelines.
  • Repeated or egregious violations by students may lead to suspension or dismissal.

The University may require additional sanctions.