STUDENT ALCOHOL POLICY
The following policy has been established in an effort to promote a balance between the interests of the student and those of the Muhlenberg College community, and to encourage responsible decisions about alcohol. We are committed to the ongoing development of a community based on respect for the individual and compliance with the policies of the college and the laws of the city, commonwealth and nation. One's presence at Muhlenberg College requires compliance with the laws and standards of behavior of the community.
The goal of the alcohol policy is to foster alcohol awareness and responsible drinking practices and promote the health and safety of Muhlenberg College students. Muhlenberg College seeks to encourage a campus social life that does not emphasize the role of alcoholic beverages in either private or group activities. Within this community, the College will attempt to take reasonable steps to insure that no illegal or excessive consumption of alcohol occurs on its property or at its institutionally sponsored activities. Only the Dean of Students may grant exceptions to this policy for special occasions.
For the most current version of the Muhlenberg College Student Alcohol Policy, please consult the on-line version at http://www.muhlenberg.edu/mgt/deanst/studentguide.pdf.
Regulations Regarding Alcohol Use
The regulations contained in this policy apply to all students. Muhlenberg's Alcohol Policy is in effect throughout the calendar year. The policy is uniformly applied to all departments and organizations hosting social events at which alcohol will be available to students.
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Alcohol may not be consumed and alcohol containers may not be possessed anywhere on campus or at any College function by anyone who is under the legal drinking age.
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It is a violation of the college alcohol policy for anyone to possess or use any item (beer bong, tap device, Beirut table, funnel, etc.) that could lead to the excessive consumption of alcohol.
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Individual consumption of alcoholic beverages by persons of legal age is permitted only in private sleeping rooms and suites in residence halls, properties owned and leased by the College. Those who do consume alcoholic beverages in their residence are expected to do so in a manner that is not excessive and that recognizes the rights of others to utilize these locations for other activities such as studying.
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In MILE properties and suite-styled residences where all residents are 21 years of age or older, those residents may consume alcohol in the common area of their residence.
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On campus advertising of a social event may not mention alcoholic beverages, including drink specials, happy hours, etc. If an event has been designated BYOB, the advertising may identify this fact and refer readers to the College’s BYOB policy.
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Public intoxication, including alcohol-induced disorderly conduct, property destruction, intimidation, or other infringement upon the rights or privacy of others is a violation of the alcohol policy and will not be tolerated. Furnishing alcohol (on campus or at any College function off-campus) to persons, who appear to be intoxicated, is prohibited.
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In accordance with the laws of the City of Allentown, no open containers of alcohol are allowed in public places. Further, the College prohibits open containers outside of closed areas designated for a social event.
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The possession or use of alcohol at College sports events or in athletic or recreation areas is prohibited.
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No one shall be permitted to sell alcoholic beverages or alcoholic beverage tickets, to raffle the sale of beverages as prizes or to engage in any activity including but not limited to the sale of admission tickets, which may reasonably be construed as a sale or indirect sale of such beverages.
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No person shall operate a motor vehicle while under the influence of alcohol.
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No person shall possess an identification card falsely identifying that person as being 21 years of age or older or provide another person with an identification card falsely identifying that person as being 21 years of age or older.
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The purchase or use of a bulk quantity or a common source of alcoholic beverages, such as kegs, party balls, or cases is prohibited. The use of any alternate method of alcohol distribution other than that of a third-party vendor or BYOB (personal consumption) is strictly prohibited.
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Except as otherwise provided in these regulations, no person shall furnish alcoholic beverages to others on campus or at any College function.
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In accordance with state laws, religious uses of wine are exempt from age limitations.
APPENDIX ONE: State and Local Laws Concerning Alcohol
The following summary is provided to promote increased awareness of the Pennsylvania laws concerning alcoholic beverages. This summary is not intended to be a restatement of the law nor a summary of all of the laws relating to alcoholic beverages. All Muhlenberg College students are responsible for compliance with the state laws governing the use of alcohol.
According to Pennsylvania law, the following actions involving alcohol are illegal and bring with them the penalty listed:
Action: Purchase, consumption, possession or transportation of liquor by a person under twenty-one years old.
Penalty: First Offense: $300 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $500 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations). Parents are notified of all arrests of minors.
Action: Misrepresentation of age to secure liquor.
Penalty: First Offense: $300 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $500 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations). Courts are not permitted to suspend sentences.
Action: Possession of a false identification card.
Penalty: First Offense: $300 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $500 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations.) Courts are not permitted to suspend sentences. Parents are notified of all arrests.
Action: Selling or furnishing liquor to minors. (Furnish means to supply, give, or provide to, or to allow a minor to possess on premises or property owned or controlled by the person charged.)
Penalty: First Offense: $1000 fine. Subsequent Offenses: $2500 fine. Courts are not permitted to reduce sentencing.
Action: Manufacture and/or sale of a false identification card.
Penalty: First Offense: $1000 fine and suspension of driving privileges fro 90 days. Subsequent Offenses: $2500. Courts are not permitted to suspend sentences.
Action: Representing that a minor is of age.
Penalty: Fine of no less than $300 and no greater than $2500.
Action: Inducing a minor to purchase liquor.
Penalty: Fine of no less than $300 and no greater than $2500. Courts are not permitted to suspend or reduce sentences.
Regarding alcohol and driving a motor vehicle, according to Pennsylvania law, it is illegal to operate a motor vehicle:
- while under the influence of alcohol and/or any controlled substance rendering a person incapable of safe driving;
- while the amount of alcohol by weight in blood of .08 for adults or .02 for minors (under 18 years of age).
Partial summary of punishments for offenses related to alcohol and motor vehicles:
First Offense: 48 hours mandatory minimum incarceration to a maximum of 23 months, minimum $300 in court costs to a maximum of $5,000, up to one year in jail, mandatory driving school attendance.
Second Offense (within 7 years): 30 days mandatory minimum incarceration to a maximum of 23 months, minimum $300 in court costs to a maximum of $5,000, up to one year in jail, mandatory driving school attendance.
Third and Subsequent Offenses (within 7 years): incarceration to a maximum of 47 months, minimum $300 in court costs to a maximum of $10,000, up to one year in jail, mandatory driving school attendance.
Habitual offender status: Three major offenses within 5 years is an additional 5 years loss of license.
In addition, certain counties and municipalities may impose other sanctions including community service, Accelerated Rehabilitative Disposition (ARD), and the Guardian Interlock Device.
APPENDIX TWO: Enforcement
Violations by Students
Students found in violation of the Muhlenberg College Student Alcohol Policy will be subject to disciplinary action at the discretion of the Dean of Students. Each case will be handled individually and considered on its own merits, with consideration given to the severity of misconduct as well as prior violations.
The Dean of Students reserves the authority to exercise discretion in all disciplinary matters, giving consideration to the particular circumstances. In general, the College reserves the authority to require the withdrawal from the College of any student whose continuing presence constitutes a risk to the health, safety, or general well-being of the College community or himself/herself. These procedures do not take the place of criminal prosecution.
Violations by Student Organizations
Student organizations found by the campus judicial process to have violated the campus alcohol policy shall, at a minimum, be subject to the following sanctions. Other, more serious disciplinary measures may also be taken, at the discretion of the Dean of Students, where warranted.
Social Probation: A status between “good standing” and social suspension during which subsequent violations of the alcohol policy will lead to more severe sanctions.
Social Suspension: A period during which an organization may not sponsor any social events, on or off campus, where alcohol is present.
Recognition Probation: A period of review during which an organization will be notified of specific concerns and must comply with requests for remediation by a specific date.
Recognition Suspension: A period during which an organization is no longer recognized by or registered with Muhlenberg College; is not entitled to the benefits, services and programs afforded recognized student organizations; and may not use Muhlenberg College's name.
MEDICAL AMNESTY POLICY
(Effective January 15, 2006)
INTRODUCTION
Since health and safety of students are of primary importance, students are encouraged not only to look out for their own health and safety, but also for the health and safety of their peers. Additionally, it is imperative that someone calls for medical assistance when an individual experiences severe intoxication or serious injury after consuming alcohol and/or other drugs (AOD).
When a student's health and safety are threatened or appears to be in jeopardy, immediate action should be taken to prevent injury/illness/danger. However, students may be reluctant to seek help in such AOD-related emergencies because of potential consequences for themselves, and for the person in need of assistance, under Muhlenberg College’s Social Code. Since these AOD-related medical emergencies are potentially life-threatening, Muhlenberg College seeks to reduce barriers in seeking assistance.
The “Muhlenberg College Amnesty Policy” represents the College's commitment to increasing the likelihood that students will call for medical assistance when faced with an AOD-related medical emergency. The Policy also promotes education for individuals who receive emergency medical attention related to their own use of alcohol and other drugs in order to reduce the likelihood of future occurrences.
POLICY
A student who seeks emergency medical assistance related to his or her consumption of AOD will be immune from sanctions for violating the College’s Alcohol Policy and/or the College’s Drug Policy provided that s/he completes a follow-up course of evaluation counseling and, if indicated, treatment. Failure to complete the prescribed course of evaluation counseling and treatment may result in the imposition of sanctions under the College’s Social Code.
A student who calls for emergency medical assistance on behalf of a fellow student experiencing an AOD‑related medical emergency, will be immune from sanctions for violating the College’s Alcohol Policy and/or Drug Policy regardless of whether or not such individual is under the influence/possession of alcohol and/or other drugs.
The "Muhlenberg College Medical Amnesty Policy" applies only to students who seek emergency medical assistance in connection with an alcohol-related medical emergency and does not apply to individuals experiencing an alcohol-related medical emergency who are found by College employees (e.g., Campus Police, College Administrators).
The "Muhlenberg College Medical Amnesty Policy" does not excuse or protect those individuals who repeatedly violate the College’s Alcohol Policy or Drug Policy. In cases where repetitive violations of the College’s Alcohol Policy occur, appropriate action under the College’s Social Code will be taken on a case by case basis. In the event violations of the College’s Social Code occur, other than violations of the College’s Alcohol or Drug Policy for which an individual receives immunity under this Policy, appropriate disciplinary action may be instituted under the College’s Social Code.
PROCEDURE
Information about the time and location of the AOD-related medical emergency will be recorded to enable any necessary follow-up in order to address issues of health and safety, vandalism, or chronic abuse of the Alcohol/Drug Policy.
While the College can provide immunity under the "Muhlenberg College Medical Amnesty Policy,” the College cannot guarantee that criminal charges will not be brought against the student if Allentown Police and/or MCEMS are required for assistance during the incident.
In cases in which a student is transported to the hospital for an AOD-related medical emergency and is unconscious or otherwise in serious physical jeopardy, parental notification by College officials may occur; not for the purpose of disciplinary action, but as a precautionary measure.
APPENDIX THREE: Requirements for Events that Include Alcohol in Campus Facilities
- Registering An Event That Includes Alcohol
- The event sponsor must complete and return a Request for Alcohol Service form, available in the Seegers Union Office, at least ten (10) academic days before theevent.
- The individual completing the form must be a member of the sponsoring department or organization and must be at least 21 years of age.
- All events at which alcohol will be made available or consumed must be BYOB (personal consumption), social host or third-party vendor contracted.
- The completion of these forms is in addition to any other forms required to obtain the use of College space (FRRF), schedule off-campus trips, or sponsor social functions in non-College owned facilities.
- The Dean of Students must sign the registration form before any advertising of the event or distributing of invitations.
- The event sponsor is required to provide a list of participants (members and guests) for all social events at which participation is limited to invited guests only.The list should be submitted to the Dean of Students at least two (2) days before the event.
- Sponsors of approved social events are responsible for compliance with the following guidelines:
- Social events at which students are in attendance and alcohol is being served may only occur between 3:30 p.m. Friday and 2:00 a.m. Sunday. There will be no alcohol served or present at such events during the first two (2) weeks of the fall semester.
- The availability of alcohol at an event location may last a maximum of four (4) hours. The service of alcohol must cease one half-hour (30 minutes) before the end of the four-hour service period. Sponsoring groups are permitted to register only one event with alcohol on a given date.
- The sponsoring group is responsible for ensuring that alcoholic beverages are not consumed by persons under the age of twenty-one; implementing reasonable precautionary measures to insure that alcoholic beverages are not provided or served to persons who appear intoxicated; and reporting any such violations to the security staff or Campus Safety staff. The sponsor is responsible for coordinating the assistance of security staff and monitors.
- The sponsoring organization is responsible for providing appealing and adequate food and non-alcoholic beverages for the duration of the event.
- All non-alcoholic beverages must be kept cold in closed or sealed containers, with bottled water comprising at least a portion of the non-alcoholic beverage supply.
- Breads, meats, cheeses, vegetables, brownies, pizzas, subs, etc. are considered appropriate foods; chips and pretzels are not. The Muhlenberg College Dining Services (x3488) provides a variety of social event snack menus for purchase by sponsoring organizations.
- Water coolers and coin-operated vending machines do not qualify as acceptable non-alcoholic beverages.
- The event sponsor is required to provide adequate security for an event per the following guidelines:
- A minimum of four (4) licensed, college-approved, security personnel is required for events at which alcohol will be present and the event is open to the entire campus community.
- Closed events with alcohol [members only or utilizing a guest list/invitations], require a minimum of two (2) licensed, college-approved, security personnel for every 100 attendees. One additional security personnel must be hired for each additional 50 attendees.
- Security personnel are responsible for: admitting only students and registered guests for open events and only invited guests for closed events; checking identification to insure that those drinking alcohol are of legal age; reporting intoxicated guests to the event sponsor; and working with the event sponsor to insure the safety of all participants. Even though a security officer is present, the sponsor remains ultimately responsible for compliance with this policy.
- Alcoholic drinks must be limited to beer, wine, or wine coolers in quantities appropriate for personal consumption. Hard liquor and mixed drinks are prohibited.
In the event that policy violations occur, sponsors must rectify the violations in the planning and implementation of future social events. The registration of future social events will be contingent upon such measures.
The Dean of Students has the authority to decline registering activities that may pose unreasonable risk of violations of the Campus Alcohol Policy for the sponsor(s) or other members of our community.
A completed Request for Alcohol Service form is a contract that implies you fully understand and intend to abide by the guidelines and policies outlined here and in the Alcohol Service Guide. Any breach of this contract is considered a violation of the College Alcohol Policy and events not held in accordance to this policy can be shut down immediately with the sponsors subject to disciplinary action.
Policy Coverage
No policy can cover all possible situations that may arise. When this policy is not specific in a certain point, sponsoring groups are to conduct their activities in the spirit of social responsibility embodied in this policy. Sponsoring groups in violation of this policy's intent will be subject to review by the Dean of Student’s Office.
APPENDIX FOUR: Alcohol Awareness
Muhlenberg College is committed to providing students, faculty, and staff with factual information about alcohol as well as confidential referrals for professional assistance in the event that they are needed. An awareness of the negative effects of alcohol consumption may assist you in your efforts to make safe and responsible choices about alcohol. Educational programs will be organized and conducted annually to promote continued awareness and encourage an attitude of genuine concern and care for others. Information concerning responsible use, effective party planning, indications of abuse or addiction, and resources for assistance are available for you or someone you care about in the Counseling and Student Health Center.
Our program at Muhlenberg College includes five areas:
Education We have programs beginning with the orientation of first year students and continuing throughout each academic year. This education includes the Principles of Fitness & Wellness course and other educational programs throughout the year and focused educational programs such as “Choices” and “Decisions” programs for students who violate the College’s Alcohol Policy.
Counseling We offer counseling programs for students that have alcohol or other substance abuse problems. These include both on-campus counseling services and referral to off-campus experts.
Discipline There are consequences for individuals who violate the College or Commonwealth alcohol policies.
Process The College has well-established procedures to be used at College events where alcohol is served. Included are TIPS-trained servers, BYOB policies, trained monitors and marshals, and presence of campus safety officers.
Alternative Lifestyle We encourage a lifestyle that does not include alcohol abuse by providing and encouraging alcohol-free organizations and social activities.
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