206 University Policies and Procedures

206.04 Alcohol and Drug Policy

I. General

National statistics reveal that the leading causes of death among the 18-23 year-old population are alcohol-related accidents, alcohol-related homicides, and alcohol-related suicides. A high percentage of campus disorderly conduct, disruptive behavior and property destruction, and academic failures on a national level is alcohol-related. The Georgia legislature, in response to these disturbing facts, has provided by law certain measures to reduce those dangers associated with alcohol abuse. These measures include statutory provisions which provide that no person below the age of 21 years may use, purchase, or possess alcoholic beverages. Further, the laws of this state have long prohibited the use, purchase, or possession of alcoholic beverages on educational building, school grounds, or college campus. The law also prohibits serving alcoholic beverages to any intoxicated person. These considerations, among other things, are equally applicable to the use and abuse of illicit drugs. In response, federal and state law regarding the manufacture, use and distribution of illicit drugs have been enacted and are applicable to all GSU full-time, part-time, and temporary faculty, staff, students, administrators and employees.

The University supports and endorses these provisions of federal and state laws and insists on strict compliance with these statutes by its students, staff, faculty, and administrators at all levels. The University also endorses the development and dissemination of educational materials which emphasize the problems associated with alcohol and drug abuse.

In discharge of its responsibility to inform and educate its students with regard to the law in these respects and to assist them in their strict compliance and obedience to these laws, the University and its students herewith set forth their policies regarding the use, consumption, possession, or sale of alcoholic beverages and prohibited drug substances. The policies are in accordance with the recommendation of the Board of Regents of the University System of Georgia on August 14, 1985, entitled Adoption of Policy Regarding Alcohol on Campus, and applicable state and federal laws (Applicable federal and state laws include, but are not limited to, the Drug Free Workplace Act of 1988, the Drug Free Schools and Communities Act of 1988, and the Georgia Drug Free Postsecondary Educational Act of 1990.).

II. Drug Policy

The use, consumption, and possession of any narcotic, dangerous drug, or controlled substance by any student or employee of the University for which said student or employee does not have a legal license or valid prescription is strictly prohibited. The unlicensed distribution, manufacture, or sale of any narcotic, dangerous drug, or controlled substance by any student or employee of the University is strictly prohibited.

III. Alcohol Policy

(Note: the term "function" includes, but is not limited to, any meeting, gathering, event, or activity.)

A. The sale of any alcoholic beverage on any property owned or leased by the University or any unit of subdivision of the University is strictly prohibited. Further, the use, consumption and distribution of alcoholic beverages, or the possession of unsealed containers of alcoholic beverages, is prohibited on any property owned or leased by the University or any subdivision thereof, except in locations and for functions designated by the President or the President's designee.

B. The use of any funds of the University, including but not limited to student activity monies, or any attempt to obligate such funds, for the use, consumption, possession, distribution, or sale of alcoholic beverages is strictly prohibited.

C. If a unit or subunit of the University or a recognized student organization holds a function where alcohol is to be served, the following rules and regulations must be observed:

  1. There will be no functions where alcoholic beverages are the main focal point of the event. Any advertising for the function will not include specific references to the fact that alcoholic beverages will be provided.
  2. Any activity which contributes to alcohol overindulgence or abuse is strictly prohibited.
  3. a. At a student function before anyone receives and consumes alcoholic beverages, a driver's license or other official identification which lists the age of that individual must be checked by a person designated by the student organization hosting the event to insure that that individual is of legal drinking age.

    b. At all other functions, the sponsoring organization will take reasonable measures to insure that all local and state laws regarding the consumption of alcohol are followed.

  4. At any function where alcohol is served, non-alcoholic beverages must be continuously available in equal or greater quantity. Food must also be available.
  5. At student functions, no alcoholic beverages can be paid for by selling them at the activity or by charging for them at the door.
  6. No visibly intoxicated person shall be served alcohol at any function.
  7. If alcohol is to be served at a function of an organization, the administrative supervisor of the group hosting the function or the advisor to the function, if it is a student organization, must be notified in writing in advance of such event that alcohol will be served at the event. The administrative supervisor or advisor will be responsible for communicating the provisions of this policy to the organization prior to the event.
  8. If a function lasts more than two (2) hours, the serving of alcoholic beverages must stop at least 45 minutes before the scheduled end of the activity.
  9. If alcohol is to be served at a function of any recognized student organization where more than 50 people will be in attendance, a uniformed policeman or security guard must be present at the event and must not consume alcoholic beverages during the event. However, should such a function involve only members of one organization and if no non-members of the organization are present, then the presence of a policeman or a security guard will not be required.
  10. . It is strongly encouraged that any organization which allows alcohol at its activities provide alternative transportation to any individual in attendance who has overindulged in alcohol.
  11. No common source containers of alcohol, e.g., kegs, punch, etc., shall be used at any function; provided, however, that such containers may be used if there is an individual, or individuals, designated by the organization hosting the function who will serve from these containers and control the dispensing of alcoholic beverages. However, if free or open access to these containers is allowed or if any apparently intoxicated person is served, this will be a violation of the policy and subject the organization and its members to the sanctions set forth below.
  12. The Dean of Students may develop additional guidelines and explanations of this policy in order to assist students in understanding and complying with the policy. Furthermore, all provisions of the University Code of Conduct which refer to alcoholic beverages are in full force and effect and are not affected by any of the provisions of this policy.

IV. Employee Notification of Drug-Related Convictions

A. In accordance with the mandates of the Drug Free Workplace Act of 1988, and as a condition of employment at GSU, all employees (including student employees) will:

  1. abide by the terms of this statement (and the GSU Drug and Alcohol Policy); and
  2. notify, as appropriate, their supervisor, vice president, administrator, dean or department head of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such a conviction. If a federal grant is involved, the GSU office of Legal Affairs must be notified immediately.
  3. failure to make the notification required in subparagraph (b) within the five-day limit may result in disciplinary action.

B. Within 30 calendar days of receiving notice of a conviction, the person notified under paragraph C(1) above shall consult with the Office of Human Resources at GSU, and said person then shall:

  1. take appropriate personnel action against the employee, up to and including termination consistent with State law and the requirements of the Rehabilitation Act of 1973, as amended; or
  2. require the employee to participate successfully, and provide evidence of such participation, in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement other appropriate agency.

V. Student Notification of Drug-Related Convictions

A. In accordance with the state of Georgia's Drug Free Postsecondary Education Act of 1990, any student who is convicted under the laws of Georgia, the United States or any other state of any felony offenses involving the manufacture, distribution, sale, possession or use of marijuana, a controlled substance or a dangerous drug must, within 10 calendar days of said conviction, report it in writing to the GSU office of Financial Aid, as appropriate. Any student who suffers such a conviction shall as of the date of the conviction be denied state of Georgia funds for certain types of loans, grants or scholarships, including Georgia Higher Education Loan Program loans, student incentive grants or tuition equalization grants.

The denial of state funds shall become effective on the first day of the term, quarter or semester for which the student was enrolled immediately following either the date of conviction or the date on which the court accepts a plea of nolo contendere or formally allows a student to receive first offender treatment. The denial of funds shall continue through the end of said term, quarter or semester, but shall be rescinded if a conviction is subsequently overturned on appeal or through collateral relief.

B. In accordance with the Drug Free Workplace Act of 1988, any student who receives a federal Pell grant, and who is convicted of a criminal drug offense that occurred during the period of enrollment covered by the Pell grant, must report the conviction in writing to the Director, Grants and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W., Room 3124, GSA Regional Office Building No. 3, Washington, D.C., 20202-4571. This report must be made within 10 calendar days of the conviction. and failure to report any such conviction may subject the student to suspension or termination of the Pell grants and ineligibility for other types of federal financial assistance.

VI. Enforcement

A. The adherence to these policies on alcohol and drugs shall be the individual and personal responsibility of each member of the student body, staff, faculty, or administration of the University.

B. Direct responsibility and accountability for the enforcement of these policies are imposed upon students, members of the staff, faculty, or administrators of the University who, in the course of their duties, participate int he arrangement, sponsorship, supervision, or organization of institutionally sponsored events (whether taking place on property owned or leased by the University or any unit or subdivision thereof, or any organization requiring approval by the University, or otherwise).

C. Direct responsibility and accountability for the enforcement of these policies are imposed upon the direct administrative supervisors or members or the staff or administrators of the University having duties described in paragraph 2 above to insure strict compliance with these policies.

D. Direct responsibility and accountability are imposed upon faculty advisors to student organizations approved by the University, together with all elected or appointed officers thereof, to insure strict compliance with these policies.

E. All approved student organization must implement a self-monitoring system to insure compliance with this policy. The officers of each organization will certify, in writing to the Office of the Dean of Students, that the organization is aware of and will comply with the provisions of this policy.

F. On occasion, faculty/staff advisors will be present to monitor student groups/functions where alcohol is being served.

G. Advisors or advisory boards of all student organizations:

  1. Must be familiar with the alcohol and drug policy and the sanctions for non-compliance.
  2. Are required to report to the Dean of Students any cases of alcohol abuse, drug use, or illegal service of alcoholic beverages.

H. Every member of the Georgia State University community is encouraged to refer a student, staff member, administrator, or faculty member with drug or alcohol problems to either the Dean of Students' Office, the Georgia State University Counseling Center, or the University Office of Employee Assistance.

VII. University Sanctions for Violations of the Alcohol and Drug Policy

(Refer to Attachment D for other local, state and federal legal sanctions)

A. Any faculty, staff member, administrator, or other employee who violates the policy on alcohol and drugs, shall be subject to disciplinary action up to an including the possibility of dismissal and referral to the appropriate federal, state or local authorities for prosecution in the courts.

B. Any student who violates the policy on alcohol and drugs, shall be subject to disciplinary action up to and including the possibility of dismissal from the institution and referral to the appropriate federal, state, or local authorities for prosecution in the courts.

C. In addition to the foregoing sanctions, the following special sanctions may be imposed by the Dean of Students for violation of the alcohol and drug policy by students or student organizations in accordance with the protection and objectives set forth in the University Statement on Student Rights and Obligations:

  1. Sanctions for groups or individuals:
    1. Expulsion from campus
    2. Restitution must be made for any property damage which occurs.
    3. Violators will be required to go through an alcohol education program developed by the Dean of Students' Office.
    4. Violators will prepare for designated audience and alcohol awareness program. The development and implementation of such program will be supervised by a staff person within the office of the Dean of Students.
  2. Individual sanctions for violations by groups:
    1. Social probation by the Dean of Students.
    2. Assessment of financial penalties, and these funds will be used for alcohol and drug awareness programs.
    3. Freezing of funds if any are available.
    4. Sanctions made by the governing bodies of these organizations, e.g., intramural councils, honors councils, fraternity and sorority councils, professional organizations council, etc.
    5. Report activities to the national headquarters or offices of the organizations if such exists.
    6. Removal of officers from office.
    7. Loss of University recognition and access to campus and support services.
  3. Any student leader who receives a stipend authorized by the student fee Committee and violates the University alcohol policy will be removed from his or her stipended student position.

VIII. Education

The Office of the Dean of Students will develop a written program on the control of alcohol and drug abuse. Copies of this information will be distributed to all student organizations. Further, the Counseling Center will develop or obtain information regarding alcohol and drug abuse, and this information will be readily available to all members of the University community.

(Source: Office of the Provost, in compliance with BOR Policy, Section 406.03)