APPENDIX D

UCSC

ALCOHOL AND DRUG POLICY

Illegal alcohol or drug use is not acceptable behavior at UCSC and is of concern to the university. The following policies address this concern.

I. GENERAL UNIVERSITY DRUG POLICY STATEMENT

The University of California expects students, as well as other members of the university community, including visitors and guests, to comply with applicable federal and state laws, and local ordinances governing drugs. Unlawful manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of controlled substances, as defined in federal and state law, local ordinances, or regulations is prohibited on university properties or at university-sponsored functions.

II. GENERAL UNIVERSITY ALCOHOL POLICY STATEMENT

The University of California expects students, as well as other members of the university community, including visitors and guests, to comply with applicable federal and state laws, and local ordinances governing alcoholic beverages. The manufacture, distribution, dispensing, possession, use, or sale of, or the attempted manufacture, distribution, dispensing, or sale of alcohol on university properties or at university-sponsored functions which is unlawful or otherwise prohibited by, or not in compliance with, university policy or campus regulations is prohibited.

Individuals are also cautioned that they will be subject to disciplinary procedures if their use of alcohol threatens disorder, creates a public disturbance, endangers themselves and/or others, or results in property damage. Individuals will be held accountable for the behavior of guests or visitors, who are not permitted to bring and/or consume alcohol on university property or at university events or functions. Kegs, party balls, pony kegs, and common-source containers are strictly prohibited under all circumstances.

To try to protect against problems of misuse, abuse, or injury, the university has adopted the following regulations:

1. Individual Consumption:

Individuals under the age of 21 years are not to possess or consume alcohol.

Individuals of legal drinking age (21) may determine for themselves whether or not to consume alcohol in the privacy of their assigned rooms or apartments, in accordance with their residential regulations.

The university prohibits serving and/or consuming alcohol at events or functions in residential facilities and/or in semi-private or public places, without appropriate approval by a university official using the "Permit to Serve Alcoholic Beverages on Campus" form (See III, 8. below).

Semi-private places may include: hallways, decks, lounges, TV rooms, stairwells, balconies, or residence hall bathrooms. Public places may include: lobbies, lounges, stairwells, decks, dining halls, classrooms, meeting places, recreational facilities, plazas, patios, etc.

Each college is responsible for making available a description of acceptable places for their college. Alcoholic beverages are not permitted in any other areas of the college without prior authorization from the appropriate university administrator. Contact Conference Services for copies of the policy, alcohol permits and other appropriate forms for summer conferences and programs. These forms are also available on the Conference Services website at http://www2.ucsc.edu/conference/.

2. Events and Functions:

Consumption of alcoholic beverages at individual-sponsored and group-sponsored events or functions in private student rooms, student apartments, or semi-private places may occur only with prior authorization. In addition, the rules for group-sponsored events as stated in Section III, below ("Rules for Sponsored Events at which Alcohol is Served") and individual college guidelines must be followed.

3. Public Outdoor Areas:

Open containers of alcoholic beverages are prohibited in automobiles, parking lots, and at any and all campus outdoor areas, such as playing fields, grasslands, wooded areas, etc. in accordance with city and county ordinances, and state laws.

4. Sale of Alcohol:

The sale of alcohol without a license is strictly prohibited on university property. This prohibition includes the exchange of one form of alcohol for another or the bartering of other things such as chips or tickets for alcohol.

III. RULES FOR SPONSORED EVENTS AT WHICH ALCOHOL IS SERVED

The following rules govern any planned, group-sponsored or university-sponsored event

during which the serving of alcohol is permitted:

1. Attendance shall be limited to members of the sponsoring group, their invited guests and

conference participants.

2. The serving of alcoholic beverages should not be included in any advertisement for the

event.

3. The person or persons sponsoring the event are responsible for compliance with applicable

laws, regulations and university policies. No person under 21 years of age shall be served an

alcoholic beverage.

4. Consumption of alcoholic beverages shall not be the main focus or purpose of the event.

5. Nonalcoholic beverages must be available at the event and featured as prominently as the

alcoholic beverages.

6. Food and snacks shall also be provided at the event as an alternative stimulus for social

interaction.

7. The use of illegal drugs at any such event will automatically invalidate authorization of the

event and will permit an immediate halt of the event by the police or other intervening

authority.

8. Sponsors, approving agencies, and participants should be made aware of UCSC policies on alcohol by the university official responsible for approving the use of alcohol. In addition, anyone who may be supervising an event where the use of alcohol will occur should be made aware of these policies and take responsibility for sharing the policies with the participants.

University officials who have been delegated authority to approve the serving of alcohol are:

a. academic deans—including the dean of university Extension and dean of Graduate Studies)—for events sponsored by academic units such as departments, programs, academic units at the colleges, research units, and individual faculty members.

b. university librarian—for events held in the university and Science Libraries.

c. college provosts—for events held in the colleges that are not intended primarily for students and at which minimal student presence is expected.

d. campus provost—for events sponsored by units or individuals in the reporting line to the campus provost, and not already delegated to a., b., or c., above.

e. assistant chancellor, University Advancement—for events sponsored by units or individuals in the reporting line to the assistant chancellor University Advancement and for off-campus events sponsored by various university affiliate groups.

f. vice chancellor, Business and Administrative Services—for events sponsored by units or individuals in the reporting line to the vice chancellor Business and Administrative Services.

g. vice chancellor, Student Affairs—for events sponsored by units or individuals in the reporting line to the vice chancellor Student Affairs, and for all events that are sponsored by students or registered student organizations, or are primarily for students, including events in Family Student Housing, Graduate Housing, Conference Services, the Trailer Park and events in the colleges which are primarily intended for students.

h. chancellor—for events sponsored by units or individuals reporting directly to the chancellor, as well as any event not covered by the above.

IV. LEGAL LIABILITY

If serving alcoholic beverages to a person who is not of legal drinking age results in injury or property damage, the individual and/or organization responsible for serving the alcohol may be liable in a lawsuit. No university employee (including residential staff) shall be required to assume responsibility for serving alcohol as part of his or her duties.

V. DISCIPLINARY ACTIONS

Depending on the severity of the violation, the university has the authority to initiate disciplinary procedures, which could result in exclusion from areas of the campus, loss of housing or other privileges, suspension, or dismissal.

1. Minor infractions (including but not limited to bringing common source containers on university property) may be dealt with by college-imposed sanctions as well as by University Police with applicable disciplinary procedures. Disciplinary sanctions could include but may not be limited to loss of on-campus housing privileges.

2. Major infractions (including but not limited to the sale or transfer of illegal drugs or the causing of danger to oneself and others and/or property damage) may result in suspension or dismissal from the university, and referral to appropriate authorities for criminal investigation and prosecution.

3. Campus judicial proceedings do not preclude criminal prosecution.

VI. POLICY CLARIFICATION

For policy clarification, contact any member of the residential staff, such as the residential life coordinator, area coordinators, community safety officers, or the college administrative officer. The campus provides a number of support services, including support groups, classes, etc. For further information, contact Student Health Outreach and Promotion (SHOP), 459-3772, or your college office.

This is not intended to be a comprehensive list of all applicable laws. Moreover, laws may change over time. Individuals are exERAL LAWS GOVERNING Ipected to be aware of current federal, state, and local laws.

FEDLLICIT DRUGS

• The manufacture, sale, or distribution of all scheduled (illicit) drugs constitutes a felony.
  
  
• Possession for personal use of all scheduled drugs except marijuana is chargeable as a felony at the discretion of the U.S. Attorney. Scheduled Drugs include the various narcotics, barbiturates, amphetamines, cocaine, cannabis, hallucinogens, and synthetic drugs, e.g., PCP, MPT, and MDMA.
  
  
• Section 5301 of the federal Anti-Drug Abuse Act of 1988 states: if you are convicted of drug distribution or possession, your eligibility for Title IV student financial aid is subject to suspension or termination.

CALIFORNIA LAWS GOVERNING MARIJUANA

• The cultivation (i.e., growing or harvesting), the possession for sale, or the sale of marijuana constitutes a felony. A felony conviction can involve serving time in a state prison
  
  
• Possession of one ounce or more of marijuana for personal use constitutes a misdemeanor, the conviction of which could include paying a fine and/or serving time in jail.
  
  
• Possession of less than one ounce of marijuana for personal use constitutes a misdemeanor, the conviction of which could carry a fine up to $100.00.
  
  

CALIFORNIA LAWS GOVERNING ALCOHOL

• No person may sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under the age of 21, and no person under the age of 21 may purchase, or attempt to purchase, alcoholic beverages (California B & P Code 25658 and 25658.5).
  
  
• It is unlawful for any person under the age of 21 to possess alcoholic beverages on any street or highway or in any place open to public view (Calif. B&P Code 25662).
  
  
• It is a misdemeanor to sell, furnish, or give away an alcoholic beverage to any person under the age of 21(Calif. B&P Code 25658) or to any obviously intoxicated person (Calif. B&P Code 25602).
  
  
• It is a misdemeanor to possess a keg containing beer with the knowledge that the keg is not identified as such (Calif. B&P Code 25659.5(c)) or to purchase a keg of beer by providing false information (Calif. B&P Code 25659.5(d)).
  
  
• It is a misdemeanor for any person to sell, give, or furnish to any person under the age of 21 years, any false or fraudulent written, printed, or photo static evidence of the majority and identity of such person or to sell, give or furnish to any person under the age of 21 years evidence of the majority and identification of any other person (Calif. B&P Code 25660.5).
  
  
• It is a misdemeanor for any person under the age of 21 years to present or offer to any licensee, his agent or employee, any written, printed, or photo static evidence of age and identity which is false, fraudulent or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of alcoholic beverage, or who has in his or her possession any false or fraudulent written, printed, or photo static evidence of age and identity (Calif. B&P Code 25661).
  
  
• It is a misdemeanor for any person under the age of 21 years to enter and remain in a business licensed for the sale of alcoholic beverages without lawful business therein (Calif. B&P Code 25665).
  
  
• It is a misdemeanor to sell alcoholic beverages any place in the state without a proper license from the Department of Alcoholic Beverage Control (Calif. B&P Code 23301).
  
  
• It is unlawful for any person to drink and drive, or to have an open container of an alcoholic beverage in a moving vehicle. With a blood alcohol level of .08% or higher, a driver is presumed under the influence of alcohol. Between .05% and .08% a person may be found guilty of driving under the influence.
  
  
• It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater to drive a vehicle (Calif. Vehicle Code 23136).
  
  
• It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle (Calif. Vehicle Code 23152).
  
  
• It is unlawful for any person to drink any alcoholic beverage while driving a motor vehicle, or while a passenger in a motor vehicle, upon any highway (Calif. Vehicle Code 23220 and 23221).
  
  
• It is unlawful for any person under the age of 21 years to knowingly drive, or be a passenger in, any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act and is driving the motor vehicle during regular hours and in the course of the person's employment (Calif. Vehicle Code 23224).
  

• It is unlawful for any person to possess an open container containing an alcoholic beverage in public or on city property unless the container is fully enclosed in another container so that it is inaccessible for consumption (Section 9.12.030).
  
  
• It is unlawful to drink an alcoholic beverage in public places such as at the beach, in parks, or on the "Mall" (Section 9.12.020).
  
  
• It is unlawful for any person under the age of 21 years, whether on public or private property, to solicit another person to purchase an alcoholic beverage (Section 9.12.040(a)).

• It is unlawful for any person, between the hours of 10:00 p.m. and 8:00 a.m., to make, cause, suffer or permit to be made, any offensive noise (1) which is made within one hundred feet of any building or place regularly used for sleeping purposes, or (2) which disturbs, or would tend to disturb, any person within hearing distance of such noise (Section 9.36.010(a)).
  
  
• It is unlawful for any person to make, cause, suffer or permit to be made any noises or sounds (a) which are unreasonably disturbing or physically annoying to people or ordinary sensitiveness or which are so harsh or so prolonged or unnatural in their use, time or place as to cause physical discomfort to any person, and (b) which are not necessary in connection with an activity which is otherwise lawfully conducted (Section 9.36.020).
  
  
• Any person who violates any section of the Noise Offenses Codes and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section, is guilty of a misdemeanor (Section 9.36.030).
  
  
• When a police officer responds to a loud or unruly gathering, the officer shall inform any responsible person at the scene that (a) the officer has determined that a loud or unruly gathering exists; and (b) responsible persons will be charged for the cost of any special security services required for subsequent responses to the scene within the next twelve hours (Section 9.37.020).
  
  
• Where the police department responds to a loud or unruly gathering more than once within twelve hours, the responsible person shall be liable for the costs of providing special security service for the second and following responses. If the responsible person is a minor the parents or guardians of that person shall be liable for such costs. If there is more than one responsible person they shall all be jointly and individually liable for the full cost of the special security service (Section 9.37.030).