Apr 20, 2018  
2017-2018 ULM Student Policy Manual 
    
2017-2018 ULM Student Policy Manual

Louisiana Law and Alcohol, Amnesty, Enforcement Procedures for Both On and Off Campus, Alcohol and Sponsored Events, General Provisos for Student/Groups/Organizations, Guidelines for Campus Marketing of Beverage Alcohol


The University of Louisiana at Monroe generally permits the legal possession and consumption of alcoholic beverages, in accordance with state and local law, at registered events held at the Alumni Center, Conference Center, Student Union Building and designated university events, and at registered private social events for which only the sponsoring organization’s members and specifically invited guests may attend. The sale of alcoholic beverages (to include beer, light wine, liquor and other beverages containing alcohol) on campus is only permitted through licensed and insured third party vendors. The University is subject to and abides by the state and local laws and ordinances relative to alcoholic beverages, as well as the Drug Free Schools and Communities Act. The Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226), signed by President Bush on December 12, 1989, requires the University to sign a certification in order to receive any federal funds. The University is required to certify to the United States Department of Education that it has adopted and implemented a program to prevent the illicit use of drugs and abuse of alcohol by students and employees. This program must include standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol.

Louisiana Law (Act No.639, House Bill No.716, approved by the Governor) states that it shall be unlawful for any person under twenty-one (21) years of age to purchase or have public possession of any alcoholic beverage.

The University of Louisiana at Monroe seeks to provide an educational environment that will promote the abilities and opportunities of all students. To achieve this goal the University endorses the Drug Free Schools and Communities Act and adopts the following policy to comply with the requirements of the Act as well as Louisiana Law:

The University does not allow the possession or consumption of alcoholic beverages or possession of alcoholic beverage containers on campus or in any residence hall or apartment on campus regardless of age, except as designated in University policy.  The University will abide by Local and State of Louisiana Laws. The University does not allow the possession of open containers of alcoholic beverages and/or consumption of alcoholic beverages on campus or in any parking area on campus except for designated events and in designated areas.

Students found in violation of the Alcohol Policy (or if a student is found responsible of unbecoming conduct resulting from the consumption of alcoholic beverage) will be subject to strong disciplinary measures through the Office of Student Services (Student Conduct).

Enforcement Procedure on Alcohol:

Although University Police and Residential Life personnel are responsible for enforcing the same alcoholic beverage laws and regulations, their enforcement roles differ. Of the University’s enforcement representatives, University Police has the overall and primary responsibility for enforcement of all applicable alcoholic beverage laws and regulations (i.e., University, City, Parish, State, etc.) on all ULM owned or controlled property and buildings including residence halls/apartments. University Residential Life personnel have enforcement authority only in residence halls/apartments and their enforcement responsibility is limited to ensuring order and tranquility within the limits of the residence hall/apartment regulations on alcohol.

University Police and Residential Life personnel (ULM’s only enforcement representatives in the residence hall/apartment shall become mutually or singularly involved in the enforcement of alcoholic beverage law(s) and/or regulation(s) pertaining to a particular alcohol-related offense in a residence hall/apartment only after that offense becomes a public nuisance in a residence hall/apartment or when it violates residence hall/apartment regulations on alcohol. Any alcohol-related offense in a public area of a residence hall/apartment which violates the public order constitutes a public nuisance.

An alcohol-related offense in a residence hall/apartment living space (a resident’s room/private or shared) becomes a public nuisance when excessive noise from that residence hall/apartment living space disturbs the order and tranquility of the residential community outside the limits of that room/apartment or encroaches on the personal rights of individuals both within and without of the aforementioned residential living space. Specific Residential Life regulations prohibit the possession or consumption of alcoholic beverages or possession of alcoholic beverage containers in any residence hall or apartments on campus. The University will abide by State and Local Laws.

University Police, Residential Life personnel and other identified University officials (to include faculty, staff or administrators) are the only ULM representatives authorized to investigate and decide whether a situation or act in a residence hall/apartment or public area on campus constitutes a public nuisance or violates a University or Residential Life regulation suitable for the initiation of disciplinary action. Subsequently, they may initiate the disciplinary action if they mutually or singularly deem such action necessary. Only when a member of University Police, Residential Life personnel or University faculty and/or administration personally observes a public nuisance and/or residence hall/apartment regulation violation or is presented with a personal student complaint shall any investigator measure be initiated, and the investigator process shall be limited in scope to a particular situation or act in question.

Louisiana Law and Alcohol:

Unlawful Sale, Purchase, and Possession of Alcoholic Beverages

The following are excerpts from ACT No.639, House Bill No.716, approved by the Governor.

93.10. Definitions

For purposes of R.S. 14.93.10 through 93.14, the following definitions shall apply:

1. “Purchase” means (pursuant to R.S. 14:93.1) acquisition by the payment of money or other consideration.

2. “Public possession” means (pursuant to R.S. 14:93.10) the possession of any alcoholic beverage for any reason, including consumption on any street or highway or in any public place or any place open to the public, including a club which is de facto open to the public. Public possession does not include the possession or consumption of any alcoholic beverage:

a. For an established religious purpose.

b. When a person under twenty-one years of age is accompanied by a parent or legal guardian twenty-one years of age or older.

c. For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

d. In private residences.

3. “Alcoholic beverage” (pursuant to R.S. 26:241.1) means any fluid or any solid capable of being converted into liquid suitable for human consumption, and containing more than one-half of one percent alcohol by volume including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout fruit juices, cider, or wine.

93.11 Unlawful sales to persons under twenty-one

A. Unlawful sales to persons under twenty-one is the selling or otherwise delivering for value of any alcoholic beverage to any person under twenty-one years of age. Lack of knowledge of the person’s age shall not be a defense.

B. Whoever violates the provisions of this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.

93.12 Purchase and public possession of alcoholic beverages; exceptions; penalties

A. It is unlawful for any person under twenty-one years of age to purchase or have public possession of any alcoholic beverage unless exempted by law.

B.  

1. Whoever violates the provisions of this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.

2. Any person apprehended while violating the provisions of this Section shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations.

93.13 Unlawful purchase of alcoholic beverages by persons on behalf of persons under twenty-one.

A. It is unlawful for any person, other than a parent or legal custodian as specified in R.S. 14:93.10(2)(a)(ii), to purchase on behalf of a person under twenty-one years of age any alcoholic beverage.

B. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.

Ammesty:

Purpose:

The purpose of the policy is to remove barriers and increase the likelihood that students who require emergency medical assistance as a result of high risk alcohol consumption will receive such assistance. This policy will provide an opportunity for a caring intervention that will not result in a disciplinary action from the Office of Student Services (Student Conduct).

The Medical Alcohol Amnesty Policy is a way for the University of Louisiana at Monroe to reduce the harmful consequences caused by the abuse of alcohol. This policy is designed to promote responsible decisions when students are faced with medical emergencies requiring emergency medical attention. Emergency medical attention is defined as admittance to a hospital. This policy is in place to encourage students to not fear seeking the help of others when faced with a high risk alcohol intervention.

Students who qualify for medical amnesty will not receive any sanctions from the Office of Student Services (Student Conduct).

The University of Louisiana at Monroe does not condone under-aged drinking but does recognize that it is occurring and has implemented this policy in hopes that it will encourage more students to make the appropriate decision to call for help when emergency medical attention is needed.

Qualifying for Medical Amnesty:

There are three categories for who qualifies for medical amnesty and what is required of them for it to be granted. All categories apply to both on-campus and off-campus in regard to Student Conduct allegations. The three categories are described below:

Persons in need of Emergency Medical Attention:

Students who receive emergency medical attention and are hospitalized directly related to the consumption or use of alcohol may be eligible to receive medical amnesty. Students will be referred to the Office of Student Services and if the students qualify for medical amnesty, no disciplinary actions will be issued from the Office of Student Services. Students may be referred to additional resources on our campus and will be required to follow through with the requirements in order to receive amnesty, such as meeting with our Substance Awareness Counselor within a short time after being hospitalized. The Office of Student Services has the authority to notify the parent(s) or legal guardian(s) of students under the age of 21 (who are claimed as dependents for income tax purposes) who receive medical amnesty of the situation which has triggered the use of the medical amnesty policy. Students who receive emergency medical attention may be granted medical amnesty only once while enrolled at the University of Louisiana at Monroe. Any subsequent violation will result in a referral to Student Services.

Other Individuals Present:

Students who help seek emergency assistance on behalf of persons experiencing alcohol related emergencies or lend a helping hand to the emergency situation are eligible to receive amnesty. Students may or may not be referred to the Office of Student Services. If students are referred, they may be granted amnesty and will not receive any disciplinary actions from the Office of Student Services. Students may be required to participate in an appropriate educational program or referred to additional resources on our campus in order to receive amnesty. In order to encourage students to be proactive in helping others, the University does not limit the number of times a student can seek amnesty while assisting others during an alcohol-related emergency.

Clubs/Organizations:

A representative of a university recognized club or organization hosting an event is required to seek medical assistance in a medical emergency to be eligible for medical amnesty as it applies to clubs/organizations. Representatives from the organization may be required to meet with the Office of Student Services or the Coordinator of Student Development. Clubs/organizations that qualify for medical amnesty will not be charged or sanctioned for violations of the University’s alcohol-related policies, and the incident will not be noted on the club/organization’s record. Organizations may be required to participate or organize an appropriate educational program to the organization and its members. Medical amnesty for a club/organization is granted to the club/organization only. Members of the organization must qualify for medical amnesty as described previously. Clubs/organizations may only be granted medical amnesty once per academic school year and only for appropriately recognized events of their organization.

Limitations of Medical Amnesty:

Medical amnesty applies to incidents that require emergency medical attention and the student is taken to the hospital directly related to the consumption or use of alcohol. The policy does not apply to any type of drug related behavior including use, possession, or distribution. Additionally, the policy does not apply to other prohibited conduct, such as, but not limited to assault, theft, driving while impaired, property damage etc. If other prohibited conduct occurs, the student(s) will be held responsible by the University and the Office of Student Services (Student Conduct) for those violations.

Nothing in this policy shall prevent an individual who has enforcement obligations under state or federal law to report, charge, or take other action related to the possible criminal prosecution of any student.

Alcohol Policy for ULM Sponsored Events:

A. University publications or student organizational publications may accept advertisements from alcohol companies or distributors in accordance with the “Guidelines for Campus Marketing of Beverage Alcohol.”

B. Alcoholic beverages may not be distributed free of charge, excluding ticketed events, by an alcohol company or distributor at any University event or under any other circumstances on campus. Any exceptions must be made by the Director of Student Life and Leadership and the Vice President of Student Affairs.

C. Anyone representing ULM off-campus or who reasonably could be construed as doing so (e.g. at conferences, seminars, competitions, performances, other activities/events) must behave legally and responsibly regarding the use of alcohol, abiding by the laws and policies of the states and/or institutions where they are visiting. Additionally, all students must adhere to ULM’s Student Code of Conduct, even when at an off-campus location.

D. The possession and consumption of alcoholic beverages in campus residence halls and apartments is not allowed.

E. Social events sponsored by student organizations must be registered with the Office of Student Life and Leadership.

F. Student organizations will assume complete responsibility for off-campus social events including the conduct of any and all participants attending the event. These events must be officially registered with the Office of Student Life  and Leadership.

G. Any student organization sponsoring a social event where alcoholic beverages will be present must comply with the following:

Both On- and Off-Campus Events:

1. The possession, use, and/or consumption of alcoholic beverages must be in compliance with any and all applicable laws of the state, parish, city, and University.

2. No alcoholic beverages may be purchased through an organization’s treasury, nor may the purchase of alcoholic beverages for members or guests be undertaken or coordinated by any member in the name of or on behalf of the organization.

3. No alcoholic beverages of bulk quantity or common sources (kegs, cases, jungle juice, etc.) may be purchased, accepted as a donation, or used under any circumstances. Providing a common source of any alcoholic beverage - be it beer, alcoholic punch, or an open bar - implies that it is provided by or on behalf of the organization, regardless of who actually purchased it. In addition, no alcohol may be served from common source containers on organization property or at organizational events. This provision also applies to third party vendors. In addition, no alcohol may be served from common source containers on organization property or at organizational events.

4. OPEN PARTIES where alcohol is present – meaning those with unrestricted access by non-members of the organization without specific invitation - are prohibited. Organization cannot “require” members to be present at an alcohol function.

5. No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under legal “drinking age”).

6. No organization may co-sponsor or co-finance a function where alcohol is purchased by any of the host groups or organizations.

7. No member of an organization shall permit, tolerate, encourage, or participate in “drinking games.”

8. The event must be centered around a theme, not alcohol. Organizations are strongly advised to select themes which are considered in good taste and which are not considered to be insensitive to any group.

9. Alcoholic beverages cannot be provided as free awards.

10. Students who are inebriated will not be served alcoholic beverages at the event. University police, university officials, and bar tenders have the authority to turn away any guests that appear intoxicated.

11. Designated drivers are suggested for all social events where alcoholic beverages are present.

12. Signs or leaflets endorsing the use of alcohol or illegal substances are prohibited and shall not promote nor describe the availability of alcoholic beverages  (i.e., BYOB, BYOC, ALL YOU CAN DRINK, KEG BUST, etc.)

13. Events must end by 11 p.m. Sunday through Thursday, and events must end by 1:30 a.m. on Friday or Saturday. Any exceptions must be approved by the Director of Student Life and Leadership and the Vice President of Student Affairs.

On-Campus Events Only:

1. Proper identification (i.e., a driver’s license) is required to be shown and checked by University Police. The identification must stay on the person during the event. A means to distinguish those who can/cannot possess and consume alcohol must be implemented (wrist bands, stamps, etc.). These measures help to insure that only those of legal drinking age are served alcohol.

2. Non-alcoholic beverages (other than water) must be readily available and in sufficient quantities for members and their guests. The non-alcoholic beverages must be displayed in equal prominence along with the alcoholic beverages.

3. An ample supply of non-salty food must be provided at all events where alcohol is present and must be displayed in equal prominence along with the alcoholic beverages.

4. No cover charge (door charge/”walk-up charge”) may be imposed at social events where alcohol is present. Only members and invited guest with “pre-ticket”sales are authorized to attend.

5. Only licensed and insured third-party vendors may sell alcohol to participants at a social event; the organization is prohibited from such sales. A fair market value for the alcoholic beverage must be collected by the vendor for each individual drink served and the student organization is not allowed to subsidize the sale (one price for “all you can drink” is not allowed). Third-party vendors must not be associated with the sponsoring organizations(s) (i.e. the vendor cannot be related to a member of the sponsoring organization). Organizations whose national policies require members to sponsor activities utilizing BYOB (Bring Your Own Beverage) instead of licensed third-party vendors are advised to strictly adhere to that policy and its mandates.

6. The University requires organizations to hire a minimum of two uniformed police officers to supervise social events where alcoholic beverages are present. Organizations must complete a Request for Police Services Form from the University Police Department well in advance of the event. University Police will determine the final number of officers required, including but not limited to security needs inside of the event, parking, etc. Police (as well as Physical Plant workers) must be paid through university payroll, not cash or check.

7. Alcoholic beverage consumption must cease 45 minutes before the conclusion of the event.

8. No ice chests are allowed inside the university venues by members or guest of an organization.

General Provisos for Student Groups/Organizations:

  • University publications or student organizational publications may accept advertisements from alcohol companies or distributors in accordance with the “Guidelines for Campus Marketing of Beverage Alcohol.”
  • Alcoholic beverages may not be sold on campus by any alcohol company or distributor.
  • Alcoholic beverages may not be distributed free of charge by an alcohol company or distributor at any University event or under any other circumstances on campus.
  • The possession or consumption of alcohol is not permitted at athletic events, including varsity athletic events, club sports athletic events and intramural sports events.
  • The possession or consumption of alcohol is not permitted during University sponsored trips.
  • The possession and consumption of alcoholic beverages in campus residence halls and apartments is not allowed.
  • Social events sponsored by student organizations must be registered with the Office of Student Life and Leadership.
  • Any student organization sponsoring a social event where alcoholic beverages will be present must comply with the following: 
  1. The possession, use, and/or consumption of alcoholic beverages must be in compliance with any and all applicable laws of the state, parish, city, and University.
  2. No alcoholic beverages may be purchased through an organization’s treasury, nor may the purchase of alcoholic beverages for members or guests be undertaken or coordinated by any member in the name of or on behalf of the organization.
  3. No alcoholic beverages of bulk quantity or common sources (kegs, cases, jungle juice, etc.) may be purchased, accepted as a donation, or used under any circumstances. Providing a common source of any alcoholic beverage - be it beer, alcoholic punch, or an open bar - implies that it is provided by or on behalf of the organization, regardless of who actually purchased it. In addition, no alcohol may be served from common source containers on organization property or at organizational events. This provision also applies to third party vendors. In addition, no alcohol may be served from common source containers on organization property or at organizational events. This provision also applies to third party vendors.
  4. OPEN PARTIES where alcohol is present – meaning those with unrestricted access by non-members of the organization without specific invitation - are prohibited. Organization cannot “require” members to be present at an alcohol function.
  5. No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under legal “drinking age”).
  6. No organization may co-sponsor an event with an alcohol distributor, charitable organization or tavern (tavern defined as an establishment generating more than half of annual gross sales from alcohol) where alcohol is given away, sold or otherwise provided to those present.
  7. No organization may co-sponsor or co-finance a function where alcohol is purchased by any of the host groups or organizations.
  8. No member of an organization shall permit, tolerate, encourage, or participate in “drinking games.”
  9. Proper identification (i.e., a driver’s license) is required to be shown and checked by designated leaders of the organization. A means to distinguish those who can/cannot possess and consume alcohol must be implemented (wrist bands, stamps, etc.). These measures help to insure that only those of legal drinking age are served alcohol.
  10. Non-alcoholic beverages (other than water) must be readily available and in sufficient quantities for members and their guests. The non-alcoholic beverages must be displayed in equal prominence along with the alcoholic beverages.
  11. An ample supply of non-salty food must be provided at all events where alcohol is present and must be displayed in equal prominence along with the alcoholic beverages.
  12. The event must be centered around a theme, not alcohol. Organizations are strongly advised to select themes which are considered in good taste and which are not considered to be insensitive to any group.
  13. No cover charge (door charge/”walk-up charge”) may be imposed at social events where alcohol is present. Only members and invited guest with “pre-ticket” sales are authorized to attend.
  14. Only licensed and insured third-party vendors may sell alcohol to participants at a social event; the organization is prohibited from such sales. 

a.   A fair market value for the alcoholic beverage must be collected by the vendor for each individual drink served and the student organization is not allowed to subsidize the sale (one price for “all you can drink” is not allowed). Third-party vendors must not be associated with the sponsoring organizations(s). Organizations whose national policies require members to sponsor activities utilizing BYOB (Bring Your Own Beverage) instead of licensed third-party vendors are advised to strictly adhere to that policy and its mandates.

b.   Alcoholic beverages cannot be provided as free awards.

c.   The University requires organizations to hire a minimum of two uniformed police officers to supervise social events where alcoholic beverages are present. (An extra officer per 100 in attendance is required.) Organizations must complete a Request for Police Services Form from the University Police Department well in advance of the event.

d.   Student organizations must ensure that an advisor is present for the duration of the event.

e.   Alcoholic beverage consumption must cease 45 minutes before the conclusion of the event.

f.    Designated drivers are required for all social events where alcoholic beverages are present.

g.   Student organizations will assume complete responsibility for off-campus social events including the conduct of any and all participants attending the event.

h.   Signs or leaflets endorsing the use of alcohol or illegal substances are prohibited and shall not promote nor describe the availability of alcoholic beverages (i.e., BYOB, BYOC, ALL YOU CAN DRINK, KEG BUST, etc.).

I.    No ice chest are allowed inside the university venues by members or guest of an organization.

ULM Alcohol Event Policy Checklist:

For a student organization to allow alcohol at an event in a designated on-campus venue on the campus of the University of Louisiana at Monroe, the organization must complete the following checklist:

1. Set up a meeting with the Coordinator of Student Development at least three weeks prior to the scheduled major campus event (i.e. formals, balls, dances, etc.).

2. An approved outside vendor must be secured.

3. A copy of the vendor’s alcohol license to sell alcohol “off premises” (away from their primary business location) must be presented to the facilities coordinator and be placed on file in Student Life and Leadership (if it is not already) at least one week prior to the event.

4. Only certified Bar Tenders over the age 21 will be allowed to sell or distribute alcoholic beverages.

5. The organization must secure at least one police officer to verify legal age to consume alcohol and issue wristbands. University Police will determine the total number of officers needed to work the event. Officers must be paid via payroll voucher, not cash or check.

6. University Police will have wristbands for all individuals that are 21 years of age or older. UPD will need an estimated number of attendees.

7. The Student Organization must have a ULM faculty/staff representative or official alumni advisor present for the duration of the on-campus event.

8. Events must be submitted to and approved by Student Life and Leadership.

If this policy is not followed and completed in a timely manner, the event will be canceled. All other policies outlined in the student policy manual must be followed or the organization risks suspension.

Guidelines for Campus Marketing of Beverage Alcohol:


Upon the recommendation of the National Association of Student Personnel Administrators (NASPA), the American College Personnel Association (ACPA), the Association of College and University Housing Officers International (ACUHO-I), and BACCHUS (Boosting Alcohol Consciousness Concerning the Health of University Students), the University of Louisiana at Monroe has adopted the following guidelines for the marketing of beverage alcohol on this campus. The University further advises that all alcoholic beverage marketers will not be permitted to promote their products on campus unless they agree to abide by the following guidelines.

  • Alcohol beverage marketing programs specifically targeted for students and/or held on campus should conform to the student code of conduct of the institution and should avoid demeaning sexual or discriminatory portrayal of individuals.
  • Promotion of beverage alcohol should not encourage any form of alcohol abuse nor should it place emphasis on quantity and frequency of use.
  • Beverage alcohol (such as kegs or cases of beer) shall not be provided as free awards to individual students or campus organizations.
  • No uncontrolled sampling as part of campus marketing programs should be permitted and no sampling, or other promotional activities, should include “drinking contest.”
  • Where controlled sampling is allowed by law and institutional policy, it should be limited as to time and quantity. Principles of good hosting should be observed including availability of alternative beverages, food and planned programs. The consumption of beer, wine or distilled spirits should not be the sole purpose of any promotional activity.
  • Promotional activities should not be associated with otherwise existing campus events or programs without the prior knowledge and consent of appropriate institutional officials.
  • Display or availability of promotional materials should be determined in consultation with appropriate institutional officials.
  • Informational marketing programs should have educational value and subscribe to the philosophy of responsible and legal use of the products represented.
  • Contracts for advertisements with campus media (radio station, TV station, yearbook, literary magazine, or newspaper) should include a statement regarding educational value and subscribe to the philosophy of responsible and legal use of the products represented. Beverage alcohol marketers should support campus alcohol education programs that encourage informed and responsible decisions about the use or non-use of beer, wine or distilled spirits.
  • If permitted, beverage alcohol advertising on campus or in institutional media, (radio station, TV station, yearbook, literary magazine or newspaper) including that which promotes events as well as product advertising, should not portray drinking as a solution to personal or academic problems of students or as necessary to social, sexual or academic success.
  • Advertising and other promotional campus activities should not associate beverage alcohol consumption with the performance of tasks that require skilled reactions such as the operation of motor vehicles or machinery.
  • Local off-campus promotional activities, primarily directed to students, should be developed in consultation with appropriate institutional officials.