Apr 25, 2024  
2015-2016 ULM Student Policy Manual 
    
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2015-2016 ULM Student Policy Manual [ARCHIVED CATALOG]

Alcohol Policy

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:
    1. For an established religious purpose.
    2. When a person under twenty-one years of age is accompanied by a parent or legal guardian twenty-one years of age or older.
    3. 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.
    4. 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

  1. 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.
  2. 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

  1. 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.

    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.

  1. 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.
  2. 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.