Public Safety

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Alcohol and Other Drug Policies

Alcohol Policy

A. All students of the University of San Diego and their guests and visitors are subject to applicable California state law and the University of San Diego's alcohol policy regarding possession and consumption of alcohol. Please also see the University’s Alcohol and Drug Policy at: http://www.sandiego.edu/legal/policies/community/health/Alcohol.pdf

B. Possession and consumption of alcohol is permitted by persons 21 years of age or older only in private rooms within University residence halls, where at least one assigned resident is 21 years of age or older, except as noted below. Possession, consumption and storage of alcohol is prohibited in all residential common areas, eg. lobbies, public lounges, hallways, stairwells, common bathrooms, landings, common kitchens, balconies, patios, closets or outdoor areas.

C. Furnishing alcohol to a person under the age of 21 years on University property or at a University-sponsored event is prohibited.

D. No possession or consumption of alcohol is permitted by anyone in private residence rooms within University residence halls where all of the assigned residents are under 21 years of age.

E. No possession or consumption of alcohol is permitted in living areas designated for freshmen students.

F. In a room where alcohol consumption is permitted, no more than six (6) guests, 21 years of age or older, may be present while alcohol is being consumed, and no guests under 21 years of age may be present in the room while alcohol is being consumed. When alcohol is being consumed, all room doors must be closed.

G. Movement between residence rooms where alcohol consumption is permitted with any type of receptacle containing alcohol is prohibited.

H. Public display of intoxication while on University property or at a University-sponsored event is prohibited.

I. Establishment of a private bar, storage of excessive quantities of alcohol or possession and/or use of a tap or keg is prohibited in all residence hall areas.

J. Compliance with all requests by Residential Life or Public Safety personnel for proof of 21-year-old status is required.

K. Driving while under the influence of alcohol is prohibited.

Under special circumstances, with the advance approval through Banquets and Catering, permission for alcohol consumption at an event held on the University campus may be granted if:

A. The event is sponsored by a registered campus organization and violations of any applicable California state law and/or the University’s alcohol policies are the responsibility of the individual and the sponsoring organization(s) or its representatives.

B. The facility being utilized is to be scheduled through Campus Scheduling.

C. The sponsoring organization(s) and its representative(s) establish and maintain strict controls for the events and will ensure that no minors consume, are served or transport alcoholic beverages to the facility or area.

D. The event shall be considered a closed function open to the members of the sponsoring group and their invited guests only.

E. Required administrative procedures will be followed and forms completed.

F. The Associated Students and the Office of Student Affairs will not allocate funds to student organizations for off-campus events where alcohol is served, with the exception of instances where a proprietor with a liquor license assumes full responsibility for the selling, dispensing and control of any alcohol available to guests or participants at the event.

G. Any and all types of advertising for any event, on or off campus, must not include information that alcohol will be served. This includes public media such as The Vista, campus calendars, student newsletters, flyers, banners, posters or invitations. The mention of alcoholic beverages cannot be included in advertising for the event, in any manner (i.e., words or phrases).

Listed below are summaries of sample state statutes and penalties. Note: this list is not all inclusive of drug and alcohol related crimes and does not include the full text of the statutes.

California Business and Professions Codes
25658 B&P - Sale and Consumption of Alcohol by Minor (Misdemeanor)
The purchase or consumption of alcoholic beverages by a person under 21 years of age is a misdemeanor and shall be punished by a fine of not less than $250 or 24-32 hours of community service or a combination of fine and community service.

California Vehicle Codes
23152. 23165 CVC - Prohibition of Driving Under the Influence of Alcohol or Drugs
It is unlawful for any person who is under the influence of any alcoholic beverage (0.08 percent or more) and/or drug to drive a vehicle. First conviction: imprisonment in the county jail for not less than 96 hours nor more than six months, and by a fine of not less than $390 nor more than $1,000. In addition, you may lose your driver’s license for up to six months or your driving record may be monitored for a period of time. If you are convicted twice within seven years, you may be imprisoned up to one year, fined up to $1000, and may lose your driver’s license for 18 months.

23140 CVC - Persons Under 21
Persons under 21 found to have alcohol in their system (0.05 percent or more, by weight) are considered to be legally impaired to drive a vehicle. For example, one drink would put you over 0.05 percent.

In addition, USD imposes its own sanctions for Driving Under the Influence of alcohol which can include monetary fines and the loss of driving and parking privileges for one year.

What You Should Know
It is a violation to be in the presence of anyone using a controlled substance (this includes alcohol if it is being consumed illegally).

If you host a party where any controlled substance is present (including alcohol when being consumed illegally), you will receive a double fine in addition to standard sanctions.

The use, possession, distribution, or sale of any potentially harmful or, illegal drug (including Marijuana) or drug-related paraphernalia (e.g., bongs) is strictly prohibited. Anyone involved in the sale or distribution of drugs on or off campus will be dismissed from USD immediately.

Harm to persons or damage to university property arising from the actions of intoxicated individuals on the premises of the university will be the full and sole responsibility of such individuals.

Any student’s behavior on campus that is disruptive or destructive as the result of intoxication will be documented and subject to disciplinary action.

Any student who encourages another to consume alcoholic beverages or any substance as a means to induce that individual to engage in behavior that would otherwise be against that person’s will is subject to dismissal from the university.

Students should familiarize themselves with all university alcohol and drug policies to avoid any possible violations or problems.

Reporting Violations
If you are concerned about a friend or student who is using alcohol or drugs, please notify one of the following areas below. If you encounter a critical situation, please call PUBLIC SAFETY immediately

 

Prefix

Extension

Alcohol And Drug Education

260

4618

Counseling Center

260

4655

Health Center

260

4595

Residential Life

260

7656

Department Of Public Safety

260

7777

Emergency

260

2222


Students living in the residence halls may also notify their Resident Directors, Resident Coordinators, and Resident Assistants concerning any alcohol and drug violations.

University Policy on Drugs

The university does not tolerate drug use or possession in any campus facility. Any individual known to be possessing, using, or distributing marijuana or any controlled substance is subject to disciplinary action, possible arrest, imprisonment and fine according to state law.
Any first-time violation of the university policy on alcohol and other drugs may result in a monetary fine of $25 to $500, which may be charged to the student’s account. In addition, other sanctions will be imposed depending on the severity of the infraction. Those sanctions may include loss of privileges (e.g., financial aid), restitution, educational sanctions (e.g., attendance at a prevention program), ineligibility to play on an athletic team, dismissal from university housing, suspension, and expulsion from the university. Any future violations will result in more serious sanctions than those imposed on the first offense.
Listed below are summaries of sample state statutes and penalties. Note: this list is not all inclusive of drug and alcohol related crimes and does not include the full text of the statutes.
California Health and Safety Codes
11357 H&S - Unauthorized Possession of Marijuana
Except as authorized by law, every person who possesses not more than 28.5 grams (one ounce) of marijuana, other than concentrated cannabis (felony possession), is guilty of a misdemeanor.
11358. 11359 H&S - Growing or Possessing to Sell
Every person who plants, cultivates, harvests, dries, or processes any marijuana, or possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison (felony).
11364 H&S - Opium Pipes: instruments for injecting or smoking controlled substances (Misdemeanor)
It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.
11365 H&S - Presence in room or place where designated controlled substances are being smoked or used: aiding or abetting (Misdemeanor)
It is unlawful to visit or to be in any room or place where any controlled substances are being unlawfully smoked or used with knowledge that such activity is occurring