Alcohol and Drug Policies

Alcohol and Drug Policy

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and others, zero tolerance for disruptive behavior resulting from alcohol and other drug abuse, and compliance with the law. The policy is meant to encourage responsibility of individuals to themselves and each other, to establish procedures and guidelines consistent with local, state, and federal law, and to hold individuals and groups accountable for actions that are in violation of the policy. 

The College expects each student as well as all faculty and employees to obey federal, state and local laws concerning alcoholic beverages. Students, faculty and staff who are legally privileged to use alcohol are expected to do so in a way that does not bring discredit upon themselves or the College or interfere with the rights, freedoms, or safety of others. The College further stresses that any student who illegally uses alcoholic beverages is subject to the jurisdiction of the civil authorities as well as College disciplinary procedures. The College defines its relationship with students in this area as non-custodial and stresses that there is no “special relationship” created by their status as students as it pertains to the law. The College will take no responsibility for any actions taken by students, faculty or staff who have been drinking, whether on or off campus.

General

●   All faculty, staff and students are expected to abide by local, state, and federal laws pertaining to the manufacture, distribution, possession, or use of alcohol, including providing alcohol to a Franklin & Marshall student or other individual under age 21.

●   All College-owned and College approved housing is subject to all the policies contained in the College Life Manual, including this Alcohol Policy.

●   College-sponsored (departments and/or recognized student organizations) events with alcohol present must be approved by College administration in advance of the event (a minimum of 10 day advance notice though some events may require more advance notice.)

Students

General

Students and their guests who are 21 or older may consume alcoholic beverages in their rooms responsibly. However, excessive volumes of alcohol are prohibited in College-owned or College-approved residential facilities in which students reside, and at activities in College-owned residential facilities and on campus grounds that have not been registered with and approved in advance by College officials. Students must also adhere to all housing and lease regulations related to social gatherings –i.e. occupancy limits and keg bans.

●   All social events sponsored by a recognized student organization at which alcohol may be consumed must be registered with and approved in advance by the appropriate College official.

●   Individuals may not carry alcoholic beverages in an open container on campus property except at registered College functions at which approval has expressly been granted for such behavior.

●   Open containers of alcohol are prohibited on City streets.

●   In accordance with state law, College employees (including House Advisers) may not serve alcohol to minors or purchase alcohol for consumption by minors.

●   College monies may not be used for purchasing alcoholic beverages for underage students, and alcoholic beverages may not be sold on campus or by any student group.

●   The College very strongly discourages students from taking part in drinking games and prohibits the consumption of grain alcohol since both activities have led to alcohol abuse and critical medical situations for our students in the past.

●       The Family Educational Rights and Privacy Act (FERPA) permits a college to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.

Event Registration and Protocols

●   Student events involving alcohol and sponsored by a student organization must be approved in advance by the Vice President of Student Affairs and Vice President for Finance and Administration. The following protocols must be adhered to:

1. All student events involving alcohol that are sponsored by a student organization must either contract with a third party vendor or follow B.Y.O.B. guidelines (see below.)

2. Events must be registered through the Office of Student Engagement & Leadership (student organizations) or the Office of Fraternity and Sorority Life (Greek organizations.)

3. Alcohol permitted at events is limited to wine, beer and fermented beverages (cider).

4. Event hosts must provide sufficient food and non-alcoholic beverages (in addition to water) in proportion to the number of people in attendance throughout the function.

5. All events must have an FPS advisor or third party security in attendance for the entirety of the event to check id’s and monitor the function. Students must use F&M ID (checked with birthday list) and non F&M guests must show a valid state license. 

Guidelines for B.Y.O.B. events

●   A College-approved bartender (T.I.P.S. or licensed) and security (FPS advisor or third-party) must be in attendance for the entirety of the event.

●   Event security/FPS adviser will be responsible for checking Id’s and wrist-band protocol. Wrist-band boxes will be available for pick up from the Department of Public Safety.

●   B.Y.O.B. events also adhere to all of the above general event registration and protocols.

Greek Houses

●   Greek Housing is “Approved College Housing” and is subject to all the policies contained in the Student Code of Conduct, including this Alcohol Policy.

●   Individual chapters must follow their own national policies.

●   The College retains the right to approve all socials for the chapters allowed by their national policy to host socials.

●   All socials approved by the College will adhere to the BYOB guidelines provided in the North American Interfraternity Conference publication, Making Bring Your Own Beverage Events Happen. This resource guide contains suggestions for safe and practical implementation of BYOB events. The Making Bring Your Own Beverage Events Happen can be obtained from the NIC (http://www.nicindy.org/byob-hosting-safe-social-events/).

●   The College also supports the efforts of the Fraternal Information and Programming Group (FIPG). The mission of FIPG is: “To promote sound risk management policies and practices and to be the leading resource of risk management education, programming and information to the broad based constituency involved in all aspects of Greek life.” (https://websites.omegafi.com/omegaws/fipg/) 

Pennsylvania Law

1. All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania Liquor and Penal Code.

2. It is illegal for anyone who has not reached the age of 21 to possess, transport, or drink alcoholic beverages in Pennsylvania.

3. The law also prohibits the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or any person. ‘Furnish’ is defined as: “To supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged” (Pennsylvania Crimes Code, 1986).

4. In addition, it is unlawful to misrepresent one’s age to any person to obtain alcoholic beverages or to represent to any person that a minor is of age.

5. Further, it is unlawful to transport liquor that was not purchased, obtained, or possessed according to Pennsylvania law.

6. It is illegal to possess, manufacture, or sell a false ID card whether or not the card is used to obtain alcoholic beverages. It is also illegal to attempt to obtain alcoholic beverages by using another person’s ID card.

7. The law has been interpreted to mean that no person under 21 years of age may pay assessments that will be used in whole or part for the purchase of alcoholic beverages.

8. Finally, it is against the law to charge admission to an event at which alcohol is being served (or to sell alcoholic beverages) without a liquor license. The College does not have a liquor license.

All students should be aware of the following sections of the 1986 revision of the Pennsylvania Crimes Code, Title 18, Act 31: Liquor Law Violations and Penalties.

Section 6307 Misrepresentation of Age: A person, being under the age of 21, knowingly and falsely represents himself to be 21 years of age or older...for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.... FIRST OFFENSE: Summary violation, $300 fine and suspension of driver’s license for 90 days. SUBSEQUENT OFFENSE (S): Misdemeanor III, $500 fine, suspension of license for 1–2 years. MANDATORY SENTENCING.

Section 6308 Possession and Transportation: A person...less than 21 years of age, attempts to purchase, purchases, consumes or possesses, or knowingly and intentionally transports liquor.... Parents notified of arrest. FIRST OFFENSE: $300 fine, suspension of license for 90 days. SUBSEQUENT OFFENSE (S): $500, suspension of license for 1– 2 years.

Section 6309 Representing that Minor is of Age (i.e. a person other that yourself): ...guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person any minor to be of full age, for the purpose of inducing...to sell, furnish any liquor...to the minor. PENALTY: $300–2,500 fine, one-year imprisonment or both. MANDATORY SENTENCING.

Section 6310 Inducement of Minors to Buy Liquor: ...misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase liquor...from a...licensed dealer for any purpose. PENALTY: as in section 6309 above. MANDATORY SENTENCING.

Section 6310.1 Selling or Furnishing to Minors: A person...intentionally and knowingly sells or...furnishes, or purchases with the intent to sell or furnish, any liquor... to a person...(under the age of 21). FIRST OFFENSE: Misdemeanor III, $1000–2,500 fine, one-year imprisonment, or both. Subsequent: $2,400–5,000 fine, one-year imprisonment. MANDATORY imprisonment. MANDATORY SENTENCING.

Common Outcomes for Alcohol Violations

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and for others. The College is committed to the implementation of a program to prevent unlawful possession, use, or distribution of illicit drugs and alcohol by its students, on or off premises or as part of any of its activities.

The administrator or panel that reviews a case has the discretion to determine the enforcement of this policy and its outcomes. In determining final outcomes, the administrator or panel will consider the common outcomes in addition to other potential violations or circumstances related to the incident. See Alcohol Violations Common Outcomes for more details about possible outcomes. 

Common Outcomes for Drug Violations

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and for others. The College is committed to the implementation of a program to prevent unlawful possession, use, or distribution of illicit drugs and alcohol by its students, on or off premises or as part of any of its activities.

The administrator or panel that reviews a case has the discretion to determine the enforcement of this policy and its outcomes. In determining final outcomes, the administrator or panel will consider the common outcomes in addition to other potential violations or circumstances related to the incident. See Other Drug Violations Common Outcomes for more details about possible outcomes. 

Common Outcomes for Hosting/Party Violations

See Party Violations Common Outcomes for more details.