The unauthorized possession, use, or distribution of alcoholic beverages on or in College property is a violation of the Student Conduct Code. College policy consistent with state laws, confines on-campus use of alcoholic beverages by persons of legal age (21 years and older in New York state) to specified areas. This code also prohibits misrepresentation of age to obtain alcoholic beverages.
The College enforces all state laws or regulations that regulate and control the sale or use of alcohol as follows:
Alcoholic Beverage Control Law
Section 65: Prohibited Sales
Section 65. Prohibited Sales. No person shall sell, deliver, give away, or cause or permit to procure to be sold, delivered, or given away any alcoholic beverage to:
- Any person, actually or apparently, under the age of 21;
- Any visibly intoxicated person or to any person, actually or apparently, under the influence of alcohol;
- Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.
A: Procuring alcohol for a person under 21
Section 65A. Procuring alcoholic beverages for a person under the age of 21.
Any person who misinterprets the age of a person under 21 for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than $200, or by imprisonment for not more than five (5) days, or both such fine and imprisonment.
B: Person under 21 purchasing alcohol through fraudulent means
Section 65B. Offense for one under the age of 21 to purchase or attempt to purchase an alcoholic beverage through fraudulent means.
No person under the age of 21 who presents or offers to any license under the alcoholic beverage control law, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent, or not actually his/her own for the purpose purchasing or attempting to purchase any alcoholic beverage. Section 11-100 of the General Obligation Law Compensation for injury and damage cause by the intoxication of a person under the age of 21.
Any person who shall be injured in person, property, means of support, or otherwise by the reason of the intoxication or impairment of ability of any person under the age of 21, whether resulting in his or her death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such a person was under the age of 21.
These sanctions of the state laws make it illegal for persons under the age of 21 to acquire alcoholic beverages.
There are also state and local regulations concerning open beverage containers in public areas. Open containers of alcoholic beverages are not permitted in motor vehicles. Area parks have special ordinances that prohibit open containers on roadways and in parking lots. Amounts of beverages allowed in parks are limited. If you are planning an event for one of the parks, be sure to check with the appropriate agency (city or county parks department) before assuming that you may have alcoholic beverages at the event.
Open containers of alcoholic beverages are not permitted in or around public schools. Additionally, state and county enforcement of the law related to driving while intoxicated (DWI) is among the most stringent in the nation. First-time offenders can expect to be prosecuted fully as misdemeanor criminals with all the attendant fines, penalties, and civil ramifications.
In compliance with this law, Nazareth College recognizes the freedom of choice of each community member—student, faculty, and staff—to exercise personal responsibility with respect to making informed decisions regarding the use or non-use of alcoholic beverages. With this in mind, the following campus regulations shall apply in relation to the law.
- Possession and consumption of alcoholic beverages is prohibited on campus grounds and in buildings, except in a residence hall room by persons of legal age (21 years and older in New York state) under the conditions described below and where otherwise noted below. Consumption of alcohol may be inferred based upon the number, location, and condition of empty or partially empty cans and bottles.
- The sale and/or distribution (including the giving away) of alcoholic beverages to persons under age 21 on the Nazareth College campus is prohibited.
- It is a violation of Nazareth College policy for any persons under age 21 to procure or possess alcoholic beverages. Possession of alcohol may be inferred based upon the number, location, and condition of empty or partially empty cans or bottles.
- Procedures for obtaining college approval to use campus facilities for events where alcoholic beverages will be served are available at the Information Desk, Shults Center, and the office of Chartwells Dining Services.
- Alcoholic beverages in serving containers greater than 32 ounces (e.g. beer kegs and beer balls) are prohibited except at Chartwells catered events and at the discretion of the vice president for student development.
- The College recognizes Chartwells as the sole possessor of a catering/liquor license. Therefore, the public selling and/or dispensing of alcoholic beverages anywhere on campus is restricted to Chartwells personnel only.
- Open containers of alcoholic beverages are prohibited from all corridors, lounges, stairwells, lobbies, parking lots, grounds, and any public areas of the campus unless College approval was previously attained.
- Student fees collected by the College and/or student organization and distributed through the Undergraduate Association will not be used for the purchase of alcoholic beverages.
- Trafficking, manufacturing, distributing (including giving away), or possessing with the intent to distribute any illegal drug, narcotic, or controlled substance, including prescription medications, is prohibited.
- Non-alcoholic beverages and food items must be made equally available at any program or event where alcoholic beverages are sold, distributed, or consumed.
- During all College- or student-sponsored events on campus, alcoholic beverages, where permitted, will be served only in an enclosed environment designated for each occasion.
- Campus events which involve only persons 21 years of age and older are catered by Chartwells personnel and need prior approval from the vice president for student development of his designee.
- Persons under the legal drinking age may not distribute (including giving away), sell, possess, consume, or be in the presence of alcohol without being sanctioned under the circumstances described in paragraph 15(a). Being in the presence of alcohol may be implied based on the number, location, and condition of empty or partially empty cans and bottles.
- Persons of legal drinking age (21 or older) may consume alcohol where all residents and guests are 21 or older. All other policies of the College must be followed. **See suggestions below regarding housing parties when you are 21 or older.
- Persons of legal drinking age (21 or older) may not consume or be in the presence of alcohol with persons under the legal drinking age except as follows:
a. In residence hall rooms where both of age and underage students reside, of-age students may consume alcohol in the presence of their underage roommate(s) provided they are the only persons present in the room. If the underage person is in the presence of alcohol in this situation, the underage student will not be sanctioned for being in the presence of alcohol nor will the of age student(s) be presumed to be providing alcohol to underage student. All other policies of the College must be followed and, therefore, the underage roommates may not consume alcohol. Should it be determined the underage roommates consumed alcohol, both the underage students and the of-age students will be in violation of this policy.
b. If a student 21 or older consumes alcohol in his or her room in the presence of any underage students other than his or her underage roommate(s), it will be presumed that the of-age student provided alcohol to all the underage students in the room, other than the roommate(s), unless an investigation by either residential life or campus safety shows otherwise.
In other words, the investigation must determine that the alcohol was NOT provided in order to avoid a violation related to the providing of alcohol. In this situation, the underage students, other than the underage roommate(s), will be in violation of this policy by being in the presence of alcohol even if information is gathered during the investigation that they did not consume alcohol. If, during the investigation, information indicates that the underage roommate(s) (as opposed to the underage guests) consumed alcohol, the underage roommate(s) will also be in violation of this policy.
- Any person under the age of 21 is prohibited from presenting or offering any licensee under the alcohol beverage control law, or to be the agent or employee of such licensee, any written evidence of age which is false, fraudulent, or not actually his/her own, for purpose of gaining admission to an event where alcohol is being served or purchasing or attempting to purchase any alcoholic beverage.
- Possession, use, distribution, buying, selling, or manufacturing of controlled substances except as expressly permitted by law, is prohibited.
- Alcohol or drugs, and alcohol and drug paraphernalia (including but not limited to to funnels, "beer pong" tables, bongs, "bar set ups," etc.) found in the possession of students or their guest(s) will be confiscated and the students involved and/or present will be cited for a violation of this policy.
- Engaging in any type of "drinking games" is prohibited and is a violation of the alcohol policy no matter how old the student(s) involved.
- An incident in which a student, regardless of age, is transported to the hospital or when medical professionals are called to campus to evaluate the student for an alcohol or drug related condition (i.e. intoxication, alcohol poisoning) will be treated as a violation of the Student Conduct Code.
- Nazareth College members—faculty, staff, and students—who are found in violation of New York state law and/or campus policy pertaining to the sale, distribution, possession, or consumption of alcoholic beverages or drugs will be subject to possible parental notification, disciplinary action, and/or criminal prosecution. Please be aware that under this policy, "distribution" always includes giving away.
The alcohol policy relates to residential and non-residential student conduct and applies to on- and off-campus behavior.
- Three students reside in one room and are present in the room—two students are 21 and one student is 20. The 21 year old students are consuming alcohol with the 20 year old roommate in the room. The 20 year old is not consuming alcohol.
- Violation? None of these students are in violation of the policy.
- Violation? The 20 year old student is in violation for consuming the alcohol. The 21 year old students will be presumed to have provided the alcohol to the roommate in violation of the policy unless an investigation shows that they did not.
- Violation? The 20 year old student is in violation for being in the presence of alcohol. The four 21 year old students will be presumed to have provided the alcohol in violation of the policy unless an investigation shows that they did not.
- Violation? The 20 year old is in violation for consuming alcohol. The 21 year old residents will be presumed to have provided the alcohol in violation of the policy unless an investigation shows that they did not.
- Violation? The 20 year old roommate is not in violation. The 20 year old guests are in violation for being in the presence of alcohol. The 21 year old students will be presumed to have provided alcohol to the 20 year old guests in violation of the policy unless the investigation shows that they did not provide alcohol.
- Violation? The 20 year old roommate and the 20 year old guests are in violation for consuming alcohol. The 21 year old students will be presumed to have provided alcohol to all of the 20 year olds, including the roommate, in violation of the policy unless the investigation shows that they did not provide alcohol.
Good Samaritan Policy
Abuse of alcohol and other drugs can create life-threatening situations that require immediate response from emergency services personnel. In all instances, the College is concerned that those in need receive prompt medical attention. The College cannot guarantee absolute immunity from sanctions associated with violations of the Student Conduct Code or state and federal laws. However, efforts will be made to mitigate sanctions associated with the alcohol and other drug offenses for "Good Samaritans." These considerations apply only to the individual(s) who may have contributed or participated in the use and abuse of alcohol or other drugs, but who summon aid.
Guidelines for Gatherings
Sometimes students of legal drinking age (21 years of age or older) want to have responsible gatherings where alcohol is consumed, but are often faced with the dilemma of having underage students appear at their door to attend closed parties. If you are hosting a gathering:
- Consider the risks of hosting a party. Do the risks outweigh the fun of hosting?
- Keep doors locked and only permit guests they have invited to their party in the room.
- ID EVERYONE who attends. Even friends you might think are 21 or older may not be.
- Monitor what everyone is drinking.
- If someone comes into your room who you do not know, and s/he is not 21, you should have him/her leave immediately.
- If students who are uninvited and under 21 do not leave, call campus safety and they will come to the apartment/residence and escort that person(s) away.
- There is no B.Y.O.B. (Bring Your Own Beverage) policy at Nazareth College. If someone is drinking in your room, regardless of whether you provided it or not, you are responsible for them.
- Serving alcoholic punch is NEVER a good idea. The amount of alcohol and types of alcohol included often give other students misperceptions of how much alcohol they are consuming. Single-serving containers are preferred.