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Office of Student
Conduct (724) 357-1264
Rationale
IUP
seeks to encourage and sustain an academic
environment that both respects individual choice
and promotes the health, safety, and welfare of
all members of the university community. Accordingly, the university offers these
statements for guidance and the policies, which
follow as regulation of alcoholic beverages,
consistent with the statutes and laws of the
Commonwealth of Pennsylvania.
In
support of its mission, the university sponsors
educational programs on the physical,
psychological, social, and behavioral effects of
alcohol consumption. It provides substance-free activities to
promote social interaction, and it provides
services and resources for community members who
experience difficulty in dealing with personal or
family alcohol-related issues. IUP's alcohol policy and programs are
intended to encourage community members to make
responsible low-risk decisions about the use of
alcoholic beverages and to promote a safe, lawful,
and healthy environment for social interaction.
While
acknowledging that alcohol may play a role in some
social settings, the university expects all
members of the community to recognize the
potential for alcohol-related problems whenever it
is consumed. Such problems are absolutely inimical to
the mission of the university. Alcohol consumption will not be considered
an excuse for misconduct but rather as an
aggravating factor to the misconduct in question.
The university expects that members
of the campus community who choose to consume or
serve alcoholic beverages will abide by state law
and will do so in a low risk manner and as a
result of making an informed decision. This
decision should be based upon consideration of the
consequences to self, to others, and to the
community at large and with full awareness and
understanding of individual and group
accountability, behavioral consequences, relevant
policies, regulations, and laws. Since IUP
students live among the permanent residents of the
Indiana community, the university also expects
alcohol-related behavior to be in accordance with
local community standards. Such standards are not
tolerant of gatherings which are either boisterous
or in violation of Pennsylvania alcohol laws, as
may occur in concentrated residential environments
characterized by student housing. The university
reserves the right to initiate disciplinary
proceedings when students violate alcohol laws
either on or off campus.
The
preceding statements exist for the guidance of all
university community members. The regulations, which follow, are intended
to govern the use of alcoholic beverages on
property owned, operated, or supervised by the
university or Student Cooperative Association.
Policy
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Alcoholic
beverages are not permitted on university or
Student Cooperative Association grounds or in
buildings including residence halls, except as
provided below:
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Alcoholic
beverages may be possessed and served at
university functions provided that written
permission is granted by the appropriate vice
president or his or her designee prior to the
event. When
alcoholic beverages are served, the event host is
responsible for supervision of the event and for
ensuring that state law is followed.
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University Towers: Residents who are of legal
age may consume alcohol in the privacy of their
apartments. Parties
which involve kegs or similarly large amounts of
alcohol are prohibited. Behavior resulting from the use of alcohol
or a party situation which is disruptive to an
individual or the community may result in judicial
action. Alcohol
is not permitted in public areas.
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University
or Student Cooperative Association professional
staff members whose permanent place of residence
is on campus may possess and consume alcoholic
beverages in their residence.
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Non
university guests who rent or schedule university
facilities following the university scheduling
policy may serve alcoholic beverages, providing
that approval is granted by the vice president for
Student Affairs and that all applicable laws,
ordinances, and university policy are followed.
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Alcoholic
beverages are prohibited on all Student
Cooperative Association properties except the
University Lodge. To serve alcohol at the University Lodge,
all participants must be of legal age and the
sponsor must show proof of Host Liquor Liability
Insurance of at least $500,000 with IUP, the
Student Cooperative Association, and the College
Student Union Association named as additional
insurers. Alcohol
permission forms are available from the director
of the Hadley Union Building and Campus
Recreation.
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Alcoholic
beverages are not permitted within gymnasiums or
fields at athletic events.
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State
funds may not be used to purchase alcoholic
beverages.
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On-campus
publicity for any campus or off-campus event
sponsored by recognized organizations or members
of the IUP community may not include the
advertising of the availability of alcohol at
those events and may not use the availability of
alcohol as an incentive to attend those events.
Unless an event is specifically advertised
as nonalcoholic, the use of illustrations or
terminology which imply the use of alcohol in this
community is prohibited.
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The
university reserves the right to make further
regulations regarding the possession and
consumption of alcoholic beverages on campus as
necessary.
Criminal Penalties
The following represents a summary of relevant
articles from the Pennsylvania Crimes code and
Indiana Borough ordinances. Statutes for
alcohol violation come from the Pennsylvania
Crimes Code Title 18, Pennsylvania Liquor Code
Title 47 and Indiana Borough ordinances.
1.
A person, under
the age of 21, commits a summary offense if he/she
attempts to purchase, purchases, consumes, possesses
or knowingly and intentionally transports any liquor
or malt or brewed beverages. Maximum fine $300 plus
court costs and mandatory loss of your drivers
license for 90 days for a first offense, one year
for a second offense and two years subsequent
offenses. The police department making an arrest
for 6308 are obligated to notify the parents or
guardians of the minor charged (Pa C.S.A. 6308).
2. A
person is guilty of a summary offense for a first
violation and a misdemeanor of the third degree for
any subsequent violations if he/she is under the age
of 21 and knowingly and falsely represents
him/herself to be 21 years of age or older, for the
purpose of obtaining any liquor or malt or brewed
beverages. Maximum fine is $500 plus court costs
and loss of driver’s license (Pa C.S.A. 6307).
3. A
person is guilty of a misdemeanor of the third
degree if he/she knowingly, willfully, and falsely
represents to any licensed dealer, or other person,
that a minor is of legal age for the purpose of
inducing a person to sell or furnish any liquor,
malt or brewed beverages. The minimum penalty is a
fine of not less than $300 (Pa C.S.A. 6309).
4. A
person commits a misdemeanor of the third degree if
he/she intentionally and knowingly sells or
intentionally and knowingly furnishes, or purchases
with the intent to sell or furnish, any liquor or
malt or brewed beverages to a person who is less
than 21 years or age. Minimum penalty for violating
this subsection is a fine not less than $1000 for
the first violation and a fine of $2500 for each
subsequent violation plus court costs (Pa C.S.A.
6310.1A).
5. A
person commits a misdemeanor of the second degree if
he/she intentionally, knowingly or recklessly
manufactures, makes, alters, sells or attempts to
sell an identification card falsely representing the
identity, birth date or age of another. Minimum
penalty is a fine of not less than $1000 for the
first violation and a fine of not less than $2500
for each subsequent violation (Pa C.S.A. 6310.2).
6. A
person commits a summary offense for a first
violation and a misdemeanor of the third degree for
any subsequent violation if he/she, is under 21
years of age and possesses an identification card
that falsely identifies the person as being 21. It
is also a violation to use the identification card
of another individual. Minimum penalty is a fine
not more than $500 plus court costs (Pa C.S.A.
6310.3).
7. It
is unlawful for any person who is an operator or any
occupant in a motor vehicle to be in possession of
an open alcoholic beverage container or to consume
any alcoholic beverages or controlled substances.
This is a summary offense with a maximum penalty of
$300 (Pa C.S.A. 7513).
8. A
person is guilty of a summary offense if he/she
appears in any public place under the influence of
alcohol or a controlled substance. Penalty is a
maximum fine of $300 plus court costs (Pa C.S.A.
5505).
9. A
minor (under 21 years of age) shall not drive,
operate or be in physical control of a motor vehicle
while having alcohol in his/her system. This is a
summary offense with a fine of $100 (Pa C.S.A.
3718).
10. A
person shall not drive, operate or be in physical
control of the movement of a vehicle while under the
influence of alcohol or a controlled substance to a
degree that renders the person incapable of safe
driving. For an individual who is 21 years of age
or older, the Blood Alcohol Content is .08, for a
minor under 21, the Blood Alcohol Content is .02.
It is a misdemeanor of the second degree for a first
offense.
Pennsylvania Liquor Code Title 47
Sales of alcoholic beverages without
a Liquor Control Board license or the purchase of
such beverages from an unlicensed source of liquor
or malt or brewed beverages are prohibited. Maximum
penalty is $300 fine, 90 days in jail plus $200 per
ounce of alcohol sold. (Approximately $4000 for
each keg used illegally).
Indiana Borough Ordinance #1376
It is unlawful to possess an open
container of al alcoholic beverage while in or upon
public streets, alleys, parks or other public
grounds. Fine is a maximum amount of $100 plus
court costs.
Alcohol
Liability in Pennsylvania
In
December, 1986, the United States Court of Appeals
for the Third Circuit, in a case titled Fasset vs.
Delta Kappa Epsilon (New York), the Villanova
chapter of Delta Kappa Epsilon, et. al., reviewed
the law of Pennsylvania concerning the liability
of a social host who serves alcohol. The court held that particular defendants
could be held liable if they had an intention to
promote or facilitate the consumption of alcohol
by a minor or attempted to aid in the consumption
of alcohol by minors. Consequently, the court held that the
president of the fraternity that sponsored the
party (because he helped organize the party), the
treasurer of the fraternity who signed a check for
the purchase of the alcohol, and three other
individuals who allowed their apartment to be used
for the party where minors were served
intoxicating beverages could all be held liable
for injuries to the intoxicated minor and any
third parties injured by the minor.
Thus,
individuals in Pennsylvania who furnish alcoholic
beverages to minors not only commit a violation of
law, but they also render themselves potentially
liable for any injuries the minor might sustain
and for any injuries that third parties might
sustain due to an act of an intoxicated minor.
Individuals potentially liable for such
damages include not only those who physically
furnish the alcohol to the minor but any persons
who aid and assist in the furnishing of the
alcohol through its purchase or through
organizing, hosting, or supporting the event at
which the alcohol is made available.
Resources
Members
of the university community who experience
alcohol-related problems or who are concerned
about another who may be having such difficulties
are encouraged to seek assistance from any of the
following agencies:
On
campus:
Health
Awareness
Center for Health and Well-Being
Suites of Maple East,
Suite G-59
724-357-4799
Counseling Center
Suites on Maple East,
Suite G-31
724-357-2621
Off-campus:
Open
Door
334
Philadelphia Street
Indiana,
PA 15701, 724-465-2605
Armstrong/Indiana
Drug and Alcohol Commission Inc.
RR2,
Box 67, Rte.
Shelocta,
PA 15774, 724-354-2746
A.A.
(Alcoholics Anonymous) Al-Anon and/or Alateen
(Answering
Machine - call and leave message)
724-349-4061
Approved
by the Student Affairs Senate Affairs Committee
on April 14, 1992.
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