POLICY It is the policy of Texas State Technical College to (1) maintain the order and discipline of the teaching, studying, socializing, and living environments, (2) Protect the health, safety, and welfare of students, faculty, and staff in fulfillment of the residential and educational role and purpose of the Institution, (3) delineate the conditions which allow the possession and use of alcohol, and (4) prohibit the possession, use, distribution, or sale of prohibited substances. PERTINENT INFORMATION Definition: Prohibited Substances - Those substances prohibited under Texas Statutes, Health and Safety Code, Title 6, Subtitle C - Substance Abuse Regulation and Crimes. Prohibited substances include controlled substances, simulated controlled substances, dangerous drugs, volatile chemicals, and abusable glues and aerosol paints. While there is significant amount of case law regarding the possession and use of alcohol and prohibited substances in higher education institutions which may be cited here, it is more important to recognize the sources for regulations and the Institutions’s rationale for regulation. First, Texas State Technical college is a higher education unit serving the entire state as well as foreign and out-of-state students. As such, its residential role results in a substantial portion of the enrollment residing on the campus throughout the year. The demand for services which supports a healthy student life and student residence program is obvious. Secondly, as citizens and as residents, students at TSTC become subject to local, state, and federal laws governing alcohol/drug possession and use. The third factor is the recognition of the educational role of the Institution and a declared educational objective by each student. Therefore, the environment of TSTC is one of residential men and women seeking an educational objective on a full time basis until their educational objective is met. TSTC must foster a healthy living environment, maintain the order and discipline for teaching and studying and provide a balance of student life services and activities in which students may grow and learn as citizens. DELEGATION OF AUTHORITY The President has the authority to approve the sale and public possession and use of alcoholic beverages for a specified time and event according to procedures in the System Operating Standard. OPERATING REQUIREMENTS Each college shall: - A. Conform to State and Federal Law by:
- 1. Inclusion in contracts with any licensee a statement prohibiting the sale of alcoholic beverages to any person under legal age and prohibition of sales to any person appearing to be intoxicated.
- 2. Designation of the possession or consumption of alcoholic beverages in class, an on-campus motor vehicle, a College facility or property as a violation of the College’s rules, except where expressly permitted.
- 3. Affirmation of the College’s willingness to cooperate in criminal investigations.
- 4. Affirmation of College’s position that at no time will alcoholic beverages be served to person under the legal drinking age.
- B. Expressly prohibit the possession, sale, or use of all prohibited substances on any property of TSTC and at any event sponsored by TSTC including student organizations.
- C. Support Alcohol/Drug Awareness and Training for students and key staff who interact with students.
- D. Consider the sale or consumption of alcohol at any student organization or social event on or off campus a violation of College rules, except where expressly permitted.
- E. Declare an exception to prohibited public possession and use of alcoholic beverages for a specified time and event when it is in the best interest of all concerned to do so. Such times include those in which the College is hosting an event attended by the public, all relevant laws and local ordinances are met, and proper security measures have been taken.
- F. Permit or restrict the sale of alcoholic beverages by second parties doing business with TSTC as specified by term of contract.
- G. Restrict patrons of athletic events sponsored by the College from bringing or using alcohol or prohibited substances at any and all events.
- H. Refer to professional services any student who experiences academic problems, has repeated disciplinary infractions or who experiences other health problems which are considered to be related to alcohol or prohibited substance abuse.
- I. Not designate or expend any portion of student fees for the purchase of alcoholic beverages.
- J. Each college shall determine and publish notice of whether alcoholic beverages may be consumed in private on-campus domiciles by students of legal age. If student alcoholic beverage consumption is permitted in private, on-campus domiciles, transportation of alcoholic beverages from the point of purchase to the student’s private domicile is an implied permission.
- K. Provide students due process for reported infractions of College rules and subject students to disciplinary sanctions, including either suspension or expulsion from the College for violations.
- L. Publish all appropriate rules and regulations in student handbooks, include appropriate statements in contract, and post all appropriate notices of regulations in public areas.
COLLEGE HOUSING: - 1. The possession and consumption of alcoholic beverages in College Housing will be permitted in the assigned dormitory room of a student who is twenty-one (21) years of age or older under the following conditions:
- a. Possession and consumption of alcoholic beverages must be limited to the student(s) assigned to the dormitory room and invited guests, all of whom must be twenty-one (21) years of age or older. Beer kegs, cases of beer, or other alcoholic beverages, or similar bulk alcoholic beverages of any type are prohibited in the dormitory room and are subject to confiscation.
- b. The adult student assigned to the dormitory room must be present and shall be responsible for assuring that person(s) consuming alcoholic beverages are twenty-one (21) years of age or older, that no one becomes intoxicated, and that sounds made by persons present or by any device, equipment, or instrument that generates sound do not disturb other persons in any dormitory room(s).
- c. Incidents where abusive or disruptive behavior is encountered and alcoholic beverages are present will be treated in the following manner:
It will be assumed that the alcohol is contributing to the disorderly behavior and all alcoholic beverages will be immediately confiscated by the College staff to be returned at some future date if the student is in compliance with state law, but to be legally destroyed if the student is under the age of twenty-one (21). Refusal to comply with a request to hand over alcoholic beverages under these conditions is a violation of College policy. The individual(s) hosting the disruptive or disorderly gathering in a room will be held responsible for the event and will be subject to appropriate disciplinary action. - a. Open containers of alcohol are not permitted in public areas. Public areas are defined as those areas outside the confines of a dormitory room.
- b. The quantity of alcohol that may be brought into a room of a legal aged resident is a quantity that would contribute to responsible personal use. Beer kegs, party balls, or a quantity of individual containers that would be equivalent to a bulk container promotes excessive alcohol consumption that can lead to a community disruption and is, therefore, not permitted. Guests of residents may not bring alcohol into the dormitory room regardless of the age of the guest of the hosting resident.
ALCOHOL VIOLATIONS: The misuse (under-age drinking, drinking in unauthorized areas, etc.) and the abuse of alcohol (drinking to an extent such that one’s behavior and judgement are impaired or result in disruption of others) are the primary contributing factors to the behavioral problems in the residence halls. The effects of alcohol misuse and abuse include, but is not limited to, excessive noise, interpersonal conflict, and vandalism. The individual who misuses or abuses alcohol not only negatively affects the community but also endangers the individual resident. This policy is designed to, first assist the resident who, through the misuse or abuse of alcohol, is violating the community standards, and second to protect the community from the effect of a resident who continues to misuse or abuse alcohol. Upon initial* alcohol related violation of the housing community standards, the resident will be given a written warning and will be required to attend the Alcohol Awareness Class. This two-hour workshop is designed to assist the resident understand their alcohol use behavior and make decisions regarding more appropriate behavior. Upon a second* alcohol related violation of the housing community standards, the resident will be referred to the Vice President for Student Development. Should the resident be found in violation of a housing community standard the resident will be placed on probation. Conditions may also be attached to the probation which may include curfew, no visitors, no alcohol, etc. Should the prior efforts fail, and another* alcohol related violation of the housing community standards occur, the resident will be considered to have no control over their behavior. Upon a third* alcohol related violation of the housing community standards, the resident will be evicted from College Housing. *While this policy is structured in a step-by-step sequence to provide the resident with an opportunity to learn from their choices and to accept responsibility for those choices, the College Housing staff retains the right to respond to the resident at whatever level and in whatever manner is appropriate given the context of the situation. |
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