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Colby's Alcohol/Illegal Drug Policy

The following is taken directly from the 2003 - 2004 Student Handbook.

Alcohol
The use, possession, and sale of alcohol on campus and at College functions must comply with state and local laws and ordinances and Colby¹s Alcohol Policy. Violations of the laws and policies will result in disciplinary action up to and including suspension, termination of employment, and referral for prosecution.

Illegal Drugs
The possession, use, manufacture, cultivation, sale or distribution of illegal drugs is prohibited at any time on College property and as part of any Colby activities. "Illegal drugs" does not mean the use of drugs under a valid prescription. Employees and students found to use, possess, manufacture, or distribute illegal drugs are liable to Colby disciplinary action up to and including suspension, termination of employment, and referral for prosecution.

Colby College Alcohol Policy

Students are adults and are thus expected to obey the law and to take personal responsibility for their conduct. Colby does not police students¹ personal lives on or off the campus, but disciplinary action will result if a student¹s use of alcohol creates disorder, public disturbances, danger to themselves and others, or property damage. Similarly, hosts of parties or sponsoring organizations may be held accountable for violations by the College and by civil authorities under Maine law. Following is a partial list of pertinent Maine laws (items 1-7) and College regulations relevant to the use of alcohol.

1. Persons must be at least 21 years old to purchase, possess, or consume alcoholic beverages legally in the State of Maine (MRSA 28; 2, 11, 28; 303.).

The law is quite explicit on this point. The only exception granted under law is when an under age person is under the supervision of his/her parent(s) in their own home. Colby would not be considered "home" to any persons except faculty residents. Underage students in possession of alcohol will automatically receive a $50. fine and possible disciplinary action.

2. Persons must not present false identification, either written or oral, in order to obtain alcoholic beverages (MRSA 28; 303.).
3. Persons of legal drinking age must not provide alcoholic beverages to underage individuals (MRSA 28; 1058.).
4. Unlicensed sale of alcohol on campus in any form is illegal and expressly forbidden (MRSA 28; 2/15.).

Only establishments with State of Maine liquor licenses may sell alcohol. (This law makes it very difficult for organizations on campus to finance events that include alcohol.) The law does not allow the sale of tickets for alcohol, "mandatory donations," or the raffle of alcohol. Donations may be accepted after invitations are sent, but the person invited cannot be intimidated in any way to pay a donation. Tickets to a dance can be sold, but the area where the alcohol is being served must be open to non-ticket holders. The profit from an event, such as a dance, cannot be used to pay for the alcohol. A person can be barred from an event for not having an invitation as long as the invitation does not cost money. Unlawfully accepting monies at the door will result in a $50. fine and possible disciplinary action.

5. The consumption of alcoholic beverages is permitted out of doors only with special permission arranged through the Department of Security (MRSA 17; 2002 A.).

According to a law established during the summer of 1981, it is illegal to consume alcohol in public places. "Public" in our case is determined by public access and not public property. All outside property and public buildings such as the academic buildings, dining halls, and unions are considered public space on campus. Exceptions are residence hall living spaces. Walking between buildings with open containers will not be permitted, and violators will be fined $250. Repeat offenders will be subject to further disciplinary action.

6. Persons or organizations that serve alcoholic beverages are responsible for the damages, both to person and property, of those served (MRSA 29; 1312 "The Little Dram Shop Act.").

This law makes the person serving the alcohol liable under civil law if an intoxicated person is injured as a result of alcohol consumed. Since organizations at Colby are a part of Colby, it is possible that Colby College would also be named in such a suit, as well as any person who approved such an event.

7. Any person who is intoxicated can be prevented from driving a motor vehicle by Colby security officers (Implied ref. MRSA 29; 1312.).

Security officers will do everything possible, short of physical constraint, to prevent an intoxicated person from driving. If all fails and the person is determined to drive, local authorities will be notified so an arrest can be made. Any student found guilty of operating a vehicle under the influence will normally be required by the dean of students to complete an alcohol education program or receive other appropriate counseling, as well as possible disciplinary action,

8. Intoxication will not be accepted as a defense or an excuse for disorderly conduct.
9. Sponsors of social events or parties at which alcohol is served are responsible for the following:
   • Hall social events in lounges should normally be scheduled by Wednesday or Thursday, depending on the size of the event.
   • Alternate beverages and food must be provided in sufficient quantity.
   • Numbers of guests must be restricted to the legal fire capacity.
   • Appropriate signs outlining alcohol policy must be placed at the event.
   • Public advertising of the event must not include the mention of alcohol.
   • Sponsors are responsible for cleanup and damages. Sponsors will be billed for any extra cleanup and pay a fine equal to 25 percent of the cost of that cleanup.
   • Sponsors cannot advertise the event, distribute invitations or tickets, purchase alcohol, or sign entertainment contracts prior to the completion of the scheduling procedure.
   • Parties with alcohol cannot be held on two consecutive weekend nights.

   Note: A completed scheduling form is considered a contract­any breach of which is regarded as a violation of alcohol policy.

   There are a variety of reasons why events on campus must be scheduled, from coordinating the College calendar to providing the necessary security for the event. By signing the scheduling form, the sponsor is accepting the conditions stated on the form

10. 10. The amount of alcohol allowed on campus on any given night at social functions is based on a percentage of students who are of legal drinking age. Normally, no more than 10 kegs are allowed per night.
11. At the official end of social functions with alcohol, any keg(s) remaining either full or partially full must be moved and stored in the Security Office in Roberts Union.
12. Major campus social or cultural events designed primarily for students are permitted only on Fridays and Saturdays. Events will be evaluated by the appropriate scheduling authorities to determine whether they constitute a major event. Exceptions to this rule may be granted by the Office of the Dean of Students.

The guideline originated with the faculty, who expressed a concern that weekends, particularly "carnival" weekends, were beginning too early. In keeping with this concern, and that of keeping other weeknights, free for seminars and academic pursuits, all large campus social events planned during the week must be approved by the dean of students before taking place.

13. There may be no service of alcohol on campus, at the Spa or elsewhere, during new student orientation without the permission of the dean of students.

In response to the general feeling that the first experiences for new students at Colby shouldn¹t involve alcohol, the College requires that there be no public service of alcohol during orientation.

14. Alcohol is prohibited at any social event designated primarily for first-year students and/or sophomores.

Because the legal drinking age in Maine is 21 and since most first-year students and sophomores are under age, events designed specifically for them cannot include alcohol

15. The consumption of alcohol is forbidden at campus athletic events.

In keeping with the Public Drinking Law for outside athletic events and in keeping with the philosophies of alcohol and athletics so strongly taught by our Athletic Department, it would be inconsistent to allow alcohol at campus athletic events.

16. Guidelines for the service of alcohol at each facility are the responsibility of the facility supervisor or his/her designee. Policies established by the facility supervisors are to treat all constituent groups of the Colby community equally. Alcoholic beverages are not permitted in academic buildings without prior consent of the dean of faculty.
17. Kegs of beer are only allowed in designated lounge areas with prior approval and registration of the event. They are not allowed in individual residence hall rooms or suites. Social gatherings are not permitted in residence hallways or stairwells.

This stems from concern for fire safety and legal capacities and the fact that residence hall rooms are not designed for large group entertaining,

18. Social events designed primarily for students are not permitted after the last day of scheduled events on the semester calendar.
19. Alcohol cannot be given as a prize for contests, games, scavenger hunts, or other such activities.

Since activities such as raffles, scavenger hunts, and contests in which alcohol is the winning prize exclude all people under the legal drinking age, such prizes are not permitted. It is also illegal to raffle alcohol or in any other way sell alcohol without a license.

20. Students who choose to drink alcohol are expected to do so in a safe, responsible, and legal manner. In Maine, as in all states, the drinking age is 21. Underage drinking or providing alcohol to an underage person is illegal in Maine. The irresponsible use of alcohol that leads to disruptive, abusive, or destructive behavior while intoxicated is prohibited; those who engage in such behavior will face severe sanctions including possible suspension.

21. 21. Drinking Games. The Trustee Commission on Alcohol in 1996 stated that because drinking games tend to encourage excessive drinking and/or drunkenness, tend to foreclose all other social interaction, and pressure players to drink over their limits, these activities are considered forms of irresponsible drinking.

    All participants in a drinking game will be held accountable for the actions of any individual player who engages in misconduct, injures himself or herself or others during or after such an event. Participants who have contributed to the drunkenness of another will be held accountable and could face severe sanctions.

    Active encouragement of underage drinking and active encouragement of intoxicated individuals to consume substantial amounts of alcohol, a common element in many drinking games is against Colby policy and could be considered evidence of "Reckless Service of Liquor" under the Maine Liquor Liability Act. This could make the sponsor of a drinking game and the host of the party liable under Maine law for up to $250,000 in damages, plus medical expenses, and jail time should one of the participants in the game cause damage or injury to a third party, even after leaving the game, or sustain injuries him or herself.

22. Infractions of the Colby alcohol policy by students, faculty, or staff are to be referred for action to the dean of students, the dean of faculty, or the appropriate supervisor, respectively.