General Alcohol and Drug Policy 

Alcohol and Drug Policies

 

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 who is 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 Dean of the College 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 a 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 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 Life Manual, 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.” (http://www.fipg.org/)

Faculty and Staff

General

  • All faculty and staff 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 who is under age 21.

  • The College does not allow the use of alcoholic beverages by an employee on College premises, except at a College event properly approved and scheduled as described later in this document.

  • Faculty and staff are not allowed to perform College work under the influence of alcohol.   

  • Faculty and staff must notify the Human Resources office of any alcohol-related conviction within five days of the conviction, resulting from a violation while on College property or while engaged in professional activities on behalf of the College.    

College Events

  • For special events, the College may purchase alcohol for attendees of legal drinking age.

  • Alcohol for a College event must be approved in advance by the responsible VP and VP for Finance and Administration.

  • If students are present, an FPS employee or third party security must be 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 guests must show a valid state license. 

  • If students are present, a College- approved bartender (T.I.P.S.- trained or licensed vendor) must be present at the event to serve the alcohol.

  • Attendees under 21 must be designated as such and not be served alcohol.

  • Sufficient food and non-alcoholic beverages (in addition to water) in proportion to the number of people in attendance must be present throughout the function.

  • Alcohol cannot be charged for; it must be distributed free of charge due to state liquor commission regulations.

  • Alcohol will be purchased by the College, either through the food service provider or a local business by a designated College employee for on-site events and functions.

  • All unused alcohol will be returned for credit at the location of purchase or placed into inventory with the food service provider for use at a later date. Individuals, departments or offices are not allowed to store unused alcohol for future events or functions.

Business Meals

Ordinarily alcohol purchases will not be reimbursed for by the College.  It is the expectation that alcohol will not be purchased with College funds for business meetings and travel.  From time to time, faculty and staff may have to entertain guests of the College where alcohol may be appropriate – prospective donors, candidates for employment, service providers are examples where it may be appropriate.  Department meetings, holiday parties, birthday parties, etc. should not include alcohol purchased with College funds.

Faculty and Staff – All Other

In order to be reimbursed for alcohol purchases for a business meal, an itemized receipt must be submitted detailing the order with a documented business purpose and attendees.  Approval from the employee’s supervisor must occur before submitting to the Business Office. 

 

Common Outcomes for Violations of Student Alcohol and Drug Policy

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 listed below in addition to other potential violations or circumstances related to the incident.

 

Alcohol Violations
Common Outcomes

Behavior

First Violation

Second Violation

Third Violation

●Possession/ consumption of alcohol by an underage student (beer or wine)

●Open container in public area (regardless of age)

●Fake ID 

●Failure to register party

●Warning or Reprimand

●Educational condition

● Possible Alcohol and Other Drug Wellness Course (w/fee of $50)

●Coach notification

●Possible parental/legal guardian notification 

●Reprimand or Probation

●Alcohol and Other Drug Wellness Course (w/fee of $50) or Assessment ($125)

●Parental/legal guardian and coach notification

●Reassigned housing

●Possible suspension

●Alcohol and Other Drug Consultation (w/fee of $175)

● Parental/legal guardian and coach notification

●Possession/ consumption of hard alcohol by underage student

●Possession of bulk containers or serving from a common source (“jungle juice”), regardless of age

●Serving, purchasing, sale or making available of alcohol to minors

●Reprimand or Probation

●Alcohol and Other Drug Wellness Course (w/fee of $50)

●Coach notification

●Possible parental/legal guardian notification* 

● Reassigned housing

●Possible suspension

●Alcohol and Other Drug Assessment (w/fee of $125)

●Parental/legal guardian and coach notification

●Possible suspension

●Alcohol and Other Drug Consultation (w/fee of $175)

● Parental/legal guardian and coach notification

●Excessive drinking/ rapid consumption (regardless of age)

●Transport to the hospital due to alcohol

●Inducing or coercing others to drink

●Probation

●Alcohol and Other Drug Assessment (w/fee of $125)

●Educational condition

●Parental/legal guardian and coach notification

● Reassigned housing

●Possible suspension

●Alcohol and Other Drug Consultation (w/fee of $175)

● Parental/legal guardian and coach notification

●Suspension or Expulsion

● Parental/legal guardian and coach notification

●Driving while intoxicated/DWI

●Hazing

●Suspension or Expulsion

●Possible referral to local law enforcement agency

●Parental/legal guardian notification


 

 

 

 

Other Drug Violations

Common Outcomes

Behavior

First Violation

Second Violation

Third Violation

  • Possession/use of marijuana or other illegal drugs, including prescription drugs (small amount)

  • Possession of drug accessories (e.g., bongs, bowls, scales, pipes)

  • Warning or Reprimand

  • Alcohol and Other Drug Wellness Course (w/fee of $50)

  • Coach notification

  • Possible parental/legal guardian notification

  • Reprimand or Probation

  • Alcohol and Other Drug Assessment (w/fee of $125)

  • Parental/legal guardian and coach notification

  • Reassigned housing

  • Possible suspension

  • Alcohol and Other Drug Consultation (w/fee of $175)

  • Parental/legal guardian and coach notification

  • Possession/use of marijuana or other illegal drugs (larger amount or higher potency)

  • Possession/use of harder drugs

  • Transport to the hospital due to drug overuse

  • Inducing or encouraging drug use

  • Probation

  • Alcohol and Other Drug Assessment (w/fee of $125)

  • Educational condition

  • Parental/legal guardian and coach notification 

  • Reassigned housing

  • Possible suspension

  • Alcohol and Other Drug Consultation (w/fee of $175)

  • Parental/legal guardian and coach notification

  • Suspension

  • Parental/legal guardian notification

  • Driving while under the influence 

  • Other serious behaviors such as selling or distributing drugs including prescription, over the counter, or illegal drugs

  • Suspension or Expulsion

  • Possible referral to local law enforcement agency

  • Parental/legal guardian notification

 

 

 

 

Party Violations
Common Outcomes

Behavior

First Violation

Second Violation

Third Violation

●Minor disruption

●Failure to register party

●Minor alcohol/drug violation

●Hosts/residents not managing properly (minor)

●Warning or Reprimand

●Educational condition

●Coach notification

●Possible parental/legal guardian notification (as permitted by applicable law)

●Possible social hosting workshop before hosting again

●Reprimand or Probation

●Alcohol and Other Drug Wellness Course (w/fee of $50) 

● Parental/legal guardian and coach notification

●Loss of hosting privileges for one month for hosts and residence

●Social hosting workshop

●Reassigned housing

●Possible suspension

● Parental/legal guardian and coach notification

●Loss of hosting privileges for one semester

●Disruptive behavior

●Serving, purchasing, sale or making available of alcohol to minors

●Serving/making available hard alcohol 

●Possession of bulk containers or serving from a common source (“jungle juice”), regardless of age

●Allowing drug use or making drugs available

●Charging cover fees

●Attendance too large to manage or exceeding occupancy

● Not managing party responsibly (more serious)

●Reprimand or Probation

●Alcohol and Other Drug Wellness Course (w/fee of $50)

●Coach notification

●Possible parental/legal guardian notification* (as permitted by applicable law)

●Social hosting workshop

●Loss of hosting privileges for one month for hosts and residence

● Reassigned housing

●Possible suspension

●Parental/legal guardian and coach notification

●Loss of hosting privileges for one semester

●Possible suspension

● Parental/legal guardian and coach notification

●Permanent loss of hosting privileges 

●Excessive drinking/ rapid consumption (regardless of age)

●Inducing or coercing others to drink

●Serious disruption

●Probation

●Alcohol and Other Drug Wellness Course (w/fee of $50)

●Educational condition

●Parental/legal guardian and coach notification

●Social hosting workshop

●Loss of hosting privileges for one semester

● Reassigned housing

●Possible suspension

● Parental/legal guardian and coach notification

●Permanent loss of hosting privileges

●Suspension or Expulsion

● Parental/legal guardian and coach notification

*Conditions can apply to both hosts and location residents when appropriate. Organizations and teams can also be charged with group violations. 

 

College Amnesty Protocol
 

Student health and safety is a primary concern for the College community. Sometimes, students are hesitant to seek medical assistance for fear that they may get themselves or others in trouble (for example, a student who has been drinking underage might hesitate to seek help for another student who is incapacitated due to alcohol or drug use, or who has been the victim of sexual misconduct). F&M students are expected to contact Public Safety and stay with the individual of concern when it is believed they need attention due to the use of alcohol or other drugs including prescription, over the counter, or other. The Amnesty Protocol is designed to provide education rather than discipline when a student voluntarily contacts university personnel (e.g., Public Safety, House Advisor/Community Advisor) or outside emergency services for assistance related to alcohol or other drugs. 

Individuals covered by the Amnesty Protocol are 

  • the caller, 

  • the person in need of assistance

  • the host student organization

  • witnesses named in the incident report

The college cannot grant amnesty or immunity from citation or arrest by legal authorities i.e. Lancaster or Manheim Township Police officers.

The hearing officer determines whether or not the Amnesty Protocol is applicable for each incident. Incidents involving sex discrimination, sexual harassment, sexual misconduct, sexual violence, dating violence, domestic violence, or stalking shall be covered by the Amnesty Protocol for those students reporting or intervening to prevent harm to a particular student. Incidents involving other violence or serious code violations, such as hazing, will not apply. A conduct officer will contact the student or the student organization involved in the incident to arrange for a meeting. There will be no official charges or conduct status from the College through the Amnesty Protocol. The person who made the call to university personnel may be invited to the meeting. At the meeting, the incident will be reviewed with the Student or Student organization to determine an appropriate educational response, which could include participation in an educational group or class, program presentations, counseling intake session, or substance abuse education and/or evaluation. A response may also include parental/ guardian notification of the incident.

If a student or student organization fails to attend the initial meeting with the conduct officer or complete the educational responses following the meeting, the incident will be resolved through the student conduct process.

Department of Public Safety (DPS) Contact Information:

Phone - 717-358-3939
Emergency – 911
Email - psdispatch@fandm.edu

EMTs are dispatched through the Department of Public Safety.  If an EMT is contacted directly by a student, the EMT will instruct the student to call DPS to dispatch the EMT.

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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.