Criminal Liability & California Law
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Administrative Actions Unlike other schools, Stanford is not a "zero tolerance" campus. "Zero Tolerance" means that no alcohol is tolerated on the many campuses that have adopted this policy, and students are suspended or even expelled for infractions. Because of the philosophical underpinnings of the Fundamental Standard, Stanford’s first approach is usually educational (see the full policy). Perhaps it would be much simpler if there was a formulaic response to alcohol infractions. However, at Stanford, each circumstance is evaluated on a case-by-case basis. What are the factors that are considered in any alcohol infraction? The extent of the violation, past violations, and actions that are retaliatory or dishonest are considered. Actions that threaten the health, safety and well being of self or others, involve property damage, or flagrant disregard of the law and University policies are also taken into consideration. It is very serious when alcohol is an aggravating factor in violent and/or criminal behavior. (NOTE: If the court system may be involved, the University typically withholds investigation and/or administrative actions until the legal process has been completed). What is the process? In all situations, the first step is a complaint filed by an individual or Unit, which conducts an investigation, reviews the issue through a formal fact-finding process. In all cases, the University makes every effort to apply standards of fairness and consistency in the determination of administrative actions. Stanford protects individual students’ confidentiality and does not disclose public information about individual administrative sanctions. However, administrative actions can and often are made public when student groups are charged with a policy violation. Residential Education has the authority to review and take administrative action if a case involves an alcohol infraction that occurred in a campus residence hall. So, you know that when individuals or student groups are found in violation of the alcohol policy, they often face disciplinary and other administrative actions. These processes can take place with or without a public safety citation or arrest. Does it sometimes seem mysterious how some students lose their housing for an alcohol infraction, and others don’t? Wonder why one student group is put on probation, while another isn’t for similar circumstances? Here is a behind-the-scenes attempt to explain the differences, and demystify what goes on behind the scenes.
How administrative actions regarding alcohol infractions are determined: The bottom line: Just as Stanford Police have the duty to enforce State and Federal law by education, citation and arrest, the University has the duty to enforce it's policies by administrative actions (educational and/or disciplinary) and sanctions. When I was a Freshman I had this notion that I couldn’t be arrested on campus for alcohol. I'm not sure why I thought this, but I did. I guess I must have heard it from others. Well, I learned the truth the hard way. One night I walked to a party with a cup full of rum and coke and got stopped by the police. They asked me how old I was and to see my ID. The officer cited me for Minor in Possession. Residential Education The Behavioral Expectations/Contracts for students can be found in:
Possible Administrative Actions for Violations:
What typically happens when a student is found in violation of law or policy? First, the RD meets with the student. Depending on circumstances, the student might be referred to a mandatory Alcohol Education Seminar; might be considered for administrative actions; and/or might be referred for further evaluation, counseling and/or treatment. Let’s take a look at some hypothetical scenarios. First offense which caused no imminent harm (or threat of harm) to self, others or property SITUATION A: Chris got busted for his first alcohol offense (Minor In Possession) on campus. A day or so later he got called in to see his Residence Dean. The RD was cool and discussed things over with Chris. Chris was clearly reminded that the offense was a breach of his Residence Agreement, as well as the University Policy on Controlled Substances and Alcohol. The RD then referred Chris to the Stanford Alcohol Education Seminar at Vaden. Chris first met with the Alcohol Educator, who interviewed Chris and enrolled him in a 3-hour education seminar with other students in similar circumstances. After successful completion of the seminar, Chris would be off the hook with the University unless he messes up again. Chris would still need to pay any incurred legal infraction and court fees.
SITUATION B: The same scenario occurred with Lisa. Lisa met with her RD, and then the Alcohol Educator. However, due to concerns about her drinking patterns, she was also referred to CAPS for a more in-depth evaluation. She might attend AA meetings too.
- Individual students who are charged with Fundamental Standard or honor code violation may be referred to the Office of Judicial Affairs. - Student groups who are charged with an infraction go before a panel in the Organization Conduct Board. - The Dean of Students reviews all Judicial Affairs Panel and Organization Conduct Board findings for accuracy, consistency and appropriateness. The Organization Conduct Board has criteria for determining administrative actions like alcohol probation or alcohol suspension. The criteria includes:
The following information outlines behavioral expectations and contracts within each setting/unit and the possible course of action leading to potential sanctions for individuals and groups followed by examples of problematic and egregious behaviors witnessed at Stanford. Individuals Examples of Problematic Behaviors:
Possible non-University imposed Consequences of Criminal Violations include:
Examples of Problematic Behaviors:
Student groups and residences
Voluntary Student Organizations (VSO) and Greek organizations
FIRST OFFENSE, WHICH CAUSED HARM TO SELF, OTHERS or PROPERTY Terry got busted for her first alcohol offense. He was drunk in public, broke several windows, and it is unclear whether he deliberately punched another student. His Residence Dean called him in and they reviewed the allegations. They discussed that his conduct not only was in violation of the Residence Agreement, the University Policy on Controlled Substances and Alcohol, but also clearly the Fundamental Standard and state battery laws. Terry's parents can be called as well because it is an alochol-related incident. Terry might be referred to the Alcohol Seminar, but it is likely that further administrative and/or legal action will follow (see next section). He, of course, will need to pay any incurred legal infraction and court fees.
After the first offense Jenn meets again with an RD for a second MIP violation. She usually will not be given the option of repeating the Alcohol Seminar. Jenn will more typically be referred for further administrative actions, or for a medical/psychological evaluation, and perhaps counseling and treatment.
Office of Judicial Affairs The Behavioral Expectations/Contracts for students can be found in: • Policy On Controlled Substances and Alcohol • Fundamental Standard Possible Administrative Actions for Violations (after Judicial Affairs formal process): • Community Service • Suspension • Required attendance in the Vaden Alcohol Education Seminar • Expulsion (requires approval of the Provost)
Department of Public Safety/Stanford Police Students are expected to abide by the law. Laws related to alcohol can be found in: • California Penal Code
Possible Administrative Actions for Violations (after the Organization Conduct Board formal process): • Alcohol probation or suspension • Party Probation or suspension • Conduct probation • Required alcohol education • Suspension recognized group status (VSO only) • Dissolution/Loss of University recognition (VSO only) • Loss of Housing for Greek Organizations (Greek only) • Dissolution/Charter revoked (Greek only) • Reprimand • Restitution • Monetary fine
RESIDENCES (Houses, Dorms, Suites, etc.) The Behavioral Expectations/Contracts for students can be found in: • Party Planning Guidelines • Policy On Controlled Substances and Alcohol
Possible Administrative Actions for Violations: • House Meeting with RD • House Meeting with Director of Residential Education • Placed on Party or Social Probation
© Stanford University Alcohol Advisory Board, 2008 |
