Criminal Liability & California Law
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University Policy and the Fundamental Standard All Universities must abide by state and local laws, and all campus policies reflect the application of law to University life. Stanford is unique because we sign the Fundamental Standard, which is a social and ethical contract to uphold the law and policy. All members of the Stanford community are expected to abide by the Fundamental Standard, and therefore conduct themselves in accordance with the State of California laws and Stanford policies. In summary, the Fundamental Standard states that students’ actions will demonstrate respect for order, morality, personal honor and the rights of others. Implicit in the Standard is the understanding that students are responsible for making their own decisions and accepting the consequences of those decisions, in accordance with law and policies. The letter and the spirit of the Fundamental Standard—trust, individual responsibility and good citizenship- is the core of the Stanford Alcohol Policy. ________________________________________________________________ “For me, the Fundamental Standard is a statement of Stanford’s trust in the student body to be good representatives of the school. By signing it, students take on the responsibility to make thoughtful and moral decisions in every aspect of their lives, from the classroom to off-campus activities. This process encourages individual integrity and independence. Thanks to this contract, I think that the school entrusts students with a large degree of freedom. I appreciate that my school’s administration puts this trust in its students instead of trying to control student actions with excessively strict policies”. MK, Student Alcohol Advisory Board member __________________________________________________________________ Stanford University Policy On Controlled Substances and Alcohol* The University must uphold the law, and the Policy On Controlled Substances and Alcohol outlines these expectations. The official website called the Stanford University Policy On Controlled Substances and Alcohol can be found at: http://adminguide.stanford.edu/23_6.pdf. Here is a highlight: “It is the policy of the University to maintain a drug-free workplace and campus. The unlawful manufacture, distribution, dispensation, possession and/or use of controlled substances or the unlawful possession, use or distribution of alcohol is prohibited on the Stanford campus, in the workplace or as part of any of the University’s activities. The workplace and campus are presumed to include all Stanford premises where the activities of the University are conducted. Violation of this policy may result in disciplinary sanctions up to and including termination of employment or expulsion of students. Violations may also be referred to the appropriate authorities for prosecution”.
*Adapted from “The University Policy on Controlled Substances and Alcohol,” Stanford Bulletin 2003-2004
EDUCATION AND PERSONAL RESPONSIBILITY The goal of this Policy is to reduce the abuse and illegal use of alcohol and other drugs, and the human and material costs associated with it. The University, as an educational institution, approaches student conduct issues from a perspective that places emphasis on individual responsibility and development. Education about and prevention of alcohol and other drug-related problems will continue to be the primary emphasis and goal. However, the University expects students, as individuals and as members of groups, to conduct themselves in accordance with this and all other University policies governing student conduct.
HEALTH CONCERNS In order to make informed decisions about alcohol and other drug use, students should educate themselves about the health and safety risks associated with their use, as well as about state and local laws on possessing, serving and consuming alcohol. It is widely recognized that the misuse and abuse of drugs (“controlled substances”) and the abuse of alcohol are major contributors to serious health problems, as well as to social and civic concerns. Among health risks associated with the use of illicit drugs and the abuse of alcohol are various deleterious physical and mental consequences including dependency, severe disability - even death.
Some Applications for Students PARTY PLANNING Party planners are responsible for planning and carrying out events in compliance with this policy. At least one house or organization officer must assume responsibility for an event’s compliance with the policy, and their names must be made available to Stanford’s Department of Public Safety and the University upon request.
FROSH HOUSES No alcoholic beverages may be served at all-freshmen house events in common area spaces (e.g. lounges, hallways, patios/outdoor areas).
NO UNIVERSITY FUNDS FOR PURCHASING ALCOHOL No University funds or funds collected by the University may be used in a way that violates the alcohol policy. In student residences, house funds (funds collected by the University Bursar or other University offices) may not be used to buy alcohol because the majority of undergraduates are under the legal drinking age of 21. The decision to use student-collected funds to buy alcohol should be made lawfully, thoughtfully, fairly and in a way that respects the views of all students. Students must not be required to contribute to funds collected for the purpose of purchasing alcohol or controlled substances.
NEW STUDENT ORIENTATION (NSO) PERIOD
Row Houses that violate the NSO Alcohol Policy allowance for Row House social gatherings may face suspension of social privileges including the suspension of their privilege of hosting parties. Individuals who violate this policy may lose their University student housing privileges and/or be reported to the Judicial Affairs Office. Any violation may result in the revocation of this allowance for all Row House social gatherings in future years.
ADMIT WEEKEND At no time should any Stanford student provide, serve or in anyway make alcohol available to any prospective frosh (ProFro). All student groups/organizations and residences will host only alcohol-free parties or events during Admit Weekend. This specifically means that no alcohol is to be present, served, or consumed at any student group/organization function during Admit Weekend.
END OF THE QUARTER PERIOD & FINALS WEEK No registered parties (with or without alcohol) can occur during the End of the Quarter Period (dead week) or Finals Week.
ATHLETIC FACILITIES No alcohol is permitted inside Stanford athletic facilities during athletic events.
DINING HALLS Alcoholic beverages are prohibited from being possessed or consumed in Stanford Dining Halls during meal times and food service. University Dining staff can deny admission, access, or meal service to anyone who is deemed to be overly intoxicated by the Dining Management staff. Link: http://www.stanford.edu/dept/rde/dining/policies.htm
STANFORD FOOTBALL GAME DAY ALCOHOL POLICY Stanford wants to promote a fun, healthy and exciting game day experience for all attendees. Therefore, all attendees to Stanford Football activities are required to be familiar with and uphold California State laws, federal laws and university policies related to the possession, service and consumption of alcohol. California State Laws: It is illegal for persons under the age of 21 to possess an alcoholic beverage in any public place or any place open to the public (CA Business and Professions Code 25662). Any person who furnishes, gives, or sells any alcoholic beverage to someone under the age of 21 is guilty of a misdemeanor (CA Business and Professions Code Section 25658(a)). To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others is guilty of a misdemeanor (CA Penal Code 647(f)). It is illegal for persons to operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher (CA Vehicle Code Section 23152). NOTE: A golf cart is considered a motor vehicle. It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle (CA Vehicle Code Section 23140(a)). It is illegal for a person under the age of 21 to drive a vehicle with a blood alcohol concentration (BAC) of .01% or higher (CA Vehicle Code Section 23136). It is a misdemeanor to ride a bicycle under the influence of alcohol, drugs, or both (CA Vehicle Code Section 21200.5). It is an infraction to possess an open container of an alcoholic beverage while in a motor vehicle (CA Vehicle Code Section 23223). It is an infraction for an owner or driver of a motor vehicle to allow an open container of alcohol in the passenger area (CA Vehicle Code Section 23225). Policies: Drinking practices that lead to a rapid and heightened level of alcohol intoxication are prohibited in tailgating areas (e.g. drinking games, beer bongs, etc.). No alcohol is allowed inside Stanford Stadium and people entering the stadium are subject to bag inspection. Individuals can be held legally liable and responsible for alcohol mismanagement and/or negligent practices. Groups who do not abide by these laws and policies can lose the privilege to reserve tailgating space. Stanford student groups who tailgate must follow University party planning guidelines, policies and procedures. People who do not abide by these laws and policies can be legally cited by the police and/or asked to leave Stanford property by University Agents.
© Stanford University Alcohol Advisory Board, 2008 |
