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General Contact Info:
The Center for Leadership in Health Promotion
Wilder Student Union, Room 314
135 W. Lorain Street,
Oberlin, OH 44074
Phone: 440-775-5332
E-mail: life.skills@oberlin.edu

LAWS & REGULATIONS

Oberlin College Policies

 

http://www.oberlin.edu/students/links-life/rules-regs.html


Revised Policy on Alcohol, Drugs and Tobacco

**For most recent verstion, always use the link provided above.

(Approved by the Student Life Committee April 13, 1995)

Note: The information below is a direct copy of the Revised Policy on Alcohl, Drugs and Tobacco published in the 2002-03 Student Handbook. Only the formatting has changed to accomodate the web. The numbers to the right indicate the page on which the text to the left may be found in the handbook.

L. Revised Policy on Alcohol, Drugs and Tobacco

Oberlin College prohibits the unlawful possession, use, or distribution of alcohol or drugs. It is the College’s policy to provide a learning, living and work environment that is free of illicit drugs, tobacco smoke, and the unlawful use or abuse of alcohol.

Believing that the acceptance by students of full responsibility for their conduct is an essential component of the educational process, the College seeks to prevent the destructive use of tobacco, drugs and alcohol by means of counseling and the education of students with regard to the risks involved.

(p 236)

While the College’s emphasis is on preventive and educational approaches to substance use and abuse, the College will not protect students from local, state or federal laws. College judicial procedures will be initiated if a complaint of misconduct related to drug, alcohol or tobacco use is filed by a member of the Oberlin College community. Judicial sanctions may include suspension or expulsion, depending on the seriousness of the offense.

The following statement was issued to the Oberlin College community by the General Faculty Council on May 9, 1991:

“Oberlin College cannot condone the illegal possession, consumption, provision or sale of alcohol or drugs, and Oberlin College cannot protect members of the community from prosecution for crimes under federal, state, or local laws. Ohio state law (Section 4301.69) provides that no person shall sell intoxicating liquor or beer to a person under the age of twenty-one years, unless given by a physician in the regular line of his/her practice, or by a parent or legal guardian. Drugs are defined as including marijuana as well as the following, all of which are illegal except when taken under a doctor’s prescription: barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, psilocylin, DMT, cocaine, and other narcotics or opiates.”

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1. Summary of State Laws
Ohio Revised Code Governing Alcoholic Beverages

Section 4301.22(A):

  • No intoxicating liquor or beer shall be sold to or handled by any person under twenty-one years of age. The penalty for violation of this section provides for a fine of not more than $500 and imprisonment of not more than sixty days, or both. (Third degree misdemeanor.)

Section 4301.6:

  • No person shall sell intoxicating liquor or beer to a person under the age of twenty-one years, or buy intoxicating liquor or beer for, or furnish it to, a person under the age of twenty-one years, unless given by a physician in the regular line of his practice, or by a parent or legal guardian. The penalty for violation of this section provides for a fine of not more than $1,000 or imprisonment of not more than six months, or both. (First degree misdemeanor.)

p237

The law is quoted as it reads. Selling alcoholic beverages, however, requires a license and thus is not legal anywhere on-campus, except the Rathskeller, where a license has been issued to sell beer, and the Oberlin College Inn, which has a full liquor license.

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Ohio Revised Code Governing the Reporting of a Felony

Section 2921.22.

  • No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.

Copies of these laws will be made available to students on request from the Dean of Students’ Office.

If a student is apprehended on- or off-campus by the state, local or federal authorities for violation of drug laws:

p238

  • The student will remain enrolled in the College.
  • Students released on bail will normally be free to continue their courses of study while awaiting legal proceedings.
  • Withdrawal without prejudice will be granted to those who find it impossible to continue for legal or personal reasons.
  • Conviction for a drug or alcohol-related offense will not automatically result in separation from the College, but college judicial procedures will be initiated if a complaint of misconduct is filed by a member of the Oberlin College community.
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2. Risks Associated with the Abuse of Alcohol, Drugs and Tobacco

The College is concerned about the risks and potential dangers involved in the abuse of alcohol, drugs and tobacco. There is the risk that the abuse of alcohol, drugs and tobacco may cause profound changes to an individual’s physical and/or psychological health. Also, the abuse of alcohol, drugs and/or tobacco may interfere with the process of free and open intellectual inquiry, the interaction and the trust that are crucial to the educational community. Finally, there is the risk of being subject to College judicial procedures as well as the risk of being arrested and possibly serving a prison sentence.

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3. Support and Counsel

For counseling, students are advised to consult with the College’s Health Services and the Counseling Center. Conferences with physicians and psychologists are privileged information, subject to the standards of privacy in the medical profession. Others also stand ready to help. If individuals need support or seek advice, they may initiate contact with:

Area Coordinators
Campus Safety and Security, (440) 775-8444 or emergency 8911
Lakeland Institute, 1-800-362-1039
Student Health, (440) 775-8180
Office of Chaplains, (440) 775-8103
The Counseling Center, (440) 775-8470
Lorain County Council on Alcohol and Drug Abuse (LCCADA), 323-0860
Allen Memorial Hospital Emergency Room, (440) 775-1211.

p239

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4. Violations of College Policies

Whether or not misconduct is involved, those concerned about instances of alcohol and drug abuse, and violations of the smoking policy on the campus have the following options:

  • Directly express concern and urge the student to seek support and assistance from among those listed above.
  • Refer the matter to the campus Judicial Coordinator.
  • Refer the matter to the civil authorities (i.e., report the matter to the police).
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5. Alcohol Policy

The following is the College’s policy regarding the serving of alcoholic beverages on-campus, please refer to page 285 for required procedures.

  • Persons who serve alcohol at any campus function must be twenty-one years of age in accordance with Ohio state law.
  • If alcohol is to be served at a student-sponsored all-campus function, sponsors must employ certified student bartenders and comply with Ohio state law. Students who wish to be certified as bartenders must complete an alcohol education course that is offered each semester by the Office of Residential Life and Dining Services to address issues of safety and liability.
  • Students acting as bartenders must sign a statement stating that they are aware of the Ohio state law and that they are responsible for compliance with it.
  • Every party is required to have two trained, paid bartenders hired by the party sponsor from the current list of students that have been certified through TIPS (Training for Intervention Procedures by Servers of Alcohol) by the Office of Residential Life and Dining Services. In addition, each party must provide registers at the door for non-OCID guests to sign. Guests must have a valid proof of age and must be hosted by a member of the Oberlin College community.
  • Some parts of the College grounds are considered to be in the public domain. Individuals on-campus should be aware that the “open container” law applies in those areas and thus they can act accordingly.
  • To help ensure state laws are followed, the possession or consumption of alcoholic beverages in the College-operated dining halls is not permitted, excluding special programs or dinners if special approval has been given.

(p 240)

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6. Alcohol Intoxication Policy
(Approved by the General Faculty on 3/5/01)

Oberlin College promotes an “intoxication” policy that centers on concern for the health of individual students and on the safety and well-being of the campus community. No person, while voluntarily intoxicated, shall engage in conduct that presents or creates a condition he or she should know is likely to present a risk of physical harm to another person, to the property of another, or to him/herself.

For those students who are found to be abusing alcohol, the College’s first priority is to ensure that they receive appropriate counseling and medical attention. This policy is based upon the expectation that students will take responsibility for their own decisions surrounding the use and abuse of alcohol, and that they will accept the consequences of those decisions.

a. Policy

Consistent with these goals, the College maintains the following policy with respect to alcohol intoxication:

(1) Alcohol consumption to the point of severe intoxication is a violation of College regulations. When severe alcohol intoxication is an accompaniment to other possible disciplinary infractions, under no circumstances may it be regarded as a mitigating factor; indeed, disciplinary infractions may result in additional sanctions when they are in part or in whole the consequence of alcohol abuse.

(2) Severe alcohol intoxication is defined as intoxication which may be reasonably judged to represent significant potential harm to self.

(3) Customary indications of severe alcohol intoxication include one or more of the following signs:
  • Stumbling and/or falling while standing or walking
  • Unawareness of surroundings
  • Inability to state or recall basic personal information such as name, address, telephone, birth date, social security number, hometown, etc.
  • Vomiting
  • Unconsciousnes
(p 241)


b. Sanctions

Under ordinary circumstances, first-time intoxication unaccompanied by other possible disciplinary infractions results in a required evaluation by the alcohol support team, without additional disciplinary procedures or sanctions. The alcohol support team typically consists of the Assistant Dean of Residential Life, Associate Dean/Judicial Coordinator, and a member of the counseling staff. The reoccurrence of such violations may result in judicial action and include sanctions appropriate to the individual situation.

c. Medical Amnesty

In order to ensure that students receive prompt and appropriate attention for alcohol intoxication, and ensure that there are no impediments to seeking such assistance, the College has instituted a “Medical Amnesty” policy. In those instances in which a student calls Safety and Security for assistance with an intoxicated student, neither the individual calling nor the student in need of assistance will be charged with violations of the Alcohol Policy. The individuals may be asked to meet with a member of the alcohol support team, but no formal judicial action will be taken against the individuals in need (nor the persons reporting the incident) unless the individuals involved demonstrate a repeated lack of care concerning their well-being and the well-being of the campus community.


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8. Educational Intervention for Infractions of the Policy on Alcohol, Drugs and Tobacco

Introduction: Although the application of sanctions in Oberlin College's Judicial Process are handled on a case-by-case basis and never applied automatically, violations of the College's Revised Policy on Alcohol, Drugs and Tobacco will customarily result in the following judicial responses. Sanctions will customarily be imposed except in cases in which the Medical Amnesty Policy has been invoked. This policy ensures that the concern for judicial consequences does not become an impediment for students seeking assistance for themselves or others when the abuse of alcohol presents a significant health risk. In such cases and where there are no additional infractions of the Code of Conduct, students may be asked to take advantage of educational or counseling opportunities; however no formal judicial action will be taken.
------------------------
a. First Time offense of illegal substance use AND/OR open Container AND/OR Underage Drinking:
Not accompanied with other judicial infraction:
1.WARNING.
------------------------
b. First Time Offense of Intoxication (see Intoxication Policy for Definition):
1. CHOICES, an Alcohol/Other Drug Class, with sexual offense component, to be offered twice a semester. $20 charged to student.
2. Parental Notification: Judicial Coordinator asks student to call parent(s) and request a return call to confirm notification of infraction.
3. Disciplinary Warning
NB: Additional sanctions may be applied when these infractions are
accompanied by other infractions of the Code of Conduct.
--------------------
c. Second or Subsequent instances of Offense of Intoxication:
1. Required AOD assessment by Counseling Center
2. Possible referral to local AOD treatment/counseling center if deemed necessary.
3. Parental Notification
4. Disciplinary Probation
NB: Additional sanctions may be applied when these infractions are accompanied by other infractions of the Code of Conduct. Third or subsequent violations of the Intoxication Policy will be referred to Community Board
--------------------------------
d. Second offense of illegal substance use AND/OR open Container AND/OR Underage Drinking:
1. CHOICES, an Alcohol/Other Drug Class, with sexual offense component, to be offered twice a semester. $20 charged to student.
2. Possible AOD assessment by Counseling Center
3. Possible Parental Notification
4. Disciplinary Probation
-----------------------------
e. Intoxication, in combination with an allegation of a Sexual Offense Violation:
1. These violations will be referred to the Sexual Offense Policy Administrator for adjudication. Some of the educational and counseling responses listed above may be invoked in such cases.
------------------------------
* The Lorain County Alcohol and Drug Abuse Services (LCADA) in Elyria or treatment center in student's home site are options. An assessment report sent to judicial coordinator of outlining recommendations is required along with the student's compliance with recommendations contained within the report.
*This proposal will begin September 2003. In general, this process will be followed. However, the Judicial Coordinator has the authority and expertise to assign sanctions based upon his/her discretion and the particulars of the case.


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9. Following the Letter and the Spirit of the Alcohol, Drug and Tobacco Policy

It is the incumbent responsibility of the Dean of Students’ Office to enforce College regulations with regard to student conduct. The College reserves the right to invoke its student regulations, policies and procedures wherever student behavior is in violation of acceptable standards of behavior. In general, members of the community should be aware of the laws, rules and regulations that govern their conduct. As stated on page 179 of the Oberlin College Student Rules and Regulations, “It is assumed that the accepted principles of social decency and common morality that belong to all good societies will be regarded as binding upon every student.”

Finally, it is a College expectation that all community members will support efforts to enforce College policies on alcohol, drugs and smoking.

(p 243)

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