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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 Colleges 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 Colleges 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 doctors
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 individuals 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 Colleges
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 Colleges 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 Colleges
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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