Alcohol and Other Substance Abuse – LR 516.2

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University of Arkansas at Little Rock
Policy Name: Alcohol and Other Substance Abuse
Policy Number: LR 516.2
Effective Date: April 1, 2010 (review date)

Diversity of opinion and freedom of choice are principles which have long been part of the higher education tradition. However, this freedom entails the exercise of personal responsibility, a responsibility that includes the obligation to make informed decisions regarding the use and abuse of alcohol and other drugs. The use of the term “drug” in this handbook refers to alcohol, any illegal drug, and abuse of legal drugs including, but not limited to, prescription drugs.

Alcohol and other substance abuse is a university campus concern. When students abuse alcohol and other drugs, academic performance, health, personal relationships, and safety suffer. Abusive levels of alcohol use and other drugs often result in problems such as automobile and other accidents, student conflicts, property damage, aggravated physical illness, and sometimes death.

A reduction of problems related to the abuse of alcohol and other drugs cannot be achieved solely through student development programs, curricular offerings, or through the development of rules, regulations, and policies. However, rules and policies are important and necessary.

Students need to know what their responsibilities are as members of the university community, Registered Student Organizations (RSO’s), and groups, and fully understand the university’s expectations and regulations regarding the abuse of alcohol and other substances.

Registered Student Organizations

Students should be thoroughly familiar with the Code of Student Rights, Responsibilities, and Behavior outlined in the UA Little Rock Student Handbook. The university has in operation a drug prevention program which is accessible to students and is committed to the elimination of drug abuse. The university:

  1. Promotes an educational environment free from the abuse of drugs.
  2. Educates members of the community for the purpose of preventing drug abuse, and educates them about the use of legal drugs in ways that are not harmful to self and others.
  3. Creates an environment that promotes and reinforces healthy, responsible living, respect for community laws and campus standards and regulations, individual responsibility within the community, and the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community members.
  4. Provides for a reasonable level of care of alcohol and drug abusers through counseling, treatment, and/or referral service.
  5. Exercises appropriate disciplinary action for alcohol and/or other drug policy violation. Disciplinary sanctions for the illegal sale or distribution of drugs on campus or within the institution’s jurisdiction or at events controlled by the university may subject the student to separation from the university or referral for prosecution. Additional information can be obtained in the publication Alcohol, Drugs, the Law and You. This booklet may be acquired in the Office of Health Services.

University Requirements

The following alcohol policies and regulations have been adopted by the university for events sponsored by an RSO or group at fraternity/sorority lodges or at student centers:

  1. Possession, sale, consumption, or serving of alcoholic beverages on the premises of any fraternity, sorority, RSO or group, or at any entertainment or event sponsored by these groups shall be in compliance with all applicable laws and university regulations.
  2. The use of alcoholic beverages during formal rush and/or at membership recruitment functions is prohibited.
  3. Guidelines for events which involve alcoholic beverages are:
    • There shall be no open solicitation, encouragement of alcohol consumption, or promotion of a drinking contest.
    • Promotional materials including advertising of the event shall not refer to the amount of alcoholic beverages, e.g., the number of beer kegs, available.
    • Alcoholic beverages shall not be provided as free awards to individual students or campus organizations.
    • The group sponsoring the event shall implement precautionary measures to ensure that alcoholic beverages are not accessible or served to or consumed by persons under the legal drinking age or to persons who appear intoxicated.
    • Where alcoholic beverages are provided by the group, direct access shall be limited to person(s) designated as the server(s).
    • Non-alcoholic beverages should be available at the same place and featured as prominently as the alcoholic beverages.
    • Food items shall be made available throughout the event.
    • Advertisement for the event where alcoholic beverages are included shall note the availability of nonalcoholic beverages as prominently as alcohol. Alcohol shall not be used as an inducement to participate in the event.
    • Constituted law officers or the faculty/staff advisor (alumni/nae advisor if a fraternity or sorority), shall be present at all times during an event if it is exclusively for members and invited guests.
    • A minimum of two (2) constituted law enforcement officers shall be present at all times during an event when the invited guests exceed one hundred (100).
    • The Application for Events Involving Alcoholic Beverages must be submitted with the calendarization form when alcoholic beverages are involved. Registration forms are available in OCL.

Legal Requirements

  1. Drinking age law for possession, consumption, and sale of alcoholic beverages as well as penalties for violation of such laws. Arkansas Code Ann. 3-3-203 and 3-3-204 provide that it is unlawful for any person under age 21 to purchase or have in their possession any intoxicating liquor, wine, or beer. They also provide that it is unlawful for a minor to be allowed to handle alcoholic beverages in any way with this exception: minors are allowed to serve as cashiers and stock boys in grocery stores selling beer where those stores have gross sales of more than $2 million per year. The charge of a minor in possession is a criminal matter and is adjudicated by the municipal courts. Possession, consumption, and sale of alcoholic beverages by persons under the lawful age is considered a Class C misdemeanor. Penalty is not to exceed a $100 fine.
  2. Open container law regarding alcoholic beverages being consumed in outdoor areas or automobiles prohibits drinking in public. Arkansas Code provides that a person commits the offense of drinking in public if he or she consumes any alcoholic beverage in any public place, on any highway, or street, or upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, or other public place other than a place of business licensed to sell alcoholic beverages for consumption on the premises. Drinking in public is a Class C misdemeanor. Penalty is not to exceed $100 fine.
  3. Dram Shop or Implied Consent. Arkansas does not have a dram shop law. The state does not have any provision in its statutes that imputes liability automatically to the dispenser of alcoholic beverages; however, the trend is moving toward holding those persons who give parties where alcoholic beverages are served, liable for any damages resulting from the actions of intoxicated guests.
  4. Recent Arkansas legislative Acts have established new and stiffer penalties for DWI offenses. This is a schedule of the fines and jail sentences that are mandatory under these laws. All students should be aware of the severity of these penalties.

Source: UALR Student Handbook 2009
Revised:
Approved By: VCESS, April 1, 2010
Custodian: Student Affairs/Provost