Date to be reviewed:
The University is committed to maintaining an effective drug and alcohol abuse prevention program. Abuse of alcohol and other drugs (AOD) can have serious effects on the well-being of students and employees. The goal of our program is to prevent alcohol and drug abuse and educate our students as to its health risks. In addition to promoting wellness, the University also seeks to prevent the illegal underage consumption of alcohol at both on and off-campus university-affiliated events. The University's program includes: established standards of conduct, specific policies that address drug and alcohol abuse both on and off campus at university-affiliated events, and sanctions for both student and employee violations. These policies and standards are only one part of the University's efforts to encourage responsible choices and behavior. Employees and students have shared responsibility for preventing alcohol abuse and illegal alcohol use at university-affiliated events both on campus and off, assuring compliance with the Drug-Free Schools regulations.
2.0 POLICY STATEMENT
The United States Department of Education's, "Complying With The Drug-Free Schools And Campuses Regulations," [EDGAR Part 86] Certification Requirements state:
The Part 89 regulations require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (IHE) must certify that is has adopted and implemented a program "to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees" both on the institutions premises and as part of any of its activities, in order to comply with the Drug-Free Schools and Campuses Regulations (EDGAR Part 86.100, Subpart B).
Consequently, the University, in good faith and in compliance with the requirements of the regulation, is required to do the following:
- Annually notify each employee and student, in writing, of standards of conduct, a description of the appropriate sanctions, for violation of federal, state, and local law and campus policy; a description of health risks associated with alcohol and other drugs AOD use; and a description of available treatment programs.
The Wheeling Jesuit University ("University") web site link to "Employment & HR" directs employees to the Human Resource website where they will find, on the left side, a menu for
"Policies". This link will in turn direct employees to "Workplace Practices", specifically the University's "Drug & Alcohol" policy. That policy specifies the University's notification requirements, the employee's responsibilities to notify the University of any convictions or sanctions which are incurred, legal sanctions which an employee may experience as a result of such convictions or sanctions, health risks associated with drugs and alcohol, and avoidance techniques.
The University's "Workplace Practices" also contains a "Corrective Action" policy which further defines the University's approach to dealing with violations of the University's Drug & Alcohol policy. Any employee who cannot access these links for information should report to the Human Resource Department for a hard-copy of those policies.
The University also maintains policies that apply to students and prohibit illicit drug use and the underage consumption and excessive consumption of alcohol on campus or at university-affiliated events off- campus. These policies can be accessed through the Division of Student Development and are readily available at www.wju.edu via the Wheeling Jesuit University Student Handbook (note: the Student handbook is updated annually prior to the start of Fall Semester classes).
- Develop a sound method of distributing annual notification information to every student and staff member each year.
- Prepare a biennial report on the effectiveness of its AOD programs and the consistency of sanction enforcement.
Any questions by employee regarding the University's efforts in the area of drug and alcohol enforcement should be referred to the Human Resource Department. Any questions by students should be referred to the Dean of Student Development.
3.0 EFFECTS OF ALCOHOL
3.1Every person reacts differently to alcohol; some people are affected only slightly and others severely. Alcohol is a central nervous system depressant, which means the brain and spinal cord are affected and react more slowly when there is alcohol in a person's system. The more alcohol in the system, the more depressed is the central nervous system, and the greater effect. There are increased incidences of falls, accidents, vandalism, destruction of property, arguments, fights, acquaintance rape, other violence, and risk-taking behavior when a person is under the influence of alcohol. There is diminished performance for 24-72 hours after having had too much to drink because of the by-products produced from the metabolism of alcohol. Since alcohol slows down the coordination, reaction time, and judgment of the user, anyone using alcohol, in any amount, should refrain from operating machinery, automobiles, or engaging in any activity requiring full mental and physical functioning.
Some people are more susceptible to becoming addicted to alcohol than are others. This addiction is more likely to occur if a person drinks alcohol regularly at a young age (before 18) and/or if a parent, grandparent, aunt, uncle, brother or sister has a history of alcohol abuse. There is, as yet, no way to know who is most susceptible to developing alcoholism or any other adverse health effects from alcohol.
Use of alcohol in large quantities can have serious health consequences including alcohol poisoning and death. Long term use of this highly addictive drug can result in abuse and dependency. Women are advised to abstain from alcohol use during pregnancy to avoid Fetal Alcohol Syndrome.
3.2 Legal Sanctions Under Local, State and Federal Law
The intent of the following information is to provide knowledge of possible sanctions for citations and/or arrest for illegal drug and/or alcohol use known to be available; this does not include all penalties under federal, state, and local laws and is separate from University sanctions for on campus conduct proceedings
Students who will seek professional license after graduation should note that some professional licensing agencies could consider alcohol and other drug convictions in determining licensure. Underage purchase of alcohol or misrepresentation of age is subject to a fine up to $500 and three days in jail or probation. Purchase of alcohol for those underage is subject to a fine up to $500 and up to 10 days in jail. Public intoxication is subject to a fine up to $100 and up to 60 days in jail or completion of an alcohol education program or counseling. Driving under the influence of alcohol, or other drugs (includes DUI), depending on circumstances, is subject to incarceration 24 hours to 10 years, a fine of $100 to $5,000, and license suspension six months to life.
4.0 CONTROLLED SUBSTANCES
4.1 Under state law, conviction for possession of a controlled substance is subject to incarceration for up to six months and a fine up to $1,000. Sentences can be double for second or subsequent offenses. Manufacture, possession, or delivery with the intent to manufacture or deliver a controlled substance is subject to, depending on the substance classification, up to 15 years imprisonment and/or a $25,000 fine upon conviction. Sentences can be doubled for subsequent offenses and mandatory prison terms result for convictions involving distribution of controlled substances to minors or within 1,000 feet of the University or other school. Federal sanctions for illegal possession of a controlled substance vary with the conviction, substance possessed, and the quantity of the substance. First conviction is subject to up to one-year imprisonment and a fine of at least $1,000 but no more than $100,000 or both. After one prior drug conviction, the penalty is at least 15 days in prison, not to exceed two years and a fine of at least $2,500 but no more than $250,000 or both. After two or more prior drug convictions, the penalty is at least ninety days in prison, not to exceed three years, and fined at least $5,000 but not more than $250,000 or both. Those convicted of illegal possession of a controlled substance are also subject to denial of federal benefits, such as work-study, student loans, grants, contracts, and to loss of professional licenses and disqualification for a commercial driver's license, for up to one year for the first offense, for life for the second offense.
4.2 Resources for Alcohol and Other Drug Education Counseling and Rehabilitation Services
Wheeling Jesuit Counseling Center:
Suite 101 Whelan Hall
Wheeling Jesuit Health Center:
208 Swint Hall
Hillcrest Outpatient Services:
Suite 501 Valley Professional Center South
2101 Jacob Street
Wheeling, WV 26003
Cross Roads Counseling Services:
255 West Main Street
St. Clairsville, OH 43950
(304) 234-7511 or 800-333-5051
4.3 What are consequences for student violations of the University Alcohol and Illicit Drugs Policy?
Suspected student violations of the University Alcohol and Illicit Drugs Policy are processed through the student conduct system under the direction of the Dean of Student Development and/or his/her designee. Please see the Student Code of Conduct section for more information about the conduct process relatives to cases involving violations of the University Alcohol and Illicit Drugs Policy.
5.0 ALCOHOL USAGE GUIDELINES
5.1 Wheeling Jesuit University strives to promote informed and healthy choices about the use of alcohol and drugs on and off-campus, by all members of the community. Illegal, excessive, and irresponsible alcohol use is not condoned on campus or at campus-affiliated events that take place off-campus.
All members of the University community are subject to all federal, state, county, and municipal laws and ordinances, as well as University regulations and policies regulating the possession, use, sale, and purchase of alcoholic beverages. All students and any guest must be at least 21 years of age to consume or possess alcohol on Wheeling Jesuit University property. Students must comply with West Virginia laws regarding the possession and use of alcohol. No persons are permitted to be on campus grounds with an open container of alcohol; exceptions may be made by the Division of Student Development and/or the President's Office for special events. Containers in which the original seal has been broken or containers that are not able to be permanently sealed may constitute an open container.
5.3 Wheeling Jesuit University strives to maintain an educational environment free from the illicit use of drugs and alcohol. Wheeling Jesuit University prohibits the unlawful manufacture, distribution, dispensation, possession and use of illicit drugs and alcohol on University property and at all University functions. Any Wheeling Jesuit University student or employee determined to have violated this policy will be subject to disciplinary action. This may ultimately lead to expulsion for students, termination of employment for employees, and/or prosecution for both.
5.4 Wheeling Jesuit University offers education, counseling, and referrals for those with alcohol and other drug related concerns. Information on possible drug health effects, drug education, counseling, referral, rehabilitation services, and sanctions is distributed annually to every student via the Student Handbook and is also available through staff in the Division of Student
Development. Students who violate the University's Illicit Drugs and Alcohol Policy will have the record of the offense forwarded to the Office of Residence Life for action; repeat and higher level offenses will be referred to the Dean of Student Development and his/her designee.
5.5 Wheeling Jesuit University's sanctions for the above violations and other actions involving illicit drugs and alcohol vary with each situation. Students who violate these and other illicit drug and alcohol policies or laws face disciplinary action up to, and including, assessment and/or the satisfactory completion of a rehabilitation program, referral for prosecution, and expulsion. Sanctions for students will be governed by the Student Handbook as dictated in each case.
6.0 IN AND AROUND THE RESIDENCE HALLS
The following violations of the University Alcohol Policy constitute a violation of "I" in the Student Code of Conduct. Violations of the University Alcohol Policy will automatically result in a minimum $75 fine; fines will increase with the number and level of violations.
- Underage possession, consumption and/ or sale or furnishing of alcohol by or to persons under the age of twenty-one (21) is prohibited by federal law. Persons who are knowingly present in a room in which federal law is being broken may be held responsible for this violation, as well as underage students who are found to be in the presence of alcohol; underage students may request a breathalyzer test to confirm that they had not consumed alcohol.
- At least one resident must be 21 years of age or older and present for alcohol use to be permitted in a room. The amount of alcohol allowed per 21 year old resident per room is as follows:
- One case of beer (or like beverage) per 21-year old resident of the room, and no more than two cases are allowed in a room at any time. Note: A case of beer is defined as a purchased box of 24-30 bottles/cans of beer.
- No more than the equivalent of half gallon or two 1/5 bottles of hard liquor per 21-year old resident of the room. No more than the equivalent of one gallon or four 1/5 bottles of hard liquor is permitted per room and per 21 year old resident present.
- Additional restrictions on the amount of alcohol allowed in a residence hall room and/or quad will be applied at the discretion of the Director of Residence Life and/or Dean of Student Development and/or his/her designee when there is a cause for concern in regard to legal and responsible alcohol use.
d. Visitors, regardless of age, may not bring additional alcohol into any room in which they do not reside.
- Persons 21 years of age or older may consume alcoholic beverages in their own room or in a room with an assigned occupant also 21 years of age or older.
- Only one open container of alcohol per 21 year old present is allowed at any given time; an open container is defined as any container capable of holding liquid, including but not limited to bottles, cans, and cups
- Empty alcohol containers used as decorations are in violation of Residence Life policy and may be considered an open container and deemed as proof of consumption and a violation of the alcohol policy, when applicable.
- Using and/or possessing items or devices that encourage excessive and/or irresponsible drinking of alcohol (e.g. beer bongs, beer balls, kegs, and funnels), in addition to drinking gamesare prohibited on campus.
- Excessive alcohol use leading to public intoxication or being dangerously intoxicated to the point of putting oneself or others in danger is against campus policy, regardless of age. Students demonstrating such behavior may be held responsible for violating the campus alcohol policy.
- Open containers containing alcohol are not permissible in public areas on campus or in the residence halls (including floor hallways, floor/hall lounges, and quad hallways in Thomas More Hall). Containers in which the original seal has been broken or containers that are not able to be permanently sealed may constitute an open container. Students of legal drinking age may only possess open containers of alcohol while in individual residence hall rooms of residents who are of legal drinking age. Exceptions may be made for organized gatherings in residence hall lounges with the permission of the Office of Residence Life.
- The residence halls are dry halls for residents permitted to remain in the residence halls when they are closed during all University break periods; this includes Thanksgiving Break,
Christmas/Winter Break, Spring Break, and Easter Break. In addition, the residence halls are dry for residents residing in campus housing during the summer between the spring and fall semester No alcohol use is permitted, regardless of student age, during these times. Remaining in University housing while the residence halls are closed and/or during the summer is a privilege that comes additional trust and responsibility; students unable to remain in housing in an alcohol free environment should seek temporary housing elsewhere. Violators of this policy during break periods, including summer housing, are subject to immediate housing suspension.
7.0 AT UNIVERSITY SPONSORED EVENTS
Guidelines for legal alcohol usage at public and private student sponsored social events, include the following:
- The event must be registered with and approved by the Director of Student Activities or his/her designee, through the Program Agreement Form (with all necessary signatures) 14 days prior to the event; registrations will be approved in keeping with guidelines per the University's liquor license.
- The moderator of sponsoring organization or the sponsoring employee, or his/her designee, must attend the entire event and should not consume alcohol during the event. The moderator and/or Security have the authority to terminate any function if University policies are not followed.
- The Director of Student Activities must approve any advertising for events that may intend to include alcohol. Advertising may not promote or depict over-consumption of alcohol or irresponsible drinking. Only responsible alcohol use is allowed on campus and at campus events.
- Safety and Security must be contacted at least 14 days prior to the event to determine if an officer(s) is required. A charge will be assessed for any Safety and Security personnel needed. The officer(s) on duty can terminate the event if any University policies are not followed.
- Any organization serving alcohol is responsible for maintaining the sobriety of its participants. Access to alcohol must be limited to those of the legal drinking age of 21. Professional bartenders may be required to serve alcohol, and be paid by the sponsoring organization. Arrangements can be made through the Director of Student Activities.
- WV State Law prohibits the sale or use of alcohol without a license. In addition, since the University has a license to sell malt beverages, beer and wine in the RATT, we are limited in selling these alcoholic beverages at locations other than the RATT. Exceptions may be made by obtaining a permit for Special Fares and Festivals at a cost; contact the Director of Student Activities three-four weeks prior to the anticipated event for more information and to begin this process.
- Consumption of alcoholic beverages is permitted only within the approved area designated for the event, by individuals 21 years of age or older.
- At all events at which alcoholic beverages are served, the sponsoring group must provide (1) an equal amount of non–alcoholic beverages, and (2) an appropriate amount of food, especially low in salt, throughout the entire event.
- Alcohol raffles and drinking games are prohibited.
- At all off-campus functions, the sponsoring organization will work with the host establishment to ensure the enforcement of legal obligations. A statement to this effect must appear on the signed contract made between Wheeling Jesuit University and the host establishment.
- All membership recruitment functions (e.g. campus organizations, Admissions, or Athletics) will be alcohol-free.
- Participants attending on-campus functions cannot bring alcohol into those events.
8.0 IN THE RATHSKELLER (RATT)
The RATT is a social gathering place for students and other members of the University community. The RATT serves beer, wine coolers, and soft drinks during specified hours of operation. The RATT operates under a State license and is supervised by the Director of Student Activities.
For more detailed information about Rathskeller policies and services contact the Director of Student Activities.
- No underage drinking is permitted. Underage drinkers will face disciplinary action starting at a Level 3 (Conduct Probation) or Level 4 (Suspension) offense for violating this policy. Any individual, including a bartender, may be held accountable for providing alcohol to underage person, whether the alcohol is sold or given to the underage individual.
- Individuals cannot bring beverages, alcoholic or otherwise, into the RATT. All beverages must be purchased in the RATT and consumed in the RATT. The RATT cannot sell alcohol to go and alcohol cannot be taken out of the RATT for consumption.
- Individuals entering the RATT must provide identification upon admittance and/or whenever alcohol is purchased. Individuals who wish to purchase, consume or have alcohol while in the RATT may also be required to receive a hand stamp, wristband, or other means to designate them of legal drinking age.
- RATT personnel have the right and responsibility to refuse entry or to serve alcohol to anyone deemed to be intoxicated or exhibiting inappropriate behavior.
- RATT personnel have the right to create and enforce additional behavioral guidelines and policies specific to student behaviors in the RATT that are not in support of the University's Jesuit, Catholic values.
- Persons wearing provocative clothing may be asked to leave the RATT; enforcement of dress code appropriate for the given activity is up to the discretion of the RATT staff. Closed toed shoes are highly encouraged during events with high participation.
- RATT personnel will file Incident Reports to the proper University authorities for any violations of University policies or state laws.
- RATT personnel and/or other University employees have the authority to temporarily suspend a student from the RATT for violations of these General Policies or the Student Code of Conduct. This suspension will be in effect immediately following the violation and continue until the case is adjudicated through the campus conduct system.
9.0 ALCOHOL AMNESTY
Student Health and Safety are of primary concern at Wheeling Jesuit University. As such, in cases of intoxication, alcohol poisoning, or drug-related medical emergencies, Wheeling Jesuit University always encourages individuals to seek medical assistance for themselves or others.
This policy applies only to those students who seek medical attention for a drug or alcohol emergency and does not apply to individuals experiencing an alcohol or drug related medical emergency that are found by a University Official.
- Students who seek medical attention for themselves related to the use of drugs or alcohol will not be formally charged with a violation of the Wheeling Jesuit University Code of Conduct related to that use, provided that the student subsequently completes an assessment and any other recommended treatment from the Dean of Student Development and/or his//her designee. Failure to complete such assessment may result in additional sanctions being applied.
- Students who seek medical attention for someone else related to the use of drugs or alcohol will not be charged with a violation of the Wheeling Jesuit University Code of Conduct related to that use.
The Alcohol Amnesty policy does not excuse or protect students who repeatedly violate the Universities Student Code of Conduct, in which case the University reserves the right to take judicial action on a case by case basis regardless of the manner in which the incident was reported. Additionally, the University reserves the right to adjudicate any case in which the violations are flagrant violations of the Student Code of Conduct.
The University continues to reserve the right to notify parents as per the Parental Notification policy.
10.0 USE OF BREATHLYZERS
The University reserves the right to ask that students suspected of excessive alcohol use cooperate with the use breathalyzers to assist Residence Life, Student Activities and/or Security personnel in making sound decisions to ensure the safety and well-being of the student in question. Students refusing to cooperate with the use of breathalyzers to determine blood alcohol content and who refuse off-campus medical treatment when it is determined by the University that their physical health is in jeopardy will be subject to immediate Interim University Suspension and asked to leave campus immediately, pending the outcome of a conduct hearing. In these situations, if the student cannot safely leave campus alone, he/she may be asked to wait in the Security Office until a responsible adult (preferably a family member) can come to campus to assist him/her; students will be charged for supervision time pending the ability to safely leave campus.
Students who are not of legal drinking age may request the use of a breathalyzer to prove that they have not consumed alcohol; every effort will be made to honor such request when made. It is the responsibility of students to request the use of a breathalyzer to prove that they have not consumed alcohol; every effort will be made to honor such requests when made. It is the responsibility of students to be aware of University policies, and by not requesting use of a breathalyzer, students may be held responsible for violating the University alcohol policy.
If a student does request a breathalyzer and a positive test result for the consumption of alcohol occurs, then the student may be found responsible for additional policy violations.