ŷ��AV

Alcohol Policy Guidelines

ŷ��AV’s Alcohol Policy is guided by and abides by law outlined by the commonwealth of Massachusetts and the town of South Hadley, Massachusetts. The acquisition, possession, transportation, consumption and distribution of alcoholic beverages is governed by statute and regulation. 

• A person must be 21 years of age or older to purchase, possess, consume and transport alcoholic beverages.
• Use or possession of alcoholic beverages by any persons under the age of 21 years of age is prohibited.
• The presence, possession, or use of kegs by individuals or groups other than at a registered, approved event is prohibited on the College campus.
• Persons 21 years of age and over may use alcohol in the privacy of their rooms providing all guidelines governing guests, noise and appropriate behavior are followed.
• Consumption of alcohol in unapproved areas (e.g., residence hall public space, stairways, corridors, elevators, bathrooms, kitchens, dining rooms, laundry rooms, academic buildings, etc.) will result in disciplinary action.
• Possession of open containers of alcoholic beverages is prohibited in public/common areas or on the grounds of the College, except at registered events or licensed facilities.
• Students requiring medical assistance and/or transport to the hospital for care for the overconsumption of alcohol, whether of legal age or not, is a violation of the alcohol policy and may qualify for medical amnesty. 
• Students under the legal drinking age cannot serve or host alcohol in their residence hall room, including instances where the alcohol is in the possession of or is the property of a person of legal drinking age.

All student groups are also held to the Alcohol Policy and Guidelines for Student Events, which can be found in the . All student events require a sponsor(s) or social chairperson(s) who would be responsible for placing an Alcohol Beverage Service Request.

Drug Policy Guidelines

Members of the College community are expected to follow applicable federal and state laws regarding the use of controlled substances. For the purposes of this policy, controlled substances include medications (prescription or over-the-counter) not used as indicated or prescribed, illegal drugs, and chemical substances not used for their intended purpose. Federal, state and local sanctions for unlawful possession or distribution of illicit drugs range from probation and forfeiture of property to fines and imprisonment.

The use, cultivation, manufacture, sale, distribution, and/or possession of drugs or controlled substances in violation of federal, state, or municipal laws is prohibited by the College and is not permitted in the residence halls, on any College property, or while on College business.

Violations of the drug policy include but are not limited to:

• Possession or use of illegal drugs.
• ​​Use of a controlled prescription medication that was not prescribed to the user; or using one's own controlled substance prescription medication in ways other than prescribed.
• The non-medical use of prescription drugs or over-the-counter medications.
• Failure to report the use, cultivation, manufacture, sale, distribution, and/or possession of illegal substances on any College property to a College official.
• Knowing presence during the use of illegal drugs or the misuse of substances.

Enforcement of the Alcohol and Drug Policy

The College recognizes that it cannot guarantee that this policy or the alcohol or drug-related laws will be honored by everyone. It must therefore rely on the good judgment of students, faculty, staff and other members of the College community to observe the laws and policies. Those who violate these policies &/or laws must be prepared to accept responsibility for their individual or collective actions. Further, they should understand that possible outcomes include disciplinary action, personal liability, fines and/or imprisonment. Students who violate state or federal laws will not be protected by the College and their actions may be subject to civil or criminal complaints. ŷ��AV will not intervene on an individual’s behalf with campus, local or state law enforcement authorities. Public Safety & Service always have the option to arrest. 

Violations of the alcohol and drug policies and dangerous or disruptive behavior that may arise with use/misuse of  alcohol and/or drugs  will be handled by the usual general judiciary procedure under the honor code. 

The involvement of alcohol and drugs with dangerous or disruptive behavior will be considered an exacerbating factor, not a mitigating one. If a student does not choose to follow these policies, the student may receive sanctions ranging from a written warning to suspension or expulsion, depending on the severity of the offense.

Alcohol and Drug Policy Definitions

Possession: The evidence that alcohol consumption has occurred (e.g., empty beer bottles) or drug consumption has occurred (e.g., bong, pipe, etc.).

Intoxication: 

The College considers intoxication requiring medical assistance or a medical transport to the hospital a health emergency. If medical assistance is deemed necessary, the College expects the student to accept transportation to the hospital for medical attention.  

Students who refuse transport will be placed into protective custody as outlined by . There may be instances in which the parental/guardian will be notified in response to intoxication. Please refer to the College’s Policy on Parent Notification.

In addition, the College prohibits students from attending class under the influence of alcohol or drugs and identifies such behavior as unsafe.

Students suspected of being under the influence of substances will be asked to leave the classroom and such an incident would warrant staff/faculty to document the behavior and actions taken. As a follow-up students may be referred to Counseling Service.

Violations regarding alcohol or drugs will be counted as a second offense when a first offense of either policy is already on the record.

The record of each offense remains on file for seven (7) years.

Related Policies

• Smoke- and Tobacco- Free Campus

Alcohol and Drug-free Environment

In compliance with the Drug-Free Schools and Communities Act Amendments of 1989, ŷ��AV has developed this policy in an effort to provide a healthy environment by preventing the use of drugs or the harmful use of alcohol within the College community and in response to the federal drug-free legislation. The Drug-Free Schools and Campus Act, which became law in December 1989, mandates that institutions of higher education adopt and implement a program designed to prevent the unlawful possession, use, dispensation or distribution of drugs and alcohol by students and employees and to provide certification to the Department of Education that such a program is in place.

ŷ��AV prohibits the unlawful manufacture, distribution, dispensation, possession or use of controlled substances and alcohol by any member of the faculty, staff or student body on College property or at any College-sponsored function, whether on or off campus, and requires the cooperation of the entire campus community in its pursuit to maintain a drug-free environment in all aspects of campus life. At certain sanctioned College functions, alcoholic beverages may be allowed but will be monitored.

Any employee or student who violates this prohibition, or who does not cooperate with the College in its attempts to maintain a drug-free environment, will face disciplinary action up to and including termination, expulsion or dismissal from the College and may be required, as a condition of continuing the faculty/staff/student relationship with the College, to enroll at their own expense in a substance abuse counseling and treatment program.

In addition, the Drug-Free Workplace Act of 1988 requires that any employee (including student employees) working at ŷ��AV who is convicted under a criminal drug statute for conduct in the workplace must report this conviction to the College no later than five days after the conviction. Workplace in this instance is defined as a site for the performance of work done in connection with a particular federal grant or contract. Once the College is informed of such a conviction, the College is required by law to notify the federal contractor or grantor within 10 days after an employee’s conviction or within 10 days after it has actual knowledge of such conviction, whichever is earlier. Faculty, staff and students are encouraged to familiarize themselves with resources available in the area for substance abuse, counseling and treatment.

The Higher Education Amendments

On October 7, 1998, the Higher Education Amendments of 1998 became effective, making specific amendments to the Crime Awareness and Campus Security Act of 1990 (20 U.S. C. 10920 and the Family Education Rights and Privacy Act of 1974 (FERPA)(20 U.S. C. 1232g). The following outlines the significant changes to these acts that influence the alcohol and other drug policies at ŷ��AV and all other private and public schools that receive federal funds.

The Amendments to the Campus Security Act expanded the scope of the reporting requirement. It must not only report arrests but also record the number of people referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession.

FERPA generally provides that information about students be protected from disclosure. Generally, the student’s educational record is protected from disclosure. The Higher Education Act of 1998 added a provision that indicates that FERPA cannot prevent a school from releasing information to a parent or legal guardian regarding the use or possession of alcohol or a controlled substance by a student, if the student is under the age of 21 and the institution determines that the student has committed a disciplinary violation with respect to such use or possession.

Medical and Recreational Use of Cannabis Policy

Massachusetts has instituted legislation under Massachusetts Act (Chapter 369) “An Act for the Humanitarian Medical Use of Marijuana” which allows for the controlled use of medical cannabis in the commonwealth of Massachusetts. Thus, citizens of the commonwealth may legally obtain a medical cannabis registration card from the Massachusetts Department of Public Health. However, ŷ��AV students, staff and faculty who legally possess a “medical marijuana registration card” are not permitted to possess and/or use any form of cannabis on ŷ��AV property or at College-sponsored events.

In addition, the commonwealth of Massachusetts through 935 CMR 500.00 has legalized the sale of cannabis for recreational purposes to individuals at least 21 years old. Although Massachusetts law permits the use of medical and recreational cannabis, Federal laws outlined by the Controlled Substances Act (CSA) have classified cannabis as a controlled substance, which prohibits the use, possession and/or cultivation of cannabis. Therefore the use, possession, cultivation or sale of cannabis in any form violates federal law. ŷ��AV must comply with the Drug-Free Communities and Schools Act (DFSCA) (20 U.S.C.1011i; 34 C.F.R part 86) as well as the Drug-Free Workplace Act, which requires a drug-free campus environment. Institutions of higher education such as ŷ��AV must comply with the Drug-Free Communities and Schools Act regulations or risk losing federal funding such as financial aid. Any student, staff or faculty member who violates ŷ��AV policy prohibiting the use and/or possession of illicit drugs (including medical cannabis) on campus may be subject to disciplinary action.

Medical Amnesty Policy

Because the health and safety of students are of primary importance, students are encouraged to take steps to ensure their health and safety, as well as their peers’. For students who choose to consume alcohol, they are expected to use in moderation to avoid compromising personal safety. The College acknowledges that there may be times when students may face medical emergencies involving alcohol and drug use. Therefore, immediate action should be taken when a person’s health and safety are threatened or appear to be in jeopardy. 

Alcohol poisoning can occur with the consumption of alcohol and symptoms can include unconsciousness or unresponsiveness, disorientation or confusion, slow breathing, vomiting, and cool or pale skin. If the affected student is on campus, Public Safety and Service must be contacted (x2304; 413-538-2304) to evaluate the student’s need for medical assistance. If medical assistance is deemed necessary, the College expects the student to accept transportation to the hospital for medical attention.

In order to support students in this effort and decrease the risk that a student will hesitate to seek help in an alcohol- or drug-related emergency, the College has developed a Medical Amnesty Policy to remove concerns about disciplinary action. Students who actively seek help or medical assistance for themselves or when concerned about someone else’s use of alcohol and other drugs will not be subject to disciplinary sanctions.

 The College provides amnesty of the disciplinary process for students who:

• Request medical assistance for themselves.
• Request medical assistance for another person.
• The student for whom medical assistance was requested.

When responding to such alcohol and drug violations, the College will consider the student’s decision to request medical assistance, and in most cases, view the act of seeking medical assistance as good judgment. Thus if it is determined that the Medical Amnesty Policy applies, the students involved will not be subject to violation of the policy, nor will they receive a violation on their disciplinary record. In follow-up with the student granted medical amnesty, the student will meet with the Be Well director to have an opportunity to review the incident, ask questions and/or engage in further education to support future good judgment. 

This provision does not protect repeated, flagrant or serious violations, or violations that caused harm to another person or property. Abuse of the Medical Amnesty Policy may result in disciplinary action by the College. This provision does not preclude or prevent action by Public Safety & Service or other outside legal authorities.