ALCOHOL POLICY
In keeping with the College’s commitment to the lifelong development of the whole person, we affirm the posture of the College to uphold the legal requirements of the Commonwealth of Pennsylvania in regard to the possession, transportation, consumption and distribution of alcoholic beverages. As a Catholic college in the Mercy tradition, we recognize our moral obligation to ensure the well-being of each member of the Mercyhurst community and to discourage behavior which debases human dignity. Therefore, the College is committed to taking the necessary steps to discourage and prevent the wanton, reckless and/or illegal consumption of alcohol that may render short-term and/or long-term harm to the consumer, to his/her neighbor, and to the physical premises of this campus. In order to accomplish this goal, the following guidelines, rules, and regulations are set forth:
LEGAL REQUIREMENTS
As students living in Pennsylvania and as members of the Mercyhurst community, students should be informed of the law and have a responsibility to obey the law, including the following:
Section 6308 of the Pennsylvania Crimes Code states, “A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports and liquor or malt or brewed beverages, as defined in section 6310.6.”
Section 6310.1 of the Pennsylvania Crimes Code states: “…a person commits a misdemeanor of the third degree if he intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age.”
Section 493 of the Pennsylvania Liquor Code states, “It shall be unlawful for any . . . person to sell, furnish or give away liquor or malt or brewed beverages, or to permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, . . . or to any minor, or to habitual drunkards, or persons of known intemperance habits.”
The Supreme Court of Pennsylvania stated in the case of Congini v. Portersville Valve Co., 504 Pa. 157, 470 a. 2d. 515 (1983) that, “social hosts are negligent per se in serving alcohol to the point of intoxication to a person less than 21 years of age, and they can be held liable for injuries proximately resulting from the minor’s intoxication.” That liability can extend to include claims for injuries to the intoxicated minor.
COLLEGE REQUIREMENTS
Municipal ordinances, the Pennsylvania Liquor Code and related state statutes, and federal law govern all matters relating to alcohol. The drinking age in the state is 21 years or older. No person under the age of 21 is permitted to consume, transport, or possess any alcoholic beverages. As a member of the student body, one is required to observe municipal, state, and federal laws. In an effort to promote responsible use of alcohol, Mercyhurst College adopts additional conduct standards for situations involving alcohol. Any activity involving alcohol will be governed by the following, and violations of the alcohol policy will result in appropriate sanctions.
1. Facilitating the consumption of alcohol for person(s) under 21 years of age (i.e. providing alcohol to person(s) under 21 years of age or allowing the underage consumption of alcohol in your residence) is prohibited regardless of the provider’s age.
Facilitating Underage Drinking
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Alcohol Education Class
Possible Parental Notification
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
2. If a student under 21 years of age is found to have consumed, admits to having consumed, or is in possession of alcoholic beverages, appropriate disciplinary action will be taken. Alcohol is not permitted in any on-campus room or apartment where all the residents are under 21 years of age.
Consumption or Possession of Alcohol Under 21 Years of Age
First Offense
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Alcohol Education Class
Possible Parental Notification
Possible Arrest and Prosecution
Second Offense
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Alcohol Education Class
Parental Notification
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
Third Offense
$300.00 Fine and 60 Hours of Community Restitution
Disciplinary Probation
Parental Notification
Counseling Assessment
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
3. No open containers of alcoholic beverages will be permitted in any public area of the campus or campus housing (including but not limited to hallways, laundry rooms, lounges, porches, stoops, and outside areas).
Open Container in an On-Campus Public Area
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Alcohol Education Class
4. No alcohol or alcohol containers, including those used for decoration, are permitted in freshman housing, regardless of the student’s age, or in any apartment where each resident is under 21 years of age.
Possession of Alcohol in Freshman Housing
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Alcohol Education Class
Possible Disciplinary Probation
Possible Parental Notification
Possible Removal from College Housing
Possession of Alcohol in an Alcohol-Free Apartment (all residents under 21 years of age)
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Alcohol Education Class
Possible Disciplinary Probation
Possible Parental Notification
Possible Removal from College Housing
Prohibited Alcohol Container Used as Decoration
$25.00 Fine and 5 Hours of Community Restitution
Written Reprimand
Confiscation of Container
5. Alcoholic beverages may not be sold, including cover charges for social functions where alcoholic beverages will be available.
Operating a Speakeasy (charging for alcohol)
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Possible Parental Notification
Possible Removal from College Housing
Possible Arrest and Prosecution
6. In no event are kegs, beer balls, AWOL devices, pony kegs, beer pong, beer bongs, keg taps or any other container, device, or activity used for mass consumption of alcohol permitted on campus. No event shall include any form of “drinking contest” in its activities or its promotion. (Note: Use of any college property, including bed boards, couches, doors, etc., for a “drinking contest” will also be considered Misuse of College Property.)
Possession of a Keg
$150.00 Fine (per keg, per person) and 30 Hours of Community Restitution
Confiscation of Keg and Related Equipment
Disciplinary Probation
Possible Alcohol Education Class
Possible Parental Notification
Possible Removal from College Housing
Promotion of Mass Consumption
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Alcohol Education Class
Possible Parental Notification
Possible Removal from College Housing
Participation in a Drinking Game
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Disciplinary Probation
Possible Removal from College Housing
Possession of a Device Used for the Mass Consumption of Alcohol
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Confiscation of the Device
Possible Disciplinary Probation
Possible Removal from College Housing
7. A state of intoxication (obvious excessive drinking) is prohibited.
Driving Under the Influence
$350.00 Fine and 70 Hours of Community Restitution
Disciplinary Probation
Alcohol Education Class
Restitution
Possible Loss of Parking Privileges
Possible Arrest and Prosecution
Drunk and Disorderly
$150.00 Fine and 30 Hours of Community Restitution
Disciplinary Probation
Alcohol Education Class
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
Public Intoxication
$50.00 Fine and 10 Hours of Community Restitution
Social Probation
Possible Alcohol Education Class
Possible Arrest and Prosecution
8. In no event may alcohol be served to any person already visibly intoxicated.
Serving Alcohol to Person Who is Visibly Intoxicated
$250.00 Fine and 50 Hours of Community Restitution
Disciplinary Probation
Possible Removal from College Housing
Possible Suspension
Possible Arrest and Prosecution
9. Student health and safety are the primary concerns of the Mercyhurst community. Students are expected to contact Police & Safety or the AD on duty when they believe that assistance for an intoxicated/impaired student is needed. Students and/or organizations that seek assistance from these sources, the individual assisted, and others involved may have applicable alcohol sanctions waived. The granting of any form of amnesty remains a matter of discretion with the adjudicator.
This policy does not preclude taking disciplinary action for violations associated with vandalism, theft, hazing, physical assault, sexual assault, or other policy violations. Amnesty under this policy is a matter of compassion, not a right. It is not to be abused by those who violate the Conduct Code repeatedly.
10. Unless authorization has been granted, no reference to alcoholic beverages may appear on promotional material or advertising for any event sponsored by a College-recognized, student-oriented organization. No reference to alcohol may appear on promotional material or advertising featuring Mercyhurst College.
11. No student or organization representing the College will sponsor any activity on or off campus that violates municipal, state, or federal laws.
12. Students 21 years of age or older may transport authorized alcoholic beverages in the original, closed containers.
13. Food (pretzels, cheese and crackers, sandwiches, etc.) and non-alcoholic beverages must be supplied and available for consumption when alcoholic beverages are available.
14. Any violation of the Alcohol Policy will result in the confiscation or disposal of any related items.
The use of alcohol shall in no way limit the responsibility of students for the consequences of their actions.
Any violations where alcohol plays a significant role may result in required attendance at an Alcohol Education Class.
The Department of Police & Safety, Assistant Directors, and Hall Directors have access to non-invasive alcohol testing devices capable of determining whether or not an individual has consumed alcohol, or if alcohol is present in any drink. Any student who feels that he or she is being unjustly accused of consuming alcohol, or possessing a beverage that contains alcohol, may request to be tested, or to have his/her drink tested. However, if the test proves positive, the student will be charged with providing false information to a college official in addition to the consumption and/or possession of alcohol charge.
In situations involving alcohol or where it is believed a student has been consuming alcohol, but consumption cannot be verified due to a student’s failure to comply or fleeing the scene, it will be presumed that the student has violated the College’s Alcohol Policy and will be charged accordingly.
