University Alert

North Carolina Central University will operate under Condition 1 (Reduced Operations) of the Adverse Weather and Emergency Event Policy tonight, Jan. 20, beginning at 10 p.m. through Saturday, Jan. 22, 10 a.m. All classes on Friday, Jan. 21, will be held virtually.

POL - 40.13.2 Policy on Alcoholic Beverages

Authority:
Board of Trustees
Responsible Office:
Student Conduct and Community Standards
Contact:
Office of Student Conduct and Community Standards 919-530-6311, studentconduct@nccu.edu
History:
Effective Date: July 1, 1997; Last revised: August 13, 2020

1. Introduction

1.1        Campus underage drinking and alcohol abuse is a significant national problem resulting in consequences such as assaultive and self-destructive behavior, property damage, and loss of life. North Carolina Central University (the "University") is concerned about the harmful effects of illegal and abusive alcohol practices on our campus and in the Durham community. The University is committed to establishing rules and regulations related to alcohol use and to providing appropriate prevention education and alternative activities for students, faculty, staff, alumni and guests. These actions represent a part of the University's comprehensive effort to maintain an environment that supports and encourages wellness, including appropriate decision-making about alcohol use.

1.2        The University also recognizes that many choose not to use alcohol for personal, medical, family, religious and other reasons. These people have the right to live, work and learn in an environment that respects and supports abstinence. This document articulates the policies and procedures governing the use or possession of alcohol at the University in order to assist faculty, staff, students, alumni, and guests in planning for and making intelligent, legal decisions regarding alcohol.

1.3        Persons seeking clarification or further information should contact the University Police (919-530-6106), the Office of Legal Affairs (919-530-6105), or the Office of Student Conduct and Community Standards (919-530-6311).

2.  Scope

This policy applies to all faculty, staff, students, and visitors to the campus, or other University-owned property, as well as to community organizations utilizing the University’s facilities.

3.  Policy Statement

North Carolina Central University prohibits the sale, service, possession, or consumption of alcoholic beverages on the campus, or other University-owned property, subject to the exceptions provided in Section 6 of this policy. No student under the age of twenty-one (21) may purchase, possess, or consume any alcoholic beverages anywhere on the campus of North Carolina Central University. Students 21 years of age or older may not sell or give any alcoholic beverage to a person under 21 years of age or aid or abet such persons in selling, purchasing or possessing any alcoholic beverage.

4.  DEFINITIONS AND SOURCES OF AUTHORITY

4.1 Alcoholic Beverage - Any beverage containing at least one half of one percent alcohol by volume including malt beverages, unfortified wine, spirituous liquor, and mixed beverages.  With respect to provisions of this policy that allow possession or consumption of "alcohol" or "alcoholic beverages", those terms refer to beer or unfortified wine unless an ABC permit allowing service of fortified wine, spirituous liquor and mixed beverages has been issued.

4.2 Malt beverage - Beer, lager, malt, liquor, ale, porter, and any other brewed or fermented beverage containing at least one-half of one percent, and not more than six (6) percent alcohol by volume.

4.3 Unfortified Wine - Any wine of sixteen percent (16%) or less alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine and produced in accordance with the regulations of the United States.

4.4 Closed event – Event wherein only an organization’s members and designated guests are permitted to attend in compliance with room capacities.

4.5 Athletic Facility – As used in this policy, the term “athletic facility” includes the following:

4.5.1 the O’Kelly-Riddick Stadium, including the interior of the facility as well as the exterior grounds and parking facilities of the stadium;

4.5.2 the McDougald-McLendon Arena, including, the interior of the facility as well as the exterior grounds and parking facilities of the arena; and

4.5.3 all other competition venues, including the exterior grounds and parking facilities thereof, owned or leased by the University.

4.6 Permittee – The sponsor or advisor of the organization who has been issued a permit to host an event where alcohol is served.

4.7 Designated Residential Area – A residence hall room, suite or apartment where alcohol may be possessed and/or consumed.

4.8 Common Space - Space of a residential living facility including, but not limited to, hallways, stairwells, elevators and courtyards.

5. State Law and Local Ordinance

5.1 The sale, service, possession, and consumption of alcoholic beverages are strictly regulated by state statutes and local ordinance. The University’s policy is formulated in accordance with state and local law and these laws establish the framework for the policy.

5.2 Pertinent provisions of North Carolina law and the City of Durham ordinances are set forth below to inform the University community of these legal restrictions. Any member of the University community who violates North Carolina law or the City of Durham ordinances may be subject to both criminal prosecution and to disciplinary proceedings by the University.

5.2.1 It is illegal for any person under 21years of age to purchase, possess, or consume any alcoholic beverage. (N.C. General Statute §18B-302)

5.2.2 Subject to the exceptions in Section 6 of this policy, under no circumstances may any type of alcoholic beverage be sold by any person, organization, or corporation on the campus of the University.

5.2.3 No person shall consume any malt beverage, unfortified wine or alcoholic beverage on any property owned or occupied by the City of Durham except as provided in Durham City Code §38-21.

5.2.4 It is against the law for anyone to sell or give any alcoholic beverage to a person under twenty-one (21) or to aid or abet such a person in selling, purchasing or possessing any alcoholic beverage.

5.2.4.1 Any person under twenty-one who aids or abets an underage person in violating this law may be fined $500.00, imprisoned for six months, or both.

5.2.4.2 Any person twenty-one or older who aids or abets an underage person to violate this law may be fined $200.00, imprisoned for two (2) years, or both.

5.2.4.3 It is against the law to consume fortified wine, spirituous liquor, or mixed beverages on a public road, street, highway, or sidewalk.

6. Exceptions to the Policy

Possession and consumption of an Alcoholic Beverage is strictly prohibited on campus, or other University-owned property, except in the following limited circumstances:

6.1 By graduate and professional school organizations, employees and community organizations at special activities and programs subject to the following conditions:

6.1.2 All such activities and programs shall be restricted to closed events and areas specified by the Vice Chancellor for Student Affairs (SA). Exceptions shall be designated by the Chancellor.

6.1.3 The use of alcoholic beverages at a campus event shall be subject to the approval of the Vice Chancellor for SA.

6.1.4  The NCCU Alcohol Beverage Permit and Statement of Responsibility must be filed with the Vice Chancellor for SA seven (7) calendar days prior to the event.

6.1.5  Events at which alcoholic beverages may be consumed can be held only under circumstances in which the host organizations demonstrate reasonable means of ensuring the safety of participants and adherence to state and local laws and university policy, solely determined by the University.

6.1.6  The sponsor or advisor to the organization must be present for the entire event.

6.1.7  University Police must be present for the entire event. Exceptions must be granted by the Chancellor.

6.1.8  Alcoholic beverages shall be used only as complements to an event, not as the main focus.

6.1.8  Common source container alcohols (e.g., kegs) are not permitted at the event.

6.1.8  A sufficient amount of non-alcoholic beverages must be available and featured as prominently as the alcoholic beverages.

6.1.9  Consumption of alcoholic beverages is only permitted within the approved area designated for the event.

6.10   The sponsor or advisor to the organization shall ensure that each person entering an event is checked for proof of legal drinking age. Only the following will be accepted as valid identification:

6.10.1  Driver’s license with picture;

6.10.2   Driver’s license without picture along with both social security card and another form of picture identification;

6.10.3   Military identification card;

6.10.4   Passport; or

6.10.5   Special identification card with picture obtained from the N.C. Department of Motor Vehicles.

6.11   Organizations may only serve malt beverages and unfortified wines.

6.12   Alcohol must be discontinued one (1) hour before the event ends.

6.13   Persons attending the event are prohibited from consuming or possessing any alcoholic beverage other than the alcoholic beverages provided at the event. Persons attending the event may not bring their own alcoholic beverages with them to the event.

6.2    Pursuant to the lawful sale of an Alcoholic Beverage at an Athletic Facility which takes place within 500 feet of the Athletic Facility’s furthest exterior building wall, perimeter fence, or permanent fixed perimeter.

6.3   Consistent with North Carolina law, the possession and consumption of alcoholic beverages by those 21 years of age or older is permitted in one’s residence hall room, suite or apartment or in another room, suite or apartment with the consent of the resident, provided the resident is also 21 years of age or older. The consumption of alcoholic beverages is prohibited in the common spaces of University Housing facilities, including, but not limited to, hallways, stairwells, elevators, and courtyards. Common source containers are prohibited. This policy works in conjunction with the Student Code of Conduct, the Residential Life Community Living Standards and North Carolina State Law.

7. Permittee Responsibilities                                                                                                                                  

7.1. The sponsor or advisor from the organization must apply to the Vice Chancellor for SA to be the permittee of an event where alcohol is served.

7.2. The sponsor or advisor must attend a one-half hour alcohol education and counseling session prior to the issuance of the permit.

7.3  The permittee has sole authority on behalf of the organization over the event (subject to the University) and is also responsible for ensuring that:

7.3.1  Individuals under the age of 21 are not served alcoholic beverages;

7.3.2  Alcohol is not served to those exhibiting unusual behavior, impaired speech or motor coordination, when such behavior appears to be the result of substance abuse or intoxication;

7.3.3 Alcohol obtained at the event is not removed from the permit premises;

7.3.4  Room capacity is not exceeded; and

7.3.5  State and local laws and the University’s Policy on Alcoholic Beverages are not violated.

8. Sanctions

8.1  It is the intent of this policy to prevent and remediate as much as possible through counseling, guidance, and education. However, when these more preferred means are inappropriate or inadequate, disciplinary measures herein specified will be enforced by the University. The initiation of disciplinary actions will be in accordance with established procedures that safeguard the rights of the accused.

8.2  Behavior which violates this policy or violates state or local laws will result in the initiation of disciplinary proceedings against the alleged student or employee offender. 

8.3  Violation of state or local laws may be satisfied by either of the following:

8.3.1  A conviction or a guilty plea resulting from criminal prosecution; or

8.3.2  Independent evidence obtained by University officials, including police officers.

8.4  Students

8.4.1     Depending on the amount of alcohol involved, and those cases involving severe intoxication and/or police or emergency medical response, students found responsible for offenses regarding the use, possession, sale or distribution of alcohol may be sanctioned in accordance with Section 10 of the Student Code of Conduct. Potential sanctions include, but are not limited to the following: Referral to a substance abuse program, disciplinary probation, removal from housing, deferred suspension and suspension.

8.5  Employees

8.5.1 Violations of this Policy by employees may be addressed in accordance with applicable personnel policies of the Office of Human Resources, the Office of the Vice Chancellor for Academic Affairs and Provost, or any other University Administrative Unit and may result in disciplinary action, up to and including termination from employment. Determinations of whether conduct should be addressed pursuant to this Policy are reserved to the discretion of the Vice Chancellor for Academic Affairs and Provost or designee for faculty members and the Chief Human Resources Officer or designee for staff members and affiliates.  Conduct on University premises or elsewhere by employees (including faculty, staff, and contracted affiliates to the University) may give rise to offenses prohibited by this Policy if University interests are implicated. University interests are generally implicated in situations including, but not limited to:

8.5.1.1 Any situation where it appears that the conduct of the employee presents a danger or threat to the health or safety of the employee or other members of the local or campus community;

8.5.1.2 Any situation where it appears that the employee's conduct is detrimental to the educational mission and/or interests of the University or where the conduct occurs during the course and scope of the individual's employment;

8.5.1.3 Any situation where it appears that the conduct of the employee presents a danger or threat to the health or safety of the employee or other members of the local or campus community;

8.5.1.4 Any situation where it appears that the conduct of the employee impermissibly impinges upon the rights or property of others;

8.5.1.5 Any situation where it appears that the conduct of the employee unreasonably disrupts or disturbs the academic or working environment; or functions or activities of the University or any of its organizations, personnel, or guests; and

8.5.1.6 Any situation involving the provision of Alcoholic Beverages to a person under the legal drinking age or otherwise in violation of this Policy.

8.5.2 Impairments on the Job

8.5.2.1 When an employee reports to the worksite impaired by alcohol, the employee shall be subject to disciplinary action in accordance with applicable State, Board of Governors, and University policy up to and including dismissal.

8.5.2.2 Should findings of any investigation into an employee reporting to the worksite impaired by alcohol include substantiated abuse, referral to EAP will be automatic.

8.5.3 Driving While Impaired

8.5.3.1 Any employee, whose job requires a valid operator’s license, and who is convicted of a violation of driving while impaired resulting in revocation of such a license, must report this action to his/her supervisor no later than five (5) calendar days after such conviction.

8.5.3.2 The supervisor shall determine whether revocation shall interfere with a minimum level of job performance.

8.5.3.3 During the automatic ten (10) days operator’s license revocation, a temporary job assignment may be necessary.

8.5.3.4 If revocation of the operator’s license is for one (1) year or less, and no restricted license can be obtained, management may either assign the employee to another job for which he/she is qualified or may separate the employee for cause.

8.5.3.5 In the event the employee is retained, a mandatory referral to the EAP may be required as a condition of continued employment.

8.5.3.6 Failure to notify the supervisor as required by Section 8.5.3.1 shall be cause for disciplinary action up to and including dismissal.

9. Appeals

9.1 Appeal procedures will vary depending on the classification (i.e., student, faculty member, senior academic administrative officer, non-faculty EHRA employee, SHRA employee) of the person facing disciplinary action. These procedures are detailed within the Student Code of Conduct, the NCCU Faculty Handbook, the University SHRA Employee Grievance Policy and the Employment Policies for EHRA Non-Faculty Employees.

10. Dissemination

It is the responsibility of all University administrators, faculty, staff, students, and community organizations to be aware of and to adhere to this policy. As a part of every new employee’s orientation, the policy shall be explained and discussed. Students shall be informed of the policy during student orientation. Information pertaining to this policy is included in the North Carolina Central University Annual Security Report (ASR) that is issued in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).

11. Reporting and Evaluation

Annually, the Vice Chancellor for SA and the Chief Human Resources Officer shall submit to the Chancellor a report on campus activities related to alcohol use and abuse for the preceding year. The report shall include, but is not limited to:

11.1   A listing of the major education activities conducted during this year;

11.2   A report on any alcohol violations, including any sanction imposed;

11.3   An assessment by the Vice Chancellor for Student Affairs and the Chief Human Resources Officer on the effectiveness of the campus program; and

11.4   Any proposed changes to the policy.