WHEREAS, North Carolina state law regulates the possession and consumption of alcoholic beverages, and
WHEREAS, the development of campus policies which protect the health and welfare of college students is an important responsibility of the UNCA community, and
WHEREAS, institutional policies, practices and regulations should form the basis for a responsible approach to this aspect of student life, preserving an environment compatible with academic endeavors, and
WHEREAS, inappropriate and irresponsible marketing and promotion of alcoholic beverages on campus can contribute to the problems of alcohol abuse, and
WHEREAS, alcohol abuse poses a serious threat to the health and welfare of a large segment of the college student population through acts of vandalism and property damage, automobile and other types of accidents, lessening of academic performance, estrangement of social relations and, in some cases, bodily injury, illness and death.
THEREFORE BE IT RESOLVED, that The University of North Carolina at Asheville adopt the following guidelines, rules and regulations to govern alcohol possession and consumption and marketing practices on campus.
University policies concerning the possession and consumption of alcoholic beverages do not contravene federal, state or municipal law regarding their purchase, possession or consumption.
Pertinent statutes are as follows:
A. The North Carolina Alcoholic Beverage Control Laws make it unlawful for any person under 21 years of age to purchase, possess or consume; or for anyone to aid or abet such a person in purchasing, and consuming any alcoholic beverage (General Statute 18A-8).
B. Under no circumstance may any type of alcoholic beverage be sold by any person organization or corporation on the campus or property of the university (General Statute 18A-40). (Permits allowing for the sale of any type of alcoholic beverage on the university campus are prohibited by law. The term "sale" is broadly interpreted by law enforcement authorities to include such practices as charging admission to events where alcohol is served. In addition, tickets, other exchanges or lists which are in any way restrictive, or in-kind donations are viewed as indirect payment for alcoholic beverages and are, therefore, illegal).
C. Purchase or possession by a person under 21 years of age is a violation of this law. The infraction is punishable by a fine of not more than $25. The procedure for charging and trying an infraction is the same as for a misdemeanor. A person convicted of an infraction may not be assessed court costs (General Statute 18B-302).
D. Any person who is under the lawful age to purchase and who aids or abets another in violation of purchase or possession shall be guilty of a misdemeanor punishable by a fine up to $500 or imprisonment for not more than six months, or both.
E. Any person who is over the lawful age to purchase and who aids or abets another in purchase or possession shall be guilty of a misdemeanor punishable by a fine of up to $2,000 or imprisonment for not more than two years, or both.
F. It shall be unlawful for any person to obtain or attempt to obtain alcoholic beverages when under the lawful age by using or attempting to use a fraudulent or altered driver's license or any other type of false identification.
G. It shall be unlawful for any person to permit the use of his or her driver's license or any other identification document by any person who purchases or attempts to purchase alcoholic beverages while under the lawful age.
H. A conviction report shall be sent to the Department of Motor Vehicles (DMV) if a person is convicted of any of the above offenses (except purchase/possession by 19 or 20-year-olds). Upon receipt of a conviction report, the DMV shall revoke the person's license.
All individuals should become familiar with the Safe Roads Act concerning drunk driving and driving under the influence of drugs "DWI"/driving while impaired. (A driver may not consume any alcoholic beverage while driving. No person may transport in the passenger area spirituous liquors in any container other than the manufacturer's unopened original container.) It is the responsibility of each individual to be aware of the provisions of the laws and regulations that govern the use of alcohol in the State of North Carolina.
These policies are designed to support the positive healthy use or non-use of alcoholic beverages in a responsible manner.
A. Student fees collected by the university as a part of registration may not be used to purchase alcoholic beverages; this includes Campus Commission for Student Services Funds.
B. Possession or consumption of liquor, fortified wine or mixed beverages (more than 14 percent alcohol by volume) is prohibited on the university campus, except for approved circumstances and locations as specified in Section III, E and F.
C. Possession or consumption of beer or unfortified wine on the UNCA campus is prohibited with the exception of the following conditions:
D. Under those special circumstances where alcoholic beverage will be permitted, the university will require the sponsors to adhere to "good practices" as stated in the UNCA ALCOHOL BEVERAGE PERMIT. Failure to abide by the "good practices" as set forth in the UNCA ALCOHOL BEVERAGE PERMIT will result in loss of privileges to use approved locations and/or prosecution through the student court system.
E. Approved Locations
Students of legal drinking age (21 or older) will be permitted to drink alcoholic beverages in their own rooms or if they are invited guests in another resident's room. Transportation of alcoholic beverages in open containers will not be permitted in the residence halls. Consumption of alcoholic beverages in residence hall common room areas (TV rooms, study rooms, lounge areas, etc.) will not be permitted unless prior written approval is granted by the Office of Housing and Residence Life. Kegs and party balls are prohibited in all areas of the residence halls.
F. Locations Approved by Special Permission
1. Highsmith University Center
a. Students of legal drinking age (21 or older) will be permitted to possess and consume beer and unfortified wine (14 percent or less alcohol by volume) only at approved scheduled functions with appropriate alcohol permit in the Highsmith Center and only within the confines of that function with regard to the time and place of the function.
b. Proof of age will be required at all events where beer and wine are allowed.
c. At no time will alcoholic beverages containing more than 14 percent alcohol by volume (spirituous liquors) be allowed in the Highsmith Center.
d. Permission to have alcohol at a scheduled event requires a UNCA Alcohol Beverage Permit to be completed during regular office hours and approved by the director of the Highsmith University Center at least one week in advance of the event. An ABC permit is also required whenever applicable.
2. Owen Conference Center
Possession and consumption of alcoholic beverages is generally prohibited in this area; however, for certain special events the Chancellor or his/her designated representative may grant a written exception to this policy. In these special circumstances groups may be allowed to possess or consume alcoholic beverages. The written exception shall include the reason for the exception, the area of the center to be utilized and the hours of use. An ABC permit is also required if applicable.
3. Justice Sports, Health and Physical Education Complex
Possession and consumption of all alcoholic beverages is prohibited in areas within and adjacent to the UNCA indoor and outdoor athletic/recreational facilities, except in unusual cases for special events. Advance written permission from the Chancellor or his/her designated representative is required.
4. Academic Space
Possession and consumption of alcoholic beverages is prohibited in all areas within and adjacent to instructional facilities, except in unusual cases for special events. Advance written permission is required from the Chancellor or his/her designated representative, with specific reference to the area and hours of use. At no time will alcoholic beverages of more than 14 percent alcohol by volume be permitted.
Violation of these laws and policies will result in administrative and/or criminal sanctions as set forth in the University Judicial Code or applicable state, federal or local laws.
Students, faculty members, administrators and other employees are responsible for knowing about and complying with the provisions of North Carolina law and university policy on alcohol use, distribution and consumption. Any member of the university community who violates this policy is subject to disciplinary proceedings by the university.
Penalties shall be imposed by the university in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators and other employees, as required by the Student Government Association Judicial Code of The University of North Carolina Asheville; The Code, Board of Governors, The University of North Carolina, Chapter VI, Academic Freedom and Tenure, Section 603, Due Process Before Discharge or the Imposition of Serious Sanctions, appropriate sections of the current UNCA Faculty Handbook,and the University Personnel Policies for Designated Employees Exempt From the State Personnel Act, The University of North Carolina at Asheville, and by regulations for the State Personnel Commission.
State personnel policy provides that employees subject to the State Personnel Act may not be suspended from employment for punitive reasons for more than three days. Whenever this policy mandates "suspension" of an employee subject to the State Personnel Act as a minimum penalty, that employee must instead be terminated in accordance with the State personnel policy.
On-Campus Events: When the general public is invited to a university event, no alcohol is permitted; therefore, no off-campus advertising of events is permitted when alcohol is allowed. The following guidelines concerning on-campus advertising are set forth:
No mention of beer, wine, etc., is permitted.
Off-Campus Events: Advertising on-campus of events held off-campus which are sponsored or cosponsored by university organizations will contain no mention of beer, wine or any form of alcohol.