Alcohol Policy

Alcohol and Substance Abuse Policy
Framingham State University (hereinafter “University”) adheres to the principles of the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act. Students who are employed on campus are expected to comply with expectations for University employees in this area (for more information, please visit the FSU Human Resources site, https://www.framingham.edu/about-fsu/human-resources/), in addition to student alcohol and drug policies.

Alcohol Policy
I. Philosophy
Framingham State University provides opportunities for both academic and social development. Informed and responsible decision-making is an important aspect of that development. When making decisions about the use or non use of alcoholic beverages, it is important to remember that the consumption of alcoholic beverages is a privilege, which can and will be denied.

II. Policy
A. General Policies and Procedures
Functions sponsored by faculty, staff, and recognized campus organizations may be attended only by the members of the Framingham State University community and their guests.  The sponsoring organization, individual, or office will be held responsible for ensuring compliance with state and local laws.  Registered student clubs wishing to sponsor events which involve the sale and/or consumption of alcoholic beverages shall proceed through the Center for Student Experience and Career Development under the authority of the Dean of Students, or designee.

Scheduling of functions by faculty and/or staff which involve the sale and/or consumption of alcoholic beverages must be approved by the appropriate area Vice President.  Alcoholic beverages shall be prohibited from the classroom unless there is prior approval by the Vice President of Academic Affairs, or designee.  Whenever alcoholic beverages are served, it is expected that servers distributing alcoholic beverages check proper identification to ensure that all those consuming alcoholic beverages are of legal drinking age. Server arrangements for on-campus events must be made with, and supervised by, the Office of Campus Events.  Sufficient food and alternative non-alcoholic beverages must be made available in proportion to the total number of people in attendance.  All groups authorized to use Framingham State University facilities must comply with the Alcohol Policy of the University.  Alcoholic beverages cannot be used as gifts or prizes at any University-sponsored event or activity.  Individual students or guests may not possess or consume alcoholic beverages, except as allowed at sanctioned campus events.

Public intoxication is prohibited. Public intoxication is defined as an intoxication which causes a disturbance; or, is dangerous to self, others, and/or property; or, in any way requires the attention of University staff.  The furnishing of alcoholic beverages for students under 21 years of age is in violation of  State Law and the University Alcohol Policy.

B. Guidelines for Distribution and Marketing of Alcoholic Beverages
Alcoholic beverage marketing programs specifically targeted for students and/or held on campus grounds should conform to this policy, the FSU Student Code of Conduct and the Campus Posting Policy.

Promotion of alcoholic beverages should not encourage any form of alcohol abuse nor should it place emphasis on quantity or frequency of use. The consumption of beer, wine, or distilled spirits should not be the sole purpose of any optional activity. Principles of good hosting should be observed including the availability of alternative non-alcoholic beverages, food, and planned programs.

No uncontrolled sampling or other promotional activities, including “drinking contests,” will be permitted as a part of any campus marketing programs.  Promotional activities should not be associated with otherwise existing programs, nor without the consent of the Dean of Students or designee.  Display or availability of promotional material should be determined in consultation with the Dean of Students, or designee.  Informational marketing programs should have educational value and subscribe to the philosophy of responsible decision-making and legal use of the products represented.  Alcoholic beverage marketers should support campus alcohol awareness programs that encourage informed and responsible decision-making.

If permitted, alcoholic beverage advertising on campus or in institutional media, including that which promotes events as well as product advertising, should not portray drinking as a solution to personal or academic problems of students or as necessary to social, sexual, or academic success.  Advertising and other promotional campus activities should not associate alcohol consumption with the performance of tasks that require skilled reactions such as the operation of a motor vehicle or machinery.

C. Event Planning Requirements
The following process will be adhered to when selling or dispensing alcohol at Framingham State University. Exceptions and exemptions from this policy are not permitted.   A one-day liquor license must be obtained for any and all events held at Framingham State University where alcohol is sold or dispensed.   When planning an event at the University during which alcoholic beverages will be sold or dispensed, notice must be given to the Campus Events Office, via the completion of the University Reservation Request process, at least 4 weeks in advance of the event.

Upon timely notification and at least three weeks prior to the event, the Coordinator of Campus Events will contact a licensed, insured, and Town of Framingham approved bartending service provider, to file the Application for Special One-Day Liquor License with the appropriate office of the Town of Framingham.  The Coordinator of Campus Events will ensure that all requirements noted on the Application for Special One-Day Liquor License are met.  Upon receipt of the one-day liquor license, the Coordinator of Campus Events will send one copy to the Framingham State University Police Department for filing. The Coordinator of Campus Events will post the original license at the site of the event where alcohol is being served.  At no time will alcohol be served on the Framingham State University campus without a valid one-day liquor license posted at the event and on file with University Police.  At all events where a liquor license is required either a University or Town police detail officer will be on duty at the event for the entire period of time that alcohol is being served.  Service will be carried out by trained alcohol servers hired by the University personnel.  No organization is permitted to bring its own alcoholic beverages onto the Framingham State University property for the purpose of sale, distribution, or consumption.

The event must comply with all policies as specified in these sections (A through C).

D. Residence Halls
The Dean of Students has the responsibility for granting any privileges regarding alcohol consumption in the residence halls. At the present time, students may not possess or consume alcoholic beverages beyond the threshold of the outside entrance door into the residence halls.  Any alcohol that is brought past the front doors will be confiscated and not returned if it is determined in a hearing that there was unlawful possession. Small amounts of alcohol may be thrown away.   A nonstudent guest whose alcohol is confiscated will be asked to leave campus. The guest will receive a letter explaining that their presence will not be allowed on the campus without written permission from the Dean of Students or designee.  Residents and their guests are not permitted to have alcohol in the residence halls, with the exception of Residence Life Professional Staff.  Alcohol policy violation sanctions are cumulative and will be imposed through a student’s career at the University and not per academic year

E. Minimum sanctions for violation of the Alcohol Policy

Violations of the Alcohol policy are considered cumulative at Framingham State. Accordingly, sanctions for such violations will be imposed through a student’s career at the University and not per academic year. As a reminder, sanctions listed below are typical minimums and additional sanctions may be imposed where deemed appropriate by the Dean of Students or designee.

Framingham State University differentiates prescribed minimum sanctions based upon the severity of the associated behavior and whether the violation featured either (1) Minimal Disruption or (2) Significant Disruption. Minimal Disruption is defined as the absence of FSUPD response, as well as the absence of violations which compound the egregiousness of the behavior (e.g. violence, harassment, disorderly behavior, public intoxication, furnishing alcohol to those under 21, destruction/defacement of property, etc.). Presence of any such factors may constitute Significant Disruption.

First Violation Minimum Sanctions:

1. First Violation – Minimal Disruption

a.  Successfully complete the Alcohol Education & Assessment Program with Wellness Education. This program will require an online component and one (1) meeting with Wellness Education.

b.  One (1) calendar year of Disciplinary Warning.

c.  Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

d.  Participation in one (1) Alcohol Education Workshop offered by Wellness Education.

     2.  First Violation – Significant Disruption

a. All sanctions listed above for a first violation of the Alcohol policy with minimal disruption.

b.  Restriction from all residence halls for two (2) consecutive weekend periods (Friday at 6:00 PM through Sunday at 6:00 PM). Resident students will lose residency and access to residence halls for this period without refund of housing charges.

At the discretion of the hearing officer, resident students may receive the option of a $175 charge in lieu of restriction from residence halls following a first violation of the alcohol policy. The option of a $175 charge will not be available in cases where the alcohol policy violation required intervention by University Police or other emergency personnel.

Second Violation Minimum Sanctions:

1. Second Violation –Minimal Disruption

a.  Restriction from all residence halls for one (1) full week, including weekdays. Resident students will lose residency and access to residence halls for this period without refund of housing charges.

b.  Required Substance Abuse Assessment by a substance abuse therapist approved by the Dean of Students. Sanctioned students will be required to adhere to all written recommendations from this assessment.

c.  Disciplinary Probation that replaces the remainder of any Disciplinary Warning, plus one (1) additional calendar year of Disciplinary Probation.

d.  Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

2. Second Violation – Significant Disruption

a.  All sanctions listed above for a second violation of the Alcohol policy with minimal disruption, with the following change:

i.  Restriction from all residence halls is extended to two (2) full weeks, including weekdays. Resident students will lose residency and access to residence halls for this period without refund of housing charges.

Third Violation Minimum Sanctions:

1. Third Violation

a.  Suspension from the University for a period of not less than sixteen (16) weeks.

b.  Required Substance Abuse Assessment, evaluation and treatment plan with a substance abuse therapist approved by the Dean of Students, or designee, required to be eligible for readmission to the University.

c.  Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

F. Pertinent Laws
I. City of Framingham Policy Regarding Alcohol:
No person shall drink any alcoholic beverages as defined in Chapter 138, Section I of Massachusetts General Laws while on, in, or upon any public way, or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of the By-laws shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession. Approval by the Attorney General, July 15, 1974. Published July 22, 23, 24, 1974.

II. Laws of the Commonwealth
The following statements are derived from the Commonwealth restricting the procurement and sales of alcoholic beverages to persons twenty-one years of age and older as generally set forth.
a. No person or group may sell alcoholic beverages without an appropriate license granted by the Commonwealth through the Framingham Board of Selectmen. M.G.L.A., c. 138, sec. 2.
b. No person shall supply, give, or provide to, or allow a person under 21 years of age to possess alcoholic beverages on premises or property owned or controlled by the person charged. M.G.L.A., c. 138, sec. 34.
c. No person shall disturb the peace in any way while intoxicated. M.G.L.A, c. 138, sec. 2.
d. No person shall drive a motor vehicle while under the influence of alcoholic beverages. M.G.L.A., c. 90, sec. 24, 2) (a).
e. No person or group shall otherwise procure or purchase alcoholic beverages for purpose of consumption by a person under twenty-one years unless the acquiring person is the spouse, parent, or guardian of the person under twenty-one.
f. A person under twenty-one years of age shall not use the licenses of another, or alter or deface such a card, and shall not knowingly transport or carry on his/her person any alcoholic beverages, unless accompanied by a spouse, parent, or guardian. M.G.L.A., c. 138, sec. 34B and 34C.
g. No person shall be served alcohol without the appropriate ID, that being a valid state driver’s license or a valid U. S. Passport. According to the Massachusetts General Laws Amended, Chapter 138, section 34A, or the Liquor Control Act, any person under 21 years of age who purchases alcoholic beverages, who procures alcoholic beverages in any way, who willfully misrepresents his/her age, who alters, who defaces, who falsifies his or her identification with intent to purchase alcoholic beverages, shall be punished by a fine up to $300.00.

III. Outline of the Laws for Driving Under the Influence of Alcohol; Melanie’s Law
“Melanie’s Law” was signed into law on October 28, 2005. Its purpose is to enhance the penalties and administrative sanctions for Operating under the Influence (OUI) offenders in Massachusetts. The information below highlights the new penalties under the law and those sections that pertain to RMV suspensions.

Operating Under the Influence of Alcohol While Already Suspended for OUI
Melanie’s Law establishes a new offense of Operating under the Influence of Alcohol and Operating after Suspension for Drunk Driving. This means that a driver, who was driving under the influence of alcohol while his/her license was already suspended for OUI, can be charged with two crimes at once:
1.) OUI and
2.) OUI with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence.

New Law
OUI while operating after a suspension for a previous OUI offense
Penalty
1-year minimum mandatory sentence – 2 ½ years imprisonment in a house of correction and a fine of $2500 – $10,000.
Loss of License
1 year license suspension

Employing or Allowing an Unlicensed Operator to Operate a Motor Vehicle
Melanie’s Law has defined the penalties for allowing or employing an unlicensed driver (including relatives, friends, or known acquaintances) to operate a Motor Vehicle.

New Law
No person shall employ an individual with a suspended license as a motor vehicle operator.

Penalty
1st Offense = up to a $500 fine
2nd Offense = up to 1 year imprisonment in a house of correction and/or a fine up to $1000
Loss of License
License and/or registration suspension up to 1 year

New Law
No person shall allow a vehicle owned by him/her or under his/her control to be operated by an unlicensed person

Penalty
1st Offense = 1 year imprisonment in a house of correction and a fine of not more than $500
2nd Offense = 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
Loss of License
License and/or registration suspension up to 1 year

New Law
No person shall allow an individual with an Ignition Interlock restriction to operate a vehicle not equipped with the device

Penalty
1st Offense = 1 year imprisonment in a house of correction and a fine of up to $500
2nd Offense = up to 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
Loss of License
License and/or registration suspension up to 1 year

Child Endangerment While Operating a Motor Vehicle Under Influence of Alcohol
Melanie’s Law creates a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle. This means that a driver can be charged with two crimes at once:
1.) OUI and
2.) Child Endangerment While OUI.

New Law
Operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger in the vehicle

Penalty
1st Offense = 90 days – 2 ½ years imprisonment in a house of correction, and a $1,000-$5,000 fine.
2nd Offense = 6 months – 2 ½ years in a house of correction and a fine of $5000 – $10,000, or 3-5 years in a state prison
Loss of License
1st Offense = 1 year license suspension
2nd Offense= 3 year license suspension

Registration Cancellation
Melanie’s Law allows the Registry to cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.

Vehicle Forfeiture
Melanie’s Law allows a District Attorney to seek forfeiture of a motor vehicle for any defendant convicted of a 4th or subsequent alcohol-related driving offense.

Chemical Test Refusal or Failure
Melanie’s Law eliminates the allowance of a 15-day temporary license. In addition, the operator’s vehicle will be impounded for 12 hours. The license suspension periods for refusing a chemical test have increased as well.

License Suspension Periods for Refusing a Chemical Test

Note: For this table, a prior operating under the influence (OUI) offense refers to a court conviction for OUI or a court-ordered assignment to an alcohol education program. Chemical test refusals do not count as prior OUI offenses.

LICENSE SUSPENSION

Drivers No Prior OUI Offenses 180 days
over age 21 1 Prior OUI Offense 3 years
2 Prior OUI Offenses 5 years
3 or more Prior OUI Offenses Lifetime

License Suspension Periods for Refusing a Chemical Test

LICENSE SUSPENSION

Drivers No Prior OUI Offenses 3 years+180 days
Age 18 – 21 1 Prior Offense 3 years+180 days
2 Prior Offenses 5 years+180 days
3 or more Prior OUI offenses Lifetime

Note: The additional 180-day suspension for drivers under age 21 is designed to get youths charged with OUI who refuse a chemical test to undergo alcohol education. It does not matter what happens with your court case. Even if you win the case, it will not change the requirement for you to take an alcohol education course. If this is your first OUI case, the 180-day suspension can be waived upon entry into a Department of Public Health (DPH) approved alcohol education program.

LICENSE SUSPENSION

Drivers No Prior OUI Offenses 3 years + 1 year
under age 18 1 Prior OUI Offense 3 years + 1 year
2 Prior OUI offenses 5 years + 1 year
3 or more Prior OUI offenses Lifetime

Note: The additional 1-year suspension for drivers under age 18 is designed to get individuals charged with OUI who refuse a chemical test to undergo alcohol education. It does not matter what happens with your court case. Even if you win the case, it will not change the requirement for you to take an alcohol education course. If this is your first OUI case, the 1-year suspension can be reduced to180 days upon entry into a Department of Public Health (DPH) approved alcohol education program.

Manslaughter by Motor Vehicle
Melanie’s Law creates a new crime of Manslaughter by Motor Vehicle. Any driver who commits manslaughter while operating a motor vehicle while under the influence of alcohol or drugs shall be convicted of Manslaughter by Motor Vehicle.

New Law
Manslaughter while under the influence of alcohol or drugs

Penalty
5 year minimum mandatory sentence – 20 years imprisonment in state prison and a fine of not more than $25,000

Loss of License
15 years – lifetime license suspension

Motor Vehicle Homicide
Melanie’s Law increases the length of license suspension from 10 years to a minimum of 15 years for a conviction of Motor Vehicle Homicide.

Ignition Interlock Devices
Starting January 1, 2006, any driver with a second or subsequent operating under the influence offense who is eligible for a hardship license or for license reinstatement will be required to have an Ignition Interlock Device attached to any vehicle the driver owns, leases, or operates (including an employer’s vehicle) at the driver’s expense. The goal of this device is to protect both the public and the driver from continued unlawful operation of a motor vehicle. Massachusetts now joins a majority of states in utilizing this technology. A driver with a hardship license must use the device for the entire life of the hardship license and for two additional years after the license has been reinstated. If a driver with two or more OUI offenses is eligible for license reinstatement, the Ignition Interlock Device will be required for two years. This two-year period is mandatory (even if the device was used with a hardship license).  A driver who has received a suspension of 5 years or longer for a chemical test refusal will be required to have a device for the balance of the chemical test refusal suspension period if a court orders an early reinstatement.
Installation of the Ignition Interlock Device is a mandatory condition of the issuance of a hardship license or of license reinstatement.  Once the device is installed, a driver will be required to pass a breath test before starting the vehicle. Any blood alcohol reading of greater than .02 will prevent the vehicle from starting. Every 30 days, the driver must return to the vendor, who will upload and transfer data from the device to the RMV.  Failure to comply with the Ignition Interlock Device requirements under the law will result in a license revocation from 10 years to life.
For information on how to obtain and use an Ignition Interlock Device, see the Ignition Interlock Device brochure (this is available in all full-service RMV branches and online at www.mass.gov/rmv)