University Alcohol Policy

1. LEGAL CONTEXT

The sale, service, possession, and consumption of alcoholic beverages are regulated by North Carolina General Statutes, Greenville City Code and University Policies. All members of the University community are obligated to obey these laws, policies, and ordinances. The University does not have the right to alter the laws or ordinances, or secure exemption from them. The University may be required to participate in the enforcement of the laws and ordinances.

2. DEFINITION OF UNIVERSITY JURISDICTION

Jurisdiction of the University alcohol policy shall extend to every student currently enrolled for coursework at East Carolina University and to currently employed faculty and staff. It shall also extend to properties owned by the University or leased by the University for the University’s use.

3. LEGAL REQUIREMENTS OF THE STATE OF NORTH CAROLINA

In summary, North Carolina General Statutes as stated in the Alcoholic Beverage Control laws provide:

• 3.1 Sale of alcoholic beverages
  • 3.1.1 State law prohibits the sale of any alcoholic beverage on the university campus by any person, organization, or corporation on the campus of the university, except by a hotel, a nonprofit alumni organization with a mixed beverages or special occasion permit, or at a stadium, athletic facility, or arena on campus if approved by the Board of Trustees with an appropriate permit.
• 3.2 Possession and consumption of alcoholic beverages
  • 3.2.1 It is unlawful for any person less than twenty-one (21) years of age to consume, possess, and/or purchase malt beverages, unfortified wine, fortified wine, spirituous liquor, or mixed beverages.
• 3.3 Sale to or purchase by underage person
  • 3.3.1 It is unlawful for any person to sell or give any alcoholic beverage to a person less than 21 years old.
• 3.4 Aider and Abettor
  • 3.4.1 It is unlawful for any person to aid or abet another in violation of 3.2 above.
• 3.5 Fraudulent Use of Identification
  • 3.5.1 It is unlawful for any person to obtain or attempt to obtain alcoholic beverages by using or attempting to use:
    • 3.5.1.1 A fraudulent or altered driver’s license; or
    • 3.5.1.2 A fraudulent or altered identification document other than a driver’s license; or
    • 3.5.1.3 A driver’s license issued to another person; or
    • 3.5.1.4 An identification document other than a driver’s license issued to another person.
• 3.6 Allowing Use of Identification
  • 3.6.1 It is unlawful for any person to allow the use of his or her driver’s license or any other identification document by any person who violates or attempts to violate 3.2 above.
• 3.7 Conviction Report Sent to Division of Motor Vehicles
  • 3.7.1 A violation of 3.2, 3.3, 3.4, 3.5 or 3.6 may result in the court filing a conviction report with the Division of Motor Vehicles. The Division may revoke the person’s license for a period of one year upon receipt of the conviction report; there is no limited driving privilege.

4. GREENVILLE ORDINANCE

• 4.1 SEC. 12-1-2 CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC. (A) Malt beverages and unfortified wine; general prohibition. It shall be unlawful for any person to consume a malt beverage or unfortified wine on any public street in the city or any public place owned, occupied, or controlled by the city. It shall be unlawful for any person to possess an open container of malt beverage or unfortified wine on any public street in the city or any public place owned, occupied, or controlled by the city. (Greenville Ordinance No. 358 and 360)

5. UNIVERSITY POLICIES ON POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES:

• 5.1 Prohibition on possession, consumption, and sale of Alcoholic Beverages
  • 5.1.1 Possession, Consumption, and Sale of Alcoholic Beverages are prohibited (a) for all persons under the age of 21; (b) in areas of classrooms being used for instructional purposes; and (c) in all other buildings, facilities, and grounds of the University except in instances described in provisions 5.2 below, or in other areas when and as approved by the Chancellor or his or her designee.
  • 5.1.2 In any instance where the sale of alcoholic beverages is allowed in this University Alcohol Policy, the party responsible for the sales must obtain the appropriate N.C. Alcoholic Beverage Commission permit(s), allowing the sale, in advance of the event for use by the University’s official catering vendor or other University approved bartenders. It is suggested that such permits must be applied for 45-60 days in advance of the event to assure receipt in time for the event to occur.
  • 5.1.3 Events for which an appropriate N.C. ABC permit must be obtained would include, but are not limited to, any instance where alcoholic beverages are sold utilizing a “cash bar” or where a ticket or other form of admission is sold to an event which includes “drink tickets” or the service of alcoholic beverages as part of a meal or reception.
• 5.2 Permitted Possession, Consumption, and Sale of Alcoholic Beverages
  • 5.2.1 Residence Halls and Surrounding Areas: Possession and Consumption of Alcoholic Beverages by those 21 years and older are permitted if those persons who use or possess alcoholic beverages shall do so legally as prescribed by the laws of the state of North Carolina, within the regulations of East Carolina University, and in a manner that does not disrupt the lives of others. A student whose conduct is outside these parameters will be subject to university disciplinary proceedings pursuant to the ECU Student Code of Conduct.
    • 5.2.1.1 Students who are 21 years of age or older are allowed to possess and consume in their own rooms or in the room of another resident who is 21 or older. Guests who are 21 or older may consume alcohol only in the room of a resident who is 21 or older. Neither residents nor guests may possess or consume alcohol in the room of any underage resident. Students and guests who are 21 or older and who possess or consume alcohol in a room where an underage guest or resident is also possessing, or consuming alcohol are violating the alcohol policy.
    • 5.2.1.2 Common sources of alcohol (i.e., kegs, party balls, punch bowls, etc.) are prohibited in residence halls or surrounding areas.
    • 5.2.1.3 Residents are not permitted to have a party in their room where alcoholic beverages are served. A party is defined as being more than six people in a room, regardless of age.
    • 5.2.1.4 The resident(s) of the room are responsible for the behavior of the people in the room, including guests.
    • 5.2.1.5 Manufacturing of alcoholic beverages is prohibited in the residence halls.
    • 5.2.1.6 The possession of alcohol is prohibited in the room of any underage students.
  • 5.2.2 Non-Residential University Property: Possession and consumption of alcoholic beverages in nonresidential buildings on University property and areas other than the private rooms in University housing facilities are prohibited except as allowed under provisions of the University Regulation regarding the Possession, Consumption and Sale of Alcoholic Beverages, REG01.15.11.
  • 5.2.3 Student Organizations: Student Organization requests for permission must be obtained from the Associate Vice Chancellor of Student Involvement and Leadership. Requests must be made at least three (weeks in advance of the event and during the regular office hours.
    • 5.2.3.1 Space reservations must be made with the University Central Reservations Office in the Main Campus Student Center (328-4731) and should be submitted at least three (3) weeks in advance.
    • 5.2.3.2 The Associate Vice Chancellor of Student Involvement & Leadership ensures a copy of the form is provided to ECU Campus Police if the request for Campus Approval of Alcoholic Beverage use is granted.
    • 5.2.3.3 An adviser or staff member representing a student organization and approved by the Associate Vice Chancellor must be in attendance for the duration of any function where alcoholic beverages are served.
    • 5.2.3.4 The officers of the sponsoring organization must ensure adequate safeguards are in place for compliance with federal, state, and municipal ordinances and laws and all University policies during events at which alcohol is served or consumed.
    • 5.2.3.5 Alcoholic beverages must be purchased by the sponsoring organization and distributed by a bartender through the university’s official catering services.
    • 5.2.3.6 The purchase of alcoholic beverages with student fees is prohibited.
• 5.3 Discipline and Enforcement
  • 5.3.1 Infractions of University policy are grounds for disciplinary actions, which may (at the discretion of the University) be adjudicated at the University level in addition to being adjudicated in the court system.
  • 5.3.2 In circumstances where alcohol is indicated to be contributing factor relating to any violation of any applicable law, policy or regulation, students, faculty, and staff may be required to participate in an alcohol education program.
  • 5.3.3 A person who violates state or local law or University policy while intoxicated remains fully responsible for his or her actions and the consequences thereof. The consumption of alcohol and/or the results of such consumption are never considered to compromise personal responsibility or accountability.
  • 5.3.4 The sponsoring organization and university designated representative shall be responsible for the enforcement of all University alcohol policies and regulations. Failure to comply with any of these policies and regulations may result in a suspension of recognized student organization status and/or student/organization charges under the East Carolina Student Code of Conduct as well as university disciplinary action.
  • 5.3.5 At parties or events held on property within the jurisdiction of the University, violations of the policies set forth in this document may lead to the termination of the event by either a University staff person(s) and/or a Campus Police official(s) and disciplinary action against its sponsor.
  • 5.3.6 Intoxicated/disorderly persons will be barred from entering the University’s facilities or will be removed from the facilities according to Campus Police protocol.