1. No person under the age of twenty-one (21) may possess, use, be under the influence of alcohol, or be in the presence of alcohol or alcohol containers.
2. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21) is prohibited and shall constitute a major infraction of college regulations.>/li>
3. Drunken disorderliness is prohibited.
4. Operating a vehicle under the influence of alcohol (to any extent) is prohibited.
5. Intoxication, defined as being under the influence of alcohol to any extent, which involves College staff, causes a disturbance, or is a danger to persons or property, is prohibited.
6.
6. The possession or use of kegs, punch bowls, beer balls, the functional equivalent, or any alcoholic containers, which indicate the probability of common source drinking or bar service, are prohibited and shall constitute a major infraction of College regulations.
7. Drinking funnels or any similar drinking devices are prohibited.
li>Each resident student of legal drinking age, living in a college apartment where alcohol is permitted, may only bring a restricted amount of alcohol into the apartment in which he/she lives. The alcohol may not be brought anywhere but to the apartment where the student lives. This restricted amount is no more than one case (30 pack or less) of beer or its alcoholic equivalent per week. No other students or non-students may bring alcohol anywhere onto the campus at anytime.
8. At any one time, each six-person college apartment where alcohol is permitted may contain no more than four cases (30 pack or less) of beer or its alcohol equivalent; each four-person apartment where alcohol is permitted may contain no more than two and two thirds cases (30 packs or less) of beer or its alcoholic equivalent; and each three- person apartment where alcohol is permitted may contain no more than two cases (30 packs or less) of beer or its alcoholic equivalent.
9. Alcoholic beverages and/or alcoholic beverage containers are prohibited from all residence hall rooms and areas where alcohol is prohibited.
10. Any gathering is prohibited (however large or small) where: a) alcohol or alcohol containers are present; and b) any violation of the student conduct code occurs, including but not limited to where guest(s) under the age of twenty-one (21) are present.
11. Open containers of alcoholic beverages (seal broken) are prohibited from all public areas of the College.
12. The manufacturing of any alcoholic beverage is prohibited.
13. Alcoholic beverages shall not be for sale by anyone not licensed by the appropriate authority.

All violators of these regulations will be brought before the student conduct system for disposition of their cases and shall be subject to the following sanctions:
1. First Offense:
   Ten (10) hours of participation in community events or a work project and completion of College substance education classes. A $100 service fee will be assessed and made payable within thirty (30) days of a college student conduct procedure decision. Additional sanctions may be given for large amounts of alcohol or disorderly conduct. Individual exceptions regarding the modification of attendance at substance education classes will be based solely on academic reasons.
2. Second Offense:
   Suspension from College housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. Depending on the availability of housing and current waiting list procedures, there is no guarantee that a student who is suspended from housing will be able to return to campus to live after their suspension is complete.
3. Third Offense:
   Suspension from College for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment.
4. Additional information regarding the operation and effect of sanctions includes the following:
   a. Failure of a student to follow through with a sanction will result in the automatic elevation of the sanction to the next level after the failure is proven through due process procedures published in the student conduct code.
   b. Subsequent violations of this policy within a period of twelve months will result in progression to the next level of sanction. Unless indicated by other provisions in this policy, once a twelve month period has expired, the next violation shall meet with first level sanctions with an additional sanction of five (5) consecutive weekends of suspension from the College campus.
   c. More than four (4) alcohol policy violations over the course of a student’s College career will result in a Limited Expulsion from the College.
   d. The following violations are considered major offenses and shall meet minimally with an immediate suspension from housing for one (1) full academic semester or more.
   i. The possession or use of alcoholic beverage containers such as kegs, beer balls, or the functional equivalent (whether full, partially full, or empty) as well as punch bowls or any container(s) that indicate the probability of common source drinking or bar service (whether full, partially full, or empty).
   ii. The delivery, gratuitously or for sale, of alcoholic beverages to a person under the age of twenty-one (21).

Permission for the use of alcoholic beverages for student group functions on College property or at College related events shall be obtained from the Vice President, Student Affairs (his/her designee) acting on the recommendation of the College Special Events Alcoholic Beverage Review Board. These procedures can be found in the Office of the Vice President, Student Affairs.

1. Consistent with the Family Educational Rights and Privacy Act, the College shall notify the parent or legal guardian of students under twenty-one (21) years of age each time they have been found responsible for college alcohol and/or other drug policy violations. The College shall exercise discretion not to notify parents/guardians based on documented evidence of an abusive family situation.
2. For the purpose of this policy, Westfield State College “campus” is defined as all buildings (owned, leased, or operated by the College) and all surrounding outdoor property (owned, leased, or operated by the College), including but not limited to parking lots, grass, sidewalks, and forested land.
3. Intoxicated persons shall be subject to police intervention including protective custody, arrest, or other appropriate action. All costs for providing required monitors for intoxicated students and/or their guests will be billed to the student.
4. The College shall have the option to mandate that a student attend substance abuse counseling/education for assistance.
5. In any situation that the College deems to be an emergency, such as a situation where a student is arrested, placed in protective custody, or transported to a medical facility due to incidents related to alcohol and/or drug consumption, the College may notify a parent/legal guardian/or other persons.
6. In the event that a student is suspended from College housing or from the College for any disciplinary infraction(s), including but not limited to, alcohol or other drug infractions, no refund will be given to the student, for any College fees or tuition, unless otherwise specified by federal law, state law, or College policy.
7. In the event that College staff deems a resident to be intoxicated, the student may be asked to return to his/her room, may be asked not to leave the residence hall, may be escorted to another hall in which he/she resides, or may be given other appropriate instructions. Failure to comply with legitimate staff requests/ instructions shall result in student conduct action.
8. Any backpack, bag or similar container that anyone carries onto campus shall be subject to inspection and search by a member of the college staff whenever there exists reason to believe that the container is being used to bring onto campus any alcoholic beverage or other material in violation of college policy.
9. In the event a guest, visitor, or non-student is deemed to be intoxicated by College staff, the host and guest shall be asked to remain in the residence hall until Public Safety personnel have determined if the intoxicated person is in a safe condition to leave the residence hall or have arranged for the person’s removal.
10. Students are cautioned that the possession or use of a false driver’s license or a false Massachusetts liquor purchase identification card is a criminal offense. A student alleged to be in violation of Massachusetts General Law, Chapter 90, Section 24B (possession or use of false driver’s license) or Chapter 138, Section 34B (possession or use of a false Massachusetts liquor purchase identification card) shall have the matter referred to the local district court or motor vehicle registry in addition to the student conduct system.
11. Students are encouraged and expected to seek help from the Public Safety, Residential Life, or Health Services staff when they witness others who are incapacitated due to alcohol or other drug use.

UNITS OF MEASURE

1. DRUG PARAPHERNALIA
   The use or possession of drug paraphernalia on the Westfield State College campus is strictly prohibited. Any student found in possession of drug paraphernalia and found responsible for such possession shall be placed on College probation for one (1) academic year and shall complete ten (10) hours of participation in community events or a work project and College substance education classes and pay the service fee of $100 for these classes within thirty (30) days of a College student conduct procedure decision. A student found responsible for a second offense during their College career shall be subject to College housing suspension for one (1) full academic semester or more and completion of a counseling evaluation and any recommended follow-up treatment. A student found responsible for a third offense during their College career shall be subject to College suspension for one (1) full academic semester or more. Prior to returning to College housing and/or college, the student must provide verification of completion of a counseling evaluation and any recommended follow-up treatment. NOTE: Drug paraphernalia which contains matter that tests positive for an illicit substance may constitute possession (see section B below).



2. DRUG USE OR POSSESSION
   

   The Westfield State College Board of Trustees in upholding state laws and regulations and in supporting the mission of the College requires its agents to enforce college regulations regarding the unlawful use or possession of controlled substances and drugs on the Westfield State College campus. Any student found in possession of an illegal drug substance in any amount, or found to be using such illicit drug substances and found responsible of such possession or use shall (this applies only to first-time offenders) be suspended from housing for one (1) academic semester or more with readmission to occur after verification of completion of a counseling evaluation and any recommended follow-up treatment. In addition the student will complete ten (10) hours of participation in community events or a work project and College substance education classes and be assessed a $100.00 service fee for these classes made payable within (30) days of a College disciplinary procedure decision.

   Any student found responsible for a second offense of possession or use of an illegal drug substance during their College career shall be suspended from the College for one (1) academic year or more with the possibility of returning to the College pending completion of a counseling evaluation and any recommended follow-up treatment, and by the decision of the Vice President, Student Affairs with no right of return after a third offense.

3. POSSESSION WITH INTENT TO SELL OR DISTRIBUTE
   

   Any student found responsible for possession with intent to sell or distribute an illicit substance will be expelled from the College with no right of return.

   Evidence indicating possession with intent to sell or distribute any illicit substance may include, but not limited to, possession of a large amount of an illicit drug substance, and/or possession of any amount of an illicit drug substance combined with other evidence indicating intent to sell or distribute such as weighing devices, cash boxes, bank rolls/large sums of money, cultivating equipment, chemicals used in the manufacture of illicit substances, plastic bags or other quantifying devices.

   
   
4. DRUG SALE OR DISTRIBUTION

   Any student found responsible for the sale or distribution of prescription or illegal substances or drugs on the Westfield State College campus will immediately be expelled from the college with no right of return.

5. TOBACCO PRODUCTS
   

   In considering the dangers of second-hand smoke in following the national trends in reducing tobacco-related health risks, the use of tobacco products (i.e. cigars, cigarettes, pipes, chewing tobacco and other usable forms of tobacco) shall be prohibited inside any campus building except in those areas otherwise permitted by College/housing policy and regulations.

6. OTHER DRUGS
   

   While Westfield State College regulates the consumption of alcoholic beverages and prohibits the use of illicit drugs, the college in promoting an environment directed toward wellness, recognizes that other legal substances may be used in harmful and abusive ways. In an effort to promote personal growth and problem solving without the use or abuse of substances, Westfield State College strongly discourages the abuse of any over the counter substances or prescription drugs. If the college has reasonable cause to believe that a student is abusing such drugs, the college may require the student to complete a counseling evaluation and any recommended follow-up treatment.

   REVIEW

   The responsibility for the formation of future Alcohol and Other Drug Policies and for annual review of existing policies shall rest with the Substance Abuse Advisory Committee and the Vice President, Student Affairs, whose recommendations shall be forwarded to the Student Government Association for consultation, and to the College President for review and implementation. All matters involving student personnel policies, including the Alcohol and Other Drug Policy, rest in the ultimate authority of the President and the Board of Trustees of the College.

   Dissemination of this policy shall include inclusion in the Student Handbook, the College Bulletin, and other appropriate publications, discussion at all orientations of new and transfer students, and regular review and dissemination by Residential Life and Student Affairs staff.

   Revised: 2000, 2002, 2004, 2006.