Student Conduct Code - Alcohol and Drug Policies
The USF Alcohol Policy adheres to Federal and State laws regarding the purchase, sale and consumption of alcohol. Students, staff and faculty work collaboratively in developing educational programs that will encourage responsible adult behavior. The practice of students accepting responsibility for compliance with federal and state laws with USF’s Alcohol and Drug Policies nurtures adult behavior. Accordingly, each person must assume full personal responsibility and accountability for any of their behavior or the behavior of their guests that violate any University policy. Being under the influence of alcohol is not permissible as an excuse for unlawful behavior or misconduct. Students who violate the provisions of the alcohol or drug policies may be subject to disciplinary action including, disciplinary outcomes suspension or expulsion.
Students at the University of San Francisco may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. The University seeks to remove barriers that might prevent students from seeking the medical attention they need. In order to promote an ethic of shared responsibility and community support, USF encourages students to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or drug use.
Students who seek medical assistance for themselves or seek help for another student due to intoxication of alcohol and/or drugs will be exempted from the standard disciplinary processes outlined in the Fogcutter Student Handbook. Instead, students who have made the effort to seek help for themselves or other student(s) will have the opportunity to meet with a staff member from the Division of Student Life for follow-up and a general wellness check-in, without receiving disciplinary actions.
This policy only applies to a student’s first alcohol and/or drug policy violation for which they are documented; it does not apply to other violations of the Student Conduct Code or University policies that may have occurred during the incident. Any student who abuses the Amnesty policy will be subject to disciplinary action for interfering with the orderly functioning of the University. Criminal investigations and other police action may still proceed at the discretion of the responding law enforcement agency. In some instances, Public Safety may be bound by law to report the incident to local law enforcement agencies.
Alcoholic beverages may not be purchased by undergraduate student organizations with University funds. In accordance with all Federal, State and City laws alcohol may be available for purchase during student organization events. A policy regarding alcohol at student event registration is below.
Alcohol Violations for Students
The following conduct as it relates to alcohol is prohibited on University premises or at University sanctioned events, wherever they may occur. The same conduct though occurring off University premises and not at University events may nonetheless be subject to University outcomes when it adversely affects the University, its educational mission or its community and may result in the initiation of the student conduct process in accordance with the Student Conduct system:
- Use, possession, or procurement of alcohol by persons under the legal drinking age;
- Furnishing, manufacturing, distributing, or selling alcohol except as expressly permitted by law and the university's policies regarding alcohol;
- Public intoxication, possession, or use while on university property or at events except as expressly permitted by university policies regarding alcohol;
- Disruptive behavior or other Code violation due to alcohol intoxication regardless or location or age
- Using alcohol to facilitate incapacitation or forcing ingestion of alcohol without consent;
- Use, or possession, of alcohol in a way that is prohibited by applicable law.
Students hosting guests are responsible for their guests’ adherence to the University alcohol policy.
Alcohol Policies for Students living in University-operated Housing
Alcoholic beverages may only be consumed by residents and their guests who are 21 years of age or older, in the privacy of their residence hall living unit with the door closed and, in an atmosphere, which does not foster excessive consumption or create significant noise or other disturbances.
- Students hosting guests, (including other USF students and non-USF guests) are responsible for their guests’ adherence to the policy.
- Possession and/or consumption of alcoholic beverages in public areas is prohibited. Public areas are all areas other than individual living spaces. Rooms with open doors, rooms with closed doors to which public attention is attracted by excessive noise, hallways, lounges, restrooms, and outdoor areas are considered public areas.
- No kegs, beer bongs, or other equipment for the sole use of consuming alcohol will be allowed in the residence halls or apartments.
- Empty alcohol containers and/or packaging within a student’s room will be considered the property of the student.
- Construction and/or use of drinking game playing surfaces (e.g. beer pong tables) is prohibited.
- Intoxication (regardless of age).
Regulations Regarding Registered Student Organization Events on Campus.
The following policy applies to all student organizations wishing to provide alcoholic beverages at on-campus events.
General Event Guidelines
All events where alcohol will be served must follow these serving requirements, as well as any and all applicable state and local laws, ordinances and regulations, university policies and procedures:
- Self-service of alcohol is not permitted.
- Equally Attractive Non-Alcoholic Beverages (EANABs) and food must be available and easily accessible throughout the event.
- Alcohol service on campus shall include beer and wine only.
- A Licensed caterer or beverage service company must be hired to serve alcohol at the event. The event organizer, over 21 years of age (or other designated person over 21) must attend the event for the entire period that alcohol is to be served.
- Anyone who appears to be under the influence of alcohol and unable to exercise care for one's own safety, should not be served alcohol. Public Safety should be notified if there are further questions or concerns.
- USF students must not be served alcohol unless they are 21 or over and present a valid state-issued ID or passport. All individuals who present valid ID for purposes of consuming alcohol will be given, and are required to wear, identifiable wristbands during the event.
- No open containers of alcohol are permitted on University property at any time, except within the permitted event space.
- The University reserves the right to deny or limit the consumption of alcoholic
- beverages on the campus at any time and to any individual.
- If permission is granted for the consumption of alcoholic beverages, the student organization assumes sole responsibility for compliance with all applicable laws, ordinances, University policies and any fees and sanctions associated with the event.
- "BYOB" events and hard liquor are prohibited on the University campus.
- Alcohol may not be served at events where new member recruitment is the primary focus.
The following are examples of events when alcohol may be served with prior approval:
- Cash Bar- A cash bar must be used if there is a charge to attend the event or alcohol is sold. Examples include charging an event fee, individual drink tickets or cash exchanged for individual drink tickets or cash exchanged for drinks. Registered Student Organization events may have a cash bar at on campus events. Prior approval is required by SLE and EMGS.
- Hosted Bar- A hosted bar may be used if the event is sponsored by a campus department or office. Registered undergraduate Student Organization funds may not be used to purchase alcohol. Graduate Registered Student Organizations may host events with alcohol. AGSUSF funding may be used to purchase alcohol for graduate student organization events. The alcohol must be provided by licensed staff from EMGS.
Drunkenness and public intoxication are unacceptable and those who violate the norm of temperate drinking will be subject to disciplinary outcomes. Accordingly, each person assumes full personal responsibility and will face disciplinary proceedings for any of their actions or the actions of their guest(s) that violate any University policy.
Prior to the Event
- The student organization must follow all procedures when reserving space for the intended event.
- If the intended event involves alcohol, the student organization must complete the REGISTRATION FORM FOR AUTHORIZATION TO SERVE ALCOHOLIC BEVERAGES a minimum of 15 business days prior to the event. The request will be reviewed for approval by Student Leadership & Engagement (SLE) and EMGS.
- All event publicity must comply with all SLE policies including the Alcohol Advertising Policy.
Event Advisors and Security
- Public Safety officers and/or staff from the Division of Student Life are required for on-campus events where students are the primary attendees and where alcohol is served.
- EMGS is the sole provider of alcohol for all Registered Student Organization on campus events. Only beer and wine may be served. Approved staff must be hired for the event to serve alcohol and check IDs.
- The sponsoring group is responsible for the cost of security and approved staff for the intended event. SLE and EMGS will determine the security and staffing required
Regulations Regarding Off-Campus Registered Student Organization Events
This policy applies regardless of where the event takes place or where transportation originates. Organizations may not contract or sponsor events with third-party event promoters. Registered Organizations must meet with Student Leadership and Engagement to discuss event logistics prior to the event. The Assistant Vice Provost for Student Engagement or designee may deny event approval if minimum requirements are not met by the Registered Student Organization. In addition to possible student conduct violations, a Registered Student Organization’s recognition may be removed for ignoring this requirement and/or misconduct related to an off-campus event.
Drug-Free Workplace Compliance
USF complies with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Campuses Act Final Regulations of 1990. The University has a standard of conduct that prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or a part of University activities. The University will impose disciplinary sanctions/outcomes on students and employees ranging from educational and rehabilitation efforts up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.
The University of San Francisco does not permit the use of marijuana for any purpose on university property even if the use meets the qualifications of the California Compassionate Use Act, Proposition 215. Therefore, even students who qualify under Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, provide, or use the marijuana on University-owned or controlled property (including but not limited to residence halls, academic buildings, athletic facilities, and parking lots), or during a University-sanctioned activity regardless of the location.
The following conduct as it relates to Marijuana is prohibited on University premises or at University Sanctioned events, wherever they may occur. The same conduct, though occurring off University premises and not at University events, may nonetheless be subject to University outcomes when it adversely affects the University, its educational mission or its community and may result in the initiation of the student conduct process in accordance with the Student Conduct system:
- Being under the influence, possessing, or use of marijuana or its derivatives, or possessing paraphernalia related to use while on university property or at University events;
- Use, possession, or procurement of marijuana or its derivatives, or paraphernalia related to use by persons under the legal age
- Furnishing, manufacturing, distributing, or selling marijuana or its derivatives except as expressly permitted by law;
- Disruptive behavior or other Code violations due to marijuana/cannabis intoxication regardless of location or age.
- Facilitating incapacitation or ingestion without consent through the use of marijuana or its derivatives.
- Use or possession of marijuana in a way that is prohibited by applicable law.
Drug Violations for Students
The following conduct as it relates to drugs is prohibited on University premises or at University sanctioned events, wherever they may occur. The same conduct, though occurring off University premises and not at University events, may nonetheless be subject to University outcomes when it adversely affects the University, its educational mission or its community and may result in the initiation of the student conduct process in accordance with the Student Conduct system:
- Use, possession, manufacturing, distribution, or sale of marijuana, heroin, narcotics, or any other controlled substance that is prohibited by law. Possession of, intentionally or recklessly inhaling or ingesting substances (including but not limited to bath salts, salvia, K2/spice, nitrous oxide, glue, paint) that will alter a student's mental state is also prohibited.
- The attempted sale, distribution, or manufacture of any controlled substance, illegal drug, and/or drug paraphernalia on University property or at official University functions.
- Use of a prescription drug if the prescription was not issued to the student, or the distribution or sale of a prescription drug to a person to whom the prescription was not originally issued.
- Use or possession of equipment, products, or material that is used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance, including but not limited to bongs, pipes, vaporizers, grinders, scales.
- Being present while others are using or are in possession of illegal drugs.
- The medically unsupervised use of drugs that may involve medical or psychological hazards to individuals on University property or at official University functions that is unlawful or otherwise prohibited, limited, or restricted by University policies or regulations, or may lead to interference with the rights and privileges of others.
- Students hosting guests are responsible for their guests’ adherence to University drug policy.
Federal and State Law – Legal Sanctions
The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or alcohol are regulated by a number of federal, state and local laws. These laws impose legal sanctions for both misdemeanor and felony convictions. Criminal penalties for convictions can range from fines and probation to denial or revocation of federal benefits (such as student loans) to imprisonment and forfeiture of personal and real property. Following is a list of some of the laws pertaining to the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol. The information provided below is illustrative, not exhaustive.
Generally, it is a criminal offense:
- To illegally manufacture, sell, distribute, or possess controlled substances (those listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)) (21 U.S.C. 828, 841, 844, 859, 860);
- To unlawfully possess or possess for sale controlled substances (those listed in Cal. Health & Safety Code 11054, 11055, 11056, 11057, 11058);
- To possess, cultivate, sell or possess for sale marijuana (Cal. Health & Safety Codes 11357, 11358, 11359);
- To use or be under the influence of a controlled substance (Cal. Health & Safety Code 11550); • To transport, sell, or distribute marijuana to a minor or to use a minor to transport, sell, or distribute marijuana (Cal. Health & Safety Code 11361);
- To possess, furnish or manufacture drug paraphernalia (Cal. Health & Safety Code 11362, et seq.);
- To provide any alcoholic beverage to a person under 21 or to any obviously intoxicated person (Cal. Bus. & Prof. Code 25658; 25602);
- To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others (Cal. Penal Code 647(f));
- For persons under 21 to have any container of alcohol in any public place or any place open to the public (Cal. Bus. & Prof. Code 25662);
- To operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher (Cal. Veh. Code 23152);
- For any person under the age of 21 to operate a motor vehicle with a blood alcohol level of .05% or higher (Cal. Veh. Code 23140);
- To have an open container of alcohol in a motor vehicle and for persons under 21 to drive a vehicle carrying alcohol or to possess alcohol while in a motor vehicle (Cal. Veh. Code 23223; 23224);
- To have in one’s possession or to use false evidence of age and identity to purchase alcohol (Cal. Bus. & Prof. Code 25661);
- For any person under age 21 to purchase alcohol (Cal. Bus. & Prof. Code 25658.5).
Behavioral and Educational Programs
The University of San Francisco provides programming about substance abuse for students through Health Promotion Services, Student Housing and Residential Education, Counseling and Psychological Services, Public Safety, and the Division of Student Life. Additionally, the University offers ongoing alcohol screening and education; confidential evaluations; referrals to 12-step and other recovery groups; counseling groups; in-service training; and outreach programs. Students should contact Counseling and Psychological Services or Health Promotion Services for referrals.
Substance Use Information
Short Term: affects moods, dulls the senses and impairs coordination, memory, reflexes, judgment, behavioral changes, self-destructive urges, irritation of the esophagus and stomach (nausea), death
Long Term: central nervous system damage, memory loss, cancer of the mouth, stomach ulcers, inflammation/cancer of the liver, high blood pressure, irregular heartbeat, angina, heart attack, malnutrition 080112
Amphetamines (speed, meth, ice, dex, Ritalin, uppers)
Short Term: increased breathing and heart rate, high blood pressure, increased alertness and energy, impaired judgment, impulsiveness, death
Long Term: severe anxiety, chronic sleeplessness, malnutrition, heart problems, agitation
Cocaine (coke, nose, rock, blow, crack)
Short Term: anxiety, delusions, headache, nausea, impaired judgment, death
Long Term: loss of appetite, dehydration, constipation, impotence, nose and nostril damage, heart problems, psychosis
Designer Drugs (MDMA, X, ecstasy, cat, AMF, TMF, MPPP)
Short Term: euphoria, dizziness, nausea, sweating, increased blood pressure, extreme wakefulness, hyperactivity, loss of appetite, death
Long Term: aggression, depression, mood and sleep changes
Hallucinogens (LSD, acid, shrooms, special K)
Short Term: impaired coordination, increased heart rate and temperature, nausea, detachment, fatigue, hallucinations, paranoia, mental confusion
Long Term: generally unknown, flashbacks, depression
Inhalants (nitrous oxide, whip-its, paint, glue)
Short Term: irregular heart rate, depressed respiratory rate, nose and eye irritation, nausea, vomiting, spasms, headache, suffocations, death
Long Term: brain damage, tremors, poor coordination, speech problems, lung, liver and kidney damage, chromosomal abnormalities
Marijuana (pot, weed, dope, ganja, chronic, purp, grapes, kush, ents, etc.)
Short Term: reddening of eyes, dry mouth, increased heart rate and body temperature, hunger, dizziness, drowsiness
Long Term: upper respiratory problems, lung damage, lower immune system responses, memory loss, concentration impairment
Opiates (Heroin, smack, morphine, black tar)
Short Term: pain relief, mental confusion, drowsiness, nausea, constipation, muscle constriction, low blood pressure and heart rate, respiratory arrest, death
Long Term: chronic constipation, vision impairments, hallucinations
Sedatives (Blues, roofies, GHB, seconal, reds, barbs)
Short Term: dizziness, lethargy, drowsiness, lack of coordination, nausea, death
Long Term: chronic fatigue, vertigo, reduced sex drive, visual disturbances
Short Term: increased heart rate and blood pressure, adrenaline production, muscle relaxation, relief of tobacco withdrawal
Long Term: lung problems, chronic cough, blockage of blood vessels, chronic respiratory infections and problems, reduced fertility, death
The biennial review will be conducted by the University to determine the policy’s effectiveness and implement changes to the program(s) if they are needed, and to ensure that the outcomes outlined in the policy are consistently applied.