Student Handbook – Alcoholic Beverage Policy
A. Principles
1. Rice University is an educational community shared by students, educators, administrators, staff and other community members. This policy establishes a community standard regarding the consumption of alcohol on campus; it was promulgated with input from students and represents a shared approach between students and administrators. This policy recognizes that the effect of one’s conduct can extend beyond oneself and that limitations and constraints are a necessary part of meeting the needs of the community. These rules and guidelines concerning the use of alcohol are consistent with Rice’s community values and state law, and treat students as autonomous adults who are personally responsible for their social behavior. When a student’s actions are contrary to these community rules and guidelines, the University is obliged to take disciplinary action.
2. Rice believes that the governance of alcohol on campus is most effective when the effort is shared between the University and the student body.
3. The University is neither an agent of the state nor a sanctuary for those who violate the law, and it does not act in loco parentis.
4. Rice University cares about its students’ welfare and in all matters, including those involving recreational use of alcohol, discourages students from participating in dangerous activities.
B. Policy
1. The Rice Alcohol Policy does not and has never allowed students under the legal drinking age to consume alcohol. In compliance with Texas law, Rice University and its agents will not sell, serve or provide alcoholic beverages to any student or other individual who is below the minimum legal drinking age. Texas law prohibits persons under 21 from drinking alcohol, except under limited parental supervision. It is illegal to buy alcohol for, or serve alcohol to, those under 21 and for intoxicated persons to be on licensed premises where alcohol is served. Rice University also adheres to the provisions concerning alcohol under the federal Drug-Free Workplace and Drug-Free Schools and Communities Acts. Thus, it is the University’s policy is to prohibit consumption of alcohol by those under 21, and students and other Rice community members must follow all state and federal laws regarding alcohol. This Policy is in addition, and not contrary, to any existing laws or regulations.
2. Alcoholic beverages may not be sold, served, provided or consumed at any event held in public areas of University buildings, held on University grounds and at which students will be present, any event sponsored by a University organization and at which students will be present, or any event that is considered a “public function or party” under this Policy, unless permission is first obtained from the Office of the Assistant Dean of Student Judicial Programs (the “Assistant Dean”).
3. Organizations sponsoring events, on or off campus, at which alcoholic beverages will be sold, served, provided to or consumed by students, must comply with the requirements of this Policy, including notifying in writing the Office of the Assistant Dean and obtaining prior written approval from that office. Sponsoring organizations must also demonstrate that reasonable precautions are taken so that no alcohol will be made available to or consumed by any individual not of legal drinking age nor any individual who is or appears to be intoxicated. The Assistant Dean may require that organizations sponsoring events to demonstrate in writing how they will meet the requirements of this Policy, and the Assistant Dean may require that information be provided after the event demonstrating how the requirements were met.
4. The safety and health of students is a primary concern of the University in cases of possible alcohol intoxication or alcohol-related injury. The University is most concerned that affected students receive proper medical attention. If a student on campus becomes endangered by the use of alcohol, students should not hesitate to contact Rice EMS, the duty of which is to provide medical assistance, not to report violations of policy. When students are in violation of the Alcohol Policy, the response of University officials is one that balances education and/or treatment with an appropriate sanction under the Code of Student Conduct. The purpose of this approach is not only to recognize and sanction policy violations but to also assess a student’s need for additional education and possible treatment for an alcohol problem. This approach, of course, does not excuse those who egregiously or repeatedly violate the Alcohol Policy; nor does it relieve those responsible for injury or harm which result from misconduct.
5. No alcohol will be served to or consumed by undergraduates during Orientation Week. This limitation takes effect no later than at 2 a.m. on the Sunday that new students arrive and ends no earlier than at 12 p.m. the day that the upper-class students return. For official dates and times consult the Office of the Dean of Undergraduates.
6. No Rice University funds or funds collected by the University will be used by colleges, student organizations or individual students for the procurement of alcohol for consumption under the provisions of this Policy except that colleges may use part of the per capita funds they receive each year from the University in support of college activities to fund a college function at which alcohol may be served, including the purchase of alcohol for the event, provided the event complies with the Alcohol Policy in all other respects.
7. The Alcohol Policy and associated regulations will be reviewed regularly. Whenever necessary, the Dean of Undergraduates may convene an Alcohol Policy Advisory Committee (APAC) to provide input on implementation of this policy and potential revisions to it.
8. The college Chief Justices will meet regularly during the academic year to discuss implementation and enforcement issues related to the Alcohol Policy. The Chief Justices may consult the Assistant Dean on these issues at any time.
C. Regulations Governing Use of Alcoholic Beverages at Student Functions
1. General Statement
All community members, including students, are responsible for following state laws and University policies and rules, including this Policy. In addition, the Rice community supports the concepts of shared responsibility and shared governance with students. Therefore, students will have an important role in the execution and enforcement of this policy. The role of college leadership, including the college presidents, socials, and chief justices, is vital for this policy to succeed. For the policy to succeed, that role must be filled by students in good faith.
All organizations, groups, or individuals sponsoring alcohol-related events are responsible for complying with the Alcohol Policy and the law in the conduct of their approved events, as well as for the individual good behavior of their members and guests. Failure to meet these requirements may be a violation of the Code of Student Conduct and may lead to disciplinary sanctions against the individual student, colleges, group, or organization.
2. Guidelines Concerning Location and Manner in Which Alcoholic Beverages May Be Served
a. Host
At least one person will assume the responsibility for every event held in public areas of University buildings, on University grounds at which students will be present and alcohol provided, or any other event considered to be a “public function or party.” This person will act as host for the entire event and must have successfully completed alcohol server training given by Student Judicial Program and the Wellness Center. The host will ensure compliance with the Alcohol Policy, the appropriate University guidelines and regulations, and state and local law. Prior to the event, the host must secure the permission of the Assistant Dean, who will consider the nature of the event in deciding what information and other approvals are necessary before the event may be permitted to occur. Typically, this will require the host to provide documentation about the event and organizational details, including a security plan. The approval of the Master is required for events occurring at a college or sponsored by a college. Depending on the specific campus location of the event, the permission of a facility administrator may also be required.
b. Alcohol Licenses or Permits
To comply with Texas law, a proper license or permit must be provided when alcohol is sold or will be served “free” at any function where there is an admission charge. Further information concerning state alcohol permits may be obtained from the Assistant Dean.
c. Alcohol Servers
Alcohol at public functions may be consumed only when served by certified alcohol servers. The social coordinators of a college will arrange for a pool of certified alcohol servers for all registered parties within their college. Hosts of events must choose alcohol servers from this pool. These servers must be at least 18 years of age and have successfully completed training by Student Judicial Programs on the Rice Alcohol Policy and by the Wellness Center on personal alcohol use. Hosts and servers must be retrained every academic year by Student Judicial Programs on the Rice Alcohol Policy to remain eligible to be a host or server, though training the last month of an academic year can carry-over to count for the subsequent academic year. No one is allowed to serve alcohol at registered events unless they have successfully completed the required training. Students with TABC certification will not be required to complete Wellness Center training but must still complete Student Judicial Programs training on the Rice Alcohol Policy each year.
Only one drink will be served to an individual at a time. Access to unserved alcoholic beverages will be restricted to the servers and the social host. If punch or its equivalent is served, the alcohol content will be clearly indicated. No alcoholic beverage may exceed 30 proof, nor can any beverage be made from alcohol exceeding 100 proof.
d. Identifying Students of Legal Age
Identification of legal-aged students must be made at each point of service. To be eligible to receive alcohol service, Rice students (and their guests) who are legal-aged must show a valid Texas driver’s license, an identification card issued by the Texas Department of Public Safety or an out of state driver’s license marked with an adhesive sticker by the University Police. Use of false identification to obtain alcohol and showing proper identification to obtain alcohol for individuals who are under the legal drinking age are violations of this Policy for which students may face sanction under the Code of Student Conduct.
The host of any registered event where alcohol is being served will be responsible for visibly and effectively designating those individuals at the event who can legally consume alcohol, usually using coded wristbands. The banding of these students will take place at entrances to the party or at points where alcohol is being served. The banding of students does not eliminate the need to present proper identification (as described above) at the point of service and one of the three acceptable forms of identification will be required for students to be banded. Individuals who are of legal drinking age but do not have proper identification may not receive a band and will not be served alcohol. Use of a falsely obtained wristband is a violation of this Policy and sanctionable under the Code of Student Conduct.
e. Security
All applications for approval of an event must include a security plan. For large or significant events in the colleges, the plan should include consultation with the Master, the Chief Justice, and the College RUPD Officer. For all events, the host will appoint security officials, whose role is to enforce the Alcohol Policy. This includes: (1) preventing unauthorized persons from going behind the bar or causing a disturbance at the bar or elsewhere at the event, (2) ensuring that unauthorized supplies of alcohol are not brought into or removed from the function, and (3) ensuring that visibly intoxicated persons are not admitted or allowed to remain at the function. If a student security official encounters difficulty enforcing the Alcohol Policy, he or she should contact the hosts, Chief Justice, Masters, resident associates, or if necessary, the University Police.
The Assistant Dean, in consultation with the University Police as necessary, will determine the necessary level of police security for an event. Prior to large or
significant events, the party host should clarify with the University Police a security plan and respective responsibilities for securing the party and enforcing this Policy, and the host will report these arrangements to the Assistant Dean. The University Police are also willing to include student functions of any size in their routine patrol and to respond to a call for assistance from those responsible for parties.
f. Alternatives to Alcohol
Whenever alcoholic beverages are present, suitable and attractive non-alcoholic beverages, as well as food, must be available and featured prominently, and should be included in the application for approval submitted to the Assistant Dean.
g. Advertising
Advertising for social events sponsored by colleges, student organizations and individuals should not focus on alcohol
h. Use of Funds to Purchase Alcohol for Off Campus Consumption
College and student organization funds, including the per capita funds colleges receive each year from the University in support of college activities, may not be used to purchase alcohol for consumption off campus, except for alcohol that is purchased and consumed on the premises of an institution licensed to serve alcohol. Events occurring off campus in compliance with this policy may be required to show appropriate state and local licenses and bonding certificates for approval. Other contracts related to the event may also be required for University review before approval is granted.
i. Accounting for Funds
Colleges and student organizations must keep a record of the source of funds available for alcohol procurement and the expenditure of those funds for alcohol. This record should be provided at least annually to the College Master (in the case of a college) and Student Judicial Programs Office and may be provided more often at the request of either the College Master or Student Judicial Programs. Misrepresenting how funds are used is a violation of this Policy and the Code of Student Conduct and may expose the individual, college or organization to disciplinary sanctions. The source of funds available for alcohol procurement, in addition to the per capita funds colleges receive each year from the University in support of college activities, will be limited to gifts, revenue generated through college or student organization activities or donations and, for student organizations only, membership fees or dues or donations collected directly from the membership by the student organization.
j. Use of College Space; Implications for Public Functions
Any party taking place in a public area of the college, or any party in a private area for which college funds are being spent, is a public party. Any party that
is public in spirit or effect is a public party. For example, parties taking place in private areas and overflowing into public spaces (such as into hallways, landings, lounges, bathrooms, or other common areas) or causing undue disturbance to other college members are public parties. Private gatherings that are publicly announced or advertised to college members or students in general are public parties. “Invitation only” events held in public areas are considered public parties. Parties held in college facilities but not sponsored by the college are also public parties, but are the responsibility of the sponsoring organization.
k. Guidelines for College Nights, Pub Nights, Beer Bike, major parties, and similar events
College Nights, Pub Nights, Beer Bike events, major parties and other similar events must at all times comply with federal and state alcohol laws and Rice policy. Prior to the events, Masters, resident associates and the government of the college should agree on guidelines concerning the consumption of alcohol by students over 21 at these events, as well as guidelines for preventing underage consumption and guidelines for ensuring the safety of attendees and the Rice community. These event guidelines must be consistent with alcohol laws and this Policy and must contain details for student enforcement of this Policy and may be required by the Assistant Dean for the event to be approved. In addition, particular attention should be paid to security, safety, and well-being of the attendees and members of the University community surrounding these events, including during arrival and departure from the event as well as during the event itself. Major events should have advance planning that includes participation from students and relevant administrators, including but not limited to Masters, the Assistant Dean, RUPD, the Rice Counseling Center, and the Wellness Center.
l. Disposal of Unused Alcohol
Provisions must be made for the disposal of unused alcohol from the party; the details of these provisions may be required by the Assistant Dean before
approval and/or during the follow-up process. Un-opened or partially used bottles of wine or liquor or untapped kegs of beer or cider are the property of the
sponsoring organization. If the sponsor is a college, storage of the unopened or unused alcohol should be arranged with the Masters for use by the college at a later time. If the sponsor is not a college, other disposal options must be decided before the event and reported to the Assistant Dean.
D. Regulations for Student Enforcement of the Alcohol Policy
1. Public Functions or Parties
It is the responsibility of the college or organization (and its leadership) sponsoring public parties or events at which alcohol is consumed to prevent violations of this Policy. The following regulations specify the steps that sponsoring organizations and colleges must take to comply with the Alcohol Policy at public functions involving alcohol consumption:
a. Register the event and obtain all required approvals.
b. Trained, certified alcohol servers must check IDs at point of service.
c. There must be a system of wristbands so that attendees of legal drinking age can be readily distinguished from those not of legal age. The Assistant Dean may specify the type of bands used and may require party hosts to report, after the event, on the distribution of bands and to return all unused bands.
d. The sponsoring organization must make reasonable and consistent efforts throughout the event to ensure that underage attendees are not consuming alcohol. To this end, security officials from the sponsoring organization must be on the alert for alcohol consumption by underage attendees and to secure either compliance or the immediate departure of anyone found to be in violation.
e. Responsible security officials from the sponsoring organization must be present throughout the event at all entrance and exit points to make sure that no unauthorized alcohol is brought in.
f. Visibly intoxicated persons must not be allowed either to enter an event or to remain at an event. Security officials named by the sponsoring organization are
responsible for enforcement of this Policy. University Police may be called to assist in removing any attendees not complying with this Policy.
g. It is the responsibility of the social host, security officials and College Courts to intervene, with the aid of the Masters, resident associates or University Police if necessary, if the provisions of the Alcohol Policy are violated at parties. Depending on the severity of the violation, these officials will (l) advise immediate compliance; (2) remove those individuals who fail to comply or are disruptive or abusive; or (3) shut down the event. Further disciplinary action will be taken against those who were in violation of this Policy or the Code of Student Conduct.
h. On all occasions, students are encouraged to intervene when their fellow students violate the Alcohol Policy, or if they perceive a possible threat to the health, safety or welfare of any individual.
i. Any college, group, or organization violating this Policy, including using either large or an excessive number of “private gatherings” to circumvent the public party provisions, is subject to significant fines by the Assistant Dean. A second violation (or a particularly egregious violation at any time) may result in larger
fines and the loss of the privilege of serving alcohol at any public event for a prescribed time period. Further violations will result in yet larger fines and the imposition of longer periods during which alcohol will not be permitted at public events.
2. Private Gatherings
The University understands that students may desire to host in their private living spaces small gatherings that involve serving alcoholic beverages to guests who are of legal drinking age. Although police officials will not search a student’s room without probable cause, these private gatherings are not exempt from laws making it illegal for persons under 21 to possess or consume alcohol, or for others to provide alcohol to persons under 21. In addition, students who privately consume or serve alcoholic beverages must always comply with University policies and regulations as well as applicable law. Violations involving private gatherings may face sanctions under the Code of Student Conduct.
A party or gathering involving alcoholic beverages and occurring in a college’s public area or facilities, or any party in a private area for which college funds are being spent, is considered a public party, which requires registration. Any party or gathering that is public in spirit or effect is considered a public party or function, including those in private areas that overflow into public spaces (such as hallways, landings, lounges, bathrooms, or other common areas) or that causes undue disturbance to other college members. Private gatherings that are publicly announced or advertised to college members or students in general are considered public parties. “Invitation only” events held in public areas are also considered public parties.
The following regulations apply to private gatherings:
a. Any student who intends to host a private gathering involving a keg of alcoholic beverage (beer, ale, etc.) is required to notify, and consult with, the college Chief Justice prior to serving this beverage. The notification will include the location of the gathering, the time period during which alcoholic beverages will be served, and the name of the designated host or hosts who will be responsible for the gathering. Hosts of private gatherings involving alcohol but not a keg are encouraged, but not required, to notify their Chief Justice in the same manner.
b. The Chief Justice may designate other members of the College Court to accept notifications of private gatherings.
c. Upon notification, the Chief Justice will discuss policy compliance, safety and security issues with the designated hosts as appropriate.
d. The Chief Justice and other members of the College Courts will work with the hosts to comply with the Alcohol Policy, and to consider the safety and welfare of all persons attending and near the private gathering. The Chief Justice or his or her designee may shut down a private gathering at any time if in their opinion these concerns are not being adequately addressed or this Policy is being violated or if the gathering has become “public.”
e. All private gatherings must remain truly private or be registered as a public parties, including private gatherings that occur in a college on the same day as a public party in that college. Additionally, colleges that circumvent the public party requirements by allowing a significant number of private parties or large private gatherings will be subject to fines and sanctions under this Policy. Violation of the restrictions on private gatherings is a violation of this Policy and may be sanctioned under the Code of Student Conduct.
E. Awareness of Student Responsibility
1. Each student will be provided with a copy of the University policies and regulations each academic year. This may be done online or in an electronic format.
2. This information will also be part of the Orientation Week training for every student.
3. Each student will be required to acknowledge that they are aware of the applicable University policies and regulations and that they agree to comply with this Policy. This may be done online or in an electronic format during course registration periods.
F. Related Disciplinary Action
Violations of this Alcohol Policy and associated regulations by students, colleges, or student organizations constitute violations of the Rice University Code of Student Conduct. Sanctions for violating this Policy may range from fines to expulsion for individuals and from fines to mandated “dry” periods for colleges and organizations.
G. Enforcement and Interpretation
The Assistant Dean is the primary university official charged with administering and enforcing this Policy. The Dean of Undergraduates determines questions of interpretation.