16.60 – Permitted Alcohol on NMSU Premises

PART 1: STATEMENT OF PURPOSE

The Board of Regents of New Mexico State University recognizes that diversity of opinion and freedom of choice are concepts upon which higher education has been established. Inherent within these two basic concepts are the exercise of individual responsibility and making informed decisions on matters related to personal behavior.

Within the university setting, faculty, staff and students must demonstrate a mutual respect and commitment to the institution’s educational mission while at the same time fostering diversity of opinion, freedom of choice, and responsibility. In this regard, the university respects the right of those of legal age to consume alcohol if they so choose, providing they do so in accordance with this policy and all applicable laws.

This policy shall apply to every function or event, including but not limited to receptions, banquets, dinners, picnics, or any outdoor event, social event, and campus-wide activity sponsored by organizations or individuals associated with NMSU. Off-campus events conducted by university approved organizations are bound by this policy.

NMSU recognizes it cannot protect its employees, and students from making decisions that could potentially cause harm to themselves or others. NMSU disclaims any intention to assume duties to protect its employees and students from their own abuse of drugs or alcohol or to protect third party persons from conduct of the employees or students.

PART 2: PERMISSIBLE USE OF ALCOHOL

As allowed pursuant to this policy, the use of alcohol shall be considered a privilege and may be allowed only if consistent with local, state and federal laws and university policy, and only when it does not interfere with the academic atmosphere of the university.

1. Students of legal age are allowed to use alcohol only in a manner consistent with this policy and the Student Code of Conduct.
2. Students who reside on campus and are 21 years of age or older may possess and consume alcohol consistent with the law and in areas designated by the director of housing and residential life. See Housing Terms and Conditions for those areas designated as “alcohol free”, if any.
3. Selling, either directly or indirectly, of alcoholic beverages on campus is prohibited, except in those university facilities possessing a state alcohol license granted under the authority of the Board of Regents or where pre-approved by the Office of the NMSU President by event type. The Office of the NMSU President is authorized, in its discretion, to approve the serving or sale of alcohol at any other on-campus events. All venues approved for the routine sale of alcoholic beverages must have in place an approved policy for the sale and service of alcoholic beverages.
4. Members of the university community and/or the public wishing to host or otherwise conduct an event involving alcohol on campus or other NMSU property must first obtain the proper approval from the Office of the NMSU President.
   1. Some functions may also require the party to have separately and previously obtained an appropriate permit in accordance with the state’s liquor licensing laws; the Office of the President will not approve a function if the proper state permit has not been obtained.
   2. Student groups, campus organizations and Greek affiliates who wish to host events involving alcohol must have proper policies in place, consistent with university policies and local, state and federal laws, before the Office of the NMSU President will approve the event for alcohol.
   3. Student fees may not be used directly to purchase alcohol. However, in certain cases, student fees may be used to fund events where alcohol may be served, provided the appropriate approvals and/or state issued permits are obtained, in accordance with this policy.
   4. State law requires that anyone serving alcohol must complete a class and receive a Server’s Permit.
   5. If the consumption of alcohol is a normal part of an academic class, written approval for use must be obtained from the Office of the provost and senior vice president for academic affairs,with a positive recommendation from the Alcohol Review Committee.
   6. Approval for alcohol at an event is to be requested from the Office of the NMSU President. For and Application and Instructions, please contact the chair of the Alcohol Review Committee at 575-646- 5752. The Alcohol Review Committee will review the application and make its recommendation to the Office of the NMSU President.
   7. The decision by the Office of the NMSU Presidet is final.

PART 3: UNACCEPTABLE Use of Alcohol

NMSU recognizes that the illegal use of alcohol interferes with the academic environment of this institution and the personal growth of its students.

1. NMSU explicitly prohibits the unlawful use, possession, sale, or distribution of alcohol or controlled substances by all students and employees. Any violation of applicable local, state, and/or federal law is considered to be a violation of this institution’s policies.
2. Corrective and/or disciplinary action will be taken if it is determined that the use of alcohol by an employee or student threatens to create disorder, public disturbances, danger to themselves or others, or property damage.
3. Students who have not yet reached legal age are prohibited from purchasing, using, and/or possessing alcohol.
4. Except as outlined by this policy, consumption or possession of alcohol intended for consumption is prohibited on the university campus. Possession of alcohol on NMSU property intended for consumption is allowed for the sole purpose of prompt delivery to the location approved for such consumption.
5. Open containers of alcohol are prohibited outside of designated areas.
6. Kegs or other common containers are not allowed, unless in conjunction with an event approved by the Office of the NMSU President.

PART 4: ALCOHOL-RELATED MISCONDUCT

1. Possession of false identification. Students found in possession of or attempting to use false identification in order to procure alcohol will be subject to the fullest force and effect of the consequences outlined in this policy and/or the Student Conduct and Standards.
2. Alcohol as an aggravating factor to other violations. If alcohol is found to be an aggravating factor in other violations of the Student Code and Standards and/or local, state and federal laws, the student may be subject to more severe punitive sanctioning.
3. Off-campus violations of Student Code and Standards . The university reserves the right to impose sanctions upon students and student organizations that violate this policy and/or the Student Code and Standards , even if such actions occurs off-campus.

PART 5: CONSEQUENCES FOR VIOLATIONS

1. Students or employees found to be in violation of this policy may be subject to corrective and/or disciplinary action appropriate to the severity of the violation, in accordance with the appropriate administrative process.
2. Employees or students found to be in violation are also be subject to all local, state and federal laws and nothing in this policy shall be construed to protect employees or students from such actions as local, state and/or federal law enforcement deem appropriate. Similarly, if local, state and/or federal law enforcement entities decide not to pursue action against violators, the university reserves the right to process violations through the appropriate administrative office.
3. Employees or students who have not been found to be in violation of any of the policies herein who wish to self-identify and seek confidential help through the Employee Assistance Program, Counseling Center and/or the Wellness, Alcohol and Violence Education Program, will not jeopardize their employment or academic status. This benefit will continue as long as the employee or student refrains from further alcohol misuse and/or abuse.