The General Laws of Massachusetts pertinent to the Nichols College Campus Alcohol Policy is quoted below: (Chapter 138, subsection 34A, states in part )
"Any person under twenty-one years of age who purchases or attempts to purchase alcoholic beverages or alcohol, or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age, with the intent of purchasing alcoholic beverages, either for his own use or for the use of any other person shall be punished by a fine of three hundred dollars and whoever knowingly makes a false statement as to the age of a person who is under twenty-one years of age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, either for the use of the person under twenty-one years of age or for the use of some other person, and whoever induces a person under twenty-one years of age to make a false statement as to his age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, shall be punished by a fine of three hundred dollars."
According to Chapter 90, subsection 24B of the Massachusetts General Laws, an individual convicted of using a false or altered driver's license can be sentenced to as much as five years in prison and a fine of five hundred dollars. Those convicted will also lose their driver's license for one year. Additionally, the local open container ordinance of the Town of Dudley expressly forbids the consumption of alcoholic beverages on local streets and thoroughfares, some of which pass through the campus.Nichols College cannot and does not approve the use of alcoholic beverages in ways, which violate the laws of the Commonwealth or local ordinances. Realizing that typically only twenty percent of the full-time student body is twenty-one years of age or older, the annual review of the College's experience with enforcement of the Alcohol Policy will determine whether these practices are beneficial to the overall good of the institution.
Section Two: The College Alcohol Policy ~ Revised August 2007In accordance with Massachusetts's law, only students who are at least 21 years old are allowed to use alcoholic beverages in their residence hall room, within approved residential areas or at officially authorized campus functions. Massachusetts law forbids the sale of serving of alcoholic beverages to persons younger than 21. All students, faculty, administrators, and staff are expected to abide the law. Intoxication, illegal possession of alcoholic beverages in any form, and illegal possession of alcoholic beverage containers, whether empty or full, are considered grounds for disciplinary action under the Student Code of Conduct.
Possession of alcohol by minors. Students younger than 21 are not allowed to possess, consume, or be under the influence of alcoholic beverages anytime or anywhere in the Commonwealth of Massachusetts. Disregard of Commonwealth law or campus regulations will result in disciplinary action ranging from a disciplinary warning to expulsion from the College.
Hallways and common area spaces. Alcohol is not permitted in the lounges, common areas or hallways of any residential facility.
Open containers. Carrying open containers of beverages or consuming them in any public area of the campus (campus grounds, restricted residential areas, athletic fields, academic buildings, and dining hall) is prohibited and subject to disciplinary action. The College reserves the right to inspect squeeze bottles or similar containers. The owner will be subject to sanctions outlined in the alcohol policy. Students are discouraged from carrying squeeze bottles and similar containers in areas where alcohol possession is restricted, particularly outside.
Alcohol in residence halls. No alcohol, regardless of a student's age, is permitted at any time in outside areas, public areas, athletic fields, or other campus buildings. Alcohol is permitted in students' rooms in the residence halls only by students 21 years-of-age or older. If any roommate is younger than 21 years-of-age, no alcohol is permitted in the room at any time (including when under 21 roommate is away). Violation of policy will result in disciplinary action.
Alcohol related paraphernalia in the residence hall. No alcohol related paraphernalia, i.e., empty alcohol containers, bottles, etc., including those used for decorative purposes, are permitted in any student's room where students are not of legal drinking age. In residence halls, alcohol related paraphernalia is permitted if both occupants are 21 years-of-age or older. If one or more residents are under 21 years-of-age, then the room is considered a "dry room" and no alcohol related paraphernalia is allowed. Permitted alcohol related paraphernalia never includes beer funnels, beer balls or kegs.
Parties and social gatherings of students. Students are responsible for all activities, which transpire within their rooms. Because of the clear conflict with the academic and developmental goals of the College, parties in individual rooms or corridors are not allowed. Hosting a room party is a violation of the College Alcohol policy. A room party is defined as a gathering, in a residence hall, which involves one or more of the following:
In addition to possible disciplinary action, violation of the portion of the Alcohol Policy on Room Parties will result in confiscation of any alcohol and removal of all guests from the room.
Guests and violation of the alcohol policy. Any student who invites a guest, who is not enrolled in Nichols, onto campus assumes the responsibility of insuring that his or her guest will act in an appropriate manner as well as abide by all College policies. Should the guest of a Nichols student violate the alcohol policy, the host student will be held accountable.
Beer and wine cooler bottles. Glass beer and wine cooler bottles are not permitted in the residence halls, regardless of drinking age. An additional fine of $5.00 per glass bottle will be assessed for each glass bottle confiscated by a College Official.
Kegs, Beer Balls, Spiked Punch, Beer Machines. Colleges and universities nationwide agree that Kegs, Beer Balls, Beer machines, and spiked punch contribute to higher levels of intoxication and a more frequent occurrence of alcohol-related injuries and health emergencies, including alcohol poisoning. As a result, Nichols joins with most other colleges and universities in strictly prohibiting such items, regardless of whether the participants are of legal drinking age:
Students, who sponsor, organize, facilitate, participate in, and are present during, or allow the use of their rooms for such activities may be immediately suspended from Residence and notification of the violations will be sent to their parent(s) and/or guardian(s). If a Keg, Beer Ball, Beer machine, or spiked punch is found in a room, all residents of that room or suite will be subject to disciplinary action. Off-campus students are also subject to disciplinary action (restriction from campus areas or activities, and other appropriate measures). Seniors involved in such violations may lose the privilege of participating in Senior Week activities. Any Student who violates the Kegs, Beer Balls, Spiked Punch, Beer Machines policy during their years at Nichols College will result in Suspension from Residence and possible Suspension from the College
Intoxication. Drunkenness and behavior that encourages or contributes to the intoxication of another student will not be tolerated. Students who abuse alcohol to the detriment of themselves, which includes transport to the hospital for intoxication, or others may be suspended from on-campus housing and/or required to attend alcohol education sessions regardless of age. Non-resident students will be sanctioned comparably. Repeat offenders may be suspended or expelled from the College.
False identification. Falsifying an identification card or borrowing another student's ID to obtain alcohol or to gain entrance to functions where alcoholic beverages are being served will result in a minimum sanction of disciplinary probation; a repeated violation may result in suspension from the College. Producing, altering, or selling ID cards will result in sanctions ranging from suspension of on-campus housing to expulsion from the College. Violators are also subject to criminal penalties.
Alcohol related violent behavior. The College strictly prohibits any acts of violence to persons or property. Being under the influence as a reason for violent behavior will not be accepted, and in fact, the penalty for alcohol related violent behavior is more severe. Students engaged in this behavior can expect a minimum of one semester suspension from housing, and for a commuter, one semester ban from all social activities on campus.
Providing alcohol to minors. The College strictly prohibits individuals of legal drinking age from dsitributing alcohol to minors.
Distribution of Alcohol. The College strictly prohibits students from purchasing alcohol for the express purpose of redistributing to students who are not of legal drinking age, regardless of whether done for profit.
Driving under the influence. Students who are found to be driving under the influence of alcohol or other drugs will, at minimum, receive Disciplinary Probation, notification to parents or guardian, loss of the privilege to have a car on campus and mandatory attendance of an alcohol education program.
Alcohol limits. Throughout the academic year, only about 1/5 of Nichols students are of legal drinking age. Nichols cannot, in good conscience, permit social gatherings with alcohol in these buildings. To do so would be irresponsible, as well as inconsistent with the College's legal duties.
Our approach to setting limits on alcohol is based on personal consumption, and on what is a reasonable quantity of alcohol for majority-age students to purchase and possess. Students who are 21 and over may have in their possession no more than the following amounts of alcohol at any time. These amounts are as follows:
Please note: Students may not have both the limit of beer permitted and the limit of distilled spirits/wine permitted. Having more than the aforementioned limits at any time will result in confiscation of the excess alcohol and disciplinary action, up to and including dismissal from Nichols College. The College reserves the right to confiscate all of the alcohol in question if circumstances dictate so. Confiscated alcohol is disposed of; it will not be returned.
Minimum sanctions for violations of the alcohol policy.
Note: Parents will be notified of any and all underage or high level alcohol related behavior.
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The first violation of the College alcohol policy will result in a minimum sanction of: |
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The second violation of the College alcohol policy will result in a minimum sanction of: |
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The third violation of the College alcohol policy will result in a minimum sanction of: |
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The fourth violation of the College alcohol policy will result in a minimum sanction of: |
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A fifth violation will result in immediate suspension from on-campus residence halls for at least one full semester. The College views the imposition of such a sanction to be most regrettable, and is aware of the many implications of loss of on-campus housing, particularly with regard to family finances, transportation, and distance from home. However, students are advised in advance that absolutely no exceptions will be made, nor extenuating circumstances considered. Therefore, students are urged to adhere closely to the guidelines of the Alcohol Policy. |
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Any further violations of the College alcohol policy will result in the student's suspension or expulsion from the College. |
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A record of offenses is maintained in a student's file from year to year. Any additional disciplinary sanctions may be rendered in light of past violations.
In certain circumstances, alternate sanctions may be offered in place of more severe sanctions or fines. These include the alcohol and other drug education programs and other alternate sanctions mentioned throughout this handbook.