Alcohol Policy

Title

The University of North Carolina at Chapel Hill Alcohol Policy

Introduction

Purpose

The University of North Carolina at Chapel Hill ("University") is a community committed to creating an environment that encourages personal responsibility and intellectual growth. The University's mission includes the goals "to serve as a center for research, scholarship and creativity and to teach a diverse community of undergraduate, graduate and professional students to become the next generation of leaders."

High-risk or dangerous alcohol consumption and associated conduct undermine the intellectual climate of the University. Moreover, high-risk or dangerous alcohol use inhibits the opportunity for maximum individual intellectual development, respect for the rights of others, and a sense of community and good citizenship. Studies indicate that the misuse and abuse of alcohol on college campuses is associated with diminished academic performance, an increase in vandalism and other destructive behaviors, and a heightened risk of sexual assault and other forms of interpersonal violence. There is a significant correlation between excessive alcohol use and the untimely interruption of a Student's academic career. It is also well-established that significant alcohol-related health problems can result from chronic misuse of alcohol, as well as acute overconsumption and abuse. Finally, there is ample evidence that the behaviors associated with high-risk or dangerous alcohol use adversely affect other members of the University community through disruption of the academic or living environment or placing others at risk of physical or emotional injury.

The Alcohol Policy of The University of North Carolina at Chapel Hill ("Policy") is designed to support the larger mission of the University and to promote the values of honor and integrity, personal responsibility, dynamic learning, and community engagement. Through incorporation of a public health perspective, this Policy strives to cultivate an educational environment that encourages healthy and responsible behaviors, fosters academic and personal success, supports Student retention, and promotes the safety and well-being of all members of the University community. This Policy also seeks to foster a campus culture in which all members of the University community have a meaningful awareness of this Policy and of the resources available to address alcohol misuse.

The University relies on evidence-based, best practices in developing this comprehensive alcohol Policy. The University also looks to existing campus policies1 and federal, state, and local laws to define and regulate the appropriate and legal possession, use, and service of alcohol within the University and the local community. The University reminds all Students, faculty, and staff of their obligation to be responsible citizens by adhering to all laws regarding alcohol. As recommended by the U.S. Department of Education and reflected in this Policy, the University has adopted an environmental management approach built upon the following five pillars2:

  1. Offer and promote social, recreational, extracurricular, and public service options that do not include alcohol and other substances;
  2. Create a social, academic, and residential environment that supports health-promoting norms;
  3. Limit alcohol availability;
  4. Restrict marketing and promotion of Alcoholic Beverages;
  5. Develop and enforce appropriate campus policies.

Scope of Applicability

  1. Authority. The Code of the University of North Carolina, Section 502D(3), provides: "Subject to any policies or regulations of the Board of Governors or of the board of trustees, it shall be the duty of the chancellor to exercise full authority in the regulation of student affairs and student conduct and discipline.In the discharge of this duty, delegation of such authority may be made by the chancellor to faculty committees and to administrative or other officers of the institution, or to agencies of student government, in such manner and to such extent as may by the chancellor be deemed necessary and expedient."
  2. Scope and Applicability. This Policy establishes the standards and regulations regarding alcohol use at the University and by Campus Members.3 Moreover, this Policy applies to Students at all times until graduation or other separation from the University, both while on campus and as appropriate to any off campus conduct that has implications for University interests. The University retains jurisdiction over Students who take a leave of absence, withdraw, or who have graduated for any violation of this Policy that occurred prior to the leave, withdrawal, or graduation. This Policy applies to employees during the duration of their employment, both while on campus and as appropriate to any off campus conduct that has implications for University interests. This Policy applies to all visitors to the campus at any time. It is intended for this Policy to apply to Students and Student Organizations such that both terms are interchangeable throughout the provisions of this Policy, with the exception of Medical Amnesty, which is applicable only to individual Students. University Administrative Units and Student Organizations may supplement this Policy with more restrictive measures, as long as those measures do not conflict with the purpose or provisions of this Policy.
  3. Location of Conduct and Reservation of Discretion. The determination of whether University interests are implicated, as well as determinations of whether such conduct should be addressed pursuant to this Policy, are reserved to the discretion of the Vice Chancellor for Student Affairs, Vice Chancellor for Workforce Strategy, Equity and Engagement, or the Vice Chancellor's designee. The determination of a University interest is not an explicit or implied element of any offense under this Policy. Conduct by Students on University Premises or on the premises of Student Organizations, as well as conduct by Students that occurs elsewhere may constitute offenses prohibited by this Policy if University interests are implicated.
    1. Conduct of Students and Student Organizations. University interests are generally implicated in situations including, but not limited to:
      1. Any situation where it appears that the conduct of the Student or Student Organization presents a danger or threat to the health or safety of the Student, the members of the Student Organization, or other members of the local or campus community;
      2. Any situation where it appears that the conduct of the Student or Student Organization impermissibly impinges upon the rights or property of others;
      3. Any situation where it appears that the conduct of the Student or Student Organization unreasonably disrupts or disturbs the academic or working environment; functions or activities of the University or any of its organizations, personnel, or guests; or the personal living environment of others, whether on- or off-campus;
      4. Any situation involving the consumption of Alcoholic Beverages by a Student under the legal drinking age or the provision of Alcoholic Beverages to a Person under the legal drinking age;
      5. Any situation where it appears that the Student's conduct is detrimental to the educational mission and/or interests of the University
    2. Conduct of Employees. Violations of this Policy by employees may be addressed in accordance with applicable personnel policies of the Office of Human Resources, the Office of the Executive Vice Chancellor and Provost, the Office of Postdoctoral Affairs, or any other University Administrative Unit and may result in disciplinary action, up to and including termination from employment. Determinations of whether conduct should be addressed pursuant to this Policy are reserved to the discretion of the Executive Vice Chancellor and Provost or designee for faculty members and the Vice Chancellor for Workforce Strategy, Equity and Engagement or designee for staff members and affiliates. Conduct on University Premises or elsewhere by employees (including faculty, staff, and contracted affiliates to the University) may give rise to offenses prohibited by this Policy if University interests are implicated. University interests are generally implicated in situations including, but not limited to:
      1. Any situation where it appears that the conduct of the employee presents a danger or threat to the health or safety of the employee or other members of the local or campus community;
      2. Any situation where it appears that the employee's conduct is detrimental to the educational mission and/or interests of the University or where the conduct occurs during the course and scope of the individual's employment;
      3. Any situation where it appears that the conduct of the employee presents a danger or threat to the health or safety of the employee or other members of the local or campus community;
      4. Any situation where it appears that the conduct of the employee impermissibly impinges upon the rights or property of others;
      5. Any situation where it appears that the conduct of the employee unreasonably disrupts or disturbs the academic or working environment; or functions or activities of the University or any of its organizations, personnel, or guests;
      6. Any situation involving the provision of Alcoholic Beverages to a Person under the legal drinking age or otherwise in violation of this Policy;
  4. Medical Amnesty. The health and safety of members of the campus community is of paramount importance. In certain circumstances, promotion of health and safety may be best served through education and support that is not disciplinary. This Policy is to be construed in a manner that encourages Campus Members to seek appropriate assistance in the event of an alcohol-related medical emergency or the treatment of an alcohol or substance abuse condition. Accordingly, amnesty from the disciplinary process and potential sanctions may be afforded to Students in circumstances as described in the Procedures for Adjudication & Response to Student Violations.
  5. Non-Disiplinary Intervention. Participation in high risk or dangerous drinking or other alcohol-related behavior that places the Person at risk of personal injury or jeopardizes the Person's health and safety, and is not otherwise a violation of this Policy, may be addressed through requirements or recommendations for education, treatment, notification of parents/family members, or other interventions designed to address the underlying behavior or associated health risks.
  6. Consistency. In keeping with the goals set forth herein, including the promotion of a healthy campus environment and personal accountability, the University is committed to the consistent application and enforcement of this Policy.

Policy Statement

Consistent with established University policies; local, state, and federal law; and applicable policies of the Board of Trustees and Board of Governors governing the consumption, possession, use and/or sale of Alcoholic Beverages:

  1. No Person younger than 21 years of age may purchase, possess or consume Alcoholic Beverages.
  2. No Person 21 years of age4 or older may possess Open Containers of Alcoholic Beverages or consume Alcoholic Beverages on University Premises except in designated areas.
  3. No Person, Student Organization, or University Administrative Unit may provide Alcoholic Beverages to a Person who is younger than 21 years of age.
  4. No Person of any age, Student Organization, or University Administrative Unit may possess, consume, provide, distribute, sell, and/or manufacture Alcoholic Beverages in violation of any local, state, or federal law.
  5. No Person younger than 21 years of age may possess or use false identification (ID) for the purchase or procurement of Alcoholic Beverages, or to access an establishment that serves Alcoholic Beverages. This provision includes, but is not limited to, the following:
    1. possession or use of an altered ID,
    2. possession or use of a forged ID,
    3. possession or use of an ID belonging to another Person,
    4. possession or use of any form of identification which misrepresents the bearer's true identity or date of birth.
  6. No Person of any age may engage in behavior as a result of consumption or use of alcohol that is disorderly, disruptive, or jeopardizes the health or safety of self or others.
  7. No Person, Student Organization, or University Administrative Unit may assist, aid, or otherwise facilitate another in committing a violation of this Policy or a violation of any local, state, or federal law regulating the use of Alcoholic Beverages.
  8. No Person, Student Organization, or University Administrative Unit may use federal or state-appropriated funds to purchase Alcoholic Beverages.
  9. No Person, Student Organization, or University Administrative Unit may manufacture and/or sell Alcoholic Beverages except as expressly authorized pursuant to this Policy and/or state statute.
  10. No Person, Student Organization, or Administrative Unit may use or possess a Common Source Container with Alcoholic Beverages:
    1. on University Premises, except as otherwise provided in the Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises.
    2. at off-campus events where these containers are in any way furnished, controlled, sponsored, or otherwise provided by Student Organizations or University Administrative Units.

      Common Source Containers may be used by a professional vendor or caterer to serve Alcoholic Beverages on University Premises that are designated or approved under the Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises, provided that the Common Source Container remains under the exclusive control of the vendor or caterer at all times (i.e. no self-service).
  11. In addition to complying with federal, state and local laws and the provisions outlined above, Student Organizations and University Administrative Units must also adhere to the following:
    1. No Alcoholic Beverages, for use on- or off-campus, may be purchased with state-appropriated or federal funds, Student activity fees, University-collected fees, funds deposited or administered through Carolina Union Student Organizations (CUSO), or with any other Student Organization funds or dues. Additionally, no Alcoholic Beverages may be purchased for a Student Organization or its members or guests in the name of or on behalf of the Student Organization (e.g., no passing the hat).
    2. No Student Organization or University Administrative Unit may hold an event on- or off-campus where the organization or unit profits from the direct sale of Alcoholic Beverages, including collection of a cover charge that defrays the costs of Alcoholic Beverages (e.g., donate to the cause and drinks are half off).
  12. No Alcoholic Beverages may be advertised or merchandised on campus except when done so in accordance with all applicable University policies.
  13. Failing to comply with any disciplinary sanctions or required interventions imposed pursuant to this Policy may also be considered a violation of this Policy.

I. Education, Prevention, Intervention & Recovery Initiatives

Pervasive high-risk, dangerous drinking inhibits campus safety and may be damaging to Campus Members' mental and physical health. High-risk, dangerous drinking is associated with a host of safety-related issues and encourages other high-risk behaviors that lead to accidents, assaults, and other serious injuries. Such drinking behaviors may also impact academic performance, exacerbate retention problems, divert University resources, and negatively affect the reputation of the University. As a result, the University affirms its commitment to a broad-based public health approach to addressing the impact of alcohol in the campus community. This comprehensive, evidence-based approach includes components of education, prevention, intervention, accountability, and recovery. In support of these efforts, the University undertakes the following:

A. Campus Alcohol Task Force

  1. The University shall establish a Campus Alcohol Task Force. The Campus Alcohol Task Force will be comprised of no less than nine (9) members which shall include faculty, staff, and Students who, by virtue of their professional responsibilities, research interests, or campus involvement have relevant knowledge or experience regarding alcohol-related issues. Appointments shall be made by the Executive Vice Chancellor and Provost, in consultation with the Vice Chancellor for Workforce Strategy, Equity and Engagement and the Vice Chancellor for Student Affairs. Student members will be selected in consultation with the Student Body President and the President of the Graduate and Professional Student Federation.
  2. Appointments to the Campus Alcohol Task Force shall be for a term of one year, with no limitation on reappointment.
  3. The Campus Alcohol Task Force shall:
    1. Oversee the implementation of this Policy;
    2. Assess the efficacy of educational efforts, interventions, and disciplinary actions taken in conjunction with this Policy;
    3. Advise the Chancellor, Executive Vice Chancellor and Provost, and Vice Chancellors regarding this Policy; best practices in the in the areas of alcohol education, health promotion, enforcement, and recovery; and compliance obligations under state and federal law;
    4. Identify and advocate for resources needed for effective implementation of this Policy and related initiatives;
    5. Review and provide recommendations regarding locations that may sell or serve Alcoholic Beverages pursuant to this Policy; and
    6. Propose, review, and coordinate action on amendments or changes to this Policy as appropriate to increase its effectiveness.
  4. The Campus Alcohol Task Force shall meet at least annually or more frequently as may be required to discharge its duties.

B. Resources for Comprehensive Planning and Response

The University shall provide the requisite resources and appoint necessary personnel to support the implementation and enforcement of this Policy, including resources necessary to provide the following functions:

  1. Education and Prevention Programs - provide evidence-based programming to communicate with Campus Members about making safe and responsible decisions regarding drinking and the harmful effects of alcohol misuse or abuse. Such initiatives may include, but not be limited to, training of University faculty and staff, social norming campaigns, mandatory alcohol education programs for Students (alcohol.unc.edu/), sponsorship of alcohol-free events, and comprehensive education programs addressing the interrelationship between alcohol use and other issues of University concern, including academic success, individual mental health and physical well-being, and relationship or interpersonal violence.
  2. Training - provide significant training regarding alcohol and environmental management to members of the campus community with responsibilities for Student activities, including resident advisors, Student peer leaders, faculty members, advisors to Student Organizations, and Student services professionals.
  3. Intervention Programs - provide assistance and support to Campus Members who engage in an alcohol-related offense or who identify as having an acute or chronic alcohol or substance abuse problem. Such initiatives may include counseling, referrals for assessment or education (e.g., BASICS - Brief Alcohol Screening and Intervention for College Students), campus-based classes or workshops, collaboration with campus or community-based resources, and case management.
  4. Accountability and Enforcement - provide for consistent and equitable treatment of violations of this Policy in a timely manner to include the use of sanctions designed to promote good citizenship and deter illegal and/or harmful behaviors.
  5. Treatment and Recovery - provide assistance and support to Campus Members in recovery, including maintenance of a campus recovery community and resources or referrals for ongoing treatment and counseling.

II. Responsibility for Implementation and Enforcement

  1. All Campus Members are responsible for knowing and for adhering to this Policy.
  2. The Vice Chancellor for Student Affairs or designee shall be responsible for implementation and enforcement of this Policy as it applies to Students and Student Organizations.
  3. The Executive Vice Chancellor and Provost or designee shall be responsible for implementation and enforcement of this Policy as it applies to faculty.
  4. The Vice Chancellor for Workforce Strategy, Equity and Engagement or designee shall be responsible for implementation and enforcement of this Policy as it applies to staff and affiliates.
  5. UNC Police, with assistance from University Administrative Units, shall be responsible for enforcement of this Policy with respect to visitors and on University Premises, together with all applicable local, state, and federal laws regulating the use of Alcoholic Beverages.

III. Policy Dissemination, Review, and Amendment

The University affirms its commitment to fully comply with the Drug Free Schools and Communities Act ("DFSCA") and the Drug Free Workplace Act, including all applicable administrative regulations. The DFSCA requires that "as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees."5
In accordance with these regulations, the University will:

  1. Annually notify each employee and Student, in writing, of standards of conduct; a description of appropriate sanctions for violation of federal, state, and local law and this Policy; a description of health risks associated with alcohol and other drug use6; and a description of available treatment programs.
  2. Conduct at least a biennial review on the effectiveness of its alcohol and other drug programs and the consistency of sanction enforcement.
  3. Amend this Policy and related appendices as necessary to comply with all applicable regulations of Alcoholic Beverages.
  4. Comply with all federal laws and regulations related to the disclosure of crimes, including the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act").

Definitions of Key Terms

When used in the Alcohol Policy of The University of North Carolina at Chapel Hill or any of its appendices, terms shall have the following definitions:

  • Alcohol Conduct Process: The process and procedures for adjudication of and response to reported Student or Student Organization violations of the Alcohol Policy of The University of North Carolina at Chapel Hill as outlined in the Procedures for Adjudication & Response to Student & Student Organization Violations.
  • Alcoholic Beverages: Any beverage or other ingestible substance containing at least one half of one percent of alcohol by volume, as defined by the North Carolina Alcohol Beverage Control (ABC) Commission. For specific definitions, please visit the ABC Commission website.
  • Campus Member(s): All Students, faculty, staff, or other employees of the University of North Carolina at Chapel Hill.
  • Common Source Container: Kegs, coolers, pitchers, punch bowls, bath tubs, trash cans, common shared refrigerators, or similar Common Source Containers of Alcoholic Beverages intended to serve as a source of open access to Alcoholic Beverages at a party or other gathering.
  • Disciplinary Record: A record containing documents related to University disciplinary matters that may include, but is not limited to, the outcome and any imposed sanction(s) of any disciplinary action taken by the University against a Student or Student Organization.
  • Illegal Distribution: The provision of Alcoholic Beverages in any format and/or in any venue without proper license, or when distributed in any other illegal manner (e.g., provision to underage Persons).
  • Illegal Sale: The exchange of money or other valuable consideration for Alcoholic Beverages without permit. "Sale" may include such practices as charging admission to events where alcohol is served, requiring the purchase of tickets or other items, requiring donations, or other exchanges such as requiring certain acts in order to receive Alcoholic Beverages.
  • Open Container: Any container of alcohol that is open or has at any point had the manufacturer’s seal broken and lid replaced. Examples include, but are not limited to, a solo cup, water bottle, open bottle or can containing any amount of Alcoholic Beverage.
  • Person: Considered to be used in this Policy as any Student, Student Organization, or Administrative Unit, and can be used interchangeably.
  • Policy: Except as otherwise noted, the term "Policy" or "this Policy" shall refer to the Alcohol Policy of The University of North Carolina at Chapel Hill.
  • Student: The term "Student" means any of the following7:
    1. a Person who has applied for admission and been accepted into any academic program of study at the University;
    2. a Person enrolled in or attending classes at or through the University, either at the University's main campus or at any remote location, including a Person enrolled in online or distance education programs or a Person participating in Study Abroad programs; or
    3. a Person participating in any pre-matriculation orientation programs.
  • Student Organization: Any recognized group affiliated with or supported by the University or a University entity (e.g., societies, clubs, Student Organizations including fraternities and sororities, athletic teams, or similarly organized groups in or recognized by the University.) A Student Organization shall also include any group of students, whether or not officially recognized, that is affiliated with the University through the use of University Premises or University-sponsored programs.
  • University: The University of North Carolina at Chapel Hill and all of its undergraduate, graduate and professional schools and colleges, and administrative units.
  • University Administrative Unit: A constituent part of the University, such as a department, division, program, college, or school.
  • University Premises: Buildings, property, or grounds owned, leased, operated, controlled, or supervised by the University.
  • University-Sponsored Event: Any event or activity on- or off-campus which is initiated, aided, funded, authorized, or supervised by the University or any authorized University official(s) (e.g., affiliated Student, Student Organization or group, staff, faculty, department, athletic events, entertainment venues, development/fundraising function).

Related Requirements

External Regulations and Consequences

This Policy is intended to be consistent with all applicable local, state, and federal laws. The standards of conduct and the means of enforcement set forth in this Policy are adopted in furtherance of the University's interests and serve to supplement, rather than substitute for, the enforcement of applicable civil and criminal law. It is not double jeopardy for the University to address conduct that has previously been or may be sanctioned under local, state, or federal law.

University Policies, Standards, and Procedures

This Policy is intended to govern the conduct covered by its terms and does not preclude disciplinary or other actions to which an individual may be subject under separate policies of the University, including, but not limited, to:

See "Attachments" section for the "Request for Permission to Serve Alcoholic Beverages" form.

Contact Information

Student Affairs

Jonathan Sauls, Associate Vice Chancellor for Student Affairs
Office of the Vice Chancellor for Student Affairs
jsauls@email.unc.edu
919-966-4045

Director of Office of Student Conduct
919-962-0805

Carolina Housing
919-843-2782

Office of the Provost

Executive Vice Chancellor and Provost
919-962-2198

Important Dates and Approval

Effective Date and title of Approver:

  • Effective Date: August 1, 2016
  • Approver: Provost/Vice Chancellor for Student Affairs

Revision and Review Dates, Change notes, Title of Reviewer or Approver:

September 2019

  • Minor updates and clarifications; no substantive changes.

July 2019:

  • Clarified the application of the Policy/Adjudication Processes to Student Organizations.
  • Corrected minor typos and erroneous numbering/lettering of various sections.
  • Added definitions of additional key terms.
  • Reorganized and clarified the sanctions/interventions applicable to Students and Student Organizations.

September 2018:

  • Format changed to incorporate Appendices into Policy, Standards, and Procedures:
    • Appendix A: Definition of Key Terms to Alcohol Policy;
    • Appendix B: Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises to Standards;
    • Appendix C: Adjudication & Response to Student Violations to Procedures; and
    • Appendix D: Alcohol & Other Drug Risks and Resources to Standards.
  • Policy Statement J; additional clarification regarding Common Source Containers.
  • Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises II B; additional clarification regarding Common Source Containers.

August 2017

  • Substantive Revisions:
    • Updated title of "Appendix B" to include reference to serving alcohol on "University Premises."
    • Updated "Appendix B" to clarify that tailgating for football games is permitted in designated areas on the UNC campus. (Appendix B, Section III, subsection B)

August 2016

  • Effective Date: August 1, 2016
  • Approver: Provost/Vice Chancellor for Student Affairs
  • Revision and Review Dates, Change notes, title of Reviewer or Approver

Approved by:

Christopher A. Payne
Associate Vice Chancellor
Date: September 30, 2019

Standards

Guidelines for Serving Alcohol at University-Sponsored Events or on University Premises

The following guidelines have been developed to provide consistent and comprehensive information about applicable laws and University rules concerning service of Alcoholic Beverages at University-Sponsored Events. These guidelines represent the minimum standards for service of Alcoholic Beverages. University departments or officials may adopt more stringent standards as deemed necessary and appropriate.

I. Purchase and Sale of Alcoholic Beverages

  1. No State-appropriated or Federal funds may be used to purchase Alcoholic Beverages. Some funds that are classified as institutional trust funds may be used to purchase Alcoholic Beverages, but only if those funds are discretionary in nature and the fund authority is sufficiently broad to cover this purchase. Scholarship funds or funds handled through the Office of Sponsored Research are not discretionary in nature. Information about whether a particular trust fund may be used for the purchase of Alcoholic Beverages may be obtained from the Office of the University Controller.
  2. The following facilities on University property meet the statutory requirements in N.C. Gen. Stat. §18B-1006(a) permitting Alcoholic Beverages to be sold in such facilities:
    1. The Carolina Inn
    2. George Watts Hill Alumni Center
    3. The Rizzo Center
    4. Finley Golf Course
    5. Memorial Hall
    6. Paul Green Theater
    7. Ackland Art Museum
    8. Kenan Stadium
    9. CURRENT Artspace + Studio
    Each of these University facilities shall maintain and follow facility-specific procedures for the sale of Alcoholic Beverages at the facility, which shall be designed to manage risk and comply with applicable laws and regulations.
  3. Alcoholic Beverages cannot be sold, directly or indirectly, at any other campus location other than those identified in Section I.B of these Guidelines. This means that when a function is held elsewhere on campus, there can be no "cash bars," nor can there be a cover charge for an event at which Alcoholic Beverages are reportedly "given away." However, a set price for a reception or meal where the service of Alcoholic Beverages is incidental to the reception or meal is permitted, provided the facility where the event is held is otherwise authorized under these Guidelines to serve Alcoholic Beverages.

II. Service of Alcoholic Beverages

Subject to the exceptions described herein, no Alcoholic Beverages may be served, displayed, or consumed at any University-Sponsored Event on University Premises.

  1. Except for University holidays, no Alcoholic Beverages may be served at any campus location (with the exception of those campus facilities authorized to sell Alcoholic Beverages under Section I.B on a weekday until after 5:00 p.m. Only the Chancellor or Chancellor's designee may authorize an exception to this provision. In all cases where a rare exception may be granted, consideration for the effect on the academic environment, and the message to Campus Members, including particularly Students, should be critically and thoughtfully considered.
  2. Tailgating for football games is permitted on University Premises in designated tailgate areas, such areas to be designated in advance by the Chancellor or designee. Persons of legal age may possess Open Containers and consume Alcoholic Beverages in designated tailgate areas only.
    1. Whenever tailgate areas are designated, at least one tailgate location shall be designated as alcohol-free and no Alcoholic Beverages shall be possessed or consumed in the designated alcohol-free area.
    2. Common Source Containers (e.g., kegs, punch bowls, etc.) are not permitted at tailgating activities, unless provided by a professional vendor or caterer and the Common Source Container remains under the exclusive control of the vendor or caterer at all times (i.e. no self-service).
  3. It is a violation of North Carolina law and University Policy to serve Alcoholic Beverages to anyone less than 21 years of age. Service of any Alcoholic Beverages is strongly discouraged at University-Sponsored Events that are likely to be attended by guests less than 21 years of age. If a University Administrative Unit plans to serve Alcoholic Beverages at a University-Sponsored Event that will be attended by guests less than 21 years of age, it must submit, as part of the approval process outlined in Section II.D. of these guidelines, a summary of the method by which it will determine which guests are over 21 and how it will assure that guests under 21 years of age will not be served or have access to Alcoholic Beverages.
  4. Alcoholic Beverages may be served, displayed, and consumed at invitation-only, private functions hosted by individuals that are held at the Ackland Art Museum, Paul Green Theater, the James M. Johnston Center for Undergraduate Excellence, the Friday Continuing Education Center, Kenan Center, George Watts Hill Alumni Center, Morehead Planetarium Building, Knapp-Sanders Building, the Rizzo Center, Gerrard Hall, Hyde Hall, FedEx Global Education Center, North Carolina Botanical Garden, designated parts of Carroll Hall, the Dean E. Smith Center, Koury Natatorium, CURRENT Artspace + Studio, and Memorial Hall. To the extent these facilities are available for use by other University Administrative Units, arrangements for University-Sponsored Events must be made with the particular facility. Each of these University facilities where Alcoholic Beverages may be served shall maintain facility-specific procedures for the service of Alcoholic Beverages at the facility, which shall be designed to manage risk and comply with applicable laws and regulations. It is the responsibility of the University Administrative Unit hosting the event to comply fully with the facility-specific requirements relating to service of Alcoholic Beverages.
  5. Any University Administrative Unit wishing to serve Alcoholic Beverages at a University-Sponsored Event that includes guests under the age of 21 and/or wishing to serve and allow for the display and consumption of Alcoholic Beverages in a facility or open space on University Premises other than those listed in Section II.D may do so only if:
    1. A request is submitted by the chair or director of the University Administrative Unit hosting/sponsoring the event (See "Attachments" section for the "Request for Permission to Serve Alcoholic Beverages" form);
    2. The planned function is a private, University-Sponsored Event that is invitation-only;
    3. Approval is received from the Dean of the academic unit or from the appropriate Vice Chancellor (if a non-academic unit); and
    4. Approval is received from the Executive Vice Chancellor and Provost or the Provost's designee.

    All required approvals must be obtained prior to the event.
  6. Where proper approval has been obtained, the following requirements must be met at all University-Sponsored Events where Alcoholic Beverages are served:
    1. In the case of an approved event at a campus location other than those identified in Section II.D above, an event manager must be designated and present at all times while Alcoholic Beverages are being served. The event manager shall be at least 21 years of age and shall be knowledgeable of the Alcohol Policy and these Standards;
    2. Access to the event must be limited to invitees and controlled throughout the event. The event may not be open to the public. For outdoor events, special steps must be taken to control access and delineate the area for the event (e.g., tents with sides or other significant barriers);
    3. A sufficient amount of alternative, nonalcoholic beverages must be available at the same placement of the Alcoholic Beverages and featured as prominently;
    4. A sufficient amount of substantial, wholesome food (e.g., heavy hors d'oeuvres or dinner) must be served;
    5. Alcoholic Beverages must be served by a professional caterer or bartender with liability insurance in standard and customary serving sizes limited to one Alcoholic Beverage at a time per Person;
    6. No self-service of Alcoholic Beverages shall be permitted;
    7. A reception with Alcoholic Beverages that is followed by a full meal may last no longer than one hour. A reception with Alcoholic Beverages that is not followed by a full meal may last no longer than two hours; and
    8. Alcoholic Beverages shall not be served to individuals exhibiting signs of impairment or intoxication.
  7. In addition to the above requirements, if individuals under 21 years of age will be attending a University-Sponsored Event where Alcoholic Beverages will be served, the University Administrative Unit hosting the event must take appropriate precautions to ensure that Alcoholic Beverages are not served to individuals under the age of 21. Such precautions may include:
    1. A sign on the bar or other location where Alcoholic Beverages are served that states "Must be 21" or other similar language and an instruction to the caterer or bartender to ask for proof of age whenever an individual appears to be less than 30 years of age.
    2. Color-coded nametags or place cards for guests under 21 years of age and instructions to the caterer or bartender as to the significance of the color-coding.
    3. Instructions to caterers, bartenders, or University staff in charge of the event to be alert to the possibility that guests over 21 may attempt to obtain Alcoholic Beverages on behalf of guests under 21.
      It is the responsibility of the University Administrative Unit hosting the event to be certain that Alcoholic Beverages are not served or provided to individuals under the age of 21.
  8. In addition to the foregoing, individuals, Student Organizations, and University Administrative Units are strongly encouraged to consider the following in conjunction with the service of Alcoholic Beverages at any event on- or off-campus:
    1. The University recommends that all Alcoholic Beverages be provided by a third-party vendor or that attendees bring their own Alcoholic Beverages (i.e., BYOB).
    2. If using a Common Source Container to serve Alcoholic Beverages, the University recommends engagement of a professional vendor or caterer who maintains exclusive control of the Alcoholic Beverages at all times (i.e. no self-serve).
    3. Student Organizations or Administrative Units should only use appropriate funds to purchase Alcoholic Beverages. State-appropriated funds, Student activity fees, University-collected fees, funds deposited or administered through the Carolina Union Student Organization (CUSO), or other Student Organization funds or dues should not be used to purchase Alcoholic Beverages.
    4. The University recommends individuals avoid purchasing Alcoholic Beverages on behalf of other guests at an event, or in the name of any Student Organization (i.e. passing the hat).
    5. The requirements set forth in this Policy are minimum standards. Organizations or University Administrative Units may adopt standards or protocols which are more stringent than the requirements of this Policy. Organizations or University Administrative Units that have adopted their own alcohol risk management policies shall follow the requirements of this Policy as well as their own alcohol risk management standards.

Alcohol & Other Drug Risks and Resources

I. Health Risks

The use or abuse of alcohol and other drugs increases the risk for a number of health-related and other medical, behavioral and social problems. Below is a general description of the health risks associated with alcohol and drug use.

  • ALCOHOL Can cause short-term effects such as loss of concentration and judgment; slowed reflexes; disorientation leading to higher risk of accidents and problem behavior. Long-term effects include risk of liver and heart damage, malnutrition, cancer and other illnesses. Can be highly addictive to some Persons.
  • AMPHETAMINES Can cause short-term effects such as rushed, careless behavior and pushing beyond your physical capacity, leading to exhaustion. Tolerance to amphetamines increases rapidly. Long-term effects include physical and psychological dependence and withdrawal can result in depression and suicide. Continued high doses can cause heart problems, infections, malnutrition, and death.
  • CANNABIS Can cause short-term effects such as slow reflexes, an increase in forgetfulness, altered judgment of space and distance, and an aggravation of pre-existing heart and/or mental health problems. Long-term health effects include permanent damage to lungs, reproductive organs, and brain function and can interfere with the physical, psychological, and social development of young users.
  • COCAINE (crack) Can cause short-term effects such as impaired judgment; increased breathing or heart rate; heart palpitations; and anxiety, restlessness, hostility, paranoia, and/or confusion. Long-term effects may include damage to respiratory and immune systems, malnutrition, seizures, and loss of brain function. It is highly addictive.
  • DESIGNER DRUGS/SYNTHETIC CANNABINOIDS (e.g., bath salts, K2, spice) Can cause short-term effects such as elevated heart rate and blood pressure, chest pain, hallucinations, seizures, violent behavior, and paranoia. May lead to lack of appetite, vomiting, and tremor. Long-term use may result in kidney/liver failure, increased risk of suicide, and death.
  • HALLUCINOGENS (e.g., PCP, LSD, ecstasy, dextromethorphan) Can cause extreme distortions of what's seen and heard, sudden changes in behavior, and loss of concentration and memory. Increases risk of birth defects in user's children. Overdose can cause psychosis, convulsions, coma, and death. Frequent and long-term use can cause permanent loss of mental function.
  • INHALANTS (e.g., nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons, hydrocarbons) Can cause short-term effects such as nausea, dizziness, fatigue, slurred speech, hallucinations or delusions. May lead to rapid and irregular heart rhythms, heart failure, and death. Long-term use may result in loss of feeling, hearing, and vision and can result in permanent damage to the brain, heart, lungs, liver and kidneys.
  • OPIATES/NARCOTICS (e.g., heroin, morphine, opium, codeine, oxycodone, china white) Can cause physical and psychological dependence. Overdose can cause coma, convulsions, respiratory arrest, and death. Long-term use leads to malnutrition, infection, and hepatitis. Use of opiates through sharing needles is a leading cause of the spread of HIV and hepatitis. Highly addictive and tolerance increases rapidly.
  • SEDATIVES Can cause reduced reaction time and confusion. Overdose can cause coma, respiratory arrest, convulsions, and death. Withdrawal can be dangerous. In combination with other controlled substances, sedatives can quickly cause coma and death. Long-term use can produce physical and psychological dependence and tolerance can increase rapidly.
  • TOBACCO (e.g., cigarettes, cigars, chewing tobacco) Can cause diseases of the cardiovascular system, in particular smoking is a major risk factor for a myocardial infarction (heart attack), and diseases of the respiratory tract such as Chronic Obstructive Pulmonary Disease (COPD) and emphysema, and cancer, particularly lung cancer and cancers of the larynx and mouth. Nicotine is highly addictive.

For an extensive list of health-related risks, please visit The National Institute on Drug Abuse.

II. Resources

Emergency Department at UNC Hospitals

This resource is for Students, employees, and community members.
Open 24 hours
919-966-4721
For medical emergencies, call 911.
UNC Hospitals Emergency Room website

Campus Resources for Students

CAPS (Counseling and Psychological Services)
Offers individual and group counseling to Students, post-doctoral scholars, and their spouses who have paid the Student Health Fee.
Walk-in hours Monday through Friday, 9am to 4pm.
Located 3rd floor of Campus Health, James A Taylor Building.
CAPS website

Office of the Dean of Students
Offers support and guidance to Students in crisis or facing difficult circumstances.
Located on 1st floor of SASB North.
919-966-4042
Office of the Dean of Students website

Student Legal Services
Offers free legal advice and representation to Students on a variety of legal matters, including but not limited to, drug and alcohol citations. Sessions are confidential.
Located in Union 3512.
919-962-1303
Student Legal Services website

Carpe Diem
15-hour alcohol education class that fulfills the court requirement under deferred prosecution.
919-929-7087
Carpe Diem website

Student Wellness Carolina Recovery Community
For Students in recovery, this group offers social support and 1-on-1 coaching.
Email carolinarecovery@unc.edu for more info.
Carolina Recovery Program website

Accessibility Resources and Service
For Students who may need accommodations under the Americans with Disabilities Act.
Located on the second floor of SASB North.
919-962-8300
Accessibility Resources and Service website

Equal Opportunity and Compliance Office
For Students, faculty, and staff who may need accommodations or to report an incident of discrimination or harassment based on any protected status as set forth in the Policy on Prohibited Discrimination, Harassment and Related Misconduct.
Located at 214 W. Cameron Ave.
Chapel Hill, NC 27599
919-966-3576
Equal Opportunity and Compliance website

Campus Resources for Faculty & Staff

Employee Assistance Program
Confidential counseling and resource program for UNC employees. 24-hour ComPsych line for employees and family members. 877-314-5841
UNC Employee Assistance Program website

Off-Campus Resources

Alcoholics Anonymous/Narcotics Anonymous

Outpatient Services

Duke Child Development and Behavioral Health Clinic
Outpatient services young adults up to 24 years of age.
411 Trent Drive
Durham, NC 27710
919-668-5559
Duke Child Development and Behavioral Health Clinic website

First Step Services
Locations in Raleigh, Cary, and Garner. Assessments, DWI services, and outpatient services for alcohol and drug abuse.
211 East Six Forks Road, Suite 117
Raleigh, NC 27609
919-833-8899
First Step Services website

Freedom House Recovery Center
Offers crisis and detox services as well as outpatient services for alcohol and drug abuse treatment.
104 New Stateside Drive
Chapel Hill, NC 27516
919-942-2803
Freedom House Recovery Center website

Full Life Counseling
Located in Winston-Salem. Pre-treatment, counseling, and sober living services.
983 Mar Don Drive
Winston-Salem, NC 27104
336-923-7426
Full Life Counseling website

Legacy Freedom Treatment Centers
Locations in Asheville, Charlotte, and Raleigh. Intensive outpatient services for addiction.
4944 Parkway Plaza #200
Charlotte, NC 28217
877-254-5536
704-323-6676
Legacy Freedom Treatment Centers website

UNC Alcohol & Substance Abuse Program (ASAP)
Outpatient treatment for alcohol and drug dependency.
UNC Medical Center
101 Manning Drive
Chapel Hill, NC 27514
984-974-1000
UNC Alcohol & Substance Abuse Program website

Residential Programs

Fellowship Hall
5140 Dunstan Road
Greensboro, NC 27405
800-659-3381
Greensboro
Fellowship Hall website

Pavillon Treatment Center
241 Pavillon Place
Mill Spring, NC 28756
800-392-4808
Pavillon Treatment Center website

Red Oak Recovery
631 Willow Creek Road
Leicester, NC 28748
866-457-7590
Red Oak Recovery website

Wilmington Treatment Center
2520 Troy Drive
Wilmington, NC 28401
877-283-4268
Wilmington Treatment Center website

Sober Living

Bluefield
Sober living and recovery support for male college Students.
916 W. Trinity Avenue
Durham, NC 27701
919-973-4159
Bluefield website

Oxford House
Gender-specific sober living, with locations throughout NC, including in Chapel Hill and Durham.
Oxford House website

Procedures

Adjudication & Response to Student & Student Organization Violations

This Policy strives to promote an educational campus environment that encourages healthy choices and behaviors, fosters academic and personal success, supports Student retention, and promotes the safety and well-being of all members of the University community. The adjudication and response to Student and/or Student Organization violations serves as an extension of the vision above. It is intended that Students and Student Organizations are afforded the same process and response such that both terms are interchangeable, with the exception of Medical Amnesty, which is applicable only to individual Students.

I. Learning Outcomes

After participating in the Alcohol Conduct Process, which includes the administrative hearing process and completion of all applicable sanctions, as further described below, Students will be able to:

  1. Recognize the effect of their behavior on themselves, on other Campus Members, and on the University and greater local communities;
  2. Identify dangerous drinking behaviors;
  3. Seek out campus and community resources related to substance abuse;
  4. Articulate their rights and responsibilities as they pertain to the Alcohol Policy; and
  5. Discuss how their personal values and principles impact decision-making.

II. Procedural Rights

A Student accused of violating the Alcohol Policy is afforded procedural rights in the Alcohol Conduct Process. Accordingly, an accused Student has the right:

  1. To receive a notice of the charge(s);
  2. To be informed of the procedural alternatives applicable to their case;
  3. To review the Incident Report regarding the charges against them;
  4. To be presumed not responsible until evidence of their involvement in the violation is proven by a preponderance of the evidence standard (i.e., more likely than not);
  5. To have an objective and impartial hearing;
  6. To have their hearing held within a reasonable amount of time;
  7. To be represented by an attorney or non-attorney advocate. Further information can be found at the UNC Office of Student Conduct's website;
  8. To present witnesses or evidence on their behalf at the hearing; and
  9. To appeal the outcomes of this process.

III. Student Organizations

Student Organizations are subject to the same adjudicative processes and disciplinary actions as are individual Students for violations of the Alcohol Policy. These adjudicative processes and disciplinary actions shall be enforced against Student Organizations in concert with applicable University policies governing those Student Organizations. It is not double jeopardy for a Student Organization or student group to be adjudicated and disciplined under both this Policy and other applicable University policies governing their conduct.

IV. Administrative Action

A. Hearing Officer

A Hearing Officer shall be assigned to each reported violation and shall be a designee of the Vice Chancellor for Student Affairs.

B. Initial Investigation

The Hearing Officer will review documented incidents and referrals of alleged Student violations of the Alcohol Policy. The Hearing Officer will send the Student a written notice of the alleged violation(s), including factual information supporting the allegation. The written notice shall also contain a scheduled initial meeting date and time, as well as a listing of the potential charges, including a statement that additional charges may be assigned as additional evidence becomes available.

C. Initial Meeting

The purpose of the initial meeting is to gain the Student's perspective on the alleged violation(s) and to determine whether there exists a reasonable basis to formally charge the Student with a violation. In the initial meeting, the Hearing Officer shall inform the Student of the alleged violation(s), of the evidence within the Hearing Officer's possession, of the alternatives available to the Student in responding to any charge(s) including acknowledgement of responsibility and its implications, of possible sanctions, and of applicable procedural and appeal rights of the Alcohol Conduct Process. Additionally, the Hearing Officer and the Student will review any applicable evidence, including the incident report, and the Student may also choose to make a statement. If the Student fails to attend the initial meeting without prior written notice and the Student's failure to attend is not otherwise due to extraordinary circumstances, the Hearing Officer will review the evidence and determine if a reasonable basis exists for a charge.

During the initial meeting, the Hearing Officer will exercise one of the following options:

  1. Determine that no reasonable basis exists to formally charge the Student with violating the Alcohol Policy, thereby dismissing the case;
  2. Determine that additional information is needed to make a formal charge decision;
  3. Determine that a reasonable basis exists to formally charge the Student with violating the Alcohol Policy and provide the Student the opportunity to resolve the matter immediately;
    1. If a Student chooses to resolve the matter immediately, the initial meeting becomes the mutual resolution in lieu of the administrative hearing, wherein the Student mutually agrees to resolve and the case becomes final with no further right to appeal.
    2. If the Student chooses to resolve their charges through an administrative hearing at a later date, the Hearing Officer will send the Student a written notice of all charge(s) with a scheduled administrative hearing date and time. The administrative hearing will occur at least five (5) business days after the issuance of the formal charge(s), unless extraordinary circumstances apply. If the Student wishes to hold the administrative hearing on a date prior to five (5) business days after the issuance of the formal charge, the Student may make this request in writing. This written request must be submitted to the Hearing Officer; or
  4. Determine that a reasonable basis exists to formally charge a Student with violating the Alcohol Policy, and determine that this matter be resolved through an administrative hearing to be scheduled no sooner than five (5) business day after the issuance of the formal charge(s); or
  5. Determine that due to the circumstances surrounding the incident, University Medical Amnesty should apply.
D. Legal and University MedicalAmnesty

North Carolina Medical Amnesty

North Carolina law provides an exemption from criminal prosecution for the "possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the offenses solely because the Person was seeking medical assistance for another individual." Amnesty applies if the Person seeking medical attention on behalf of another did all of the following:

  1. "Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance;
  2. Provided his or her own name to the 911 system or to a law enforcement officer upon arrival;
  3. Did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search, and
  4. The evidence for the prosecution of a violation of the N.C. Gen. Stat. §18B-302.2 for the possession or consumption of alcoholic beverages was obtained as a result of the Person seeking medical assistance for the alcohol-related overdose.”

University Medical Amnesty

The University is committed to upholding the law as well as prioritizing Student safety. The University wishes to promote an environment where Students are not afraid to seek help due to the added fear of disciplinary repercussions from the University. The University cannot guarantee amnesty from any civil or criminal legal action, or from any legal consequences arising from a Student's violation of local, state, or federal law. With these priorities in mind, the Hearing Officer acting pursuant to this Policy may defer or decline formal University disciplinary action for violations of this Policy.

The following are situations in which a Student shall be granted amnesty:

  1. Students in need of emergency medical attention: A Student who seeks medical attention or a Student for whom medical assistance was sought by another Person as a result of the consumption of alcohol and who fully cooperates with emergency responders.
  2. Victim of a crime: A Student who has been the victim of a crime after consuming alcohol and reports the crime to law enforcement or University officials.
  3. Reporting party: A Student who has experienced or witnessed sexual violence, interpersonal violence, or other violation of the Policy on Prohibited Discrimination, Harassment, and Related Misconduct, or otherwise experienced or witnessed behavior which endangers the health or safety of themselves or others and reports to Law Enforcement or a University faculty or staff member.
  4. Caller or support Person: A Student, who calls on behalf of or accompanies an impaired individual, remains with that individual until assistance arrives, and fully cooperates with emergency responders.

Amnesty applies to the Alcohol Conduct Process pursuant to this Policy. If the Hearing Officer acting pursuant to this Policy determines to defer disciplinary action, a Student may be required to meet with a Hearing Officer or other University staff Person for the purpose of providing support, resources, educational counseling, or other non-disciplinary interventions as may be appropriate. In situations in which the Hearing Officer grants a deferral through Medical Amnesty, the University withholds disciplinary action. In cases in which a Student does not complete educational interventions, a disciplinary action may be added to the resolution of the case.

E. Administrative Hearing Procedures

Students may request a copy of the incident report in advance of the hearing. During an administrative hearing, the Hearing Officer shall present the evidence within the Hearing Officer's possession and the Student may provide any information or statements that they deem important for the Hearing Officer to consider, including witnesses. If a Student has a reasonable basis to conclude the Hearing Officer cannot consider the case impartially, they may request that a different Hearing Officer be assigned to their case prior to the start of the hearing. If the Student fails to attend the administrative hearing without prior written notice and the accused Student's failure to attend is not otherwise due to extraordinary circumstances, the Hearing Officer will conduct the hearing in the Student's absence and render a decision based on the information available.

In determining a finding of responsibility, the Hearing Officer shall utilize a "preponderance of the evidence" standard. This standard means that after careful and impartial consideration of the evidence and witness testimony presented during the administrative hearing, the Hearing Officer determines it is more likely than not that the Student committed the alleged violation(s) of the Alcohol Policy. The Hearing Officer's decision shall rest solely on the evidence contained in the record of the administrative hearing. The Hearing Officer may reach one of the following decisions for each charge: (a) not responsible; or (b) responsible. The Hearing Officer shall submit a resolution letter containing a notification of the outcome and any assigned sanctions to the accused Student within ten (10) business days, unless extraordinary circumstances require a longer period of time. The written notice shall also include, if applicable, the deadline by which the Student must complete the assigned sanction(s) and any appeal rights.

F. Parental Notification

The University reserves the right to notify the parents/guardians of dependent Students of violations of this Policy. The University may also notify parents/guardians of non-dependent Students who are under the age of 21 of violations of this Policy. Parental notification may also be utilized at the discretion of appropriate University officials when permitted by the Federal Educational Rights and Privacy Act of 1974 ("FERPA") or consent of the Student.

G. Safe Harbor Clause

The University believes that Students who have an alcohol, drug, and/or addiction problem deserve help. If any University Student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued on the basis of the information provided by the Student. A written action plan may be used to track cooperation with the Safe Harbor program by the Student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

V. Sanctioning

A. Purpose

Sanctions are intended to educate Students on the inappropriate nature of their actions, to help Students improve their responsible decision-making, and to hold Students accountable for the expectations set forth in this Policy. If a Student is found responsible for a violation of this Policy, the Hearing Officer will assign sanctions as appropriate. There are three categories of sanctions that may be assigned

  1. Educational Interventions are assigned to educate Students as to why their actions were inappropriate, to help Students improve their responsible decision-making, and to help them grow from the incident.
  2. Disciplinary Sanctions are assigned to hold Students accountable for conduct that violates the Alcohol Policy. Disciplinary sanctions ranging from warning to expulsion are reflected in a Student’s Disciplinary Record maintained by the University.
  3. Other Requirements are assigned to remedy the effects of the misconduct and prevent similar conduct from occurring in the future.
B. Criteria

Sanctions and Interventions will be determined by balancing the following criteria:

  1. The gravity of the violation in question including, but not limited to: intent and deliberation involved in committing the offense; implications for other members of the University community; and University interests impacted by the offense.
  2. The importance of learning through the Alcohol Conduct Process in order to develop a greater sense of responsibility for one's actions and consequences to others, including but not limited to: demonstrated sense of responsibility, demonstrated respect for the importance of integrity; existence of plans to correct the violation and/or prevent future violations.
  3. The importance of equitable treatment for similar violations.
  4. Other compelling circumstances, including but not limited to: the Student's relevant previous conduct history (e.g., recurring patterns of similar misconduct), extraordinary personal circumstances, and the educational goals of the University.
C. Sanctions and Interventions
  1. Educational Interventions for Individuals
    1. Administrative Follow up: A required follow up meeting with a Hearing Officer or designee to evaluate the Student's progress and to provide ongoing support.
    2. Alcohol Education Programs, including, but not limited to:
      1. Online alcohol education: An online course designed to help Students who have violated alcohol policies make safer and healthier choices.
      2. BASICS: Brief Alcohol Screening and Intervention for College Students. A preventive alcohol abuse intervention program for college Students 18-to-24 years old. It is aimed at Students who have had negative experiences or other problems related to alcohol misuse. The program is designed to help Students make better alcohol-use decisions and to reduce their risks for alcohol-related harm. Students who enroll in BASICS are assessed a fee for service that is charged to the Student's account. The fee for service is solely to support the function of the BASICS program.
      3. Decisions Course: UNC's Decisions is a 3-hour Student- centered workshop focused on ethical and critical decision making, and on understanding readiness for behavior and attitude change through self-awareness. The program helps Students align personal and University core values with their actions in an atmosphere of responsibility and accountability. The program engages participants in a process of self-awareness and critical reflection. Students will learn applied skills and have opportunities to practice these skills to make better choices moving forward.
    3. Referral: A required follow up with a campus partner or community agency. Referrals are typically made in order to connect Students to resources or to help Students manage issues that led to the violation by connecting them with an individual who is specialized in the area of concern.
  2. Educational Interventions for Student Organizations

    Educational interventions designed to help members of an organization understand the nature and implications of the misconduct and prevent similar misconduct from arising in the future. These interventions can be, but are not limited to, presentations, workshops, completion of projects, programs, or requirements as determined appropriate by the Hearing Officer.

  3. Disciplinary Sanctions for Students
    1. Warning: An official written reprimand as a part of a Student’s Disciplinary Record, that is formally communicated by a letter giving the Student notice that any subsequent violations will result in more stringent sanctions, up to and including disciplinary suspension.
    2. Disciplinary Probation: A Student may remain at the University, but may be required to satisfy specified conditions or requirements, report regularly to appropriate University officials or community professionals, and may be barred from holding any office or participating in any activity in which the Student represents the University or University-recognized Student Organizations either within or outside the University community. The sanction of probation prohibits graduation until the period of probation has ended and the Student has complied with all requirements of the sanctions. Disciplinary probation shall be reflected on a Student's academic transcript while active, but the notation will be removed upon successful completion of disciplinary probation. Disciplinary probation must be assigned for either:
      1. A definite period of time specified by the Hearing Officer, or
      2. An indefinite period, with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of probation or reinstatement to good standing. The petition shall be reviewed by the Hearing Officer. A probation for an indefinite period of time shall only be lifted upon approval by a Hearing Officer.
    3. Disciplinary Suspension: A Student is removed from good standing and must leave the University. Suspension anticipates that the Student will return if applicable conditions are satisfied. Academic work completed at another institution during a period in which a Student is under suspension from the University may not be transferred toward the degree, but applicable health care or insurance benefits may be continued8. Suspension prohibits graduation until the period of suspension has ended and the Student has complied with all requirements of the sanction. Suspension shall be reflected on a Student’s academic transcript while active, but the notation will be removed upon successful completion of disciplinary suspension. Disciplinary suspension must be assigned for either:
      1. A definite period of time specified by the Hearing Officer, or
      2. An indefinite period, with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of suspension or reinstatement to good standing. The petition shall be reviewed by the Hearing Officer. A suspension for an indefinite period of time shall only be lifted upon approval by a Hearing Officer.
    4. Permanent Suspension: A Student is permanently removed from good standing and the Student must leave the University permanently without an expectation that the Student may eventually return to the Chapel Hill campus. A Student permanently suspended from the campus is not barred from seeking admission to another UNC System university, if that university wishes to permit such application following disclosure of the Student's Disciplinary Record at UNC-Chapel Hill. Permanent suspension may only be imposed with the concurrence of the Chancellor and will remain in effect unless and until the Chancellor who imposed or approved the sanction or the Chancellor's successor concludes on the basis of the former Student's petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at UNC-Chapel Hill.
    5. Expulsion: A Student is permanently removed from good standing and the University and may not be admitted to any UNC System university. Expulsion may only be imposed with the concurrence of the Chancellor and will remain in effect unless and until the Chancellor who imposed or approved the sanction or the Chancellor's successor concludes on the basis of the former Student's petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at UNC-Chapel Hill.
    6. Loss of Privileges: Assigned for a definite or indefinite period. Loss of privileges may include restrictions on participation in athletic competitions or practices or other activities or events sponsored by the University or Student Organizations, restrictions on the use of University facilities for meetings or other activities, removal from University housing, and loss of other privileges as deemed appropriate to deter future misconduct.
  4. Disciplinary Sanctions for Student Organizations
    1. Warning: An official written reprimand that is formally communicated by a letter giving the Student Organization notice that any subsequent violations warrant additional and more stringent University action, up to and including group suspension.
    2. Restrictions on Student Organization activities, space, and privileges:
      1. Activity restrictions, prohibiting the Student Organization from sponsoring or participating in specified activities, including but not limited to, social activities, parties, event functions, or intramural competitions, for a specified period of time.
      2. Space restrictions, prohibiting the Student Organization from use of University facilities or property for meetings or any other activities, for a specified period of time.
      3. Privilege restrictions, prohibiting the Student Organization from specific privileges that are not activity or space restrictions, for a specified period of time. Including, but not limited to, prohibiting any sponsorship or service of alcohol, or addition of new members to the Student Organization.
    3. Group Probation: For a period of time, any act of misconduct resulting in a violation of this Policy warrants increased accountability, which may include suspension or revocation of the Student Organization’s status or affiliation with the University. Included in probation is a warning that subsequent violations warrant additional University action, and additional restrictions as specified in writing serve as conditions for completion of the probation and return to good standing with the University. Group probation must be assigned for either:
      1. A definite period of time determined by the Hearing Officer, or
      2. An indefinite period of time with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student Organization that has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of probation or reinstatement to good standing. The petition shall be reviewed by a Hearing Officer. A probation for an indefinite period of time shall only be lifted upon approval by a Hearing Officer.
    4. Group Suspension: For a period of time, temporary removal of a Student Organization’s status as recognized or affiliated with the University. Suspension may limit recruitment or addition of new members to the Student Organization. Suspension may include other restrictions or sanctions as conditions to return to good standing, as provided in writing, but may not restrict any privileges to occupy or hold property. Group suspension must be assigned for either:
      1. A definite period of time determined by the Hearing Officer, or
      2. An indefinite period of time with potential end date determined by the Hearing Officer. Upon completion of the requisite period, a Student Organization who has satisfied pertinent conditions or requirements must submit a formal petition requesting removal of suspension or reinstatement to good standing. The petition shall be reviewed by the Hearing Officer. A suspension for an indefinite period of time shall only be lifted upon approval by a Hearing Officer.
    5. Revocation of Recognition: A permanent revocation of a Student Organization’s affiliation or recognition by the University, if approved by the Chancellor.
  5. Other Interventions for Students or Student Organizations

    The Hearing Officer may assign other sanctions or interventions as deemed appropriate to remedy the effects of the misconduct and prevent similar conduct from occurring in the future. Other requirements may include, but are not limited to:

    1. Restitution: A monetary sanction imposed on Students when there is a financial cost associated with their behavior.
    2. Community Service: A required sanction in which the Student must complete a service learning experience for a designated amount of time. The Student must provide documentation to the Hearing Officer confirming the completion of the community service experience.
D. Administration of Sanctions and Interventions

It is the responsibility of a Student or Student Organization to timely inform the Hearing Officer of extenuating circumstances preventing the Student or Student Organization from completing the assigned sanction(s) or interventions by the assigned deadline and, if necessary, to request that the Hearing Officer grant an extension of the assigned deadline. The Hearing Officer, in the Hearing Officer's sole discretion and in taking into consideration the particular facts and circumstances supporting the extension request, may choose to extend the deadline.

If a Student or Student Organization fails to complete the assigned sanction(s) by the established deadline, the Hearing Officer may take any of the following actions:

  1. In cases involving violations committed by individual Students:
    1. Take administrative action against the Student, to be removed by the Hearing Officer upon the Student's successful completion of the assigned sanctions or interventions. This includes any combination of administrative actions affecting the Student's ability to enroll in classes, to receive an official transcript, to graduate, or to sign up for campus housing; or
    2. Refer the Student's non-compliance to the appropriate authority as a potential violation of the Alcohol Policy.
  2. In cases involving individual Students granted Medical Amnesty:
    1. A finding of responsibility for appropriate Alcohol Policy violation(s), and
    2. Imposition of appropriate disciplinary and educational outcomes for a finding of responsibility.
  3. In cases involving violations committed by Student groups or Student Organizations:
    1. Imposition of additional group sanctions as appropriate; or
    2. Refer the Student Organization's non-compliance to the appropriate authority as a potential violation of the Alcohol Policy.

VI. Appeals Process

A. Grounds for Appeal

The Appellate Officer is an impartial decision-maker who serves as the designee of the Vice Chancellor for Student Affairs. A Student or Student Organization may appeal the Hearing Outcome only on the following grounds:

  1. Procedural Rights: A violation of procedural rights afforded in the Procedures for Adjudication & Response to Student & Student Organization Violations, Section II (material deviation from established procedures that would substantially affect the outcome);
  2. Newly Discovered Information: Newly discovered information has been obtained that was not previously available during the initial investigation or the administrative hearing process through the exercise of due diligence, and this newly discovered information would substantially affect the outcome.

Mere dissatisfaction with the Hearing Outcome is not a valid basis for appeal.

B. Appeal Submission

The appeal must be submitted in writing to the applicable Appellate Officer within five (5) business days from the delivery of the resolution letter. The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal. Receipt of the written appeal will be acknowledged in writing. Any sanctions imposed by the Hearing Officer will not be enforced until the deadline for submission of an appeal has passed. Once a Student or Student Organization submits a request for an appeal, the sanction(s) will not be enforced until after the determination of a final appeal decision.

C. Appeal Review

The Appellate Officer will assess the written appeal to determine whether the appeal is timely filed and, if so, whether the appeal is properly framed based on the two permissible grounds. If the Appellate Officer determines that the appeal was not timely filed or does not state one of the two permissible grounds for appeal, the appeal will be denied. If the appeal is timely filed and meets one or more of the grounds for appeal, the Appellate Officer shall review and consider solely the evidence contained in the case file. If necessary, the Appellate Officer may request to meet with the Student or with members of the Student Organization to discuss the appeal further in order to make a determination. No new evidence may be entered during the appeal process unless strictly outlined as a ground for appeal.

D. Appeal Decision

The Appellate Officer will reach a decision after reviewing the case file, the grounds for appeal as stated in the written appeal, and any applicable discussion with the Student, members of the Student Organization, or other relevant witnesses. The decision of the Appellate Officer is final, and the Appellate Officer shall submit a written rationale of the decision within ten (10) business days after receipt of the appeal petition or any appeal hearing unless extraordinary circumstances require a longer period of time. When making a determination, the Appellate Officer may:

  1. Uphold the decision of the Hearing Officer; or
  2. Overturn the decision of the Hearing Officer by:
    1. Dismissing the case;
    2. Remanding the case for a new Administrative Hearing; or
    3. Modifying the sanctions. The Appellate Officer may not increase a sanction or other penalty, but may assign a lesser sanction if appropriate.

VII. Maintenance of Records

Access to any Student's Disciplinary Record will be governed by the provisions of FERPA. University officials or faculty members with a legitimate educational interest may have access to a Student’s Disciplinary Record.

A record of the outcome and any imposed sanction(s) from an Alcohol Policy violation by a Student or Student Organization shall appear in a Disciplinary Record maintained by the Office of Student Conduct. Disciplinary Records for Students shall be maintained for a period of seven (7) years from the date of resolution. Disciplinary Records for Student Organizations shall be maintained indefinitely. The sanctions of Disciplinary Probation, Suspension, Permanent Suspension, or Expulsion, will be reflected on a Student’s academic transcript only for the term(s) in which the sanction is active. Upon completion of the disciplinary outcome and all associated requirements, the notation on the transcript will be removed.

Footnotes

1. These policies include, but are not limited to: the Facilities Use Policy; The Instrument of Student Judicial Governance; Carolina Housing Community Living Standards; and the Policy on Prohibited Discrimination, Harassment and Related Misconduct. For a comprehensive list of these and other University policies that may inform this Policy, please visit the UNC-Chapel Hill Policy repository.

2. See: National Institute on Alcohol Abuse and Alcoholism (NIAAA) College Task Force, Reducing Alcohol Problems on Campus: A Guide to Planning and Evaluation, (April 2002).

3. Definitions for key terms (denoted by capitalization) used within this Policy and associated appendices may be found in the Alcohol Policy.

4. In those jurisdictions where the legal drinking age is other than 21, the prevailing legal drinking age would be applied for the purposes of this Policy.

5. See Education Department General Administrative Regulations (EDGAR) Subpart A, Sec. 86.1 (2012) and 20 U.S.C. 1145(g).

6. See Standards: Alcohol & Other Drug Risks and Resources for information and resources regarding alcohol and other drugs. Additional information available at alcohol.unc.edu/.

7. A Student who has not yet matriculated remains subject to applicable admissions policies in addition to or in lieu of this Policy.

8. In those cases in which the Hearing Officer determines that the sanctions of Disciplinary Suspension, Permanent Suspension, or Expulsion should be considered, the Hearing Officer will comply with UNC System Policy 700.4.1, Section 6.

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Details

Article ID: 132458
Created
Thu 4/8/21 9:31 PM
Modified
Thu 8/12/21 7:40 AM
Effective Date
If the date on which this document became/becomes enforceable differs from the Origination or Last Revision, this attribute reflects the date on which it is/was enforcable.
10/10/2019 12:00 AM
Issuing Officer
Name of the document Issuing Officer. This is the individual whose organizational authority covers the policy scope and who is primarily responsible for the policy.
Issuing Officer Title
Title of the person who is primarily responsible for issuing this policy.
Dean of Students
Last Review
Date on which the most recent document review was completed.
10/10/2019 12:00 AM
Last Revised
Date on which the most recent changes to this document were approved.
10/10/2019 12:00 AM
Origination
Date on which the original version of this document was first made official.
08/01/2016 12:00 AM
Responsible Unit
School, Department, or other organizational unit issuing this document.
Student Affairs