Alcohol and Drugs Policies

Alcohol Use at the University
CU-Boulder is committed to excellence in all aspects of personal and academic life. We recognize that alcohol abuse and misuse is a significant impediment to achieving this excellence. Therefore, CU-Boulder permits only responsible, legal consumption of alcohol.

The university complies with all federal, state, and local laws concerning alcohol and illegal drugs. As a CU-Boulder student, you are responsible for acquainting yourself with the laws and university policies regarding alcohol and illegal drugs.

Alcohol Policies
The policies listed below apply to the Boulder campus and to university sponsored activities at off-campus locations. Administrators, alumni, faculty, guests, staff, and students must adhere to all applicable state and local laws and university regulations related to the sale and use of alcoholic beverages. Those persons or organizations making decisions that control the service of alcoholic beverages are responsible for compliance with applicable laws and university policies.

Standards of Conduct
The information contained within Students’ Rights and Responsibilities Regarding Student Conduct applies to all students at the University of Colorado at Boulder regardless of designation, program, or residence. A list of the standards begins on page 72 of this guide, or to obtain a copy of the entire publication, contact the Office of Judicial Affairs in Willard 451, 303-492-5550. The code is also available online at www.colorado.edu/studentaffairs/judicialaffairs.

The regulations apply primarily to acts of misconduct occurring on university premises. However, violations of standards occurring off campus and that have, or may threaten to have, a significant impact on the university’s mission or activities, or on the health, safety, or security of the university and members of the university community, fall within the jurisdiction of the Office of Judicial Affairs and might lead to disciplinary action. For this reason, the university adjudicates off-campus cases that are felt to impact the university’s educational mission and/or the health and safety of members of the community. These cases have included distribution/sale of drugs or alcohol and assaults, and have often resulted in sanctions of suspension.

It should be noted that in the case of a student who is found guilty via the university’s due-process procedure to have endangered the health, safety, or welfare of an individual through the provision of alcohol or other drugs in violation of state and federal laws, the minimum disciplinary sanction shall be suspension.

Students can have fun but in a responsible way so that the safety of others is not in danger. In effect, a student would not face suspension for first-time illegal possession or consumption of alcohol, but the university would hold accountable any student who provided alcohol or other drugs in violation of state and federal laws and as a result caused harm or potentially endangered another person.

Laws Related to Alcohol Use and Sale

1.       The sale of alcoholic beverages is prohibited except in designated areas at times and dates licensed by the Colorado State Department of Revenue.

2.       Persons under 21 years of age cannot legally possess or consume malt beverages (>4.0 percent beer by weight), fermented malt liquor (3.2 percent beer by weight), or vinous or spirituous liquor. The furnishing of alcoholic beverages to underage persons is prohibited.

3.       No person under legal drinking age nor any obviously intoxicated person shall be furnished, served, or given an alcoholic beverage.

4.       Alcohol cannot be consumed or carried in open containers on any street, sidewalk, alley, automobile, or public area.

University Requirements for Serving Alcohol

1.       Alcohol may not be served unless non-alcoholic beverages (in addition to water) and food also are served. Food and non-alcoholic beverages must be available without cost if alcohol can be consumed at no cost.

2.       When events last two hours or more, service of alcoholic beverages must stop one-half hour before the close of the event.

3.       It is the responsibility of those in charge of an event to assure that no one who is underage is served any alcoholic beverages. No service will be provided unless clear evidence of legal age is presented. Evidence proving legal age must be presented by the alcohol consumer. The burden of proof for showing legal age is on the alcohol consumer.

4.       Alcohol may not be consumed or carried in open containers in the commons or public areas (as defined by law and university regulations) of any building or grounds, except as provided for below:

a.       in individual lodging rooms or apartments owned by the university or other private areas, e.g., individual offices or lounges in which consumption is clearly not part of an official group activity or event.

b.       for group activities or events where a liquor license (if required) has been obtained and the building proctor or scheduling officer has approved the event.

c.        all events that serve alcohol to the public and all events with alcohol sales must be on licensed sites in accordance with state liquor laws. This may be through a site with a permanent liquor license or through obtaining a State of Colorado Special Event Permit.

5.       Advertisements on campus for events where alcohol will be consumed must follow the posting policies required in the document titled Committee on Use of University Facilities (CUUF). Copies of this document are available in the Standing Committee on Substance Abuse (SCOSA) program office, Baker 119, 303-492-7956.

6.       Alcohol sales revenue may not be used for fundraising on campus.

7.       The cost of admission to an event may not include alcoholic drinks such as beer. Beer must be purchased separately.

8.       Alcohol sales must be handled by one of the Boulder campus authorized concessionaires. (An authorized concessionaire is one who routinely sells alcohol in the course of business and who meets all university criteria for obtaining appropriate insurance and licensing requirements.) Any profits or losses will be retained by the concessionaire. Free beer also must be handled by an authorized concessionaire, with costs for this service covered by the event sponsor.

9.       Event sponsors must have prior approval for the service of alcoholic beverages at special events. Event approval forms are available at the Athletics Department, the Student Recreation Center, Nonacademic Scheduling, and the Coors Events/Conference Center.

10.    Event sponsors also should contact University Risk Management at 303-492-1904 or the Nonacademic Scheduling Coordinator at 303-492-8833 about requirements for engaging an “event manager.” Costs for this service will be covered by the event sponsor. In some cases, full-time faculty and/or staff may serve as event managers with the approval of the Office of Risk Management.

11.    Event sponsors should contact University Risk Management at 303-492-1904 for information and requirements for obtaining a Special Event Permit.

Appeals Procedure
Any time approval for a campus event is denied, the group wishing to sponsor the event may petition University Risk Management, 303-492-1904. Petitions for appeal must be received by University Risk Management within five working days of the receipt of notice that any official whose approval is required has denied the request.

The risk manager will then assemble a committee of four:

1.       The campus director of risk management or designee

2.       The police chief or designee

3.       The director of the University Memorial Center or designee

4.       A student appointed by the UCSU tri-executives

The committee will review the petition, gather information as necessary, assess the costs, benefits, and risks associated with the proposed event, and render a final decision. Final approval for the event will be given only if all four committee members vote in favor of the event. A decision by this committee will be rendered within five working days of the receipt of the appeal.

Suggestions for Implementing University Requirements
General

1.       Encourage those who drink to drink responsibly. Respect the decision of those who decline to drink. Encourage others to respect the decision of those who choose not to drink.

2.       Acknowledge alternatives to alcohol in planning, advertising, and conducting events.

3.       Make accurate information about the use and abuse of alcohol available to both drinkers and to anyone serving alcohol.

4.       Do not provide excessive amounts of alcohol, even if the alcohol is provided free by a sponsor or cosponsor.

5.       Never make alcohol the focus of an event.

Alcohol Service

1.       Person in Charge: Someone must assume responsibility for supervising the event and should be present at all times. Anyone serving alcohol at an event must be of legal age for events at which malt (4 percent beer by weight), fermented malt liquor (3.2 percent beer), or vinous or spirituous liquor will be consumed.

2.       Composition of Group: Colorado law states that persons under 21 years of age not be furnished, served, or given alcoholic beverages. The age of attendees will significantly influence what procedures will be required to ensure compliance with the law.

Distribution and Use
Suggested ways to ensure compliance with Boulder campus policies and applicable laws at large events are:

1.       Put the burden of proof for showing legal age on the person being served. Check picture IDs at distribution. The most useful identification for this purpose is a valid driver’s license or the state ID card issued to nondrivers by the Department of Motor Vehicles.

2.       Allow only persons of legal drinking age to attend the event.

3.       Serve each person only one drink at a time.

4.       Use an ink stamp to stamp the hands of all persons who are of legal drinking age.

5.       Have security officers, staff, and other responsible people mingle with the crowd to watch for underaged persons who are consuming alcohol.

6.       Limit alcohol consumption by punching a hole in the admission ticket with each serving and limiting the number of holes allowed per ticket.

Advertising

1.       Advertisements should include a statement in which responsible use of alcohol is encouraged or the choice not to drink is supported. Examples: “Don’t drink and drive,” “Nonalcoholic refreshments available,” “Don’t abuse alcohol,” or “If you use it, don’t abuse it,” etc.

2.       Promotion of alcohol or of activities at which alcohol will be consumed should not encourage any form of illegal use, misuse, or over-consumption, nor place emphasis on quantity or frequency of use.

3.       Advertising should emphasize activities, other than the consumption of alcohol, as the primary purpose of the event.

4.       Advertising should not associate consumption of alcohol with the performance of tasks that require skilled reactions (e.g., athletic activities, operation of motor vehicles, use of machinery, etc.).

5.       Advertisements for these events should be sensitive to social concerns such as sexism, racism, and ethnocentrism.

Drug Policy
The sale, manufacture, distribution, use, and/or possession of illegal drugs is prohibited. Students accused or suspected of violating the university’s drug policy may be referred to the Office of Judicial Affairs for disciplinary action.

Contact the Office of Judicial Affairs at 303-492-5550 for more information concerning the university’s drug policy and disciplinary procedures, as well as students’ rights within the disciplinary procedures.