Alcohol and Other Drugs

Alcohol and Drugs
It is our goal to provide a healthy, satisfying working and learning environment which promotes personal opportunities for growth. In meeting these goals, it is the policy of the TWU Board of Regents to (1) assure that employees and students are not impaired in their ability to learn or perform assigned duties in a safe, productive, and healthy manner; (2) create an environment free from the adverse effects of drug and alcohol substance abuse or misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of alcohol and controlled substances; and (4) to encourage students and employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to learn or perform their assigned duties. (Regent Policy A.05.02)

Alcohol

  1. General University Regulation and Procedures (URP) to be followed by all individuals and groups:
    1. Use or possession of alcoholic beverages at Texas Woman’s University by an individual under the age of 21 is prohibited. Failure to comply with this regulation violates state law and the regulation and procedures governing student conduct and will subject the individual to disciplinary action.
    2. Texas Woman’s University reserves the right to designate locations, times, and conditions under which alcoholic beverages may be served and under which persons of legal drinking age may consume or possess beer, wine, or distilled spirits in or on any property under the control or jurisdiction of the University.
    3. Persons of lawful age under Texas statutes may be permitted to possess and/or consume alcoholic beverages in the privacy of their rooms or apartments in residence halls of the University.
    4. Alcoholic beverages intended for consumption on any University property, except for private residence hall rooms, must be purchased from the TWU Catering. Any exceptions to this policy must be authorized by the University Special Event Committee.
    5. Groups, individuals, departments, or organizations desiring to serve or consume any type of alcoholic beverage on campus must obtain permission in advance by means of the Special Event Form. Forms may be obtained from the Office of Student Life, SU 206 or the Student Union Office, SU 209 (Denton campus); the Assistant Director for Student Life (Dallas Parkland center); the Assistant Director for Student Life (Houston center). In order to provide time for processing, Special Events forms must be completed and filed with the appropriate office(s) at least 15 working days in advance of the proposed function where alcoholic beverages would be served.
      Only the following exceptions will be made to the required filing of the Special Event Form:
      1. Private use in a residence hall and/or apartment as indicated under Section A.3;
      2. Private homes owned by the University or on University property including the University President’s home and other private residences rented to individuals by the University.
    6. Special Event Forms will not be approved for areas of the campus which are designated as non-public or as instructional areas. For purposes of this policy these areas include, but are not restricted to: offices; public child care facilities; libraries; research areas; laboratories; music practice rooms; laundries; warehouses; stockrooms; shops; general service areas; mechanical rooms; the power plant; rest rooms; studios; computer rooms; study rooms; hallways; elevators; balconies; and classrooms. Approval will also be contingent upon evidence of appropriate methods of complying with State statutes regarding the serving of alcoholic beverages to persons not of lawful drinking age and evidence of appropriate security measures. Request forms must have the approval of the appropriate facilities personnel, the Vice President for Student Life (or designee)and the Department of Public Safety. In addition, student organizations must receive written authorization from the Center for Student Development. The Vice President for Student Life and the Department of Public Safety will be notified each time a request for use of alcoholic beverages on campus is approved. A copy of the approved Special Event Form must be available at any event where alcoholic beverages will be present as proof that permission was obtained.
    7. On-campus possession of open containers and consumption of beer, wine, and/or distilled spirits by individuals is prohibited in all public areas of University-owned or controlled facilities and grounds (excluding the golf course) except for those specifically designated by this URP or those specifically approved on a per-event basis via the Special Event Form.
    8. With the exception of the Golf Course Clubhouse, all sales of alcoholic beverages on the Denton campus will be coordinated through TWU Catering.
    9. General Guidelines:
      1. Public university funds, including Student Services fees, Student Union fees, and residence hall fees, may not be used to purchase alcoholic beverages on or off campus.
      2. Hosting individuals and/or organizations, as well as individuals in attendance, are responsible for the conduct of those attending the event, ensuring that any consumption of alcoholic beverages occurs in a lawful and responsible manner and that people under the legal drinking age do not consume alcoholic beverages.
      3. All individuals attending an activity where alcoholic beverages are served, consumed, or are present must maintain on their persons appropriate proof of age. Participants must present either a Texas driver’s license or a photo I.D. card issued by the Texas Department of Public Safety.
      4. Possession or use of a false identification will result in appropriate disciplinary and/ or criminal action.
      5. Appropriate disciplinary and/or criminal action will be taken in cases where persons of legal age are found providing alcoholic beverages to persons under the age of 21.
      6. Texas Woman’s University registered student organizations may not serve, sell, or consume alcoholic beverages at any organization meeting or function on or off campus.
    10. Advertising of University events where alcoholic beverages will be consumed must be consistent with the educational philosophy of Texas Woman’s University, the TWU Distribution of Information URP and with the following general guidelines:
      1. Advertisement for any University event where alcoholic beverages are being served must note the availability of non-alcoholic beverages and food as prominently as the alcoholic beverages.
      2. The messages conveyed in the promotion of any event must not encourage any form of misuse of alcoholic beverages.
      3. Publicity must not refer to the amount or quantity of alcohol e.g., two-keg party, etc.
      4. Advertisements for events must not portray drinking as a solution to personal or academic problems of students nor as necessary to social, sexual, or academic success.
      5. Alcoholic beverages must not be provided as awards, door prizes, or giveaways.
  2. Specific Guidelines for University Residence Halls:
    Residence hall occupants and their guests are required to comply with state and local statutes concerning possession, sale, and consumption of alcoholic beverages. If used, alcoholic beverages must be used in moderation to ensure residents’ rights to privacy, sleep, and study within their rooms/apartments. Loud or disruptive behavior, interference with cleanliness of the residence halls, or drinking habits which are injurious to health or education of an individual or those around her or him are reasons for appropriate disciplinary action by the University.
    Residence hall occupants of lawful age may consume and possess alcoholic beverages in the privacy of their rooms and/or apartments only under the following guidelines:
    1. Alcoholic beverages may be possessed or consumed, but not sold, in the privacy of student rooms or apartments by those residents and their invited guests who are of legal  drinking age.
    2. All alcoholic beverages that are transported through public areas must be unopened and concealed. See Section A.7 for further information.
    3. All private gatherings held in student rooms/apartments must be confined to the specific room/apartment, and the door must be closed. A maximum of six (6) occupants (residents and guests) is allowed per room or apartment.
    4. Students may not possess an excessive amount of alcoholic beverages. The definition of “excessive” is at the discretion of the University Housing and Residence Life. Kegs or other large containers that contain or have contained alcoholic beverages are prohibited in the residence halls.
    5. Advertisement of private gatherings (parties) in a resident’s room/apartment is prohibited.
    6. Residents are responsible for the action(s) of their guests at all times. The use/misuse of alcoholic beverages does not excuse disruptive, noisy, or indecent behavior.
    7. Progressive drinking parties are not allowed.
    8. Alcoholic beverages cannot be served or consumed at functions sponsored by RHA or hall governments.
  3. Referral Procedures for Noncompliance: Individuals or organizations violating the Alcoholic Beverage URP will be referred to the appropriate Vice President or their designees for disciplinary and/or criminal action.
  4. Penalties for Noncompliance:
    All students, faculty, staff, and visitors using university facilities have a responsibility to abide by all conditions of the Alcoholic Beverage URP. Persons found guilty of noncompliance with this regulation or the laws of the State of Texas have committed a violation of university rules and regulations and are subject to sanctions commensurate with the offense as outlined in the Student Code of Conduct, Faculty/Staff Handbooks, and Sections A-L under “Legal Requirements Concerning the Use of Alcohol” in this URP.
    1. Student violations of the Alcohol URP will result in confiscation and disposal of the alcoholic beverages and referral to the University Code of Conduct Review process for appropriate action.
    2. Non-affiliated groups or organizations in violation of this URP will have the function or event closed immediately, forfeiting the remainder of their rental as well as their deposit, and may lose the privilege of future use of Texas Woman’s University facilities.

LEGAL REQUIREMENTS CONCERNING THE USE OF ALCOHOL
The use of alcoholic beverages by members of the Texas Woman’s University community is at all times subject to the alcoholic beverage laws of the state of Texas. Such laws presently include, in part:

  1. Purchase, Consumption, or Possession of Alcoholic Beverages by a Minor - A minor commits an offense if she/he consumes an alcoholic beverage except if under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; consumes an alcoholic beverage except in the visible presence of the minor’s adult parent, guardian, or spouse; or she/he possesses an alcoholic beverage except during employment by a licensee or permittee and the employment is not prohibited by this code or in the visible presence of the minor’s adult parent, guardian, spouse, other adult to whom committed by a court, or the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. A violation is a Class C Misdemeanor punishable by a fine not to exceed $500. If a person has been previously convicted of a violation of this section, a violation is a misdemeanor punishable by a fine of not less than $250 nor more than $2,000 and/or confinement in jail for a term not to exceed 180 days. (Alcoholic Beverage Code [ABC] Sec. 106.02, 106.04, 106.05, and 106.071 and Penal Code [PC] Sec. 12.23)
  2. Purchase of Alcoholic Beverages for a Minor/Furnishing Alcoholic Beverages to a Minor - A person commits an offense if she/he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor, unless the person is the minor’s adult parent, guardian, or spouse or an adult in whose custody the minor has been committed by a court and is visibly present when the minor possesses or consumes the alcoholic beverage. A violation of this section is a Class A Misdemeanor punishable by a fine not to exceed $4,000 and/or confinement in jail for a term not to exceed one year. (ABC Sec. 106.06 and PC Sec. 12.21)
  3. Misrepresentation of Age by a Minor - A minor commits an offense if she/he falsely states that she/he is 21 years of age or older or presents any document that indicates that she/he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. A violation of this section is a Class C Misdemeanor punishable by a fine not to exceed $500. If a person has been previously convicted of a violation of this section, a violation is punishable by a fine of not less than $250 or more than $2,000 and/or confinement in jail for a term not to exceed 180 days. (ABC Sec. 106.07 and 106.071 and PC Sec. 12.23)
  4. Public Intoxication - An individual commits an offense if the individual appears in a public place under the influence of alcohol or any other substance to the degree that the individual may endanger self or another. Public intoxication is a Class C Misdemeanor | that is punishable by a fine of up to $500. (PC Sec. 49.02)
  5. Sale of Alcoholic Beverages - The sale or possession for the purpose of sale of any type of alcoholic beverage is prohibited by state law unless the seller possesses a valid license or permit. (ABC Sec. 11.01 and 61.01) The term “sale” is broadly interpreted by law enforcement authorities to include such practices as charging admission to events where alcoholic beverages are served. In addition, tickets, activity fees, membership dues, or other exchanges that are in any way restrictive are viewed as indirect payment for alcoholic beverages and are illegal unless the alcohol is obtained through a valid liquor license.
  6. Consumption After Hours - Consumption of alcoholic beverages in a public place is not permitted between the hours of 12:15A.M. and 7:00 A.M., Monday-Saturday and 1:15 A.M. and 12 noon on Sunday. (ABC Sec. 105.06) Consumption after hours is a Class C Misdemeanor offense with a fine of up to $500. (PC Sec. 12.23) Therefore, an individual should not possess a cup, glass, can, bottle, or any other receptacle containing alcoholic beverages in a public place between the hours listed above. This includes streets, parking lots, restaurants, bars, or any establishment open to the public as well as outside fraternity/sorority houses.
  7. Consumption or Possession of Alcoholic Beverages in a Motor vehicle - A person commits an offense if the person knowingly possesses an open container, meaning a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed, in a passenger area, meaning the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle, of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. A violation of this Section is a Class C Misdemeanor offense with a fine of up to $500. (PC Sec. 49.031 and PC Sec. 12.23)
  8. Driving While Intoxicated - “Intoxication” is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or, having an alcohol concentration of 0.08 percent or more. A person commits an offense if the person is intoxicated while driving or operating a motor vehicle in a public place. A first offense is a Class B Misdemeanor with a fine of up to $2,000 and confinement in jail for a term of not less than 72 hours nor more than 180 days. If the person driving or operating the motor vehicle had an open container of alcohol offense is also a Class B misdemeanor with a minimum term of confinement in jail for six days. (PC Sec. 49.01 and 49.04)
  9. Boating While Intoxicated - A person commits an offense if the person is intoxicated while operating a watercraft. An offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours. (Section 49.06 Penal Code)
  10. Intoxication Assault - A person commits an offense if the person, by accident or mistake, while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place or while assembling a mobile amusement ride while intoxicated by reason of that intoxication causes serious bodily injury to another. “Serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. An offense under this section is a felony of the third degree. (Sec. 49.07 Penal Code)
  11. Intoxication Manslaughter - A person commits an offense if the person operates a motor vehicle in a public place, operates an aircraft or a watercraft or an amusement ride, or assembles a mobile amusement ride and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. An offense under this section is a felony of the second degree. (Sec. 49.08 Penal Code)
  12. Enhanced Offenses and Penalties - If it is shown on trial of an offense under Section 49.04, 49.05, 49.06, or 49.065 that the person has previously been convicted one time of an offense relating to the driving or operating of a motor vehicle, an aircraft, or a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated, the offense is a Class A misdemeanor with a minimum term of confinement of 30 days. If it is shown that two times of an offense relating to the driving or operating of a motor vehicle, an aircraft, a watercraft, or an offense of operating or assembling an amusement ride while intoxicated, the offense is a felony of the third degree. (Sec. 49.09 Penal Code)

Guidelines
Misrepresentation of the required information will result in the immediate loss of alcohol use privileges and further disciplinary actions at the discretion of approving individuals.

No public University funds may be used to purchase alcohol on or off campus. This includes the use of student services fees, Student Union fees, or residence hall fees.

A cash damage deposit will be paid once the request for alcohol use has been approved. The amount will vary with the facility and type of event.

University components, University affiliates, non-university individuals, organizations, or groups providing alcoholic beverages for use on campus with approval must purchase all alcoholic beverages and hire a bartender through TWU Catering. The only exceptions to Special Events procedural requirements are private use in residence hall rooms/apartments or champagne toasts at wedding receptions held outside of Hubbard Hall. All other exceptions to this policy must be approved in advance by the University Special Event Committee.

Drugs
The use, possession, and/or distribution of illegal drugs are prohibited on Texas Woman's University property. Such use of drugs by TWU students is subject to the processes and penalties set out in the Student Code of Conduct University Regulation and Procedures (URP). Sanctions include suspension or expulsion from attendance or enrollment at Texas Woman's University.

Definitions

  • The term “illegal drug” shall mean any drug or substance defined and regulated under Article 4476-14 or Article 4476-15 or Vernon’s Texas Civil Statutes (except as may be allowed by said provisions) or any drug or substance the possession or delivery of which is made illegal by any other law or regulation of the state of Texas.
  • “Use” of a drug shall include use, possession, manufacture, sale, distribution, or delivery on Texas Woman’s University property of any one or more illegal drugs.
  • “On Texas Woman’s University property” shall mean on or in any building, facility, grounds, streets, or other property owned, leased, or controlled by the Texas Woman’s University.
  • “Penalty” shall mean the sanction imposed for violating the policy. The sanction to be imposed for violating the policy shall be as designated by the Texas Woman’s University.
  • The “Student Code of Conduct Committee” is a standing committee of the university, the faculty component being appointed by the Provost and Vice President for Academic Affairs, and the student component being appointed by the Vice President for Student Life and the Student Government Association.
  • “University Regulations and Procedures (URP)” means the TWU website published regulations and procedures of the Texas Woman’s University which prohibits the use of illegal drugs by students on University property.

Complaint Filed
Any person having knowledge of use of illegal drugs on campus should report said event to the Department of Public Safety (DPS).

Investigations, Summons, and Interview
When there is an allegation of violation of this policy, an administrative hearing will be held to:

  • Make whatever investigation is appropriate;
  • Summon the student to advise her or him of the allegations of a possible violation of university rules and regulations and discuss the charges and evidence with student;
  • Afford the student an opportunity to respond and to offer mitigating circumstances; and
  • Notify the student of the decision of the administrative hearing after such decision has been reached and of the right to appeal the decision to the Vice President for Student Life.

Interim Action
Where it is determined by the Vice President for Student Life or her/his designee that the student’s continuing presence poses a danger to persons or property or an on-going threat of disrupting the academic process, the Vice President for Student Life or her/ his designee may take immediate interim disciplinary action including suspension. No such action may be taken until the Vice President for Student Life or her/ his designee discusses or attempts to discuss the case with the student. If interim action is taken, a hearing or other process shall be scheduled as soon as possible.

Procedure Before the Hearing Committee/Hearing Official
Procedures are those established by the Student Code of Conduct Review Process as denoted in the Student Code of Conduct URP on the TWU website.

STATE OF TEXAS PENALTIES

Offense, Maximum Penalties

  • Public Intoxication, Class C, $500 fine
  • Driving/Boating W/Intoxicated, Class A, 1 yr, $4,000 fine
  • Selling Alcohol to a Minor, Class A, 1 year, $4,000 fine
  • Purchasing Alcohol for a Minor, Class A, 180 days, $2,000 fine
  • Alcohol Consumption by a Minor, Class B, 180 days, $2,000 fine
  • Alcohol Purchase by a Minor, Class B, 180 days, $2,000 fine
  • Alcohol Possession by a Minor, Class B, 180 days, $2,000 fine
  • Driving Under Influence by a Minor, Class B, 180 days, $2,000 fine
  • Misrepresentation of Age by Minor to Purchase Alcohol, Class B, 180 days, $2,000 fine
  • Marijuana Possession, Under 2 oz., Class B, 180 days, $2,000 fine
  • Marijuana Delivery, 1/4 oz. to 5 lbs., State Jail Felony, 2 yrs, $10,000 fine
  • Marijuana Delivery, Adult to Minor, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Cocaine Delivery, 1-4 grams, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Cocaine Possession, 1-4 grams, 3rd Degree Felony, 10 yrs, $10,000 fine
  • Intox. Manslaughter, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Rx Drug-Unlawful Possession, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Heroin Delivery 1-4 grams, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Heroin Possession 1-4 grams, 3rd Degree Felony, 10 yrs, $10,000 fine
  • LSD Delivery 1-4 grams, 2nd Degree Felony, 20 years, $10,000 fine

  • LSD Possession 1-4 grams, 3rd Degree Felony, 10 years, $10,000 fine

  • PCP Possession 1-4 grams, 3rd Degree Felony, 10 years, $10,000 fine

  • PCP Delivery 1-4 grams, 2nd Degree Felony, 20 years, $10,000 fine
  • Methamphetamine Delivery 1-4 grams, 2nd Degree Felony, 20 yrs, $10,000 fine
  • Methamphetamine Possession 1-4 grams, 3rd Degree Felony, 10 yrs, $10,000 fine

FEDERAL PENALTIES

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

  • 21 U.S.C. 844(a)
    • 1st conviction: Up to 1 year imprisonment and fined at least $1,000, or both.
    • After 1 prior drug conviction: 15 days to 3 years in prison; $2,500 to $5,000 fine.
    • Special sentencing provisions for possession of crack cocaine: Mandatory 5 years in prison, not to exceed 20 years.; $1,000 to $250,000 fine; or both, if:
      • 1st conviction and the amount of crack possessed exceeds 5 grams.
      • 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
      • 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
  • 21 U.S.C. 853 (a) (2) and 881 (a)(7)
    • Any person convicted of violation of this title and for which the violation was punishable by imprisonment for more than one year shall forfeit any property constituting or derived from any proceeds obtained as the result of this violation or any property used or intended to be used to commit or facilitate possession of a controlled substance.
  • 21 U.S.C. 831 (a) (4)
    • Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
  • 21 U.S.C. 844a
    • Civil fine of up to $10,000 (pending adoption of final regulations).
  • 21 U.S.C. 853a
    • Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.
  • 18 U.S.C. 922g
    • Any person convicted of a crime punishable by imprisonment for a term exceeding one year shall be ineligible to possess a firearm or ammunition which has been shipped across state lines. Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Miscellaneous
Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Details

Article ID: 24726
Created
Fri 2/10/17 4:47 PM
Modified
Thu 8/1/19 3:17 PM