Rule 17 - March 5, 2004

CG 03.06

NEW RULE 17 (to replace existing rule)

17. Alcoholic Beverages

Preamble

The University of Illinois at Urbana-Champaign expects all students to exhibit behavior compatible with membership in a community of scholars. Students shall conduct themselves in a civil and mature manner, respecting the rights and property of others. (See also Rule 5.) Having consumed alcohol is not an excuse for failure to meet these expectations.

Because of the University's concern for the health and rights of individuals and because the excessive consumption of alcohol frequently results in the user becoming either a violator or a victim, the University will respond when inappropriate alcohol-related behavior is demonstrated. These interventions will include a team approach involving, when appropriate, any or all of the following: the Division of Public Safety, the Office of Public Affairs, and Student Affairs units including the Dean of Students Office, the Office for Student Conflict Resolution (Student Judicial Affairs), Residential Life, the Alcohol and Other Drug Office, the Counseling Center, and McKinley Health Center.

The following regulations apply to all UIUC students and registered organizations while on campus, while involved in University-related activities, while within the environs of Champaign County, or in other circumstances where a substantial University community interest exists. A "substantial University community interest" exists, but is not limited to, situations in which individual or group alcohol consumption results in actual or threatened injury to persons, damage to property, or disruption of a University-related event.

I. General Rules

• A. All students, wherever they happen to be, are expected to observe the liquor laws of the local jurisdiction. (See Rule 5.) Under the liquor laws of the State of Illinois and the cities of Champaign and Urbana,* and this rule:
  1. Possession or consumption of alcoholic beverages by students under twenty-one years of age is prohibited.

  2. No student, after purchasing or otherwise obtaining alcoholic beverages, may give or otherwise furnish those beverages to any person under twenty-one years of age.

  3. No student may sell or offer for sale alcoholic beverages without a valid liquor license. This includes so-called "cup parties," in which containers are sold on site for the purpose of obtaining furnished alcoholic beverages.

• B. In determining appropriate sanctions for violations of subsection IA above, communal alcohol (for example, in kegs or not in its original container, or the distribution of cups with open access to alcohol), drinking games (or other activities that promote unsafe or inappropriate drinking), and open parties may be considered aggravating factors.

• C. The consumption of alcoholic beverages associated with disruptive behavior is prohibited. The fact that a student may have been drinking shall not be accepted as an excuse for disruptive behavior. In such instances, appropriate sanctions will be applied and referral for personal assistance may be indicated. (See Rules 8.5 and 62 concerning Mandatory Assessment and Parental Involvement, respectively.)

• D. The use of false forms of identification or the identification of another person to enter a liquor establishment or to purchase or possess alcoholic beverages is prohibited.

• E. Alcohol use resulting in incapacitation that requires transportation to the hospital by emergency medical personnel, or refusal to accept such transportation when it is recommended by emergency medical personnel, can trigger a mandatory assessment. (See Rule 8.5.)

II. Special Rules Relating to University Property

• A. Persons twenty-one years of age or older may possess or consume alcoholic beverages on the following property under control of the University:
  • 1. property at which the University furnishes the alcohol and holds a State of Illinois liquor license or local catering license. These include, for example, Willard Airport, the Levis Faculty Center, Krannert Center for the Performing Arts, Illini Union, Spurlock Museum, Beckman Institute, and Allerton House.

  • 2. property used for specifically designated functions approved by the appropriate vice chancellor, dean or director of the academic or administrative unit sponsoring the event, or by the chancellor. In cases governed by this subsection, furnished alcohol may be sold only if the provider holds a valid caterer's license.

  • Other than as outlined above, no person may possess or consume alcoholic beverages on any property under the control of the University.

• B. Possession and consumption of alcoholic beverages in University certified student housing is governed as follows:
  1. University Residence Halls: Persons twenty-one years of age or older may only possess and consume alcoholic beverages in their rooms or the room of another person twenty-one years of age or older, with the door closed. No alcoholic beverages are permitted in public areas. (Also see the "Hallmarks" handbook.)

  2. University Family or Graduate Housing: Persons twenty-one years of age or older may possess and consume alcoholic beverages in their room/apartment or the room/apartment of another person twenty-one years of age or older. Requests to allow consumption of alcoholic beverages for events/activities in public areas are to be directed to University Housing administration. Any approved functions must be in accordance with all applicable laws and ordinances.

  3. Other Certified Housing: Persons living in privately owned and/or operated certified housing, including fraternities and sororities, must abide by the decision of the owner-operator in accordance with all applicable laws and ordinances with regard to the consumption of alcoholic beverages; total prohibition may be required. In certified housing units where the possession and consumption of alcoholic beverages is allowed by those twenty-one years of age or older, all applicable laws and ordinances must be followed. The Board of Fraternity Affairs and the Board of Sorority Affairs also promulgate rules and regulations which apply to fraternity and sorority certified housing units.

* Under Illinois law, a person under twenty-one years of age cannot possess or consume alcoholic beverages. It is against the law to sell or deliver alcohol to anyone under twenty-one years of age, or to any intoxicated person. The Secretary of State is authorized to suspend or revoke without a hearing the driver's license of a person under twenty-one years of age who has purchased or attempted to purchase alcohol from a duly licensed establishment or who has consumed alcohol on licensed premises. The Secretary of State is authorized to suspend or revoke the drivers license of a person under twenty-one years of age who is convicted for a violation of the Liquor Control Act or similar provision of a local ordinance prohibiting a person under twenty-one years of age from purchasing, accepting, possessing, or consuming alcohol and prohibiting the transfer or alteration of identification cards, the use of the identification card of another or a false or forged identification card, or the use of false information to obtain an identification card. It is illegal for a person under twenty-one years of age to present or possess false identification in an attempt to enter a liquor establishment or to purchase alcohol. It is also illegal to sell or offer for sale alcoholic beverages without a liquor license or to patronize any unlicensed liquor establishment.

The cities of Champaign and Urbana both have city ordinances which closely parallel state law in regards to alcohol. Additionally, in Champaign and Urbana it is an ordinance violation for a minor (eighteen years of age or younger in Champaign; seventeen years of age or younger in Urbana) to be present in a liquor establishment or for any individual to carry open alcohol out of an establishment or in public areas.

Substantial penalties exist in Illinois for the operation of a motor vehicle by a driver with a blood alcohol concentration (BAC) of .08 or greater. Arrests are also possible at lower levels if driving is impaired. Drivers under twenty-one years of age with any trace of alcohol in their systems can lose their driving privileges. Transporting open alcohol containers in a motor vehicle or allowing an intoxicated person to operate a vehicle are also punishable under Illinois law.

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17. Alcoholic Beverages (current)

• A. No persons under the age of twenty-one may store, possess, or consume alcoholic beverages on any property under the control of the University of Illinois, including certified housing.

• B. Persons twenty-one years of age or older may not possess or consume alcoholic beverages on any property under the control of the University other than in Willard Airport, the Levis Faculty Center, and such areas or at such functions specifically designated or approved by the dean or director of the appropriate academic or administrative unit.

• C. Possession and consumption of alcoholic beverages in student housing is governed as follows:
  1. University Residence Halls: Persons twenty-one years of age or older may possess and consume alcoholic beverages in their rooms. No alcoholic beverages are permitted in public areas.

  2. University Married Student or Graduate Housing: The personal possession and consumption of alcoholic beverages by persons twenty-one years of age or older is permitted.

  3. Certified Housing: Persons twenty-one years of age or older living in privately owned and/or operated certified housing, including fraternities and sororities, must abide by the decision of the owner-operator with regard to consumption of alcoholic beverages. Total prohibition may be imposed.

• D. When the consumption of alcoholic beverages results in disruptive activities, persons may be referred to the appropriate disciplinary authority.

• E. Alcohol use resulting in incapacitation that requires transportation to the hospital by emergency medical personnel, or refusal to accept such transportation when it is recommended by emergency medical personnel, can trigger a mandatory assessment (see Rule 8.5).