Alcohol and Other Drug Sanctioning Guidelines
The Alcohol and Drug Sanctioning Guidelines provide more clarity of how the University will respond to alcohol and drug violations. Once a determination has been made that a student violated the Alcohol and Other Drugs Policy (through an appropriate disciplinary process as described under Student Conduct Program or Residence Hall Policies in the Student Handbook), sanctions appropriate for the level of violation (based on severity or recidivism) will be assigned. Students with questions about the violation level issued to them should consult with their hearing officer or the office that assigned the level violation (Office of Student Conduct or the Office of Residence Life and Housing). Students with general questions about the Alcohol and Other Drug Sanctioning Guidelines can contact the Health and Wellness Program (HWP) staff as well as Office of Student Conduct and Residence Life and Housing staff. The chart below is a general representation and is not all-inclusive. The application of the sanctioning guidelines is at the discretion of the hearing officer handling a particular case. The Office of Student Conduct (OSC), Office of Residence Life and Housing, and/or the Health and Wellness Programs (HWP) have the right to make determinations as to the violation level and sanction(s) of any violation of the Alcohol and Other Drugs Policies.
| Item | Level Violation | Violation | Fine | Most Likely Sanctions |
| A | 0 | Underage student present in a location where the alcohol policy is being violated who has a BAC of .00 following a voluntary test. Students may choose to take a voluntary BAC test as a way to verify that no alcohol was consumed. Otherwise, all available information from observation(s) and investigation(s) by University official(s) will determine whether a violation occurred. |
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| B | 0 | Good Samaritan: Underage student who has consumed alcohol who seeks assistance for another in need of emergency care. | ||
| C | 1 | The use of alcoholic beverage cans/bottles/containers as decoration in dry residence halls or a room occupied entirely by underage students. | $100.00* | First violation will result in a warning issued. Repeated violations will result in a fine. |
| D | 1 | Consumption/possession of alcohol by an underage guest of a student. |
$100.00/ |
Repeated violations may lead to overnight guest privileges being revoked for a specific period of time. |
| E | 1 | Use and/or possession of marijuana or synthetic marijuana, or possession of drug paraphernalia by a guest of a student. | $150.00/ $300.00* |
Repeated violations may lead to overnight guest privileges being revoked for a specific period of time. |
| F | 1 | Health and Safety Emergency Consideration: a student who engages in drinking practices or activities that seriously threatens one's health and life (e.g. transported to the hospital for alcohol consumption or drug use), who seeks help for self or contacts a University staff or friend(s) to seek help for him/her. One time opportunity. | 1. One on One Meeting. 2. Parent/Coach/Academic Advisor Notification. 3. Restorative Justice. |
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| G | 1 | Consumption/possession of alcohol by a student who is 21+ in any areas designated as alcohol-free (dry floor and/or dry residence hall). | $100.00* | Warning for first offense; $100.00 fine for second offense. Referral to OSC for three or more violations. |
| H | 1 | Possession of an open container of alcohol, regardless of age, in any common areas or in any location not designated for alcohol consumption. (e.g. lobby area, hallway, outdoor spaces). | $100.00/ $200.00* |
For underage students - violation of #I or #N as well; sanctions applicable. For overage students - fine. Hosts - case by case review may include other sanctions such as a prohibition from hosting social events involving alcohol at your place of residence for a specified period of time. |
| I | 1 - 2 | Underage consumption/possession of alcohol (15% or less alcohol content). |
$100.00/ $200.00* |
1. One on One Meeting. 2. Parent/Coach/Academic Advisor Notification. 3. Restorative Justice. |
| J | 2 | For students 21+ - public drunkenness (defined as seriously impaired behavior that does not require hospitalization) and/or engaging in alcohol-related disruptive behavior. | 1. Level 1 Sanctions 2. BASICS |
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| K | 1 | Use and/or possession of marijuana or synthetic marijuana or possession of drug paraphernalia. | $150.00/ $300.00* |
1. One on One Meeting. 2. Parent/Coach/Academic Advisor Notification. 3. Restorative Justice. |
| L | 1 | For students 21+ - providing alcohol to an underage person (for hosting a party with underage students present, please see M). | $100.00/ $200.00* |
1. One on One Meeting. 2. Restorative Justice. |
| M | 2 | Hosting (in your place of residence) a social event with alcohol which involves disruptive behavior, underage drinking, alcohol possession/consumption in common areas, and/or other violations of University policy. | $100.00/ $200.00* |
1. Level 1 Sanctions. 2. BASICS/CASICS. 3. No Hosting Alcohol Parties in Room/Suite. |
| N | 2 | Underage consumption/possession of hard liquor (16% or more alcohol content). |
$150.00/ $300.00* |
1. Level 1 Sanctions. |
| O | 3 | Use and/or possession of marijuana (over 2 oz.), use and/or possession of illegal drugs other than marijuana or abuse of prescription drugs, non-prescription drugs, household products, or other chemicals. | $150.00 to $300.00 |
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| P | 3 | Possession of a large common source of alcohol (e.g. keg or barrel, punch with alcohol, container requiring a tap to operate etc.), regardless of age on University premises or University managed properties. | $150.00/ $300.00* |
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| Q | 4 | Driving under the influence of alcohol and/or illegal drugs on University premises or University managed properties. | $100.00 to $300.00 | 1. Level 3 Sanctions 2. Loss of on-campus driving privileges. 3. University suspension. |
| R | 4 | Selling, distributing, and/or manufacturing illegal drugs including, but not limited to, marijuana, cocaine, heroin, hallucinogens, stimulants, sedatives, ecstasy, opiates, inhalants, and/or prescription drugs. | 1. University suspension. |
*repeated violation(s)
| Item | Level Violation | Violation | Most Likely Sanctions |
| AA | 2 | Damaging University property or the property of another while under the influence. | 1. Restitution for the total cost of damage. |
| BB | 2 | Failure to cooperate with an University staff and/or law enforcement officer. | 1. Charge for non-compliance with a University directive. |
| CC | 2 | Disruptive public behavior (e.g. excessive public noise, public drunkenness, screaming/cursing in public, or other forms of disorderly conduct). | |
| DD | 2 | Hosting a party that involves alcohol and drinking games such as beer pong, flip cup, beer bong, etc. | 1. Level 1 Sanctions. 2. BASICS/CASICS. 3. No Hosting Alcohol Parties in Room/Suite. |
| EE | 3 | Engaging in drinking practices and/or drug use to the extent which one has passed out, vomited, injured themselves, or required University and/or medical assistance, when the student does not seek help for themselves. |
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Violation Levels: Violation levels are based on the severity and/or the recidivism of the violation. Additional violations of the same level may also increase the level of sanctions (e.g. from Level 1 to 2). Mitigating (positive), aggregating (negative) and compounding factors are also considered when determining the violation level and the appropriate sanctions.
Fines: Fines are penalty assessments issued for the violation(s). In most instances repeated violations will result in the doubling of the fine. Fines are not eliminated for multiple violations in one incident.
Parental Notification Regarding Alcohol and Other Drug Violations: The Family Educational Rights and Privacy Act (FERPA) afford exceptions permitting colleges and universities to disclose certain information to the parents or guardians of students. Gallaudet's position on parental notification regarding alcohol and other drug violations is intended to develop a partnership with parents/guardians as a way of addressing student high-risk behaviors in order to enhance campus safety, student health and academic success, and to provide notification in instances involving the health and safety of students and our campus community. Exceptions that may preclude parental notification involve certain situations related to a student's personal relationship with or the current status of a parent/guardian, or violations that are considered less serious (e.g. empty alcoholic bottles or beverages used for decorative purposes in a "dry" residence hall room). Student Affairs administrators reserve the right to exercise professional judgment and discretion in such parental notification decisions.
Gallaudet will notify parents or guardians of students under the age of 21, regardless of dependency, in writing when their student is found responsible for a Student Code of Conduct violation involving the use, possession, manufacturing, sale, or distribution of illegal drugs and/or drug paraphernalia.
Gallaudet will also notify parents or guardians of students under the age of 21, regardless of dependency, in writing when their student is found responsible for a Student Code of Conduct violation involving the use, possession, manufacturing, or distribution of alcoholic beverages.
Gallaudet will also notify parents or guardians, regardless of age, when a student is experiencing a medical or psychological emergency. The Office of Residence Life and Housing or the Office of the Dean of Student Affairs and Academic Support will make such notification by calling or in writing.
Coach and Academic Advisor Notification: Gallaudet informs coaches and/or academic advisors of alcohol and other drug violations in order to enhance student health and academic success. Student Affairs administrators reserve the right to exercise professional judgment and discretion in such notifications, including notifications made prior to the determination of whether the student is responsible for the violation.
Educational Programs and Alcohol/Drug Assessment: It is important that educational programs and alcohol/drug assessments be completed immediately following the assignment of sanctions. Letters from the Office of Student Conduct (OSC) and/or Health and Wellness Programs (HWP) will note the type of educational/assessment program the student is assigned and the date that it should be completed. In the case where a student is appealing an alcohol and/or drug violation and is waiting for the outcome of the appeal, the student IS STILL REQUIRED to complete the sanctions assigned unless instructed otherwise by the person reviewing his/her appeal.
- Online alcohol and/or drug course: This is a one to one and a half hour-long online course focusing on alcohol/drugs, with a test at the end of the course. All participants must pass the test with a score of 70 or better.
- Alcohol and Drug Class: This class gives participants the opportunity to examine attitudes and perceptions, how these influence behavior, strategies to reduce risk, and healthy alternatives to alcohol and/or drug use. It also focuses on the mental, physical, and legal effects of alcohol and drug use on individuals and the community. Several departments on- and off-campus collaborate to provide multiple perspectives. All participants are expected to be fully attentive, pass the test with a score of 70 or better, and complete a reflection paper.
- Alcohol/Drug Assessment: Students will meet individually with a Counseling and Psychological Services (CAPS) staff member for an alcohol and/or drug assessment; the assessment will also help determine whether the student will benefit from ongoing therapy sessions.
Expectations for Participation:
- Online alcohol and/or drug course: Students will receive the website URL, the session password, and a deadline for completion of the online course through a letter from Health and Wellness Programs (HWP). It is expected that the students complete the online course before the deadline given in the letter. Students who do not complete the online course by the deadline given will be charged by the University for Non-Compliance with a University Decision.
- BASICS/CASICS: All students are expected to participate in the one-on-one interventions within the stated deadlines. Students who do not respond to or attend BASICS/CASICS meetings will be charged by the University for Non-Compliance with University Decision.
- Alcohol and Drug Class: All students are expected to attend the session they are assigned to regardless of any prior commitments or extracurricular activities (i.e. athletic competitions, intramural activities, student organization meetings and activities, and student body government meetings and activities). If a student has extenuating circumstance that would affect his/her attendance, he/she must contact the Prevention Education Coordinator at least 24 hours in advance prior to the date of the session or class. The Prevention Education Coordinator will review the request and if approved, will reassign the student to the next session. Students are expected to be attentive and respectful during class. Distractions, including the use of cell phones, pagers, and other electronic devices, are not permitted. Any facilitator who feels participants are not complying with these expectations can ask the student to leave. It will be the student's responsibility to complete the course at a later date. Students who do not attend the scheduled session or classes or comply with the expectations will be charged by the University for Non-Compliance with a University Decision.
- Alcohol/Drug Assessment: If an alcohol/drug assessment is required, students will receive a letter from the Health and Wellness Programs (HWP); upon receiving the letter, students are expected to make an appointment with the Prevention Education Coordinator or his/her designee to meet to discuss the expectations of the alcohol/drug assessment. The letter will also have a deadline for completion of the alcohol/drug assessment. All alcohol/drug assessments are done at CAPS and there may be an additional fee incurred every time the student misses their appointment for their alcohol/drug assessment. Students who do not complete the alcohol/drug assessment by the deadline given will be charged by the University for Non-Compliance with University Decision.
BAC Testing: BAC testing is conducted by designated University staff addressing the situation. DPS officers, Resident Advisors, or other unauthorized individuals will not administer BAC testing. Students who wish to be voluntarily tested should communicate their desire for testing to University staff at the scene of the incident.
Health and Safety Emergency Consideration: Gallaudet University's primary concern is the health and safety if its students and offers health and safety emergency consideration for students in potential life-threatening emergencies as a result of alcohol and/or other drug(s) consumption, in order to encourage students to seek help for themselves without being too overly concerned about possible sanctions imposed. Health and safety emergency consideration will be considered for students who seek medical attention for themselves by contacting a University staff or friend. This is a one-time opportunity, and health and safety emergency consideration does not apply to students found by DPS, other University staff or students, or MPD.
Good Samaritan: To qualify under the Good Samaritan provision of the Alcohol and Drug Sanctioning Guidelines, the student seeking assistance for the student needing medical attention must:
- be the first person to contact DPS or Residence Life staff to report that a person needs medical assistance due to alcohol consumption/drug use,
- the calling student must provide his/her own name when they contact DPS or Residence Life,
- the calling student must remain with the person needing medical assistance until DPS and the Residence Life on-call team member arrives and the need for their presence has ended, and
- the calling student must not have purchased, supplied, or otherwise made alcohol and/or other drugs available to the student needing medical attention.
Multiple Violations in One Incident: The student will be assigned the violation level of the most serious violation from items #A - #R. However, the violation level and/or sanctions (items #AA through #EE) may increase if certain policy violations were committed when violations of the Alcohol and Other Drugs Policy occurred. However, fines are not reduced or eliminated for multiple violations in one incident.
Other Potential Sanctions: In addition to the sanctions listed above, Residence Life staff, the Coordinator (or Director) of Student Conduct, and/or the Administrative/Student Conduct Board may also assign other sanctions, depending on the specific circumstances of the situation. These sanctions include, but are not limited to, reflective essays, educational activities, one-on-one sessions with the Health and Wellness Programs, anger management assessment, community service hours, restriction/loss of parking privileges, residence hall reassignment, residence hall reassignment to dry floors/buildings, residence hall access restrictions, loss of housing priority points, counseling assessment, alcohol/drug educational programs, and restitution.
University Suspension: A key component of Gallaudet University's mission is to provide a safe environment where students are able to pursue their academic and social goals. The University may suspend the student if the student demonstrates that he/she is repeatedly unable to make sound and/or safe decisions about alcohol and drug use, or the student engages in drinking or drug use that threatens the life, health, and safety of one's self or others.
Students suspended for alcohol and/or other drug violations may submit an appeal online to the Dean of Student Affairs. Any appeal including the grounds that the suspension was excessive, and not appropriate for the violation will have the suspension reviewed on that specific ground of appeal by selected Alcohol and/or Other Drugs Committee members. The Alcohol and/or Other Drugs Committee will make a recommendation to the Dean of Student Affairs on whether the student’s circumstances warrant special consideration and an alternative array of severe sanctions could be imposed. The Dean of Student Affairs will make the final decision on all grounds of appeal, as per the Office of Student Conduct disciplinary procedures.
EFFECTIVE DATE: JULY 22, 2019
UPDATED: AUGUST 20, 2019