The University of Texas at Tyler
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Alcohol Policies

Student Health and Wellness

ALCOHOLIC BEVERAGES

Policy
Except as otherwise provided in this policy, the purchase, manufacture, distribution, possession, sale, storage or use of alcoholic beverages is prohibited while on campus or on property owned or controlled by the University, including all campus residence buildings.

Authorized Use of Alcoholic Beverages

  1. The President of the University may waive this prohibition with respect to any event sponsored by the university. For waiver requests to be considered, a "Permission to Serve Alcoholic Beverages" form must be submitted. Approval will be indicated with a signature by the President, or in a situation where the president is not available, the president's designee.
  2. For an event to be sponsored by the university, and eligible to apply for a waiver, the following criteria must be met:
    • An event must be sponsored by a budgeted office, department, or division of the University.
    • The sponsor is responsible for organizing the event, inviting attendees, and paying expenses related to the event, including food and beverages.
    • The event may still be considered as sponsored by the University regardless of whether an outside entity pays for the food and beverages at the event.
    • Approved meetings or events organized and presented by a registered faculty, staff, or student organization are not events sponsored by the University.
  3. Exceptions for Special Use Facilities:
    • A "Special Use Facilities" is any facility designated by the President of the University, such as special event centers, conference centers, concert halls, theaters, or auditoria, as Special Use Facilities.
    • Section one above does not apply to a Special Use Facility during use by a non-university group, association, or corporation for purposes permitted by the Regents' Rules and Regulations Series 80106,
    • Section one above does not apply to property, buildings, or facilities that are occupied by a third party pursuant to a written lease or occupancy agreement that does not specifically exclude alcoholic beverages.
    • With the written approval of the President or President's designee (signed "Permission to Serve Alcoholic Beverages" form), alcohol may only be served on campus in a room or area that is designated as a "Special Use Facility" during times of low student traffic. For example, the University Center Open Area should not be used for an alcohol function during regular school hours.

Rules for Approved Functions

  • Under no circumstances may an event be advertised using alcoholic beverages as an inducement to attend. Advertising of events may not include reference in any manner to the sale or availability of alcohol.
  • Activities where alcohol is served must not have drinking as the sole or primary purpose of the event. "All you can drink" parties and any form of "drinking contest" are prohibited.
  • Any event where alcoholic beverages are served must have clearly defined boundaries and must include security personnel to enforce state and local laws and campus regulations.
  • Alcoholic beverages may only be served by a licensed alcohol provider, authorized by the Texas Alcoholic Beverages Commission, who must implement precautionary measures (i.e. checking identification) to ensure that alcoholic beverages are not served to persons under the legal drinking age or who are intoxicated.
  • Alcoholic beverages will be served no more than 4 hours at any one event.
  • Alcoholic beverages may not leave the site where they were purchased or dispensed except in bulk form to be dispensed at another approved location.
  • Food and nonalcoholic beverages must be available and served at the same place as the alcoholic beverages, and featured at least as prominently as the alcoholic beverages.
  • Recognized University departments may accept donated alcohol and serve it at any approved University-sponsored event; however, the sale of donated alcohol is not permitted. Serving donated alcohol at fund-raisers, events that attendees pay to attend, or for which tickets are sold constitutes the sale of alcohol and is not permitted.

Source of Funds
With written approval from the President or President's designee, only the following sources of funds may be used to purchase alcoholic beverages:

  • Gift funds, designated funds or auxiliary funds, with the exception of student service fees, athletic fees, or intercollegiate athletic fees may be used to purchase alcohol as permitted by state law.
  • Funds collected as registration fees from participants in a conference or similar event may be used to purchase alcoholic beverages to be served as part of the event as allowed by law and university policy.
  • State funds should not be used to purchase alcohol.

Campus Sanctions
The failure to comply with state laws and regulations, University regulations and policies, and the regulations and policies of The University of Texas System will subject the individual(s) or organization(s) to disciplinary sanctions such as probation, suspension, and suspension of rights and privileges from the University. Additionally students, employees and visitors may face prosecution and imprisonment under Federal and Texas laws which make such acts felony and misdemeanor crimes. The failure to comply with state laws and regulations while off campus may also result in university sanctions.

The penalty assessed in a particular case will be dependent upon the student's past conduct, nature of the conduct involved, the circumstances and conditions which existed at the time the student engaged in such conduct and the results which followed as a natural consequence of such conduct. Students with a first-time alcohol policy violation will, at a minimum, receive a written warning, the assignment of a reflective paper, and/or completion of an alcohol education program. Other sanctions may include:

  • Contract Termination- eviction from University housing permanently or for an established amount of time. The student remains enrolled at the University.
  • Wellness and Prevention Education is a mandatory referral for a substance abuse evaluation and/or education.
  • Disciplinary Probation which may include counseling, educational projects or community service.
  • Disciplinary Transfer is an action that may be used when the misconduct is a violation of the rules for a particular living environment or when it is deemed to be in the best interest of the resident or other residents.
  • Educational Sanction is an assignment of a task, which is educational in nature and appropriate to the violation (e.g. letter of apology for offensive or disruptive behavior).
  • Restitution is a payment for theft or damage to property.
  • Restriction of Access (Trespass) – Restriction to a designated portion of a housing facility may be imposed on a permanent basis or for an established period of time.
  • Suspension from the university prohibits, during the period of suspension, the student on whom it is imposed from entering the university campus without prior written approval of the judicial officer; from being initiated into any honorary or service organization; and from receiving credit for scholastic work done during the period of suspension. The judicial officer or hearing officer may, however, permit the receipt of credit for scholastic work completed at another institution during the period of suspension, except when suspension is imposed for scholastic dishonesty. The judicial officer or hearing officer may impose conditions related to the offense, and failure to meet such conditions shall be considered an additional violation. Suspension from the institution and/or suspension of rights and privileges is the minimum penalty that shall be assessed for violation of the rules against illegal use, possession, and /or sale of a drug or narcotic on campus.
  • Written Warning is a formal, written statement that a student's actions are not acceptable and that subsequent infractions will result in more severe action.

All University rules and regulations, state laws, and regulations of the Texas Alcoholic Beverage Commission regarding the sale, purchase, service, possession, and consumption of alcoholic beverages will be strictly enforced.

Alcohol Awareness Workshop
A student organization's registration will not be complete until the representatives authorized to conduct business on campus have attended an orientation session. As part of the student organization orientation, campus safety, including alcohol awareness information will be shared.

OTHER DRUGS

Policy
Subsection 2.3 of Series 50101 of the Rules and Regulations of the Board of Regents of the University of Texas System provides for the disciplinary action against any student who engages in conduct that is prohibited by state, federal and local law. This includes those laws prohibiting the purchase, manufacture, distribution, possession, sale, storage or use of an illegal drug, controlled substance, or alcohol. Prescription medications that are taken by anyone other than for whom the script was written also fall under this category.

Campus Sanctions
UT Tyler maintains a strict zero tolerance policy regarding the use of illegal drugs. Students and employees who are found engaging in conduct related to the use, possession, or distribution of drugs that are prohibited by state, federal, or local law face disciplinary sanctions such as suspension or expulsion for a period of time and suspensions of rights and privileges from the University. Students, employees and visitors may also face prosecution and imprisonment under Federal and Texas laws which make such acts felony and misdemeanor crimes.

Additional penalties that may be imposed for conduct related to the unlawful use, possession, or distribution of drugs or alcohol include payment for damage to or misappropriation of property, suspension of rights and privileges, suspension for a specified period of time, expulsion, or such other penalty as may be deemed appropriate under the circumstances.

GOOD SAMARITAN POLICY

The health and safety of our students is of the highest priority. At times, individual students, both on and off campus, may need immediate medical or other professional assistance. The University of Texas at Tyler wants to minimize any hesitation that students or student organizations might have in obtaining help due to concern that their own behavior might be a violation of University policy.

Although policy violations cannot be overlooked, the University will consider the positive impact of reporting an incident when determining the appropriate response for policy violations. In such cases, any negative consequences for the reporter of the problem should be evaluated against the possible negative consequences for the student who needs assistance. At a minimum, students or student organizations should make an anonymous report that would put the student in need in touch with professional helpers. Examples where this policy would apply include:

  • A student is reluctant to call an ambulance when a friend becomes unconscious following excessive consumption of alcohol because the reporting student is under the age of 21 and was also consuming alcohol.
  • A student is reluctant to report that he/she has been sexually assaulted because he/she had been consuming alcohol or another drug prior to the assault.

REPORTING LEGAL OR POLICY VIOLATIONS

  • Students and employees at The University of Texas at Tyler can report crimes to the University Police Department 24 hours a day, seven days a week, by dialing extension 7300 or 903-566-7300 (for non-emergencies) and 911 for emergencies. Trained Police Dispatchers are available 24 hours a day to answer all calls. There is a TDD phone service available 24 hours a day for the hearing impaired.
  • To anonymously report any incident and/or crime that you think the University of Texas at Tyler Police Department should be aware of, individuals may complete a silent witness form located on the UT Tyler Police Department's website. Please give as much detail as possible, including suspects name(s) (if known), addresses, last known clothing description, a vehicle description with license plate number and state (if known), and any and all other pertinent information to the incident. You may also include your name if you wish.
  • Policy violations may also be referred to the Director of Residence Life and Judicial Affairs.

HEALTH RISKS ASSOCIATED WITH ALCOHOL AND OTHER DRUGS

Individuals who use alcohol and other drugs, regardless of age or life stages, become vulnerable to developing addiction. It is important that each student and employee at The University of Texas at Tyler be aware of the health risks and the counseling and rehabilitative programs available.

Alcohol. Health hazards associated with the excessive use of alcohol or with alcohol dependency include dramatic behavioral changes, retardation of motor skills, and impairment of reasoning and rational thinking. These factors result in a higher incidence of accidents and accidental deaths for such persons than non-users of alcohol. Nutrition also suffers and vitamin and mineral deficiencies are frequent. Prolonged alcohol abuse causes bleeding from the intestinal tract, damage to liver, often resulting in cirrhosis, impotence, severe inflammation of the pancreas, and damage to the bone marrow, heart, testes, ovaries and muscles. Damage to the nerves and organs is usually irreversible. Cancer is the second leading cause of death in alcoholics and is ten times more frequent than in non-alcoholics. Sudden withdrawal of alcohol from persons dependent on it will cause serious physical withdrawal symptoms.

Drugs. The use of illicit drugs usually causes the same general type of physiological and mental changes as alcohol, though frequently those changes are more severe and more sudden. Death or coma resulting from overdose of drugs is more frequent than from alcohol, but, unlike alcohol, abstinence can lead to reversal of most physical problems associated with drug use.

Cocaine. Cocaine is a stimulant that is most commonly inhaled as a powder. It can be dissolved in water and used intravenously. The cocaine extract (freebase) is smoked. Users progress from infrequent use to dependence within a few weeks or months. Psychological and behavioral changes resulting from the use include over-stimulation, hallucinations, irritability, sexual dysfunction, psychotic behavior, social isolation, and memory problems. An overdose produces convulsions and delirium, and may result in death from cardiac arrest. Discontinuing the use of cocaine requires considerable assistance, close supervision and treatment.

Amphetamines (speed, love drug, ecstasy). Patterns of use and associated effects are similar to cocaine. Severe intoxication may produce confusion, rambling, and incoherent speech, anxiety, psychotic behavior, ringing in the ears, hallucinations and irreversible brain damage. Intense fatigue and depression resulting from use can lead to suicide. Large doses may result in convulsions and death from cardiac or respiratory arrest.

Heroin and other Opiates. These drugs are usually taken intravenously. "Designer" drugs similar to opiates include Fentanyl, Demerol and "China White". Addiction and dependence develop rapidly. Impaired judgment, slurred speech and drowsiness characterize use. Overdose is manifested by coma, shock and depressed respiration, with the possibility of death from respiratory arrest. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea and vomiting and muscle and joint pain.

Hallucinogens or Psychedelics. These include LSD, mescaline, peyote and phencyclidine (PCP or "angel dust").Use impairs and distorts one's perception of surroundings, causes bizarre mood changes and results in visual hallucinations that involve geometric forms, colors and persons or objects. Users who discontinue use experience "flashback", consisting of distortions of virtually any sensation. Withdrawal may require psychiatric treatment for the accompanying persistent psychotic states. Suicide is not uncommon.

Solvent inhalants, e.g., glue lacquers, plastic cement. Fumes from these substances cause problems similar to alcohol. Incidents of hallucinations and permanent brain damage are more frequent.

Marijuana (Cannabis). Marijuana is usually ingested by smoking. Prolonged use can lead to psychological dependence, disconnected ideas and alteration of depth perception and sense of time, impaired judgment and impaired coordination.

Damage from intravenous drug use. In addition to the adverse effects associated with the use of a specific drug, intravenous drug users who use unsterilized needles, or who share needles with other drug users can develop AIDS, hepatitis, tetanus (lock jaw), and infections of the heart. Permanent brain damage may also result. The use of alcohol and many of these drugs cause birth defects of a very serious nature.

COUNSELING AND REHABILITATION PROGRAMS

The Student Counseling Center assists students who are referred or self-referred for problems related to alcohol/drug abuse in finding a treatment setting in the community which will accommodate their needs. This assistance is available in addition to any initial help provided in the University's counseling office. All counseling services and records in the Student Counseling Center are confidential in accordance with state and federal laws. No record of use of this service is kept in placement files, academic records or official transcripts. The Student Counseling Center is located in the University Center, Room 282.You may come by or call 903.566.7254 for an appointment.

The most commonly used community referral services are:

  • Alcoholics Anonymous (Tyler, Longview, Jacksonville) 903.597.1796
  • Beginning Regional Substance Abuse Recovery Center 903.581.9472
  • East Texas Council on Alcoholism & Drug Abuse 800.441.8639
  • Sister Communities Council on Alcoholism and Drug Abuse 903.939.9010

Contact the Student Counseling Center for a complete list of community referral services.

CAMPUS AWARENESS AND EDUCATION

The Majority of students at The University of Texas at Tyler make healthy choices that are consistent with student success. However, students attending any university may be faced with various pressures to choose between healthy and unhealthy behaviors. Wellness and Prevention Education provides various services and programming opportunities that encourage healthy decision-making among students. Wellness and prevention education services coordinates health-related programs that comply with federal mandates such as the Drug Free Schools and Communities Act Amendments of 1989 and provides personal counseling coordinated through the Student Counseling Center. Programming through this office covers areas such as alcohol and other drug abuse, sexual assault and partner violence, sexual responsibility, student health insurance information, and other health-related topics.

PENALTIES UNDER FEDERAL AND STATE LAW

Federal Law

Offense

Minimum Punishment

Maximum Punishment

Manufacture, distribution or dispensing drugs (including Marijuana)

A term of imprisonment not more than 1 year, and a minimum fine of $1,000.

A term of life imprisonment without release (no eligibility for parole and a fine not to exceed $800,000 (for an individual) or $20,000,000 (if other than an individual).

Possession of drugs (including Marijuana)

Civil penalty in amount not to exceed $10,000.

Imprisonment for not more than 20 years or not less than 5 years, a fine of not less than $5,000, plus costs of investigation and prosecution.

Operation of a common carrier under the influence of alcohol or drugs.

 

Imprisonment for up to 15 years and a fine not to exceed $250,000.

Texas Law

Offense

Minimum Punishment

Maximum Punishment

Manufacture or delivery of controlled substances (drugs)

Confinement in the Texas Department of Criminal Justice (TDCJ) for a term not more than 10 years or less than 2 years, or confinement in a community correctional facility for not more than 1 year, and a fine not to exceed $10,000.

Confinement in TDCJ for life or a term not more than 99 years or less than 20 years, and a fine not to exceed $500,000.

Possession of controlled substances (drugs)

Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000.

Confinement in TDCJ for life or a term of not more than 99 years or less than 15 years, and a fine not to exceed $100,000.

Delivery of Marijuana

Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,500, or both.

Confinement in TDCJ for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000.

Possession of Marijuana

Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,500, or both.

Confinement in TDCJ for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000.

Driving While Intoxicated (includes intoxication from alcohol, drugs, or both)

Confinement in jail for a term of not more than 72 hours, and a fine of not more than $2,000 or less than $100.

Confinement in jail for a term of not more than 2 years or less than 30 days or confinement in TDCJ for a term of not more than 5 years or less than 60 days, and a fine of not more than $2,000 or less than $500.

Public Intoxication

 

A fine not to exceed $200.

Purchase of alcohol by a minor

A fine of not less than $25 nor more than $200.

For a subsequent offense, a fine of not less than $100 nor more than $500.

Consumption of alcohol by a minor

A fine of not less than $100 nor more than $500 or confinement in jail for not more than 1 year, or both.

For a subsequent offense, a fine of not less than $500 nor more than $1,000, or confinement in jail for not more than 1 year, or both.

Possession of alcohol by a minor

A fine of not less than $100 nor more than $500 or confinement in jail for not more than 1 year, or both.

For a subsequent offense, a fine of not less than $500 nor more than $1,000, or confinement in jail for not more than 1 year, or both.

Sale of alcohol to a minor

A fine of not less than $100 nor more than $500 or confinement in jail for not more than 1 year, or both.

For a subsequent offense, a fine of not less than $500 nor more than $1,000, or confinement in jail for not more than 1 year, or both.

DISTRIBUTION

In order to fully comply with the Drug Free Schools and Communities Act Amendments of 1989, alcohol and other drug policies will be distributed to all students, faculty, and staff each year. Various methods of distribution will be utilized including student e-mail, campus police reports, displays in various offices and brochure racks across campus, freshmen orientation packets, housing, athletic teams, paycheck distributions and computerized training modules.

REVIEW

This policy shall be reviewed biennially by the President, Vice-President, and Wellness and Prevention Education Services.

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