Office of the Provost

Faculty and Unclassified Staff Handbook Chapter 1 -- General Policies

Alcohol and Cereal Malt Beverages (General Policy Statement)

The overall alcohol policy at Fort Hays State which has been submitted to the Board of Regents is as follows:

Philosophy

FHSU has long since recognized that an academic community is harmed in many ways by the abuse of alcohol and the use of other drugs. This high-risk behavior is exemplified by decreased productivity of members of the community, mental health problems, strained social interactions as well as forms of vandalism. Problems associated with the illicit use and abuse of substances have a pervasive impact upon our academic community and are not associated with a singular socioeconomic group or age level. The processes of education and learning are especially impaired by alcohol abuse and the use of illegal drugs.

FHSU subscribes to the basic philosophy of the network of colleges and universities committed to the elimination of alcohol and drug abuse. It states:

1. The institutional establishment enforces clear policies that promote an educational environment free from the abuses of alcohol and other drugs.

2. The institution will provide education for its members for the purpose of preventing alcohol and other drug abuse as well as educating them about the use of legal drugs in ways that are not harmful to self or others.

3. FHSU will create an environment that promotes and reinforces healthy responsible living; respect for community laws; campus standards and regulations; the individual's responsibility within the community; and the intellectual, social, emotional, spiritual or ethical, and physical well-being of its community.

4. The institution will provide for a reasonable level of care for alcohol and drug abusers through counseling, treatment, and referral.

The foundation of the philosophy concerning alcohol and drug abuse for FHSU is the firm commitment to an educational program which provides adequate information and counseling to help all members of the academic community to make informed and responsible decisions concerning the use of any controlled substance. The institution is committed to a healthy environment for living and learning.

The FHSU Faculty Senate has adopted a statement to support the membership guidelines and standards of the network of drug-free colleges and universities and its commitment to the elimination of drug and alcohol abuse.

Policy

It is the policy of FHSU that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace. Any full/part-time officer or employee of the university, including faculty, other unclassified staff, classified staff and students found to be illegally manufacturing, distributing, dispensing, possessing or using controlled substances at the university workplace shall be subject to disciplinary action in accordance with applicable policies of the State of Kansas, the Board of Regents and FHSU. Officers and employees are reminded that illegal manufacture, distribution, dispensing, possession or use of controlled substances may also subject individuals to criminal prosecution.

As a condition of employment, all employees of FHSU shall abide by the terms of this policy statement and will notify FHSU of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. For purposes of this policy, “conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal statutes.

The term “controlled substances” means those substances included in Schedules I through V of section 202 of the Federal Controlled Substances Act and as further defined by regulations under 21 CFR 1308.11 through 1308.15 (a listing of controlled substances will be maintained in the campus personnel office and other appropriate locations on campus). The term does not include the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

This policy statement is an integral part of the FHSU drug-free awareness program. This will be given to all affected employees.

Standards for Handling Alcohol and Cereal Malt Beverages

There are certain standards which guide the use of alcoholic and cereal malt beverages on the campus when rules otherwise permit it. They are:

1. Individuals sponsoring any event should implement precautionary measures to insure that alcoholic beverages are not accessible or served to persons under the legal drinking age or persons who appear intoxicated.

2. Social functions where alcoholic beverages are provided by the sponsoring organization shall have direct access of these beverages limited to persons designated as servers.

3. Consumption of alcoholic beverages shall be permitted only within the approved area designated for the event.

4. Non-alcoholic beverages and food must be available in the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.

5. No organization's budget money may be used to purchase alcoholic beverages or beer.

6. No social event shall include any form of "drinking contest" in its activities or in the promotion of them.

7. The serving of alcoholic or cereal malt beverages shall not be used in any advertising of a FHSU event.

8. All student organizations shall be officially notified each year of the policy on alcoholic and cereal malt beverages use on the FHSU campus.

9. Guidelines for any marketing, advertising, and promotion of alcoholic beverages on the campus shall be stated and officially disseminated to the appropriate organizations.

10. Possible sanctions for violation of the alcohol and cereal malt beverages policy include loss of recognition of a campus organization, loss of visiting privileges, disciplinary warning, probation, and removal from school. All disciplinary procedures will meet the standards of the Fort Hays State University's Student Bill of Rights.

Revised (05-01-90).

Procedures for Serving Alcoholic and Cereal Malt Beverages

1. Organizations wishing to have alcoholic or cereal malt beverages served during an event should initially contact the Director of the Memorial Union to discuss general arrangements such as date, time, locations, nature of function, etc. The union director will then request approval for the event from the University president. Where possible, several weeks of lead time should be provided. Approved events will then be planned and served in compliance with campus standards.

2. Chartwells will be the exclusive server. They will obtain the proper license(s) and comply with Kansas law regarding the serving of alcoholic and cereal malt beverages.

3. Chartwells will purchase and provide all products served.

4. Chartwells will provide a bartender(s) as needed for each function. The bartender(s) will be responsible for checking age verification and limiting consumption.

Revised (07-01-00).

GENERAL POLICY STATEMENT ON THE CONSUMPTION OF ALCOHOLIC AND CEREAL MALT BEVERAGES ON THE FORT HAYS STATE UNIVERSITY CAMPUS

Fort Hays State University permits the serving of alcoholic liquor and cereal malt beverages (hereinafter collectively referred to as "alcohol") in the following designated non-classroom areas in buildings on the University campus:

Memorial Union
Dreiling Lobby at the Beach/Schmidt Performing Arts Center (Sheridan Hall)
Hubbard Press Box
Moss/Thorns Gallery of Art (Rarick Hall)
New Sternberg Museum, Seibel lobby and food service area
Gross Memorial Coliseum (designated area for entertaining)

Alcohol may only be served at luncheons, dinners or receptions which honor individuals and which occur in connection with official University events and/or fund-raising activities for University programs. The serving of alcohol at such events must be approved, in advance, by the chief executive officer of the institution.

Since July 1, 1985, Kansas law makes it illegal for persons younger than 21 to buy and consume alcohol. This policy reflects compliance with this law and the University’s stance on the issue of alcohol. The specific points of the policy are:

1. No alcohol will be sold, served or consumed on University property pursuant to this policy without prior approval of the President.

2. Student organizations are prohibited from using their organization funds to purchase alcohol off campus.

3. Alcohol may not be possessed or consumed on campus by anyone under the age of 21.

4. Alcohol may be consumed by students living in certain university halls under the following conditions:

• No alcohol of any kind are allowed in McMindes or Custer Hall
• Residents who are over the legal drinking age and who reside in Agnew Hall, Wiest Hall, Wooster Place and Stadium Place, and sorority and fraternity houses, may consume alcohol in their own rooms or the rooms of other residents of legal drinking age.
• Such beverages must be packaged in containers of one liter or less in volume.
• All other possession and consumption of alcohol is prohibited on campus except for as specifically set forth in other portions of this policy.
• Living groups, including each residence hall or any particular floor of a residence hall may develop and apply more stringent restrictions governing use, possession or consumption of alcohol.

In addition to the above, alcohol may be consumed in the parking areas immediately adjacent to, but not including, Lewis Field Stadium under the following conditions:

• No alcohol may be sold at any time on this property.
• Alcohol may only be consumed for three hours before kick off of any home FHSU football game. Not later than thirty minutes following kick off of the game, the authorized consumption of alcohol will cease.
• Alcohol beverages must be packaged in containers of one liter or less in volume.
• No alcohol will be consumed in areas outside those designated by this policy and may only be transported in or to areas not designated by this policy in closed containers.
• University police and other law enforcement personnel will enforce this policy as well as other local and state ordinances, laws, and regulations governing the use, possession and consumption of alcohol.
• All alcohol must be poured into a plastic cup to be consumed. No bottles, cans or other containers holding alcohol may be carried, held or displayed in public and any empty containers must be promptly disposed of in a trash sack or other trash receptacle. Littering of any form is in violation of this policy and will not be tolerated.

Adopted by Cabinet (04/05/90)
Implemented (02/09/91)
Revised (10/26/01)
This revised version adopted by President’s Cabinet (11/9/2005)

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