Alcohol and Other Drugs Policy

Policy Rationale

Saginaw Valley State University strives to offer members of the University community the same rights as those afforded to members of the larger community.  All members of the University community are responsible for making decisions about their behavior within the context of Michigan law and University regulations.

The Drug-Free Workplace Act of 1988, Subtitle D, Section 5152 and the Drug Free Schools and Communities Act Amendments of 1989, PL No. 101-226, requires that Saginaw Valley State University maintain an environment free from the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol.  The unlawful manufacture, distribution, dispensation, possession or use of drugs and alcohol is prohibited on any site where activities occur by individuals on behalf of Saginaw Valley State University.

These policy statements are written as evidence of Saginaw Valley State University's commitment to its students by:

• Encouraging a campus environment where healthful choices are made;
• Working to prevent alcohol and other drug abuse;
• Expecting responsibility for one's own choices and behavior;
• Encouraging alcohol-free programs;
• Supporting and empowering those who choose responsibly not to use alcohol;
• Enforcing University, federal, state, and local codes, ordinances and statutes which govern alcohol and other drug use.

University Response to Incidents Requiring Medical Assistance

In cases of intoxication for alcohol poisoning and/or other drug-related overdose, the primary concern is the health and safety of the individual(s) involved.  Individuals are strongly encouraged to call for medical assistance for his or herself or for a friend/acquaintance who is dangerously intoxicated.  No student seeking medical treatment for an alcohol or other drug-related overdose will be subject to University discipline for the sole violation of using or possessing alcohol or drugs.  This policy shall extend to another student seeking help for the intoxicated student. 

Students who become incapacitated as a result of drinking, drug usage, or a medical condition who will require emergency medical care will be financially responsible for the costs of the medical care including ambulance and/or hospitalization costs.  Incapacitated students who are in violation of the University, local, state, and/or federal laws concerning the use of alcohol and/or drugs may be subject to penalties as prescribed by law or referred to University support programs or community referrals.

Disciplinary Process

Students must contact the designated student conduct officer within two (business) days of notification of a violation.  A screening will then be scheduled within five (business) days and a sanction completed within two weeks, when school is in session.  The disciplinary process includes the following steps:

1. Violation
2. Referral to student conduct officer
3. Screening appointment
4. Referral to substance abuse education or counseling
5. Parental notification
6. Necessary follow up and/or compliance verification

Alcohol Policy Regulations

• Unauthorized possession, use, manufacture, distribution or sale of alcoholic beverages on University property is forbidden.
• All provisions of state law pertaining to possession and use of alcohol, furnishing of alcoholic beverages to minors, and falsification of an I.D. for the purchase of alcoholic beverages will be enforced.
• Furnishing alcohol to an obviously or visibly intoxicated person, regardless of age, is prohibited.
• Kegs of any size or any common source of alcohol beverage are not permitted on campus without University approval.
• Consumption of alcohol by those 21 years of age or older is permitted in University Housing facilities only in accordance with provisions outlined in "Additional Resident Student Alcohol Policy Provisions."
• Possession of alcohol containers by unauthorized individuals will be considered a violation whether or not the containers hold an alcoholic beverage.
• Alcoholic beverages are not permitted at athletic events, concerts or any other event open to the campus community or general public, without prior authorization.
• Student organization funds will not be used for the purchase of alcoholic beverages.
• Intoxication, disruptive behavior and/or damage related to the consumption of alcohol are in violation of University policy.
• It is expected that students will exercise good judgment and appropriately report observed violations in progress. Failure to take appropriate action may be interpreted as collusion and will be referred through the disciplinary process accordingly.
• Driving while under the influence of alcohol or in possession of alcohol is considered a violation of the Alcohol and Other Drugs policy.

Violations of the above regulations will constitute a violation of the SVSU Code of Student Conduct. 

Alcoholic Beverage Policy for Approved University Functions

Applications and guidelines are available from University Conference & Events Center (964-4348).  All provisions of the SVSU Policy Concerning the Use of Alcohol and Other Drugs are in effect for approved functions.

1. Consumption of alcohol is permitted by those 21 years of age or older on campus during an approved University function.

2. Organizations that receive a special liquor license, may serve alcohol.

3. Alcohol must be served by University Campus Dining personnel.  Activity participants are not permitted to supply their own beverages.

4. The use of alcohol in the teaching of SVSU courses is permitted when the instruction occurs in an academic building of the University.  The course must be under supervision of a faculty member, the purpose must be solely educational, and the beverage must be a legal one as defined by the Michigan Liquor Control Act.

 5. Advertising in University publications or publicized notice on or off campus of the availability of alcoholic beverages at any event sponsored by a University group or individual is prohibited.

Additional Resident Student Alcohol Policy Provisions

• First Year Suites and Living Center North are designated as alcohol-free (zero tolerance) living areas; no intoxication, possession or consumption of alcohol containers are permitted.
• Residents assigned to Living Centers South and Southwest, 21 years of age or older, may be eligible for alcohol permits to allow the possession and consumption of alcohol within approved living units. Students should see the Resident Director for application details.
• Residents assigned to Substance-Free residential options must understand and agree to live up to zero tolerance for alcohol and drugs. The resident agrees that his/her guests will also abide by the conditions as stated. Presence in any University Substance Free environment under the influence of alcohol or drugs may result in the removal from the Substance Free option, space permitting. If space is not available in another suitable residential facility, the student may be removed from University Housing and bear the financial consequences under the conditions described in the publication, "Resident Student Policies and Procedures Handbook" under the section ‘Termination.'
• Possession or consumption of alcohol is permitted by those residents 21 years of age or older and present in the University Village East and West and Pine Grove where one or more residents are at least 21 years of age and present. Possession or consumption of alcohol in these facilities is not permitted in rooms or apartments where all residents are under 21 years of age.
• Possession of alcohol or alcohol containers outside living units is not permitted.
• Alcoholic beverages in factory sealed containers may be transported by individuals (21 years or older) from off campus directly to approved residences.
• A common source of alcohol (kegs, trash cans, etc.) or quantities of alcohol (including empty containers) determined to be excessive by University personnel is not permitted.
• The following limits have been established regarding the quantities of alcohol allowable per assigned resident, so long as the possession, use and resulting behaviors are consistent with University policy: Each assigned resident of the unit, who is 21 years of age or older, is permitted a combination of alcoholic beverages not to exceed 288 ounces per occasion
• Residents will be held responsible for the actions of their guests.
• Social events (parties, large gatherings, etc.) may be terminated at any time at the discretion of University staff.

Off-campus Activities

The University accepts no responsibility for the use or distribution of alcoholic beverages at off-campus social functions sponsored by University-related organizations or individuals.

All persons planning or attending such an off-campus activity should be aware of the alcoholic beverage laws, which apply to the situation.  Each person participating in the activity assumes responsibility for his or her own actions.  Violations of pertinent alcoholic beverage laws may result in disciplinary action by both the University and civil authorities.

Parental Notification

In October of 1998, Congress passed an amendment to the Family Education Rights and Privacy Act (FERPA) which allows an institution of higher education to disclose to parents or legal guardians of a student, information involving a violation of federal, state, local law or a rule or policy of the institution governing the use or possession of alcohol and/or other drugs, if the student is under the age of 21 and the institution has determined that a disciplinary violation occurred.  In response to alcohol-related tragedies in the State of Michigan and across the country, SVSU has adopted a Parental Notification policy.

Alcohol Disciplinary Sanctions

Sanctions may be imposed upon a student for an infraction of the SVSU Student Code of Conduct.  These sanctions do not preclude criminal prosecution resulting from violations of federal, state or local laws

These standard sanctions may be imposed IN ADDITION to those itemized in the following chart:

• Parents or legal guardians of students under the age of 21 will be notified of violations and sanctions.
• Violators who are student athletes should be aware that the Athletic Department will be notified in the instance of an alcohol-related violation and are encouraged to immediately communicate with his/her coach in the event of the incident.
• Sanctions involving removal from University Housing or suspension from the University may require the completion of specific criteria subsequent to re-enrollment.

In addition to the above, the following identifies ranges of sanctions for all students responsible for violating the alcohol policy as it relates to specific infractions.  Sanctions are cumulative and may be enhance based on past disciplinary record, the severity of behavior and/or the impact upon the community.  There may be circumstances that are cause for exception.  Penalties may include appropriate developmental sanctions or disciplinary restrictions.

For the definition of sanctions, please refer to 2010-2011 Student Code of Conduct in this publication.

  State and Township Law: State and Local Law and Related Sanctions

Civil (Dram Shop) Liability

Students should also be aware that civil liability may be incurred when the sale or furnishing of alcoholic beverages to a visibly intoxicated person is found to be the proximate cause of damage, injury or death of an innocent person.  Such liability may arise independently of any University sanctions or prosecution under local, state or federal law.

Drug Policy Regulations

The following University policies govern the possession, use, manufacture, sale or distribution of controlled substances:

NOTE:  Controlled substances include narcotics and other drugs as defined by the Michigan Public Health Code.

• Any student found using controlled substances, possessing controlled substances or drug paraphernalia, selling or otherwise distributing controlled substances is subject to discipline under the Code of Student Conduct.
• The use of prescription drugs or over-the-counter substances, such as inhalants or herbals, in any other than the intended or appropriate use, may be interpreted as a violation under this policy.
• The odor of a controlled substance may constitute a violation of this policy.
• Evidence of violation of these policies will be reported promptly to the Department of University Police.
• Criminal penalties for controlled substance violations can be severe, and can include imprisonment.
• Drug violations of which students are convicted could affect eligibility for financial aid.
• Violations of drug regulations may result in disciplinary action by both the University and civil/criminal justice systems.
• The University will pursue prosecution of students utilizing drugs in the execution of a crime.
• Residents will be held responsible for the actions of their guests in drug-related incidents.

Drug Disciplinary Sanctions

Sanctions may be imposed upon a student for an infraction of the SVSU Student Code of Conduct.  These sanctions do not prelude criminal prosecution resulting from violations of federal, state or local laws.  Students using any controlled substance in the execution of a crime may be subject to expulsion upon the first occurrence.

These standard sanctions may be imposed IN ADDITION to those itemized in the following chart:

• Parents or legal guardians of students under the age of 21 will be notified of violations and sanctions.
• Violators who are student athletes should be aware that the Athletic Department will be notified in the instance of a drug-related violation and are encourage to immediately communicate with his/her coach in the event of the incident.
• Sanctions involving removal from University Housing or suspension from the University may require the completion of specific criteria subsequent to re-enrollment.

In addition to the above, the following sanctions for all students responsible for violating the drug policy as it relates to infractions.  Sanctions are cumulative, and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact upon the community.  There may be circumstances that are cause for exception.  Penalties may include appropriate developmental sanctions or disciplinary restrictions. 

Ranges of Sanctions for Students Violating Drug Policy

Federal Penalties and Sanctions for Illegal Trafficking and Possession of a Controlled Substance

For current and detailed information regarding Federal Drug Trafficking Penalties, please visit The U.S. Drug Enforcement Administration: http://www.dea.gov/agency/penalties.htm

Health Risks Associated with the Use of Illicit Drugs and Alcohol

For current and detailed information regarding the Health Risks Associated with the Use of Illicit Drugs and Alcohol, please visit:

National Institute on Drug Abuse, http://www.nida.nih.gov/

National Institute on Alcohol Abuse and Alcoholism, http://www.niaaa.nih.gov

Campus Resources

• Counseling Services, 112 Curtiss Hall, 989-964-7078
• University Health Services, 2970 Pierce Road, 989-583-0285
• University Police, South Campus Complex A, 989-964-4141
• Residential Life, 113 Curtiss Hall, 989-964-4410
• Student Conduct Programs, 113 Curtiss Hall, 989-964-2220

Community Resources

Bay County

• Access Alliance of MI, 800-448-5498
• Alcoholics Anonymous 24-Hour Help Line, 989-894-1949

 Midland County

•  Access Center, 800-686-0749
• Alcoholics Anonymous 24-Hour Help Line, 989-698-2975
• Alcoholics Anonymous Website, www.midlandaa.org

Saginaw County

• Saginaw County Substance Abuse Treatment & Prevention Services, 888-466-3141
• Alcoholics Anonymous 24-Hour Help Line, 989-776-1241
• Alcoholics Anonymous Website, www.saginawaa.org
• Narcotics Anonymous 24-Hour Help Line, 989-698-2977
• Narcotics Anonymous Website, www.michigan-na.org/saginaw/

Tuscola County

• Access Alliance of MI, 800-448-5498
• Alcoholics Anonymous Website, www.tauc.us