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Alcohol and Other Drugs Policy

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.  This policy Concerning the Use of Alcohol and Other Drugs (this “Policy”) applies to all activities on University property, University sponsored events and may extend to off-campus activities and behaviors. Any violation of the Policy constitutes a violation of the SVSU Code of Student Conduct and workplace rules. Such violations may result in disciplinary action by both the University and civil authorities.

This Policy is written as evidence of Saginaw Valley State University’s commitment to its students by:

  • Encouraging a campus environment where healthy choices are made;
  • Working to prevent alcohol and other drug abuse;
  • Accepting responsibility for one's own choices and behavior;
  • Encouraging alcohol-free programs;
  • Supporting and empowering those who choose responsibly not to use alcohol; and
  • Enforcing University rules and regulations, and federal, state, and local laws that govern alcohol and other drug use.
Alcohol and Drug Related Incidents Requiring Medical Attention
Disciplinary Process
Parental Notification
Risks Related to Alcohol and Other Drugs
Health Risks Associated with the Use of Illicit Drucgs and Alcohol
Campus Resources
Community Resources
Alcohol - FAQs

Provisions Specifically Relating to Alcohol

University Alcohol-Related 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, whether or not the containers hold an alcoholic beverage, is considered acceptable evidence of consumption of alcohol and is a violation.
  • Alcoholic beverages are not permitted at athletic events, concerts or any other event open to the campus community or general public, without prior authorization from the University.
  • Student organization funds may not be used for the purchase of alcoholic beverages.
  • Disruptive behavior and/or damage related to the consumption of alcohol are prohibited.
  • Students are expected to exercise good judgment and immediately report violations of this Policy; and failure to do so may be deemed violation of this Policy.
  • Driving while under the influence of alcohol or in possession of alcohol if under the age of 21, is prohibited.

Violations of any of the above-listed regulations will constitute a violation of this Policy and the SVSU Code of Student Conduct.  

Alcoholic Beverage Policy for Approved University Student Functions

The consumption of alcohol by those 21 years of age and older is permitted during an approved University function; provided, however, that all applicable provisions of this Policy concerning the use of alcohol remain in effect. Guidelines are available within the SVSU Operations Manual: General Operations 3.1-3 Special Event Alcohol Guidelines.

  • Consumption of alcohol is permitted by those 21 years of age or older on campus during an approved University function.
  • Organizations must recieve University approval to have alcohol served, at an approved University function.
  • Alcohol must only be served by University Dining Services personnel, at approved University functions.
  • Attendees at an approved University function are not permitted to supply their own alcoholic beverages.
  • Advertising in University publications or publicized notice on or off campus of the availability of alcoholic beverages at any event sponsored by University group or individual is prohibited.

Additional Resident Student Alcohol Policy Provisions

Saginaw Valley State University maintains an enviornment free from the unlawful manufacture, distrubtion, dispensation, possession or use of controlled substance and/or alcohol. Possession of alcohol containers, while in facility/living unit, regardless of whether the container holds alcohol, is not permitted.

Those who are 21 years of age or older, and who have obtained a valid alcohol permit are permitted to possess and consume alcohol in accordance with this Policy, including, the following behavioral rules and regulations:

  • Possession of alcohol or alcohol containers outside living units is not permitted, regardless of age or the possession of an alcohol permit.
  • However, alcoholic beverages in factory sealed containers may be transported by individuals (21 years or older) from off campus directly to approved residences.
  • Common sources of alcohol (e.g., kegs, trash cans, etc.) or quantities of alcohol (including empty containers) determined to be excessive by University personnel is not permitted.
  • Residents are responsible for their guests’ behavior and may be charged through the disciplinary process for the actions of guests.
  • Alcohol permits granted to students 21 years or older are only valid in the student’s assigned residence. Alcohol permits are not transferable to other units.
  • Social events (parties, large gatherings, etc.) may be terminated at any time at the discretion of University staff.

The following limits have been established regarding the amounts and types of alcoholic beverages (as defined in the Michigan Liquor Control Code and related laws, rules, and regulations) each assigned resident who is 21 years of age or older, and has obtained a valid alcohol permit, and behaves in accordance with this Policy, University rules and regulations, and federal, state and local laws; may possess:

  • 144 ounces of beer (equivalent of 12, 12-ounce cans of beer) and 755 ml of wine (the equivalent of one average-size bottle of wine); OR
  • 144 ounces of beer (equivalent of 12, 12-ounce cans of beer) and 755 ml of liquor (the equivalent of one fifth); OR
  • 755 ml of wine (the equivalent of one average-size bottle of wine) and 755 ml of liquor (the equivalent of one fifth): OR
  • 288 ounces of beer (equivalent of 24, 12 ounce cans of beer); OR
  • 1510 ml of wine (the equivalent of two average-size bottles of wine).

All other alcoholic beverages are prohibited.

Off-campus Activities

Although the University accepts no responsibility for the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol at off-campus functions sponsored or attended by students or University-related organizations or individuals, the University’s expectations and standards for its students may extend to activities and behavior off-campus.

All persons planning or attending such an off-campus activity should be aware of the alcoholic beverage and other laws in that situation.  Each person participating in the activity assumes responsibility for his or her own actions.  Students attending off-campus social functions sponsored or hosted by students or University-related organizations or individuals are subject to all applicable federal, state and local laws, as well as University rules and regulations, and violations may result in disciplinary action by the University and/or civil authorities.

Alcohol Disciplinary Sanctions

A student who is determined to have violated this policy for an alcohol-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below.  In addition, such student is subject to prosecution and punishment under federal, state, and local laws.

The following table is a general summary of the range of possible University alcohol-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties may include appropriate developmental sanctions or disciplinary restrictions.

 

First Offense

Second Offense

Third Offense

Alcohol Education

$75 minimum fine, not to exceed $225

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions 

University Probation 

Alcohol Education

Parental/Guardian Notification

$200 minimum fine, not to exceed $350

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions

University Suspension

Parental/Guardian Notification

Other appropriate developmental sanctions or disciplinary restrictions

Sanctions will reflect both the degree and number of offenses of a particular student. In certain situations, sanctions, including, but not limited to, the following, may be imposed, in addition to the standard sanctions listed in the table above:

  • Violators who are student athletes should be aware that the Athletic Director will be notified in the instance of an alcohol-related violation and are encouraged to immediately communicate with their coach in the event of an incident.
  • Sanctions involving removal from University housing or suspension from the University may require the completion of specific criteria prior to re-enrollment.

 

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

Violation

Case Law(s)

First Offense

Second/

Subsequent Offense

Open House Party

750.141a

Misdemeanor, 30 days in jail, or fine of not more than $1000

Misdemeanor, 90 days in jail, or
fine of not more than $1000

Open House Party
(Saginaw County)

ORD 107

Misdemeanor, 30 days in jail, and/or $500 fine

Misdemeanor, 90 days in jail, and/or $500 fine

Sell or furnish alcohol to minors

MCL 436.1701(1)

Misdemeanor, 60 days in jail, and/or $1000 fine

Misdemeanor, 90 days in jail, and/or $2500 fine and may be ordered to perform community service

Furnishing to minors and causing minor's death

MCL 436.1701(2)

Felony, 10 years, and/or $5000 fine

Same

Transporting/Possession of alcohol by minor in a motor vehicle

MMVC 257.624b

Misdemeanor, substance abuse screening, community service, loss of M.V. up to 30 days, fine up to $100, and license suspension up to 180 days

Misdemeanor, substance abuse counseling, community service, loss of M.V. up to 30 days, fine up to $200, and license suspension up to one year

Purchase/Possess/or Consume

MCL 436.1703(1)

Civil infraction, fine up to $100, substance use disorder services, community service; substance abuse screening to assess at own expense.

Misdemeanor, fine up to $200, substance use disorder services, community service, and license sanctions up to one year. Second offense up to a 30-day sentence. Third offense up to a 60-day jail senteance and $500 fine.

Fraudulent Identification

MCL 436.1703(2)

Misdemeanor, fine and up to a $100, up to 93 days in jail.

Same

Minor driving with a blood alcohol level .02-.07

MMVC 257.625(6)

Misdemeanor, fine is $250, 360 communicity service, no jail time. 

Misdemeanor, fine is $500, up to 93 days in jail, and 60 days community service.

 

Civil (Dram Shop) Liability

Students should also be aware that civil liability may be incurred when their sale or furnishing of, or assistance procuring alcoholic beverages to an intoxicated person is found to have caused or contributed to property damage or personal injury or death of a person.  Such liability may arise independently of any University sanctions or prosecution under local, state or federal law.

Provisions Specifically Relating to Other Drugs

University Drug-Related Regulations

The following University regulations govern the possession, use, manufacture, sale or distribution of controlled substances (as defined by the Michigan Public Health Code):

  • Any student unlawfully 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 way 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 a drug-related violation of this Policy will be reported promptly to the University Police.
  • Criminal and civil penalties imposed under federal, state and local laws for controlled substance violations can be severe and can include imprisonment.
  • Drug violations, of which students are convicted, may affect his or her 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 or civil infraction.
  • Residents are responsible for the guests’ behavior and may be charged through the disciplinary process for the actions of guests who violate this Policy.

Medical Marijuana and Michigan Regulation and Taxation of Marihuana Act

The use, possession, storage or cultivation of marijuana in any form and for any purpose is prohibited at Saginaw Valley State University. Although the Michigan Medical Marijuana Act of 2008 (the “MMMA”) permits qualified patients with specific medical conditions and their primary caregivers to use and possess marijuana, the MMMA conflicts with federal laws. Additionally, Michigan Regulation and Taxation of Marihuana Act also conflicts with federal laws. Because the University receives federal funding and is subject to the Drug-Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989, the use, possession, storage or cultivation of marijuana by anyone while on SVSU property, regardless of whether they are a licensed/registered patient or caregiver under the MMMA or of legal age, is a violation of this Policy and, therefore, a violation of SVSU’s Code of Student Conduct.

Drug Disciplinary Sanctions

A student who is determined to have violated this Policy for a drug-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below.  In addition, such student is subject to prosecution and punishment under federal, state and local laws. 

The following tables are a general summary of the range of possible University drug-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties will reflect the degree of the drug-related violation and may include appropriate developmental sanctions or disciplinary restrictions, and in certain situations, a student may be expelled upon the first occurrence of a drug-related violation of this Policy.

Ranges of Sanctions for Students Violating Drug (Marijuana) Policy

 

Offense  First offense sanction

 Second offense sanction

Third offense sanction

Odor of controlled substance or possession of residue, paraphernalia or any type of controlled substances devise including, but not limited to: tools, bongs, bowls, cutting or weighing equipment, etc. 

Drug Education

Other appropriate developmental sanctions or disciplinary restrictions

Drug Education

Parental/Guardian Notification

$75 minimum fine, not to exceed $300

University Housing:
  Probation,
  Relocation or 
  Removal

Other appropriate developmental sanctions or disciplinary restrictions

Drug Education

University Probation

Parental/Guardian Notification

$200 minimum fine, not to exceed $350

University Housing:
  Probation,
  Relocation or 
  Removal

University Probation

Other appropriate developmental sanctions or disciplinary restrictions

Possession or use 

 

 

 

Drug Education

$75 minimum fine, not to exceed $300

University Housing:
  Probation,
  Relocation or 
  Removal

Other appropriate developmental sanctions or disciplinary restrictions

Drug Education

University Probation

Parental/Guardian Notification

$200 minimum fine, not to exceed $350

University Housing:
  Probation,
  Relocation or 
  Removal

Other appropriate developmental sanctions or disciplinary restrictions

 University Suspension

Parental/Guardian Notification

Other appropriate developmental sanctions or disciplinary restrictions

Manufacture, sale or distribution

University Suspension or Explusion

Parental/Guardian Notification 

 

 

  

 

 

Ranges of Sanctions for Students Violating Drug Policy Other Than Marijuana

 

Offense  First offense sanction

 Second offense sanction

Odor of controlled substances 

$50 minimum fine

Drug Education

Other appropriate developmental sanctions or disciplinary restrictions 

 $100 minimum fine

Drug Education

University Housing Probation

Parental/Guardian Notification

Other appropriate developmental sanctions or disciplinary restrictions

Possession of residue, paraphernalia or any type of controlled substances devise including, but not limited to: tools, bongs, bowls, cutting or weighing equipment, etc. 

$100 minimum fine

Parental/Guardian Notification

Drug Education

University Housing Probation

Other appropriate developmental sanctions or disciplinary restrictions

$200 minimum fine

Parental/Guardian Notification

Drug Education

University Housing Removal

University Probation

Other apporpirate developmental sanctions or discipinary restrictions

Possession or use of Schedule IV* Controlled Substances, including, but not limited to: Rohypnol, Darvon, Xanax and other categories of prescription drugs;

 

Possession or use of Schedule III* Controlled Substances, including but not limited to anabolic steroids, testosterone, codeine, some barbiturates, and ketamine;

 

$200 minimum fine

Parental/Guardian Notification

Drug Education

University Housing:
     Probation,
     Relocation or 
     Removal

 $250 minimum fine

Parental/Guardian Notification

Drug Education

University Housing Removal

University Probation, Suspension or Expulsion

Possession or use of Schedule I & II* Controlled Substances, including but not limited to:

I: GHB, Heroin, Ecstasy and LSD;

II: Cocaine, Crack, Oxycontin, Ritalin, Adderall 

University Probation, Suspension or Expulsion

Other appropriate developmental sanctions or disciplinary restrictions

Other appropriate developmental sanctions or disciplinary restrictions

  

 

 Offense

 Sanction

Possession or use of Schedule V* Controlled Substances; Misintended use of mass quantities of prescription drugs or over the counter substances

$200 minimum fine

Parental/Guardian Notification

Drug Education

Counseling Referral

University Probation, Suspension or Expulsion

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions

Manufacture, sale or distribution of any category of drug or controlled substances; manufacture, sale or distribution of any prescribed medications or over-the-counter substances other than for their intended use

University Suspension or Expulsion

Parental Notification

 

*Examples of Controlled Substances by Schedule

Schedule V

Robitussin A-C, over the counter medications containing codeine, prescriptions with medical benefits

Schedule IV

Xanax, Valium, Darvocet, Rohypnol, Talwin, Darvon

Schedule III

Anabolic steroids (body builders), testosterone, Ketamine, codeine, some barbiturates

Schedule I & II

GHB, Heroin, Marijuana, Ecstasy, Adderall and LSD

 

Sanctions reflect both the degree and number of offenses of a particular student. In certain situations, additional sanctions, including, but not limited to the following, may be imposed in addition to the standard sanctions listed in the table above:

  • Violators who are student athletes should be aware that the Athletic Director will be notified in the instance of a drug-related violation and are encouraged to immediately communicate with his/her coach in the event of an incident.
  • Sanctions involving removal from University housing or suspension from the University may require the completion of specific criteria prior to re-enrollment.

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: 

For detailed information: www.dea.gov

Michigan Compiled Laws, Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951):

 

http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-2018

Michigan State Police Legal Update:

For current Michigan legal updates: www.michigan.gov/msp-legal

 

5/6/22