Alcohol Policy

New York State law prohibits anyone under the age of 21 from possessing alcohol if they intend to consume it.  The law makes no distinction between alcohol that is purchased or received as a gift, nor does it distinguish between consumption in public versus private areas.  It is illegal for anyone under 21 to misrepresent his/her age and/or use false identification for the purpose of obtaining alcohol.  This policy statement includes the text of the law, an explanation of its implications, and additional College regulations regarding the use and possession of alcohol on the Hartwick campus.  The policies outlined below are the result of an intensive campus discussion conducted by a special committee representing students, faculty and administration.  All campus constituencies, program-planning groups, student clubs and organizations, in addition to local community officials, College catering services, and Greek community leaders, were consulted.

General Policy Statement
Student Responsibility
New York State Alcoholic Beverage Laws and Penalties
Serving of Alcoholic Beverages on Campus
Campus DWAI and DWI
Alcohol at College Catered Events for Outside Constituencies
Alcohol at Pine Lake
Alcohol in College-Operated Campus Housing
Alcohol in Hartwick Greek Houses

Hartwick College believes the choice to use alcohol by individuals of legal age is an educational issue.  The possible use of alcohol by students raises important issues regarding personal responsibility and accountability, and the College has a commitment to present these issues to students.  This approach is consistent with the educational philosophy of the College which holds that students should be encouraged and helped to develop responsible attitudes and behavior as they prepare to enter a world in which alcohol is used.

Individuals who choose to consume alcoholic beverages should do so responsibly.  They should consider the health and behavioral consequences to themselves, and the impact upon others and the community at large.  They should also make this choice with a full awareness of the College regulations and the laws of New York State.

If, in the professional judgement of the counseling center staff and supported by an alcohol dependency assessment, a student's use of alcohol or other drug(s) presents a serious threat to his/her health and well-being or presents the potential of danger for other members of the campus community, the College (a) may request that the student take a medical leave of absence to seek appropriate treatment (the student may later request in writing to return to the College by providing the vice president for student life with an official written evaluation from the professional counsel he/she secured); and/or (b) may require a student to have an off-campus assessment to determine his/her fitness to remain on campus and/or continue study.

With only a small proportion of students 21 years and older, and to minimize the possible illegal use and abuse of alcohol, the College has established regulations limiting the use of alcohol and reducing the probability of illegal procurement.  Failure to comply with any of the laws or regulations outlined in this policy may result in disciplinary action.

For an outline of the sanctions imposed for substance abuse related infractions, refer to the Substance Abuse Related Infractions Policy under Student Responsibilities and Judicial Process.

Students refusing medical treatment recommended by any College professional or residential staff member will be asked to sign a waiver of medical treatment form.  Students who are judged to be intoxicated must be evaluated at the hospital emergency department and the need for treatment determined by the hospital staff.

Student Responsibility

1. The use of alcohol on the Hartwick College campus by Hartwick College students, faculty and staff is subject to the New York State Alcoholic Beverage Control Law and certain provisions of the New York State Penal Law.  All members of the College community are expected to be familiar with these laws as well as College regulations regarding the use of alcohol on campus.
2. Hartwick College complies with the New York State law that prohibits anyone under the age of 21 from possessing alcohol with the intent to consume it.  In New York State, it is illegal to consume alcohol if you are less than 21 years of age.
3. The responsible use of alcohol on campus by those of legal age is a social privilege that, if abused, may be revoked by the College.  Each member of the community is responsible for their sobriety and personal discipline in this area.
4. Students are recognized as adults and are expected to obey all local, state and federal laws as well as College policies and regulations.  Students will be held responsible for their own conduct.  Because intoxication implies consumption, students under the age of 21 who are intoxicated on campus may be referred to the vice president for student life for disciplinary action.
5. Students will be subject to College discipline if their use of alcohol generates disorder, creates a disturbance, damages property, or presents a danger to themselves and/or others.
6. Drinking apparatus used for consuming alcohol, including but not limited to funnels and tubing, are prohibited on campus.
7. Beerballs or kegs are not permitted anywhere on campus, other than on behalf of College-approved third party vendors.  Any prohibited beerballs or kegs, including taps, will be confiscated.  These may be destroyed or turned over to a local distributor, at the discretion of the College.   Violators will be subject to disciplinary action.
8. Because rapid consumption of large quantities of alcohol is far more dangerous than casual and responsible consumption, drinking games in which alcohol is consumed rapidly or in large quantities are not permitted.
9. Campus organizations advertising social events may not promote or refer to alcohol as a part of the event.
10. The advertising of alcohol is not permitted on campus.
11. For those students over 21, possession of alcohol is limited to quantities for personal consumption.  Large quantities of alcohol will be deemed a violation of the alcohol policy.

New York State Alcoholic Beverage Laws and Penalties
The sale and use of alcoholic beverages are subject to the New York State Alcoholic Beverage Control (ABC) Law, New York State Vehicle and Traffic (V&T) Law, and New York State Penal Law, as well as municipal ordinances.  The following is a brief overview of laws governing the possession, use and distribution of alcoholic beverages.  This overview is not intended to be an exhaustive or definitive statement of various laws, but rather is designed to put you on notice as to the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct.  The following information is intended to supplement the discussion of applicable laws governing the sale, possession and use of illicit drugs in New York State and the statement of the College drug policy included in the Hartwick College Student Handbook.

1. Open Container: Local municipalities usually prohibit the consumption of, or possession of an open container with the intent to consume, an alcoholic beverage in any public place or on private property without the owner's permission.  Violations are punishable, for example, by a fine of up to $150 and/or up to 15 days in jail.
2. Minor in Possession: Any person under age 21 who is found to be in possession of alcohol with the intent to consume it may be punished by a fine of up to $50 and/or required to complete an alcohol awareness program and/or to provide up to 30 hours of community service.  ABC Law, 65-c.
3. Providing False Identification: A person under 21 who presents false written evidence of age for the purpose of purchasing or attempting to purchase any alcoholic beverage, may be punished by a fine of up to $100, community service of up to 30 hours, and/or completion of an alcohol awareness program.  ABC Law, 65-b(1).  If a New York driver's license was used as the false identification, the court may suspend the violator's license for 90 days.  ABC Law, 65-b(3).  In addition, since the ABC Law now requires sellers of alcoholic beverages to demand a drivers license, passport, or armed forces ID card as evidence of age, the consequences of altering one of the required forms of official ID to do so is more serious.  Possession of a forged instrument with the intent to defraud is a Class D felony, punishable by a fine up to $5,000, imprisonment up to 7 years, or both.  Penal Law, 170.25.  Nonresidents of New York may apply for a state "Non-Driver Identification Card" in lieu of a driver's license.  Applications are available at the Oneonta office of the Motor Vehicle Bureau, located at 16 South Main Street.
4. Furnishing Alcohol to a Person Under Age 21: No person may sell, deliver or give an alcoholic beverage to a person actually or apparently under the age of 21.  (The law does not apply to the parent of a minor).  Penal Law 260.20(2) and ABC Law 65(1). Individuals violating this law are guilty of a Class A misdemeanor, and may be subject to a fine not exceeding $1000, a term of imprisonment not to exceed 1 year, or both.  ABC Law 130(3) and (5) and Penal Law 70.15(1)(a), 80.05(1).
5. Liability for Injury Caused by Furnishing Alcohol to Persons Under 21: Any person who shall be injured in person, property, means of support, or otherwise by reason of the intoxication or impairment of ability of any person under the age of 21 years shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of 21 years.  General Obligations Law 11-100(1).
6. Selling Alcohol to an Intoxicated Person: No person shall sell, deliver or give an alcoholic beverage to a visibly intoxicated person.  ABC Law 65(2).
7. Liability For Injury Caused By Sale of Alcohol to any Intoxicated Person: Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.  General Obligations Law 11-101(1).
8. Driving While Intoxicated: Operating a motor vehicle while intoxicated, as determined by a blood-alcohol test result of .10% or higher, is a misdemeanor punishable by a fine of $500 to $1000 and/or imprisonment for up to 1 year, as well as suspension or revocation of the driver's license.  Repeated offenses can result in more serious penalties: For example, a second DWI conviction in ten years is a felony punishable by up to 4 years in a state penitentiary, a fine of $1000 to $5000, and license revocation for at least 1 year. V&T Law 1192(2), (3); 1193 (1)(b), (c); and Penal Law 70.00(2)(e).
9. Driving While Ability Impaired: Operating a motor vehicle while not legally intoxicated, but with a blood-alcohol content of at least .05% but less than .07% (relevant evidence of impairment) or with at least .07% but less than .10% (prima facie evidence of impairment), is a misdemeanor punishable by up to 15 days in jail, a $300 to $500 fine, and a 90 day driver's license suspension. The penalties increase for the 2nd and 3rd offenses, up to 180 days in jail, a $1500 fine, and a 1-year license suspension.  V&T Law 1192(1), 1193(1)(a).
10. Operating a Motor Vehicle After Consuming Alcohol While Under Age 21: Any person under age 21 who operates a motor vehicle after having consumed alcohol, as determined by a blood-alcohol content of at least .02%, may be referred to the Department of Motor Vehicles for license suspension or revocation, and a $125 charge to be imposed by a hearing officer, although the violation is not to be considered as "a judgment of conviction for a crime or any other offense."  V&T Law 1192-a, 17.

Students interested in obtaining a copy of any of these laws as approved by the New York State Legislature and the Governor should contact the Office of Student Life.  A violation of any one or more of these provisions shall be considered a violation of the College Alcohol Policy.

Serving of Alcoholic Beverages on Campus
Alcohol is not permitted at the following on-campus events:

• programs sponsored by College-recognized groups, clubs, and organizations
• programs sponsored by the Student Union (some special events may be approved)
• athletic events (except for approved "closed" events such as tailgate parties)
• residence hall events, floor events, other housing unit events
• special interest house events
• new student orientation programs
• fraternity and sorority on-campus events

Alcoholic beverages may be served at College social functions defined as "closed events" - invitational events at which the majority of guests are over 21 years old.  Examples include faculty socials, Board of Trustee events, College Citizens' Board events, senior honor society events, and senior class events. Determination of other closed events will be made by the vice president for student life or his/her designee and at his/her sole discretion.

Closed events, as defined above, must be BYOB and must adhere to the following guidelines:

1. The event must have an authorized person from the group who is to be in charge of the event.  This person's name is noted on a Facilities Reservations Form filed with the Scheduling Office.
2. The event must be by written invitation only..
3. A list of individuals under the age of 21 must be provided to the server of alcoholic beverages prior to the event.
4. Alcoholic beverages will be served in single units not to exceed 12 oz. of beer, 4 oz. of wine or 1 oz. of other alcoholic beverage.
5. Non-alcoholic beverages must be available.  The proportion of non-alcoholic beverage should approximate at least half the amount of alcoholic beverage available.
6. The sponsoring individual (defined in #1 above) has the responsibility to see that all legal requirements are observed, that all College regulations are upheld, that all guests act responsibly in ensuring compliance, that the premises are left in good order, and that any special regulations for the area where the function is held are observed.
7. Signs must be prominently displayed stating that:

• alternative beverages are available;
• it is illegal for persons under age 21 to procure an alcoholic beverage; and 
• it is illegal for persons under age 21 to consume an alcoholic beverage.

College liability insurance does not cover any events involving the sale or distribution of alcoholic beverages.  Events where alcoholic beverages are provided require:

• the acquisition of a permit to serve liquor at the event; and
• provision and serving of alcoholic beverages by the College's food services staff or an independent caterer.

An independent caterer must furnish its own liability insurance and provide the director of risk management with written proof of insurance coverage in advance of the event.  Groups should contact the director of student activities, Scheduling Office, the vice president for student life or director of risk management for more information.

Campus DWAI and DWI
In an effort to curtail the number of serious injuries and fatalities that occur each year on the nation's roads, many states have increased their penalties for driving while ability impaired (DWAI) and driving while intoxicated (DWI).  Hartwick College is concerned with the health, safety and welfare of its students, and this concern underscores our campus DWAI and DWI policy.  Further, it is hoped that this policy makes Hartwick students aware that driving under the influence is unacceptable.

Any person operating a motor vehicle on campus may be stopped by a campus safety officer for a traffic violation, identification check, or other reason.  If the officer detects an odor of alcohol emanating from the student, sees an open container of alcohol in the vehicle, if the student is acting in a manner that indicates he/she may be under the influence of alcohol, or if the officer otherwise believes that the driver is operating the vehicle under the influence of alcohol, the officer has the right to call the Oneonta Police Department for assistance.

Alcohol at College Catered Events for Outside Constituencies
Periodically, the College caters special events such as weddings, conferences and anniversary celebrations.  Individuals interested in the policies governing the serving of alcoholic beverages at such events should contact the Scheduling Office for details.

Alcohol at Pine Lake
The alcohol policy in effect at Pine Lake reflects the philosophy that Pine Lake is an environmental campus that provides educational and recreational programs.  There is no place for alcohol use under these circumstances.  Individuals who come to Pine Lake for daytime use are not permitted to possess or consume alcohol.

Students living at Pine Lake are expected to comply with the College Alcohol Policy and all applicable New York State laws.  Students who have been assigned residency at Pine Lake and who are at least 21 years of age may have alcoholic beverages in their rooms, if they wish.  However, the possession and consumption of alcohol must be restricted to their living quarters (cabin or room in lodge).

Alcohol is permitted at certain special events if permission is secured from the director and/or resident manager in advance. A list of participants must be provided by the leader of the program, and they must ALL be at least 21 years of age.

Alcohol in College-Operated Campus Housing
All components of the College Alcohol Policy apply in all College housing at all times. It is a violation of New York State law for students under 21 to possess or consume alcohol. The College holds students responsible for obeying the New York State Alcoholic Beverage Control Law. In addition, the following regulations apply:

Alcoholic beverages are not permitted at any College housing unit event (e.g.: a floor function, an all-hall event, an on-campus house event, a townhouse cluster event). In addition, open containers of alcohol are not permitted in any public area, such as a lounge, corridor, stairwell, or lawn outside of College housing. An open container is any bottle, can, jug, flask, cup or other item used to hold a beverage.

Alcoholic beverages and alcohol containers are prohibited in Hilltop/Oyaron House, and in Smith Van Ess, Saxton, Wilder and Holmes Halls. No containers of alcohol may be present in any residence hall room of any person under the age of 21, regardless of whether or not the contents have been emptied. Students under the age of 21 are prohibited from being in a residence hall room where alcohol is being consumed. The possession of these containers, and/or being in the presence of alcohol while in an alcohol-free building, constitutes a violation of the College Alcohol Policy.

Student rooms or apartments are considered to be the private quarters of students. The College will not enter student rooms except under the circumstances outlined in Student Rights and Confidentiality. Students, however, must realize that the College recognizes its responsibility to provide a reasonably safe environment in which students may live, study, and sleep. The College will respond to excessive noise or other inappropriate behavior in student quarters, since such behavior violates the rights of others.

Alcohol in Hartwick Greek Houses

Philosophy
The irresponsible use of alcoholic beverages by students is not condoned by Hartwick College, the All-Greek Council nor any recognized Greek organization. It is recognized that students need to make individual choices concerning their use of alcohol. Intoxication in no way releases a student from full responsibility for his/her behavior and its consequences.

All members of the Greek community, their guests and each individual house are subject to the New York State Alcoholic Beverage Control Law and regulations stating in part:

• The selling or furnishing of alcoholic beverages of any kind to persons under the age of 21 by any person is illegal.
• The misrepresentation of one's age in order to obtain an alcoholic beverage is illegal.
• Possession of alcohol by anyone under 21 is illegal.

Alcohol and Drug Policy
Hartwick College recognizes the importance of social gatherings as a means of developing community and fostering friendships among students. The College expects that alternatives to alcoholic beverages be widely available at all social functions. Under no circumstances should consumption of alcohol be the primary focus of a social gathering. The College has adopted Fraternity Insurance Purchasing Group (FIPG) guidelines, including:

1. The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, while on organization premises, during a fraternity event, in any situation sponsored or endorsed by the organization, or in any event an observer might intend to associate with the fraternity, must be in compliance with any and all applicable laws, rules and regulations of the state, county, city and the College, and must comply with either the BYOB or the FIPG Manual's Third Party Vendor Checklist, both accessed from the web link above.
2. No alcoholic beverage may be purchased through organization funds nor may the purchase of it for members or guests be undertaken or coordinated by any member in the name of, or on behalf of, the organization. The purchase or use of a bulk quantity or common sources of such alcoholic beverage, e.g. kegs or cases, is prohibited.
3. OPEN PARTIES, meaning those with unrestricted access by non-members of the fraternity, without specific written invitation, where alcohol is present, are prohibited.
4. No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under legal "drinking age").
5. The possession, sale or use of any ILLEGAL DRUGS or CONTROLLED SUBSTANCES, while on organization premises or during an organization event or at any event that an observer might tend to associate with the organization, is strictly forbidden.
6. No organization may co-sponsor an event with an alcohol distributor, tavern (defined as an establishment generating more than half of its annual gross sales from alcohol) or charitable organization where alcohol is given away, sold or otherwise provided. Organizations may use said organizations as third party vendors (see the FIPG Manual's Third Party Vendor Checklist, using web link above, for complete definition).
7. No organization may co-sponsor or co-finance a function where alcohol is purchased by any of the host organizations, groups or other organizations.
8. All recruitment activities associated with any organization will be DRY functions at which absolutely no alcohol will be present.
9. No member shall permit, tolerate, encourage, or participate in "drinking games."
10. No alcohol shall be present at any new member/associate member/novice program, activity or ritual of the organization.

Registered Events 

1. ALL Greek events must comply with Greek and College policies and state laws regarding the use of alcoholic beverages.  Non-compliance will result in disciplinary action taken by the vice president for student life or his/her designee.  Possible action against the organization and/or individual deemed responsible includes warning, censure, social probation (restriction on future social activities or closing of the organization's house for a specified period of time), suspension as a recognized Greek organization of Hartwick College, or permanent loss of recognition.
2. Only Hartwick undergraduates of that Greek organization's active membership, alumni, new member/associates, and specifically invited guests may attend a Greek event. A guest list at the entrance is required. (Note: A general invitation to a segment of Hartwick student body such as a residence hall, or a function publicized by flyers slipped under doors is NOT permitted.)
3. ALL Greek sponsored events must be registered with the Office of Student Life a minimum of one week prior to the scheduled date of the event. Guest lists must be submitted to the Office of Student Life by noon on the Monday following the event.

Greek Event Policy Guidelines

1. All events should be under the category of BYOB (bring your own beverage). Organizations should discourage the use of bottles in BYOB events. Bottles can be a dangerous weapon. Charging for admission or a cup and then providing alcohol is illegal and is not different than selling by the drink. Organizations should not provide alcohol under any circumstance, even if it is served free to members and guests.
2. Anyone who is to consume alcohol at a registered organization house event must present identification issued by a government entity documenting that they are of legal drinking age. This identification must be presented to the social chairperson or his/her designee at the time of registration.
3. All persons admitted to the event must be identified as a Hartwick College student or the personally escorted guest of an organization member. Door checkers must be assigned to each entrance/exit, including patio/deck entrances. Door checkers must be on duty for the entire event. Names of door checkers must be provided to the Office of Student Life by noon Wednesday in advance of the event.
4. Age identification (stamp, wristband, picture ID, etc.) must be presented by event participants to the beverage server in order to be served. Individuals failing to comply with the age identification process will be required to leave the event. All guests must sign the guest list for the event.
5. Any individual knowingly serving or giving an alcoholic beverage to an underage person will be asked to desist. Failure to comply will result in the individual being asked to leave the event.
6. Beverage servings are not to exceed 12 oz. of beer, 4 oz. of wine or 1 oz. of any other alcoholic beverage. Beverages may not be dispensed to anyone who does not possess proper identification.
7. Persons who appear to be intoxicated or who may pose a threat to the safety of themselves or others should be stopped from consuming further alcohol.
8. Persons in charge of an event (social chairperson or designee), beverage servers, and door checkers will abstain from using alcohol during an event.
9. No person at any event should possess more than one single serving of an alcoholic beverage at a time (see #6 above).
10. Large containers (pitchers, buckets, jugs, etc.) will not be filled or allowed at any event at any time.
11. Events at which alcohol is present may only be scheduled for Thursday through Saturday from 6 p.m. until 1 a.m. The social chairperson or designee will be responsible for ensuring that the dispensing of alcohol is stopped by the required time.
12. No open alcoholic beverage containers may be taken from the house. The dispensing and consumption of alcohol must be restricted to within the walls of the house and on attached first floor decks and patios. Persons of legal age (21) may take with them any unopened alcoholic beverage containers they brought with them in the case of BYOB events.
13. No members or guests will be permitted to bring alcoholic beverages to an event, from outside, with the intent to distribute to others. Alcohol for BYOB events is no greater than one six-pack per 21-year-old. If persons are found to be distributing alcohol to persons other than themselves, they may be charged with providing alcohol to minors and their alcohol will be confiscated by the hosting organization and returned only when the individual leaves the event.
14. Food and non-alcoholic beverages must always be served by a Greek house anytime alcohol is present.
15. Members or guests who are obviously intoxicated will be provided with safe transportation or given escorts to assist them to their residences.
16. House members shall look out for the safety of their peers (including house members, College students and other guests) when drinking at the house or away. They shall not drink and drive or permit their peers to drink and drive.
17. Signs informing guests of applicable New York State law will be posted visibly at all entrances and exits of the house.
18. All sound amplification systems must be contained within the walls of the house. Such equipment will not be permitted on decks or patios, or in windows or doorways with the intent of projection outdoors. The City of Oneonta noise ordinances will be complied with in all respects. It is suggested that windows and doors facing the residential neighborhood be closed.
19. Members of the organization must complete Training for Intervention Programs. At every social event at least five members, including one officer, must serve as sober crew and be responsible for the event.
20. No grain alcohol shall be served or permitted.
21. No kegs or other "common sources" of alcohol shall be available at Greek events, unless a College-approved third party vendor is used.