President's Directive No. 1

This directive is issued pursuant to California code of Regulations, Title 5, Sections 42350 et. seq., and Sections 89030 and 89031 of the California Education Code. Violation of those portions of this directive pertaining to alcoholic beverages is a misdemeanor and is punishable as prescribed in Section 19 of the California penal Code, and /or Title 5 Section 41301 of the California code of Regulations, CSUF Residence hall Regulations, and other applicable disciplinary procedures. Violations pertaining to other drugs are defined and punishments are indicated in the California Health & Safety Code.

DRUGS OTHER THAN ALCOHOL

The possession, manufacturing, sale, furnishing without charge and consumption in a university workplace or residence facility* of any dangerous drug, restricted dangerous drug or narcotic** by any person is prohibited.

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* “University workplace or residence facility” is defined to mean the site for the performance of university activities including any state-owned university building or premises including outdoor space, any state owned vehicle assigned to the state/university or used for any university sponsored activity.

** As those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction of analysis, pursuant to university policy and procedures.

Note: all holders of the university’s Facility Use Manual should insert this revised directive after page 91 of the manual. Please remove and destroy the version now there (dated 3/9/88).

ALCOHOLIC BEVERAGES

Except as provided in this directive, it is unlawful for any person to sell, offer or expose for sale, give away or furnish to another person in any manner whatsoever or to consume any alcoholic beverage in a university workplace or residence facility.

1. Sale

a. Alcoholic beverages may be sold on university property only by the vendor selected by the California State University, Fullerton Foundation (hereinafter referred to as “The Foundation”) to conduct such sale after said vendor has obtained the appropriate state license.

b. The location of sale will be in accord with the terms of the license obtained.

c. Sale within the University Center will also require the prior approval of the U.C. Director, who will assure him/herself that such sale may be accomplished in a manner consistent with the law.

2. Furnishing without Charge

a. When furnished without charge to the consumer in connection with an event sponsored by a recognized campus organization or department, alcoholic beverages may be dispensed in meeting rooms and public areas of university buildings, and enclosed outdoor areas attached thereto, and in any area of the grounds of the president’s residence, with the prior approval of the president or appropriate vice president, or the designee others persons. Because of licensing requirements, however, it is unlawful for anyone except the licensed vendor to furnish alcoholic beverages without charge in the University Center, the University Club or any other area of the campus where the vendor selected by The Foundation is licensed to sell such beverages.

b. Any person furnishing such beverages without charge shall assure that an adequate supply of non-alcoholic beverages and appropriate food items are also available

3. Consumption

a. Alcoholic beverages may be consumed, possessed or stored by persons age 21 or over living in university residence halls and their guests who are of legal drinking age, but only in the individual residence hall suites and not in corridors, outside residence hall decks or walkways. Such beverages may be consumed in public or outdoor areas of the residence complex only with a special written permit issued by the Vice President for Student Affairs or designee.

b. Except as noted above, no person may bring alcoholic beverages to any university workplace for his/her own consumption unless the president has designated a university sponsored event as a place where such self furnishing may occur.

4. Implementation Procedure

a. Prior to approving the sale by the licensed vendor designated by The Foundation in a campus location other than those covered by the vendor’s regular license, the president, appropriate vice president or designee shall receive from the person or organization proposing to ask the vendor to sell or furnish without charge such beverages a written proposal which shall include:

The name of the person in charge of the event
The nature of the event and how it will be publicized
The number, age range and average age of the expected participants
A detailed written plan of how consumption by persons who are underage or intoxicated will be prevented.

b. A copy of the above proposal will be furnished to the Department of Public Safety, whose comments will be invited and considered by the appropriate administrator before a decision is made to allow or not to allow the event.

c. Whenever alcoholic beverages are served on campus as provided in this directive, the university administrator who has authorized the use of alcoholic beverages at said event assumes responsibility for insuring that reasonable steps have been taken to preclude such beverages being dispensed to any person who is under age or intoxicated. Such administrator shall be mindful of the fact that he/she may be found by the courts to be legally liable for personal injury or property damage arising from the action of anyone who becomes intoxicated at the event. Organizations sponsoring events at which alcohol is served may be legally liable in the event of injury or property damage resulting from such beverages being dispensed illegally.

d. Alcoholic beverages may not be served for longer than three hours at any event unless that event includes full meal service.

e. The Director of Commercial Operations of The Foundation will be responsible for monitoring the performance of the vendor selected by The Foundation to sell alcoholic beverages taking appropriate steps to insure that said vendor is taking appropriate steps to insure that underage and intoxicated persons are not being served.

f. Distillers, brewers and distributors of alcoholic beverages who wish to advertise their product on campus shall have the prior approval of the appropriate university administrators:

Athletic events: Director of Athletics
Recreation & Intramural events: Director of Recreation Programs
Events held in the University Center: U.C. Director
General student events and programs held elsewhere on campus: The Director of the University Activities Center
Student publications: The Chair of the Department of Communications
Associated Student publications: The Associated Students Administrator

Such approval will be based on anticipated compliance with the Presidents’ Directive Regarding the Marketing of Alcoholic Beverages on Campus, March 19, 1984, or as subsequently amended.

ENFORCEMENT

Violations of University Policy

All applicable state laws will be enforced by the Department of Public Safety which will refer to the District Attorney for prosecution any student, faculty or staff member found to be in violation.

Violations of University Policy

In addition to requesting prosecution under appropriate laws, the university may impose sanctions on students, faculty and staff who violate any portion of this directive including those portions which impose restrictions beyond or aside from those required by law. In the case of students, these penalties will relate to a student’s good standing in the university and/or in the residence halls. With regard to faculty and staff, these penalties will relate to employment status.

Students in violation may be warned, placed on university probation, suspended or dismissed from the university and/or expelled from the residence halls depending upon the seriousness of the violation.

Faculty and staff may be counseled, issued a letter of reprimand, referred to a mandatory substance abuse treatment program or be formally disciplined (during which process they may be suspended without pay, demoted or dismissed, depending upon the seriousness of the offense).

Every faculty member, staff member, student assistant, graduate assistant and student receiving or employed on federal grants shall receive a copy of the requirements of the Drug Free Schools and Communities Amendment of 1988 and shall be required to certify their awareness of these requirements. All such individuals must agree to notify the university within five days if they are convicted of any drug statute violation occurring in a university workplace or residence facility. The above notification for faculty, staff, student assistants and graduate assistants shall be the responsibility of the Office of Faculty Research & Development. In the case of students receiving financial aid, the notification shall be the responsibility of the Financial Aid Office. Persons receiving federal funds shall report convictions to the appropriate office as indicted above. These university offices shall report to the granting agency within ten days any convictions reported to them.

Originally issued: 9/1/83
Revised and reissued: 7/9/84
Revised 3/9/88 and reissued: 7/1/88
Revised and reissued: 11/30/90

Acknowledged by: Milton A. Gordon, President California State University, Fullerton