AOD Rules & Regulations
Tier 1 violations consist of minor infractions of the Alcohol and Other Drug Policy.
Tier 2 violations include a series of minor infractions in excess of three; a single alcohol violation which causes significant concern for the health of the community, your safety or the quality of the learning environment (e.g. common source violations or violations involving alcohol abuse or intoxication); and all violations involving controlled substances and/or drug paraphernalia.
The following statements define prohibited actions or activities and the severity of the violation. Please note that those violations that generally appear as Tier 1 may become a Tier 2 violation if they meet the criteria of exceeding three in number.
Alcohol
Underage Possession and Underage Consumption: The sale, possession and use of alcohol must comply with the laws of the State in which the campus is located and with local campus regulations and procedures. The acquisition, possession, transportation and consumption of alcohol by anyone less than 21 years of age is prohibited by state law and SNHU policy. Alcohol may be possessed or consumed on SNHU property only by persons 21 years of age or older in appropriately licensed and/or approved campus facilities. Tier 1 violation
Possession in a Prohibited Area: If you are 21 years of age and reside in university-owned apartments or townhouses, you may keep and consume alcoholic beverages in your residence. Alcohol and alcoholic beverage containers, whether full or empty, are prohibited (1) in apartments or townhouses where the assigned residents are underage, (2) in all other residence facilities, and (3) in all common areas of residence halls regardless of your age. Common areas are defined as hallways, stairwells, lounges, bathrooms, building entries, and lobbies. Tier 1 violation
Possession of Alcohol in an Open Container: Open containers of alcohol are not permitted while in a public place on campus or in the compartment of any motor vehicle. A public place is an area to which the general public can gain access - including stairwells, townhouse patios and porches. A beverage found out of the original container (e.g. in a cup), that looks and/or smells like alcohol, is assumed to be an alcoholic beverage. The determination that alcohol is present will be made by the individual reporting the incident. A beer bottle in which the snap top has been placed back on it or a finger placed over a bottle top that has already been removed are examples of what would still be considered an open container. Tier 1 violation
Knowingly in the Presence of an AOD Violation: You are knowingly in the presence of an AOD violation if you are present in a location and are aware or reasonably should be aware that a violation of the AOD policy is taking place. Examples of this include but are not limited to being in a room where an AOD violation is taking place or permitting someone to violate the AOD policy in your room or unit. Tier 1 violation
Serving/Hosting Underage Person(s): Apartment or townhouse units with no residents of legal drinking age are considered “dry” units and alcohol is prohibited at all times in these units. Residents of legal drinking age who live in an apartment or townhouse unit are permitted to store or consume alcohol in the residence. By law, no one may provide alcohol to minors. If residents of legal drinking age are found responsible for providing alcohol to underage drinkers or are present in the unit while minors are consuming alcohol, the unit will become “dry” for a determined period of time. When violations occur with no residents of legal age present, those found responsible will be sanctioned individually based on their previous AOD history and the unit will be issued a warning. Any subsequent violations in the unit will result in the unit becoming “dry” for a determined period of time. The period of time would be contingent upon the type and severity of the violation. Tier 1 or Tier 2 violation
Alcohol Transport : It is permissible for a student of legal age to transport between residences a container of alcohol in which the original seal has been broken but is not uncapped/open and the student is not in the act of consuming it. This interpretation would apply specifically to containers of alcohol that in their design are intended to be resealed (e.g. liquor bottle, wine bottle that is corked or closed, large bottles of beer that are sold with a twist cap). The amount of alcohol that students may transport between residences in an opened package cannot exceed 12 standard drinks. A standard drink is defined as a 12 oz. beer, a 4 oz. glass of wine, 1½ oz. of 80-proof alcohol or 1 oz. of 100-proof alcohol. Students may not transport alcohol in any type of cooler. It is illegal for a person under the age of 21 to transport any alcohol, unless in the company of a parent or legal guardian, according to state law. Tier 1 violation
Alcohol Paraphernalia and Display Items: Possession of paraphernalia used in drinking games or activities intended to increase the rate of consumption of alcoholic beverages is prohibited and said items will be confiscated by University officials. Decorative/display items such as bottles are permitted in residence; however, they must have been altered in such a manner so as they do not currently or can no longer hold alcohol or have held alcohol recently. Examples of such items would be lamps made from bottles or cans and bottles used for sand art. Examples of unacceptable items are bottles being used as vases or bottles with liquid that glows under a black light. Decisions as to whether or not an item is decorative are at the discretion of University officials. Tier 1 violation
Under the Influence of Alcohol/Alcohol Abuse: You are responsible for your own behavior while drinking, and being under the influence of alcohol in no way lessens your accountability to the SNHU community. You may not drink alcohol in an abusive manner or to the point of intoxication, nor may you knowingly serve another to the point of intoxication. Abuse of alcohol includes consuming excessive amounts of alcohol and using games or other acts that encourage high consumption (see Drinking Games/Acts/and Common Source below). The determination of abusive drinking or an intoxicated state will be based upon physical observation and evaluation of behavior by a university authority and need not rely on any mechanical, electrical or chemical sobriety instrument. In general, an intoxicated individual is one whose mental or physical abilities are impaired to a point that he/she does not think or act in ways in which an ordinary person in full possession of his/her abilities and using reasonable care, would act under similar circumstances. Some specific examples that an individual is under the influence of alcohol or intoxicated include lowered inhibitions, bloodshot or glassy eyes, slurred speech, irrational conversation, mood swings or other actions that indicate a poor use of judgment, a strong odor of alcohol on one’s breath and/or an unsteady walk or gait. An ability to still walk and talk in what appears to be an ordinary fashion is not an indication that a student is not under the influence. Tier 2 violation
Drinking Games or Acts: Participation in games or activities intended to increase the rate of consumption of alcoholic beverages is prohibited. Tier 2 violation
Excessive Amounts of Alcohol or Common Source:Of special concern is the lack of control that results from consuming large quantities of alcohol. Both excessive amounts of alcohol and common sources are prohibited. (1) Excessive amounts are defined as supplies of alcohol which are excessive for the number present or which are distributed indiscriminately. Examples of excessive amounts include more cases of beer than reasonable for the number of people present or large mixtures of "punch" or the presence of "punch buckets". The determination of what is excessive will be made by the individual reporting the incident. (2) Examples of typical common sources of alcohol are kegs and beer balls. Common source containers, whether full or empty, are not permitted in university residence areas. Exception to the Common Source rule is the following: The University may sell keg beer at its regularly licensed location: the Pub. Approval from the Director of Campus Programming must be obtained for beer to be served/sold from a common source in any other location. Tier 2 violation
Controlled Substances
Possession of a Controlled Substance, Use of a Controlled Substance or Evidence Supporting: The possession, use, manufacture or distribution of illegal drugs or controlled substances is prohibited at any time on university property and as part of any university activities. The use of prescription drugs for other than their intended medical purposes or their possession by a person to whom the medication was not prescribed is not permitted. If you or your guests use, possess, manufacture or distribute illegal drugs or controlled substances, both you and they are liable to public law enforcement actions and university disciplinary actions. The individual reporting the incident will determine the presence of evidence that would support conducting a search and determine the possession or use of a controlled substance or illegal drugs. Evidence warranting a search might include odor or the presence of items typically used to disguise or eliminate odor, the presence of paraphernalia and/or physical signs of impairment. Tier 2 violation
Possession of Drug Paraphernalia: The possession of drug paraphernalia (e.g. bongs, bowls, pipes, dugouts, roach clips) is prohibited at any time on university property and as part of any university activities. No evidence of drug use involving the paraphernalia is necessary to be charged with possession of the item. The determination of paraphernalia will be made by the individual reporting the incident. Tier 2 violation
Under the Influence of a Controlled Substance/Illegal Drug: You may not be under the influence of an illegal or controlled substance at any time. Indications that an individual is under the influence of an illegal or controlled substance may include bloodshot eyes, a strong odor on a person’s clothing or on their breath, excessive mood swings, excited behavior, or irrational or erratic behavior that lacks a logical explanation. The determination that an individual is under the influence of a controlled substance or illegal drug will be made based upon physical observation and evaluation of behavior by a university authority and need not rely on any mechanical, electrical or chemical sobriety instrument. Tier 2 Violation