Policies of CSU-Pueblo

University Policy

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Policy Title: Alcohol and Other Drug Policy Category: Student Affairs
Owner: Vice President of Student Affairs/Dean of Students Policy ID#: 12.02.02
Contact:
Student Conduct
Effective Date: 12/12/2023

POLICY PURPOSE:

Colorado State University Pueblo is committed to providing an academic and social environment that supports excellence in academic and related pursuits and promotes individual responsibility, health and safety, and community welfare. Substance misuse and abuse can lead to serious health problems for individuals and harm to the community. To decrease risk factors and protect the community, CSU Pueblo provides comprehensive Alcohol and Other Drug (AOD) education, programs, and outreach for its students, staff, faculty, and community partners. The purpose of this policy is to establish safe practices and protect the University, its students and others from the adverse effects of Alcohol and Other Drug misuse.

POLICY APPLIES TO (Persons affected by):

This policy applies to all students at the University. This policy applies in addition to the Student Code of Conduct and Residence Life & Housing Handbook.

EXEMPTIONS:

This policy does not apply to bona fide, approved research projects utilizing Alcohol or Cannabis or its derivatives, or any other Controlled Substance in compliance with all applicable federal and state laws and regulations and university policies. 

DEFINITIONS:

Alcohol or Alcoholic Beverage: Any substance which contains ethyl alcohol that is designed for the purpose of human consumption.

AOD: Acronym for Alcohol and Other Drugs.

Binge Drinking: A pattern of consuming Alcohol with an intention of becoming intoxicated by heavy consumption over a short period of time, or playing drinking games (such as beer pong, chugging contests, using a funnel or other device for enhanced consumption, etc.).

Campus: All property, buildings and facilities of Colorado State University Pueblo, whether owned, leased or otherwise under the control of the University.

Cannabis or Marijuana: A plant used to produce hemp fiber and as a psychoactive drug, its parts and its derivatives containing tetrahydrocannabinol (THC).

Controlled Substance: As defined in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812, 21 CFR 1308.11-1308.15, or in Colorado Revised Statutes (C.R.S.) §18-18-102(5). These include substances that have a high potential for misuse or which, if abused, may lead to psychological or physical dependence. Among these are heroin, fentanyl and other opium derivatives, methamphetamines, marijuana, cocaine, and other mind-altering drugs. 

Drug: A Controlled Substance, prescription drug, or other medication or substance, other than Alcohol, that has the potential to induce intoxication or other mind-altering effects.

Medical Amnesty: An exception or pardon from disciplinary sanctions when a student calls for medical help for themselves and/or others.

Paraphernalia: Equipment, products, and materials that have been used or are intended to be used to cultivate, manufacture, distribute, or consume illicit drugs (including medical and recreational Marijuana and its derivatives) or to engage in Binge Drinking.

Possession: An act where an individual has or holds any amount of Alcohol or other Drug(s) on their person or in a place under their control.

Tobacco Products: means all forms of tobacco and imitation tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), electronic/e-cigarettes, vape pens and smokeless or “spit” tobacco, and specific nicotine products.

POLICY STATEMENT:

CSU Pueblo will not tolerate the excessive, inappropriate, or illegal use or abuse of Alcohol or other Drugs on or off campus property. The University will not condone criminal activity on its property, or on property under its direct control, and will impose disciplinary sanctions up to and including expulsion of a student who violates CSU Pueblo’s AOD policies, consistent with federal, state and local laws. The University may also make referrals to law enforcement authorities for criminal prosecution. CSU Pueblo has the right to adjudicate off-campus cases that are judged to impact the University’s educational mission and/or the health and safety of members of the community.

The University expects that those who wish to include Alcohol as part of their activities will do so responsibly and lawfully. Responsible drinking includes making sound judgments about whether, when, and how much to drink, understanding the health issues related to the consumption of Alcohol, and avoiding excessive or Binge Drinking or any other abuse of Alcohol. 

Persons planning events on Campus should be mindful of the complexities introduced into planning an event with Alcohol. Event management issues such as the provision of refreshments, management of the participants or audience, security, insurance concerns, liability of participants, protection of minors, and other factors require serious attention for any event, especially when Alcohol is served. Event organizers must fully understand the University’s Alcohol and Other Drug policies and applicable laws and must manage their events accordingly. They also are expected to keep the safety and well-being of participants at the forefront of their planning and management of events. Faculty and staff members who advise students are expected to assist them in making responsible decisions about their events and to facilitate the enforcement of this policy. 

Student organizations may not plan or hold events that promote or encourage the over-consumption of Alcohol or the use of Drugs. Those planning events should remember that the vast majority of events at CSU Pueblo take place without Alcohol or Drugs; that most members of the undergraduate community are not of legal drinking age; and that among those who are, many do not drink Alcoholic Beverages at all. Campus organizations that choose to plan events with Alcoholic Beverages are expected to maintain a reasonable balance in their programming between events with and those without the serving of Alcoholic Beverages, and to include and welcome non-drinking participants at every event, without exception. 

Marijuana and its derivatives are Controlled Substances, and, despite state law, they remain illegal under federal law. Their use and possession on Campus and at CSU Pueblo events can put the University at risk of non-compliance with strict laws and regulations that carry severe penalties and are strictly prohibited.

Drug-Free Schools and Communities Act (DFSCA)

The DFSCA requires CSU Pueblo to establish policies that address unlawful possession, use, or distribution of Alcohol and Drugs by students and employees. The DFSCA also requires the establishment of a drug and alcohol abuse prevention program. This policy and the CSU Pueblo’s Health Education & Prevention Program address these needs for the student community, and the program is reviewed every other year, with a biennial report issued to the campus community.

Prohibitions on Possession, Consumption and Impairment

The University prohibits:

1.  Underage Possession or Consumption  

The possession and/or consumption of Alcohol by persons under the age of 21 is prohibited. Possession and consumption of Alcohol by Residential Students, or by anyone in the Residence Halls and Apartments, is further regulated in the Residence Life and Housing Handbook. 

2.  Providing Alcohol to Minors

No student, regardless of age, shall provide Alcohol to anyone under age 21.

3.  Irresponsible Serving of Alcohol

When providing Alcohol to those of the legal age to drink, students must practice responsible serving procedures. Irresponsible serving procedures include, but are not limited to, providing Alcohol to intoxicated individuals, providing Alcohol to minors, allowing persons to drive who have been drinking, and creating environments conducive to Binge Drinking. Students may be held responsible for the behavior of their guests who violate this policy.

4.  Binge Drinking

Participating in, encouraging or knowingly permitting Binge Drinking is prohibited.  

5.  Severe Intoxication 

Being intoxicated by Alcohol to a level that requires, or appears to require, medical attention or supervision by others, or poses a danger to the health or safety of oneself or others, is prohibited.

6.  Use During Class

Use of Alcohol or Drugs, or tobacco, during any class, whether in-person in the classroom or while attending a class online or remotely.

7.  Citations

Students receiving citations for Driving While Impaired (DWI) or Driving Under the Influence (DUI) may also be disciplined by the University.

8.  Possession, Use, or Sale of Marijuana and Other Drugs  

The unlawful manufacture, distribution, dispensation, possession, or use of Drugs (including medical and recreational Marijuana and its derivatives) on property owned or controlled by the University, or as any part of any University activity, is prohibited. The possession of a medical Marijuana permit does not allow for the possession, use or storage of Marijuana anywhere on university property, including in the residence halls and university apartments.

9.  Paraphernalia

Possession, sale or use of Alcohol or Drug Paraphernalia on university property. 

10.  Promotion and Advertisement

Marijuana and other Drug industry promotions, advertising, marketing, and distribution are prohibited on Campus and with campus and educational activities.

11.  Prescription Medication

The distribution, dispensation, or possession of prescription medication that has not been prescribed by the individual’s licensed treating provider is prohibited. Individuals who have been prescribed medications (including scheduled Drugs) may only use those medications as prescribed by their treating provider. Any other use or unauthorized sale is prohibited. All prescription medication must remain in the original labeled packaging provided to the individual to whom it was prescribed.

Permissible Activities that May Include Alcoholic Beverages

CSU Pueblo permits the lawful use of Alcoholic Beverages at events and in connection with activities on CSU Pueblo property, when certain circumstances and conditions are present. These include: 

  • When the activity takes place in a licensed restaurant, bar or other premises, such as the football stadium, in the Da Brix at the Occhiato Student Center, or at a licensed off-Campus establishment.
  • When the activity takes place in another location on Campus and is catered by a food service company contracted by the University, that holds the appropriate Alcoholic Beverage license, and prior approval from the responsible university department and the University President or President’s delegate has been received.
  • When service of Alcohol at the event is approved, in advance, by the Cabinet in accordance with the Event Scheduling and Facilities Use Policy.

Medical Amnesty

CSU-Pueblo encourages all members of the community to call for help when any sign of Alcohol poisoning or Drug overdose is observed. Students who call for help to assist someone or themselves may be eligible for medical amnesty. Students who are provided medical amnesty shall not be subject to disciplinary sanctions; however, students may be required to attend an Alcohol and Drug educational program. Receipt of medical amnesty is at the discretion of the Office of Student Conduct and Community Standards. Examples of substance use crisis situations where medical amnesty may be claimed include:

  • When a student calls for medical assistance for another student or themselves because of severe alcohol intoxication, overdose, or physical injury by calling 911 or the Pueblo County Sheriff's Department (719-549-2373). 
  • When a representative of an organization hosting an event calls for medical attention for an individual present at their event and works cooperatively with responders, the individual initiating the call, the organization, and the student needing medical assistance may be able to claim medical amnesty.

Failure to Respond to an Alcohol or Drug-Related Emergency

Students who fail to call for medical assistance in an alcohol or drug-related emergency may be subject to enhanced conduct sanctions and possible criminal prosecution. Whenever there are reasonable grounds to suspect that a student may be experiencing a substance use crisis, a report should be made to Pack CARES after calling emergency services.

Violations

Students who violate the University's policies concerning Alcohol and Drugs face sanctions in accordance with the Student Conduct Code and may be subject to criminal prosecution under federal and state laws for Alcohol and Drug-related criminal offenses.

It is also a violation of this policy to: (1) Retaliate against any person for reporting suspected impairment or taking any other action under this policy, even if such action ultimately proves to be unwarranted; or (2) Knowingly make a false report of impairment against another. Such violations will be taken seriously and may result in disciplinary action.

RELATED LAWS, POLICIES & PROCEDURES:

REFERENCES:

AOD Sanction Guideline Table 2019

APPROVED:

Marie Humphrey, Vice President for Student Affairs/Dean of Students, 12/12/2023