LIQUOR; HIGHER EDUCATION;

LIQUOR; EDUCATION - HIGHER;

OLR Research Report


January 30, 2003

 

2003-R-0125

UNIVERSITIES DRUG AND ALCOHOL POLICY VIOLATIONS

By: Veronica Rose, Principal Analyst

You asked for copies and summaries of parental notification policies for violations of the alcohol codes or policies of the University of Delaware and the University of Illinois.

DELAWARE

The University of Delaware prohibits unauthorized use, sale, possession, manufacture, or distribution of alcoholic beverages on university property or in university facilities. The university’s regulations require parents or legal guardians to be notified at the conclusion of a disciplinary case that finds that a student under age 21 violated the university’s alcohol policy. Additional sanctions may include mandatory alcohol and drug evaluations and other sanctions ranging from disciplinary probation to expulsion from the residence hall or university.

ILLINOIS

Under the University of Illinois’ code of policy and regulations, parental involvement may be initiated in drug or alcohol cases if the student (1) is under age 21, (2) violates the university’s alcohol or controlled substances code, and (3) exhibits any of a list of alcohol-related behaviors that may significantly endanger himself or others.

When the university finds that a student has violated its alcohol or controlled substances code (other than simple violations of city ordinances), the adjudicating authority must inform the dean of students, who must review the case. If he determines that parental contact is warranted, he gives the student an opportunity to provide any information that may militate against such contact, including the student’s independence, marriage, resident status, or family relationships. The dean may also seek recommendations from people or committees that know about the student's behavior. If a determination is made to contact the parents, the student is invited to contact them from the dean's office and in his presence to inform them himself. The dean then sends a formal letter to the parents advising them of the violation. If the student chooses not to contact his parents, the dean contacts them by telephone or by mail.

The university’s alcoholic code prohibits people under age 21 from storing, possessing, or consuming alcoholic beverages on university property, including housing. People over age 21 may possess and consume alcoholic beverages on designated university property, and they may possess and store alcoholic beverages in their rooms and in graduate and certified student housing. In the latter case, they must abide by the policy of the owner-operator with regard to consumption of alcoholic beverages.

FEDERAL LAW

Disclosure of student information by colleges is governed by the federal Family Education Rights and Privacy Act (FERPA). FERPA generally prohibits a college from disclosing any information from a student’s educational records without the student’s written consent. It allows (but does not require) colleges to disclose information to a student’s parents if they claim him as a dependent on their federal income tax returns or if disclosure is in connection with a health or safety emergency. It also permits colleges to disclose to parents a student’s violation of laws or college rules concerning alcohol or drug use or possession if the student is under age 21 and the violation is the subject of college disciplinary proceedings.

Both federal and state laws require colleges to disclose campus crime information and statistics. Federal law also allows colleges to disclose the results of disciplinary proceedings against students accused of violent or “nonforcible” sex crimes.

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