Additional information about drugs and alcohol may be found at Ball State's Safe And Drug-Free Campus website and at http://www.bsu.edu/AlcoholAwareness.
The following policy appears in the Code of Student Rights and Responsibilities in Appendix A
When students choose to consume alcoholic beverages, Ball State University encourages responsible practices and behavior in accordance with campus policies, the laws of the State of Indiana and the City of Muncie. Violation of University policy and local and state laws related to alcohol on or off campus will result in disciplinary action.
A. General Guidelines
1. University Sponsored Events- Illegal purchase, service, consumption, or possession of alcoholic beverages at any University-sponsored event on or off campus is prohibited. Upholding applicable local, state, and federal laws in connection with this policy is the joint responsibility of the persons in attendance at the activity, the sponsoring organization, and the management of the establishment in which the activity is held.
2. Illegal purchase, consumption, or possession of alcoholic beverages by any student less than 21 years of age is prohibited wherever it may occur.
3. Providing alcoholic beverages at any time to an individual who is under 21 years of age is strictly prohibited.
4. Adverse behavior as a result of alcohol consumption, including disruption, disorderly conduct, and public intoxication shall be a violation of the Student Code.
5. The sale of alcoholic beverages by any person without a license is strictly prohibited.
6. Students found responsible for providing alcohol to minors and selling or distributing alcohol in violation of state law shall be in violation of the student code.
7. Students hosting parties where alcohol is provided to minors, provided in excess to others, or otherwise distributed in violation of the law are subject to sanctions outlined in the Code of Student Rights and Responsibilities up to and including suspension or expulsion from the University.
B. On Campus - With respect to the service, possession or consumption of alcoholic beverages on the Ball State University campus, state statutes and city ordinances will be enforced in addition to the following regulations:
1. Residents who are of legal age to possess or consume alcoholic beverages and who reside in University-operated employee or University Apartment units may possess and consume such alcoholic beverages in the privacy of their residences.
2. Consumption and possession of alcohol may be permitted on some residence hall floors where all residents are of legal age to possess or consume alcoholic beverages. Such use of alcoholic beverages will not be permitted in the public lounges, study lounges, recreation areas, dining rooms, or any area other than the student rooms.
C. Parental Notice: The University will notify parents/guardians of students under 21 years of age when a student is found responsible for (1) a violation of the drug policy, (2) a second violation of the alcohol policy, and (3) on the first violation of the alcohol policy when one or more of the following occurs:
• the student demonstrates a reckless disregard for his or her personal safety or the safety of others;
• medical attention to any person, including the student, is required as a result of the student's alcohol related behavior;
• there is property damage;
• the student operates a motor vehicle under the influence of alcohol;
• the incident involves another serious violation;
• the student's alcohol-related behavior negatively impacts the learning environment.
Laws Concerning Drinking or Serving Alcohol
The summary below is intended to provide an overview of some of the sections most relevant to University students. It is not intended as a substitute for professional legal advice. Those needing legal advice should consult an attorney.
Alcohol Use by Persons Under the Age of 21
Indiana alcoholic beverages laws define the term "minor" as "a person less than twenty-one (21) years of age." Under Indiana Law, it is illegal for a minor:
• To possess an alcoholic beverage (even to hold a sealed container for another person).
• To consume an alcoholic beverage.
• To misrepresent his or her age for the purpose of obtaining alcoholic beverages.
• To furnish false or altered identification of any type for purpose of providing evidence of age to obtain alcohol.
• To have his or her possession false or fraudulent evidence of age.
• To drive an automobile being used to transport alcoholic beverages, unless the minor's parent or legal guardian is present in the car. (Note: When a minor operates a motor vehicle containing ANY alcoholic beverages she/he is subject to arrest, unless a parent or legal guardian is in the car. A 21 year-old-friend does NOT qualify a minor to operate a vehicle containing an alcoholic beverage. It is no defense that the beverage belongs to someone else or that is unopened.)
• To "be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished."
Criminal sanctions for such violations include a fine of up to $500 and/or imprisonment in a local jail for up to 60 days. In addition to the criminal sanctions, Indiana law mandates a 90 day to one year driver's license suspension for any minor who is convicted of using any type of fake ID, or of entering a bar or tavern or purchasing or procuring an alcoholic beverage (with or without using false or altered driver's license). Under certain circumstances, local prosecutors have used the "criminal code," rather than the "alcoholic beverage code," to prosecute users of fake ID's. Class A misdemeanor charges of "deception" and class C felony charges of "forgery" have sometimes been filed. Also under a new federal law, possession or use of fake or altered driver's licenses or state or federal ID cards can be punishable by a fine up to $25,000 and/or a five year jail term.
General Alcohol Laws (these apply to all persons regardless of age):
It is illegal:
• To be in a public place in a state of intoxication (also known as "public intoxication").
• To sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor.
• To sell, barter, deliver, or give away an alcoholic beverage to a person who is intoxicated.
• To sell, barter, exchange, give, provide, or furnish an alcoholic beverage to a person known to be an alcohol abuser.
• To hinder, obstruct, interfere with, or prevent the observance or enforcement of the Indiana Alcohol Beverage Code. For a person 21 years of age or over to encourage, aid, or induce a minor to unlawfully possess or use an alcoholic beverage.
• To take an alcoholic beverage into bar, restaurant, or place of public entertainment. (Indiana Law prohibits patrons from taking any alcoholic beverage into any bar or other place without liquor license. It also prohibits taking liquor into any restaurant or place of public entertainment.)
• To possess alcoholic beverages on which Indiana tax has been unpaid or to transport untaxed beverages into the state.
• To directly or indirectly charge for alcoholic beverages without a license (including charging for food, entertainment, cups, napkins, tokens, etc. where alcoholic beverages are distributed-there are no loopholes). (NOTE: A one-day temporary permit is easily obtained. This permit allows you to charge for beer or wine but also allows police inspection of the premises without a warrant. Rules on minors, intoxicated guests, etc., would still apply.)
Criminal sanctions for such violations include a fine of up to $1,000 and/or imprisonment in a local jail for up to six months.
Alcohol or Other Drug Impaired Driving
It is illegal:
• To operate a motor vehicle while intoxicated (under the influence of alcohol, any controlled substance, any other drug, or any combination of alcohol, controlled substances, and other drugs).
• To operate a motor vehicle with 0.08% or more alcohol in the blood, even if intoxication is not proven.
• To operate a motor vehicle while intoxicated or with 0.08% or more alcohol in the blood if said operation results in serious bodily injury to another person.(FELONY)
• To operate a motor vehicle while intoxicated or with 0.08% or more alcohol in the blood if said operation results in the death of another person. (FELONY)
Indiana law states that anyone operating a motor vehicle within the state gives "implied consent" to submit to a chemical test of intoxication (breath, blood, or urine). Failure to submit to the test may be presented as evidence against the driver in court and will result in a longer driver's license suspension than if the driver took the test and failed it. The courts have ruled that failure to cooperate with a test will constitute refusal in the eyes of the court. (NOTE: It is illegal to drive a car while impaired - even at blood alcohol levels below 0.08!) Criminal sanctions for such violations include fines and imprisonment, license suspensions, and can include mandatory education or treatment programs.
Parties, Permits, and "Common Nuisances"
Indiana law requires a license to "...Ship, barter, give away, exchange, furnish, or otherwise handle or dispose of an alcoholic beverage..." (except to give it to a family member or invited guest who is of legal age). This has been interpreted to mean that it is all right to serve over-21 friends a beer or two but one may not sell it or receive anything of value in exchange for it. If a party gets larger than "invited guests," or if admission is charged (or "donations" accepted), a temporary permit is required. Without a permit, one can be charged with
• Serving alcohol without a permit (a class B misdemeanor) or
• Maintaining a common nuisance (a class D felony)
Social Host Liability
Under civil law in Indiana, the host of a party might be sued for damage caused by a guest who was served alcohol negligently. Negligence is determined by juries, so it is hard to predict, but the following steps will reduce liability for negligent serving of alcohol: enforce state laws and don't serve minors or intoxicated people; limit consumption to reasonable levels and provide safe rides or a place for intoxicated people to stay until they are sober; avoid high risk activities like drunk driving. Use common sense.
A Caution for Guests...
Even non-drinking guests at parties where alcohol is being served could be at risk for an arrest or conviction. It is a crime to "visit a common nuisance" (i.e. an unlicensed big party). Minors could also be charged with "constructive possession" of alcohol if they are close enough to alcohol that it is "within their dominion for control."