Policy on Alcohol and Other Drugs

The abuse of alcohol and the use of illegal drugs by members of the Ohio Wesleyan University community are incompatible with the goals of the institution. 

All members of the University are required to observe federal, state, and local laws, and University rules that pertain to alcohol and other drugs. Students who do not abide by applicable laws and policies may be subject to both criminal prosecution and university conduct  action. 

• Amnesty Policy
• Policy on Alcohol
• Excessive or Unmeasured Consumption
• Nationally/Internationally Affiliated Student Organizations
• Funding
• Social Gatherings with Alcohol
  • Policies for all Large Social Gatherings with Alcohol
    • Bring Your Own Beverage Event
    • Permit/Vendor or Trained Bartender Event
  • Small Social Gatherings with Alcohol
• Policy on Other Drugs
• University Outcomes for Alcohol and Other Drug Violations
• Federal, State and Local Sanctions for Unlawful Possession or Distribution of Illegal Drugs and Alcohol
  • Federal Penalties and Sanctions for Illegal Drug Offenses
  • State Penalties and Sanctions for Alcohol and Illegal Drug Offenses
  • Local Penalties and Sanctions for Alcohol and Illegal Drug Offenses

Amnesty

Students experiencing symptoms that require medical attention due to alcohol or other drug use should contact Public Safety, Residential Life staff, and/or emergency medical personnel (911) immediately.  

Amnesty means the University will refrain from taking formal conduct resolution actions against the reporting individual(s), as well as the student experiencing a medical emergency. The reporting individual should stay with the person in need of medical attention until help arrives.

Amnesty applies when there is a health or safety concern for oneself or for another person during which one of the following minor policy violations may also be present:

• Possession or consumption of alcohol or drugs by a person under the age of 21

• Possession or use of drugs

• Intoxication as the result of using alcohol (including Public Intoxication)

• A registered or unregistered event that has exceeded the hosts’ ability to provide control

Students eligible for amnesty may still be required to participate in an educational component and may be referred for an individual consultation; however they will not face formal disciplinary action related to the initial incident.  

The University can provide amnesty only for its own policies, not federal, state, or local laws.

Policy on Alcohol

In accordance with federal, state, and local law, Ohio Wesleyan University prohibits the unlawful possession, use, or distribution of alcohol by students and student organizations.

Students and visitors are prohibited from serving or otherwise supplying alcohol to any person under the age of 21.

Students and visitors under the age of 21 are prohibited from consumption and/or possession of alcoholic beverages.  “Possession” includes:

• Physical contact with any container that holds an alcoholic beverage.  There may be situations in which a student or visitor is not in physical contact with an alcoholic beverage container, but a preponderance of evidence supports the conclusion that the underage student or visitor has been drinking alcohol. Such evidence may include, but is not limited to, situations in which a container of alcohol is within reach of an underage student or visitor, the amount of alcohol relative to the present number of of-age students suggests that underage students are consuming alcohol, and/or there are indicators such as the odor of alcohol about a student or visitor’s person, slurred speech, or impaired motor skills;

• Having alcohol or empty alcohol containers in rooms or suites (if all residents are under the age of 21).

OWU students and visitors 21 years of age or older may possess open containers of alcohol on campus in the following settings:

• Student rooms and suites.

• Registered Large Social Gatherings with alcohol.

• Designated common areas of residential houses (i.e. SLUs, House of Black Culture, Honors House, Williams Drive Houses) and fraternities.

• Approved social events such as department or University receptions and other events where alcohol is served.

Open containers of alcohol are prohibited outdoors except at registered social gatherings and University-sponsored events approved to be outdoors.

A student or visitor 21 years of age or older may be in transit from one room, suite, or common area to another room, suite, or common area within the same residential facility while in possession of an open container of alcohol.  Loitering with an open container of alcohol is prohibited in authorized areas of residential facilities or other campus facilities.

Alcohol may not be sold or provided to underage or intoxicated persons in accordance with federal, state, and local law.

Alcohol may not be distilled, brewed, and/or created through a fermentation process on-campus unless it is for the purpose of an academic project and is occurring with supervision from an OWU staff and/or faculty person.  The Office of Residence Life must be notified by the student and supervising faculty/staff person if the project must be completed in a residential space.  

Excessive or Unmeasured Consumption

Any systems or practices designed to facilitate mass consumption of alcohol, such as punch bowls, beer bongs, or funnels, are prohibited. 

Participation in drinking games is prohibited if it contributes to endangering the safety of oneself or others, violating the rights of others, damaging property, or any other violation of the Student Handbook. Although participation in drinking games is discouraged, it constitutes a policy violation only when participation in such games contributes to the violation of other policies or impacts the health and safety of self or others committing other violations.

Nationally/Internationally Affiliated Student Organizations

Student organizations affiliated with a national and/or international entity are responsible for adhering to both OWU policies and their affiliated group’s policies. 

Student leadership within the organization is responsible for clarifying any unclear expectations outside of OWU policies with their organizational representatives directly, and for informing their national/international organization of any violations that occur.

OWU reserves the right to communicate drug or alcohol related conduct concerns to national organizations, even those that are not in violation of OWU Policies. 

In accordance with national fraternity and sorority risk management policies, alcohol is prohibited at all fraternity and sorority recruitment and new member events, at all sorority houses, and as otherwise specified by the headquarter policies.  

Students affiliated with these groups should refer to the North American Interfraternity Conference Alcohol and Drug guidelines for information.  Additionally, fraternities share the responsibility for ensuring that university drug and alcohol policies, as well as those established by their national/international affiliated organizations, are upheld within their residential facilities.

Funding

Some University funds cannot be used for the purchase of alcohol. Students and student organizations are responsible for compliance with funding guidelines for any funds received. Restricted funds include funding from the Wesleyan Council on Student Affairs (WCSA), Council of Fraternity Presidents (CFP), Interfraternity Council (IFC), Panhellenic Council, and money collected by the University and given to the living units and chartered organizations for social programs or other purposes. Funds from student organizations may be used to hire third-party vendors and security, but not to purchase any alcohol itself. Sponsorship of events by companies involved in the production and/or distribution of alcohol is prohibited. 

Social Gatherings with Alcohol

The University recognizes that students will want to gather in social settings and may complement the gathering with alcoholic beverages. All gatherings that have alcohol present must follow all state, federal, and local laws for alcohol use and the use of alcohol should not be the focal point of the gathering.

Students intending to host gatherings with more than 10 guests and/or visitors from outside of their residence present must abide by the following policies to ensure that the event is hosted responsibly and with minimal risk. Hosts must register their event and consult the Student Involvement Office to develop a plan and prepare responsibly as hosts.

Events and gatherings with alcohol must be accompanied by food and non-alcoholic beverage options. The hosts must provide the Student Involvement Office with confirmation (ie: receipts, purchase orders, etc.) of the food order and/or purchase. Food offered must be substantial and sufficient to accommodate the number of attendees at the event to promote the safe consumption of alcohol.

All alcohol at events hosted on-campus must be 6% ABV or below. It is the responsibility of the hosts to monitor that the alcohol being consumed and/or brought into their space adheres to this limit. Students interested in having alcohol above 6% ABV may request an exception through the Office of Student Integrity and Community Standards as long as the alcohol will be served by a vendor with a liquor license.

Students are permitted to host “bring your own beverage” (“BYOB”) for small gatherings.  Residents of the space are responsible for ensuring that alcohol is consumed only by guests and/or visitors of legal drinking age. Alcohol may only be a “6-pack” or less. Beverages that do not meet these requirements are not permitted.

Policies for all Large Social Gatherings with Alcohol: any event that has more than 10 guests and/or visitors who do not live in the residence.

Students hosting events with alcohol may do so in a “bring your own beverage” (BYOB) or “server” format. Please refer to the appropriate section for procedures.

• Alcohol may be sold or provided by a third-party vendor under the terms of that vendor’s permit.  AVI, the University vendor, holds a D-5 Liquor permit that allows for the sale of spirituous liquor, beer, and wine. This permit will allow for sale in the geographic area bordered by Sandusky Street to Washington Street, and Park Avenue to Spring Street.  Alcohol sold must adhere to the 6% or less ABV requirement. Students interested in having alcohol above the 6% ABV requirement should contact the Office of Student Integrity and Community Standards no less than 5 business days from their event to request approval.
• A student organization may apply for and obtain an F permit (a temporary liquor permit to sell or serve beer at special events). Contact the Office of Student Involvement for more information. The process for this option must be initiated at least 6-8 weeks in advance of the event. This would allow for beer sales at an event in a campus space outside of the boundary of the liquor license, such as Merrick Hall, University Hall, or Edwards Gym.
• Large gatherings in which alcohol will be present may not exceed 3 hours in length unless approved by the Student Involvement Office.
• Hosts have the right to tell a person that they may not consume any more alcohol in the event space. Students concerned for the safety of an event attendee should contact the Department of Public Safety to respond. Public Safety and other responders will make reasonable accommodations not to disrupt the event while responding to the person in need.
• Students of age to consume alcohol must be provided with a wristband. Event hosts are responsible for checking IDs and wristbanding their event participants.
• Hosts of an event are responsible for monitoring the safety and well-being of attendees and must be able to respond to issues that arise throughout the event.
• Gatherings must adhere to all University policies, including quiet hours.
• Outdoor Events must have Public Safety staff present for the duration of the event and are subject to additional restrictions pertaining to law enforcement, liquor law requirements, safety, clean-up, and noise. Outdoor events typically have additional costs associated (staffing, fencing, liquor license application, etc.) and the hosts will be required to incur the additional fees. Groups must consult with the Office of Student Integrity and Community Standards at least 5 business days prior to their event to discuss the options.
• There may not be any consumption of alcohol occurring outside of an event area (i.e. a small social gathering with alcohol may not be held in a room of a SLU/Theme House or a fraternity house while a large social gathering with alcohol is being held elsewhere in the house). The one exception to this is Stuyvesant Hall, where events may be held in the Milligan Hub and students not included/participating in the event may reside in the building and be able to consume alcohol within a student room if they are of the legal drinking age. 
• Invitations and advertisements for social gatherings with alcohol must be directed to desired attendees, not circulated freely, and the consumption of alcohol should not be presented as the focal point in invitations and advertisements for any gathering.
• To be eligible to host large social gatherings with alcohol, the hosting group must be in “Good Standing” with the University.
• Notice of the date, time and location of these events must be given to the University by registering them through Engage a minimum of 7 (seven) business days in advance (see www.owu.edu/howtoatowu for more information). 
• Attendance may not exceed the fire occupancy. Occupancy rates are determined by the Fire Inspector and are available through the Department of Public Safety.
• Alcohol must be maintained in a central designated serving area. Any beverage that comes in a glass bottle must be poured into a plastic cup for consumption, and glass must be retained at the central serving area. Only one beverage may be poured into the plastic cup at a time.

Bring Your Own Beverage Event

Hosts may allow their guests to bring their own beverages to an event, but are responsible for adhering to all policies and ensuring that their guests/visitors are also compliant.  Alcohol must be checked at the entry point to ensure it meets the 6% or less ABV requirement.  The alcohol being brought into the event may only be a “6-pack” or less. Beverages that do not meet these requirements are not permitted in the event.

Permit/Vendor or Trained Bartender Event

• Alcohol may be sold or provided by a third-party vendor under the terms of that vendor’s permit.  AVI, the University vendor, holds a D-5 Liquor permit that allows for the sale of spirituous liquor, beer, and wine until 2:30 a.m. This permit will allow for sale in the geographic area bordered by Sandusky Street to Washington Street, and Park Avenue to Spring Street.  Alcohol sold must adhere to the 6% or less ABV requirement. Students interested in having alcohol above the 6% ABV requirement should contact the Office of Student Integrity and Community Standards no less than 5 business days from their event to request approval.

• A student organization may apply for and obtain an F permit (a temporary liquor permit to sell or serve beer at special events). Contact the Office of Student Involvement for more information. The process for this option must be initiated at least 6-8 weeks in advance of the event. This would allow for beer sales at an event in a campus space outside of the boundary of the liquor license, such as Merrick Hall, University Hall, or Edwards Gym.

Small Social Gatherings with Alcohol

• Small social gatherings with alcohol may be held in residential rooms or a common space (excludes bathrooms, stairwells, storage/utility areas, laundry areas, and hallways) within a residential space.  This includes suite-style rooms that share a common room. Students may not have more than the following guests/visitors in their room/common space:

Only one small social gathering with alcohol can be taking place at a time in common living spaces (described above)in a single space or in contiguous spaces on the floor.  

Example:  There may be three common spaces inside a facility on two (2) different floors in 23 Williams Drive, but only one small social gathering with alcohol can be taking place in a single or in contiguous spaces on one floor in the building. 

Hosts of small social gatherings with alcohol must be of legal drinking age (21) and are responsible for what happens in their rooms and suites, as well as in the common areas where they are hosting a small social gathering with alcohol during the time the gathering is being held. 

The University reserves the right to revoke the privilege of hosting small social gatherings with alcohol for students due to violations of the Student Handbook.

Students are permitted to host “bring your own beverage” (“BYOB”) for small gatherings.  Residents of the space are responsible for ensuring that alcohol is only consumed by guests and/or visitors of legal drinking age.

Policy on Other Drugs

All students are prohibited from using, possessing, providing, or selling other (non-alcoholic) drugs as required by federal, state, and local law, including both illegal drugs and prescription drugs that are used illegally (e.g., possessing or using prescription drugs prescribed to another person or using prescription drugs in an altered form).

Paraphernalia used for illegal purposes is prohibited. The presence of scales or other tools of trafficking or supplying illegal drugs may be used as evidence of trafficking or supplying.

While Ohio has legalized the possession and use of marijuana for individuals over 21 at the state level, possession and use of marijuana remains a violation of federal law. Therefore, using, possessing, providing, or selling marijuana on campus at any age remains a violation of University policy due to federal regulations.

Students prescribed medical marijuana are not permitted to possess or use marijuana or other medical cannabis products on campus due to federal regulations.

Because the USDA states that hemp must contain less than .3% THC and University and local law enforcement are unable to test these products for their percentage of THC, any cannabis product or products that contain trace amounts of THC, including edibles, alternative cannabis products (i.e. tinctures, lotions/balms/transdermal patches, concentrates, etc.), vapes for use with cannabis oils, etc. are not permitted on campus.  

If University officials respond to the smell of marijuana being burned and the individual(s) appear intoxicated due to red eyes and other behaviors, the University may proceed with a violation of our drug policy and assume the substance was marijuana using a preponderance of the evidence.  By law, Ohio Wesleyan University is required to notify local police whenever evidence of illegal drug use, trafficking, or supplying is discovered on campus. This includes felony-level marijuana violations. The Delaware City Police Department may be contacted to assist with the confiscation and removal of a controlled substance.  This may result in charges being filed against the person(s) involved.

University Outcomes for Alcohol and Other Drug Violations

Students are responsible for activity that occurs within their room or suite.  All students found in violation of the University’s alcohol or illegal drug policies through the University conduct process will be subject to University outcomes through the student conduct process.  The Table of Outcomes outlines the possible sanctions for alcohol and illegal drug violations. Outcomes are intended to be educational in nature and will increase with multiple violations.

The Family Educational Rights and Privacy Act (FERPA) gives colleges and universities the ability to notify parents or legal guardians about violations committed by their children under certain circumstances.  OWU’s policy is to notify parents or legal guardians when any alcohol or drug violation creates a safety or welfare concern.

Federal, State, and Local Sanctions for Unlawful Possession or Distribution of Illegal Drugs and Alcohol

OWU observes all laws governing the sale, purchase, and serving of alcoholic beverages by all members of its community, and expects that these laws will be adhered to at all events associated with the University. This includes activities on the OWU campus and at off-campus functions sponsored by or supported by OWU or any of its affiliated groups.

The following information is provided as a general summary of the major applicable laws. Please keep in mind that laws frequently are amended and reinterpreted, that the application of law to specific situations generally requires an analysis of all facts and circumstances, and that this information, therefore, should not be substituted for specific legal advice. If you are charged with a crime it is important to seek the advice of an attorney.

Federal Penalties and Sanctions for Illegal Drug Offenses 

1. Federal law prohibits the trafficking and illegal possession of controlled substances as outlined in 21 United States Code, Sections 841 and 844.
2. Depending on the amount possessed, first offense maximum penalties for trafficking marijuana range from five years’ imprisonment with a $250,000 fine to imprisonment for life with a $10 million fine for an individual, and from five years imprisonment with a $1 million fine to imprisonment for life with a $50 million fine if not an individual. Also depending on the amount possessed, first offense maximum penalties for trafficking Class I and Class II controlled substances (methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl analogue) range from five years’ imprisonment with a $5 million fine to imprisonment for life with a $10 million fine for an individual, and from five years’ imprisonment with a $25 million fine to imprisonment for life with a $50 million fine if not an individual. First offense penalties for simple possession, 21 USC §844, range from at most one years’ imprisonment or at least a $1,000, fine or both; to at most 20 years’ imprisonment and a fine of at least a $1,000.
3. For the most current and complete information regarding Federal penalties for drug trafficking, visit the U.S. Drug Enforcement Administration Federal Trafficking Penalties. 

State Penalties and Sanctions for Alcohol and Illegal Drug Offenses

The criminal and traffic laws of the State of Ohio describe a wide range of alcohol and other drug offenses.  The following is a brief synopsis of select laws. 

1. Underage drinking: Ohio Revised Code (O.R.C.) 4301.63 provides that no person under the age of 21 shall purchase beer or intoxicating liquor. Penalty for violation: Violation of O.R.C. 4301.63 will result in a fine of not less than $25 but not more than $100. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and may specify the designated time in which the public work shall be completed.
2. False identification used to purchase alcohol for someone under 21: O.R.C. 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase, or as a gift. Penalty for violation: Violation of O.R.C. 4301.633 is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than six months and a fine not more than $1,000.
3. False identification used to purchase alcohol by someone under 21: O.R.C. 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning the same person’s name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the division of liquor control or sold by the division. Penalty for violation: Violation of O.R.C. 4301.634 is a misdemeanor of the first degree, punishable by up to six months imprisonment and fines up to $1,000. If a false or altered state identification card was used in commission of a violation of O.R.C. 4301.634, the punishment is a first degree misdemeanor with a fine of not less than $250 but not more than $1,000 and up to six months imprisonment.
4. Open container in a motor vehicle: O.R.C. 4301.64 prohibits the consumption of beer or intoxicating liquor in a motor vehicle. Penalty for violation: Violation of O.R.C. 4301.64 is a misdemeanor of the fourth degree punishable by up to 30 days in jail and a fine up to $250.
5. Furnishing or selling alcohol to someone under 21: O.R.C. 4301.69(A) prohibits any person from selling or furnishing beer or intoxicating liquor to an person under 21 years of age, or buying it for any person under the age of 21. Penalty for violation: Violation of O.R.C. 4301.69(A) is a misdemeanor punishable by a fine of at least $500 but not more than $1,000, and up to six months imprisonment.
6. Underage purchase, possession or consumption of alcohol: O.R.C. 4301.69(E) provides that no underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place or knowingly be under the influence of any beer or intoxicating liquor unless he or she is accompanied by a parent, spouse, or legal guardian who is not an underage person, or unless the beer or intoxicating liquor is given for religious purposes or by a physician for medical purposes. Penalty for violation: Violation of O.R.C. 4301.69(E) is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than six months and a fine up to $1,000.
7. Driving while intoxicated: O.R.C. 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol or drugs. Penalty for violation: A violation of O.R.C. Section 4511.19 is a misdemeanor of the first degree, the maximum penalty for which is a jail term of up to six months and a fine up to $1,000. The court may also impose additional fines, community rehabilitation or intervention programs, and suspend or revoke the offender’s driver’s license. Additional penalties exist for repeat offenders of O.R.C. 4511.19.
8. Selling or distributing illicit drugs: O.R.C. 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances. Penalty for violation: Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in O.R.C. 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include six to 12 months in jail and/or a fine up to $2,500. The maximum penalty for a first degree felony can include imprisonment up to 10 years and a fine up to $20,000.
9. Possessing or using illicit drugs: O.R.C. 2925.11 prohibits any person from knowingly obtaining, possessing, or using a controlled substance. Penalty for violation: Violation of O.R.C. 2925.11 is drug abuse, which may be a misdemeanor or a felony depending on the specific criteria set forth in  O.R.C. 2925.11(C), including type and weight of drug. The minimum penalty, a fourth degree misdemeanor, is punishable by imprisonment of up to 30 days and a fine up to $250. The maximum penalty, a first degree felony, is punishable by up to 10 years in prison and a fine up to $20,000.
10. A complete list of Ohio drug prohibitions can be found in Chapter 2925 of the Ohio Revised Code. 

Local Penalties and Sanctions for Alcohol and Illegal Drug Offenses

The codified ordinances of the City of Delaware, which apply to students, staff, and visitors while on campus or otherwise within the city limits, are modeled after and closely resemble the state criminal and traffic laws. The illicit possession, use, and distribution of drugs are prohibited and penalized by local (as well as by federal and state) law. Likewise, the illegal possession, use, sale, and purchase of alcohol is prohibited and carries criminal sanctions.