Student Alcohol Policy & Information (Student Section)

Alcohol

Approximately 85 percent of our residence hall population is not of legal age to purchase or drink alcoholic beverages. Further, abuse of College of Charleston property is usually directly related to excessive use of alcohol. Accordingly, the following restrictions apply: beer and wine are allowed in only “upper-class” residence halls and houses. There will be no alcoholic beverages allowed in Berry, Buist, College Lodge, Craig, McAlister, and McConnell Halls. Where allowed, alcoholic beverages must be in the private possession and control of the owner. Residential students are strongly encouraged to know the pertinent rules and regulations as outlined in The Guide to Residence Living.

Parental Notification Policy
The Family Educational Rights and Privacy Act (FERPA) permits an institution of higher education to disclose to parents or legal guardians the results of disciplinary hearings and actions if the student is less than 21 years of age and responsible for violating campus rules regarding the use or possession of alcohol or a controlled substance. Parents or guardians of students under the age of 21 will be notified of certain violations of College drug and alcohol policies.

Violations that occur within our residential system are not only violations of our community standards for students residing in housing but also our campus community standards and values. The College considers any violation of its alcohol policies to be a serious offense. The College will respond to all reported violations of this policy in accordance with the disciplinary procedures published in the Student Handbook or Guide to Residence Living.

Sanctions imposed for alcohol violations that occur within our residential system or off campus may be influenced, in part, by mitigating or aggravating circumstances.

Alcohol-Related Violations within the Residence Halls or On Campus

First Violation

• Be placed on residence life probation for a minimum of one semester.
• Have a parental/guardian notification letter sent concerning the violation.
• Participate in an alcohol risk reduction program at Counseling and Substance Abuse Services.

Failure to complete first offense sanctions may trip second violation sanctions.

Second Violation (Automatic referral to the Dean of Students Office)

• Be removed from residence life housing with full payment of the contract due.
• Be placed on disciplinary suspension from the College for a minimum of one semester.
• Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program.
• Have a parental/guardian notification letter sent concerning the violation.

Alcohol-Related, Noise and Public Disturbance Violations Off-Campus

First Violation

• Receive a warning from office of Student Affairs.
• Be required to complete a pre-approved alcohol risk reduction program on or off campus.

Failure to complete first offense sanctions may trip second violation sanctions.

Second Violation (Adjudication by Official/Honor Board/Panel.) Sanction may include, but not limited to:

• Be placed on deferred suspension for one year.
• Have a parental/guardian notification letter sent concerning the violation.
• Denial of on campus housing and other privileges.
• Attend a pre-approved comprehensive substance abuse assessment.

Failure to complete second offense sanction may trip third violation sanctions.

Third Violation (Adjudication by Honor Board/Panel.) Sanction may include, but not limited to:

• Be placed on disciplinary suspension from the College for a minimum of one semester.
• Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program.
• Have a parental/guardian notification letter sent concerning the violation.

South Carolina Scholarships – Hope, Life, Palmetto – and Violations of State Alcohol and Drug Laws
Students who have been adjudicated delinquent or have been convicted or pled guilty or nolo contendere to any South Carolina alcohol or other drug-related misdemeanor offense are ineligible for the scholarship for one academic year after the adjudication, conviction, or plea occurred. The student will lose eligibility the next academic year immediately following conviction and will lose the scholarship for the fall and spring terms.

Group (student organization and office-sponsored) Events
Group functions are conducted in compliance with South Carolina state alcoholic beverage laws and College of Charleston regulations. The policies are intended to discourage irresponsible use of alcoholic beverages and emphasize responsible drinking behavior, thereby minimizing the liabilities of the College of Charleston and of the sponsoring group. The complete policy pertaining to student organization and office-sponsored events can be found in the Student Handbook and in The Compass.

On-Campus Organization Sponsored Events with Alcohol
Group functions are conducted in compliance with South Carolina state alcoholic beverage laws and College of Charleston regulations. The policy is intended to discourage irresponsible use of alcoholic beverages and emphasize responsible drinking behavior, thereby minimizing the liabilities of the College and the sponsoring group. This policy is for beer and wine only. No distilled spirits are permitted at any College of Charleston function sponsored by students on the College of Charleston campus. The policy is written for all recognized student organizations and offices working with organizations at the College of Charleston.

Violation Responses for Student Organization Sponsored Events with Alcohol
The first person detected being in violation of campus, local alcohol or drug ordinances will be ticketed and removed from the event. The second person in violation will be ticketed, removed from the event and cause the event to be shut down.

First Violation

• Group is on social/event suspension for minimum of one month. The exact time period is to be determined by the Director of Student Life.
• Executive Board and risk manager must schedule and attend a meeting with Campus Substance Abuse Prevention Coordinator to develop a risk reduction plan.
• Social/event suspension remains in place until meeting and plan are completed.

Failure to comply with sanctions on the first offense will result in sanctioning as imposed under a second violation.

Second Violation

• Loss of campus privileges including access to the organization account for a minimum of three months, excluding summer months.
• Entire organization must attend a 6-hour alcohol risk reduction seminar (deadline to be set by the disciplinary administrator).
• Must pay a $500.00 fine to The Office of Student Life or plan an alcohol-free social event for the entire student body on a weekend.
• Letter of notification to be sent to the national organization, sponsoring agency or academic department.

Failure to comply with sanctions on the second offense will result in sanctioning as imposed under a third violation.

Third Violation
Suspension of recognition by the College for a time period consistent with the level of infraction up to a permanent suspension from the College of Charleston campus. This will be determined by the Director of Student Life in conjunction with the Dean of Students.

LAWS RELATED TO ALCOHOL USE AMONG YOUTH

NOTE: Likely actual fines (including court costs and administrative fees) are provided in parenthesis for many penalties. The information provided below is produced by the Department of Alcohol and Other Drug Abuse Services online at: http://www.daodas.state.sc.us/brochure_27laws.asp

Purchasing or possessing beer or wine if you are under the age of 21 (In instances where beer or wine is discovered in the presence of minors [e.g., at a party], but no one is holding the beverages and no one claims ownership, law enforcement in some jurisdictions have charged all those present with “constructive possession,” carrying the same penalties as for actual purchase or possession.)
A fine of $25 to $100 [$100 to $260]
Suspension of driver's license for 90 days for the first offense and six months for a second or subsequent offense
S.C. Code Ann. Sections 20-7-8920, 56-1-746

Purchasing or possessing liquor if you are under the age of 21 (See information above on "constructive possession.")
A fine of $100 to $200 [$260 to $465] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense and six months for a second or subsequent offense
S.C. Code Ann. Sections 20-7-8925, 56-1-746

Lying or providing false information about your age to purchase beer or wine
A fine of $50 to $200 [$150 to $465] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense and six months for a second or subsequent offense
S.C. Code Ann. Sections 61-4-60, 56-1-746

Lying or providing false information about your age to purchase liquor
A fine of $100 to $200 [$260 to $465] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense and six months for a second or subsequent offense
S.C. Code Ann. Sections 20-7-8925, 56-1-746

Possessing an altered or invalid driver's license or personal identification card
A fine of up to $200 [$465] or imprisonment for up to 30 days for the first offense and a fine of up to $500 [$1,090] or imprisonment for up to six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-510(1), 56-1-746

Lending a driver's license or personal identification card to any other person
A fine of up to $200 [$465] or imprisonment for up to 30 days and suspension of driver’s license for 90 days
A fine of up to $500 [$1,090] or imprisonment for up to six months and suspension of driver's license for six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-510(2), 56-1-746

Providing false information on an application to obtain a driver's license or personal identification card
A fine of up to $200 [$465] or imprisonment for up to 30 days and suspension of driver's license for 90 days
A fine of up to $500 [$1,090] or imprisonment for up to six months and suspension of driver's license for six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-510(5), 56-1-746

Altering a driver's license
A fine of up to $2,500 [$5,250] or imprisonment for up to six months - or both
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-515(1), 56-1-746
Selling or issuing a false driver's license
A fine of up to $2,500 [$5,250] or imprisonment for up to six months - or both
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-515(1), 56-1-746

Using someone else's driver's license or personal identification card
A fine of up to $100 [$260] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-515(2), (4), 56-1-746

Using an altered driver's license or identification card containing false information
A fine of up to $100 [$260] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 56-1-515(2), (4), 56-1-746

Giving beer, wine or liquor to anyone who is under the age of 21, including serving anyone in your home except your child or spouse
A fine of up to $200 [$465] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 61-4-90, 61-6-4070, 56-1-746

Selling beer, wine or liquor to anyone under the age of 21
A fine of $100 to $200 [$260 to $465] or imprisonment for 30 to 60 days - or both
S.C. Code Ann. Sections 61-6-4080, 61-4-50

Purchasing beer or wine for someone who cannot lawfully buy these beverages
A fine of $50 to $100 [$150 to $260] or imprisonment for up to 30 days
Suspension of driver's license for 90 days for the first offense, and six months for a second or subsequent offense
S.C. Code Ann. Sections 61-4-80, 56-1-746

Refusing to submit to testing to determine your blood alcohol concentration (BAC) level if you are under the age of 21
Suspension or denial of issuance of driver's license for six months or one year if you have been convicted of driving under the influence (DUI) or driving with a BAC of .02% or higher while under the age of 21, within the five years preceding the violation
Mandatory enrollment and completion of an Alcohol and Drug Safety Action Program (ADSAP) if license is suspended
S.C. Code Ann. Section 56-1-286

Driving a motor vehicle with a BAC of .02% or higher if you are under the age of 21
Suspension of driver's license for three months
Suspension of driver's license for six months if you have had a DUI conviction within the past five years
Mandatory enrollment and completion of an ADSAP if license is suspended
S.C. Code Ann. Section 56-1-286

Violating any alcohol-related laws if you are a student
Additional penalties (besides those cited previously) include:

• ineligibility for state-funded grants and/or scholarships (e.g., the LIFE Scholarship) for one year; and
• ineligibility for the refundable state individual income tax credit.
  S.C. Code Ann. Sections 59-149-90, 12-6-3385

LAWS RELATED TO ALCOHOL USE AMONG THE GENERAL POPULATION

NOTE: Likely actual fines (including court costs and administrative fees) are provided in colored italics for many penalties.

Having an open container of beer or wine in a moving vehicle of any kind, except in the trunk or luggage compartment
A fine of up to $100 [$260] or imprisonment for up to 30 days
S.C. Code Ann. Section 61-4-110

Having an open container of liquor anywhere except in a private residence, hotel or motel room, licensed minibottle establishment, the luggage compartment of a vehicle or a legally constituted private gathering
A fine of up to $100 [$260] or imprisonment for up to 30 days
S.C. Code Ann. Sections 61-6-2600, 61-6-4020, 61-6-4710

Being grossly intoxicated on any highway or at any public place or public gathering
A fine of up to $100 [$260] or imprisonment for up to 30 days
S.C. Code Ann. Section 16-17-530

Operating a motor vehicle while under the influence of alcohol. If you have a BAC of .08% or higher, it will be inferred that you were driving while under the influence of alcohol. A BAC that is at least .05% but less than .10% may be considered with other evidence to determine guilt or innocence.
A fine of up to $300 and/or imprisonment from 48 hours to 30 days and suspension of driver's license for six months for a first offense
A fine of $2,000 to $5,000 and imprisonment from 48 hours to one year and suspension of driver's license for one year for a second offense
A fine of $3,500 to $6,000 and imprisonment from 60 days to three years, and suspension of driver's license for two years for a third offense
Imprisonment from one to five years and permanent revocation of driver's license for a fourth or subsequent offense
If the third offense occurs within five years of the first offense, the driver's license is suspended for four years.
If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
Mandatory enrollment and completion of an ADSAP if license is suspended

A third or subsequent offense is considered a felony offense.

The name and address of any person whose license is suspended shall be released to the public.
S.C. Code Ann. Sections 56-5-2930, 56-5-2990, 56-5-2940, 56-5-3000, 56-5-6240, 56-5-2933

Driving a motor vehicle with a BAC of .15% or higher
Mandatory suspension of driver's license for 30 days
Suspension of driver's license for 60 days if you have had a prior DUI conviction within the past 10 years
S.C. Code Ann. Sections 56-5-2950, 56-5-2951

Refusing to submit to chemical testing to determine BAC
Suspension of driver's license for 90 days
Suspension of driver's license for 180 days if you have had a prior DUI conviction within the past 10 years
S.C. Code Ann. Section 56-5-2951

Driving a vehicle while under the influence of alcohol or other drugs and causing great bodily injury to any other person
Mandatory fine of $5,000 to $10,000 and imprisonment for 30 days to 15 years
This crime is considered a felony offense.
S.C. Code Ann. Section 56-5-2945

Driving a vehicle while under the influence of alcohol or other drugs and causing death to any other person
Mandatory fine of $10,000 to $25,000 and imprisonment for one to 25 years
This crime is considered a felony offense.
S.C. Code Ann. Section 56-5-2945

Commission of a felony DUI offense
Additional penalties (besides fines and imprisonment as identified above) include:

• ineligibility to vote until sentence is served (including probation and parole);
• may be denied entry into the armed forces or be restricted to certain jobs within the armed forces;
• ineligibility to work for a federal law enforcement agency;
• may be denied employment at federal or state agencies; and
• ineligibility to file/run for any state office until 15 years or more after the completion of sentence

S.C. Code Ann. Sections 7-5-170, 7-5-120, AETC 36-2002, AR-601-210 S.C. Const. Art. VI, §1, Art. III, §7

Consuming alcoholic liquor in a public conveyance
A fine of up to $100 [$260] or imprisonment for up to 30 days
S.C. Code Ann. Section 61-6-4720

Additional Consequences and Information
All convictions are placed in a permanent criminal record.  For underage drinking violations, offenses can be "stacked." In other words, a person charged and convicted of three separate offenses can receive all three fines or jail terms.  Individuals convicted of a first DUI offense are required to:

• show proof of financial responsibility to the South Carolina Department of Motor Vehicles (DMV), usually in the form of a guarantee of high-risk insurance coverage, for three years; and
• complete an Alcohol and Drug Safety Action Program before becoming eligible to apply to DMV for reinstatement of their driver's licenses.

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