1.05 ALCOHOL, TOBACCO, AND CONTROLLED SUBSTANCES

Effective: August 15, 2024

Purpose: To establish clear guidelines and regulations regarding the use, sale, and distribution of alcohol, tobacco, and controlled substances on campus. These policies aim to promote a safe, healthy, and respectful environment for students, faculty, staff, guests, and visitors.

Scope: This policy applies to the University campus wide.

Responsible Office: General University; President's Office

Policy Statement:

ALCOHOL

Emporia State University permits the service or consumption of alcoholic beverages on campus subject to specific guidelines. The sale of alcoholic beverages is generally prohibited except in designated areas and at certain events. In most instances, events serving alcohol must be by invitation only, attendees must be at least twenty-one (21) years old, and alcohol must be included in the event ticket price. Consumption of alcohol is permitted only in designated non-classroom areas. The President may authorize the sale or service of alcoholic beverages at any event on campus.

The University expects that all laws applicable to alcohol service and consumption shall be complied with at all University events and on all University controlled or owned property, including but not limited to the restriction that only persons twenty-one (21) years old and older are permitted to consume alcohol. Failure to abide by applicable laws or this policy will result in the loss of the privileges provided by this policy, and potential citations for violations of all applicable laws.

For purposes of this policy, “alcoholic beverages” includes all beverages which contain more than one-percent (1%) alcoholic content, unless otherwise specified herein.

Unless otherwise authorized by the University President, consumption of alcohol is permitted only in the following non-classroom areas and outside grounds immediately adjacent thereto:

• Plumb Hall (1st and 2nd floor lobbies and Presidential Office suite only)
• Visser Hall Atrium and Patio
• King Hall (Bruder Theatre lobby and Gilson Room only)
• Beach Hall Rotunda and Shepherd Music Center Rotunda
• Cremer Hall Lobby (Koch Lounge and Roe R. Cross Room)
• Hutchinson Family Pavilion
• Memorial Union
• Prophet Aquatic Outreach and Research Center
• Kossover Tennis Center
• Welch Stadium (including  private skyboxes)
• Trusler Sports Complex

Certain fundraising events benefitting the University programs may be conducted in conjunction with athletic events and concurrent with traditional tailgating activities in non-classroom outdoor areas designated and approved by the President. No authority is granted under this section for organizations, businesses, or individuals to serve beer as part of tailgate fundraisers.

Areas designated for fundraiser tailgate activities shall be marked prior to the event. Alcoholic beverages will not be possessed or consumed outside of the designated areas. This policy does not abrogate any alcohol policies, guidelines, or contractual restrictions applicable to the Hutchinson Family Pavilion.

The sale of alcohol is permitted in the Memorial Union pursuant to the policies of the Memorial Union.

Alcohol sold in Welch Stadium and in Trusler Sports Complex shall be sold at their concession locations by a University-approved third-party food service vendor that is a licensed seller of alcoholic beverages.

The following conditions apply to the sale of alcohol at University athletic events:

• Alcohol must be purchased only from the authorized third-party food service vendor in the stadiums.
• Alcohol cannot be brought into the stadiums and cannot be carried out of the stadiums.
• Persons consuming alcohol may do so in their seats or in common areas within the stadiums.
• Alcohol cannot be shared with anyone who is under twenty-one (21) years old.
• Alcohol sales will begin when concession sales begin at each athletic event. Alcohol sales at football games will end at the end of the third quarter. Alcohol sales at baseball and soft ball games will end at the end of the 6th inning.
• Individuals desiring to purchase and drink alcohol must wear a wristband, to be provided in the stadium, before they can purchase alcohol and at all times while they are consuming alcohol.
• Any advertising involving alcoholic beverages will be handled by the Athletic Department pursuant to existing advertising procedures.
• An individual can be refused the sale of alcohol, to include but not necessarily limited to: cannot verify their age as at least 21 years old, does not have a wristband, appears to be intoxicated, or acting inappropriately.

Individuals acting inappropriately, or who appear to be intoxicated, or who are intoxicated, may be removed from the stadium by security and/or University Police and Safety. Other and/or additional action may be taken based on the circumstances of an individual situation.

TOBACCO

The University prohibits the use of tobacco on campus. Tobacco use in university vehicles is prohibited, regardless of location. The following exceptions, which require prior approval, may exist:

• Tobacco use may be allowed on campus property for a medical, scientific, or research program, provided that tobacco use is an integral part of such program and the appropriate campus research oversight body has approved the inclusion of tobacco in the program pursuant to the applicable procedures for such medical, scientific, or research program.
• Permission to use tobacco may be authorized for educational, theatrical, or religious ceremonial purposes by either the Vice President of Academic Affairs or the University President.
• The President of the University may grant permission to use tobacco in exceptional circumstances.

The sale, advertising, or distribution of tobacco products and tobacco related items in all University facilities, University owned or operated residence halls, or all University owned or leased grounds is prohibited.

CONTROLLED SUBSTANCES

The University prohibits the unlawful manufacturing, distribution, possession, or use of controlled substances on University property by any person or organization. As a condition of employment, employees are required to notify the University of any drug-related convictions no later than five (5) days after such conviction. Violations may result in disciplinary action, up to and including termination.

Any officer or employee of the University, including student employees, found to be illegally manufacturing, distributing, dispensing, possessing or using controlled substances on University property, or property controlled by the University, regardless of the location, shall be subject to disciplinary action in accordance with applicable policies of the State of Kansas, the Board of Regents, and the University.

Violations of this policy may result in an employment action up to and including termination.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Controlled Substances - those substances included in Schedules I through V of section 202 of the Controlled Substances Act and as further defined by regulation 21 CFR 1300.11 through 1300.15 (a listing of controlled substances is maintained in Human Resources). The term does not include the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

Conviction - means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

Smoking - Lighting, burning, or use of tobacco in addition to any other material mentioned previously.

Tobacco - any product derived from, smoked, or containing products of tobacco. This includes, but is not limited to cigarettes (cloves, bidis, kreteks), chewing tobacco (spit, spitless, smokeless, chew, snuff, and snus), cigars and cigarillos, hookah and hookah- smoked products, pipes, blunts, smokeless tobacco, and similar products. Electronic cigarettes or e- cigarettes and any products simulating the previously mentioned products.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of General University procedures.

[Hyperlink to General University procedures]

Related Policy Information: More information including campus maps can be found at https://www.emporia.edu/campus-map/.

Related Policies for the Memorial Union

• The ESU Third Party Food Service Vendor holds the applicable liquor license for the service and/or sale of beer, wine and spirits and must provide the bartending service.
• All non-University events at which alcohol is served:
• Will be assessed a $100 charge.
• Will be required to pay for security staff for the duration of the event with the number of security personnel to be determined by the Chief of ESU Police.
• Will pay a refundable deposit of $250.00 to cover the costs of any damages or clean-up beyond that of normal use.
• The Memorial Union Corporation reserves the right to intervene, control, prohibit, or stop any event or activity it deems unlawful or hazardous to the health, safety, or security of its students, patrons, or clients, or may cause damage to the building or premises.
• Organizations may not use the Memorial Union building for the promotion of alcoholic beverages.

Related Policies for Breidenthal University House, Sauder Alumni Center, and Hutchinson Family Pavilion.

• For organizations or individuals desiring to serve alcohol in the Breidenthal University House or the Sauder Alumni Center, (1) events must be by invitation only; (2) those served must be at least 21 years of age; and (3) if alcohol is included in any manner in the price of the ticket for a reception, or dinner. The ESU Third Party Food Service Vendor must be utilized for service.
• Alcohol may be consumed during events in the Hutchinson Family Pavilion Skybox in conformity with University rules and all applicable laws. Alcoholic beverages possession and consumption is restricted to the Skybox area and such beverages are not permitted to be consumed or possessed in other areas of the Hutchinson Family Pavilion.