The University of Tulsa’s Alcohol and Drug Policy

The University of Tulsa is an educational community dedicated to maintaining a healthy and safe community that reflects high standards of academic excellence and responsible social behavior.

Alcohol: The law states that the legal minimum age for the consumption of alcoholic beverages is 21 years.Thus it is a violation of the law and this policy for anyone under the age of 21 years to possess or consume alcoholic beverages. It is also a violation of the law and this policy for anyone of any age to provide alcoholic beverages to someone under the age of 21 years.

Drugs: Possession and/or use of any Federally Illegal Drug, or any possession or use of any prescription drug or other controlled substance except under the direction of a licensed physician. Marijuana, including Medical Marijuana, is prohibited on campus in all circumstances.

Intent

The University of Tulsa’s Alcohol & Drug Policy, like other standards of conduct, is applicable to the University community, intending to further the educational mission of the University. The University is committed to the welfare of its students, faculty, staff, and the surrounding community.

  1. When individuals misuse alcohol and/or drugs, academic performance, health, personal relationships, and safety are compromised.
  2. The University’s Alcohol & Drug Policy has been created in the spirit of emphasizing individual and shared responsibility, healthy and informed decision‐making, and maintaining a caring environment – including providing medical and therapeutic responses to individuals with alcohol and/or drug‐related concerns.
  3. The University neither encourages nor condones the legal consumption of alcoholic beverages but recognizes that such legal consumption occurs in a campus environment in which the majority of undergraduate students are below the legal drinking age.
  4. It is for these reasons that a University‐wide commitment to alcohol education prevails and why members of the University community are assured that the absence of alcoholic beverages from social events is an acceptable practice.
  5. This document will be distributed in writing once per year to all students, faculty, and staff. The document will include:
    1. Standards of conduct
    2. A description of sanctions for violating federal, state, and local law and campus policy
    3. A description of health risks
    4. A description of treatment options
  6. This policy will be reviewed every two years (a biennial review on even-numbered years) by a committee of students, faculty, and staff, chaired by a representative of the Dean of Students office.
Educational Initiatives

The abuse of, and dependency upon, alcoholic beverages are issues of concern to the TU community as well as society at large. To this end, education becomes the responsibility of the entire campus community and includes an individual’s peers and any organization sponsoring an event where alcoholic beverages are served. In addition, any sponsoring organization that intends to conduct events where alcoholic beverages will be consumed will be required to register the event (following University procedures) in advance and:

  1. All executive officers of any/each organization must attend the following prior to registering an event:
    1. Alcohol awareness training
    2. Bringing in the Bystander training
  2. Plan and conduct a University‐approved alcohol education seminar for its entire membership once a year. Failure to comply with this policy will result in the inability to host events where alcohol is served.
  3. All freshman students will take an on-line Drug & Alcohol Education Program either prior to/or during Orientation or during a Freshman Year Experience class.
  4. All students who violate the Drug & Alcohol Policy at the University of Tulsa will be subject to sanctions that may include viewing the on-line education program as directed by The Office of Student Affairs.
Individual and Organizational Behavioral Expectations
  1. Decisions about the use of alcohol are the responsibility of the individual (consuming and/or the decision not to consume alcohol) within the constraints of the federal and state law and University policy.
  2. When one chooses not to use alcohol, that position should be honored. Peer or organizational pressure should never be exerted to cause one to do otherwise.
  3. Those of legal age who choose to consume alcohol are expected to do so in a low risk, healthy lifestyle manner.
  4. Practicing the following behaviors will reduce one’s risks (academic, social, physical, legal, and personal) related to alcohol use:
    1. Choosing not to abuse alcohol and being supportive of others who choose not to use alcohol.
    2. Drinking alcohol only when one is of legal age.
    3. Deciding before going out whether to drink. If deciding to drink, choosing not to exceed the amount of alcohol that is low risk.
    4. Always knowing what one is drinking.
    5. Eating a full meal before drinking.
    6. Never drinking alcohol to get a head start (pre‐game) before attending an event.
    7. Having a plan of how to get home safely.
Policy on University Events Where Alcohol is Present

All student organizations, students, and employees at The University of Tulsa and their guests are responsible for following The University of Tulsa’s Alcohol Policy and state and federal laws regarding the possession and use of alcoholic beverages. Consumption of alcohol is prohibited on University premises except as authorized by this policy.

Sale of alcoholic beverages:

The sale of alcoholic beverages on campus is prohibited, except for sales in the Hurricane Hut 2 (Allen Chapman Student Union) or in other locations as permitted by The University’s license. Alcohol purchased in the Hurricane Hut 2 must be consumed in the Hurricane Hut 2 or its adjoining outdoor patio.

Registration of events with alcohol:

  1. All events where alcoholic beverages are to be consumed, whether held on or off the campus, are to be properly registered at least seven (7) days prior to the event on The University of Tulsa’s Alcohol Event Registration Form. The form is available online through the TU Portal Student Affairs: Event Registration Form
  2. Parties and events confined to the individual residences of students, 21 years of age or older, that do not affect the immediate environs or the larger community, need not be registered. However, only students and guests 21 years of age and older may possess and/or consume any alcoholic beverage, and must adhere to occupancy limits.
  3. Events at which alcoholic beverages are present must be held between the hours of noon and 2:00 am. No event shall be more than four hours in length.
  4. For more detailed information on the policy for residence halls, see the on‐line version of the “Guide to Living on Campus.”
Approved Locations for Registered Alcohol Events

When an event has been properly registered, beer and wine may be consumed, but not sold, in the following locations:

The Great Hall, and the outdoor patios and surrounding areas of the Allen Chapman Student Union, Collins Hall, Residence Halls, Fraternity Houses, Harwell Field, Chapman Commons, Deitler Commons, the Law School, and surrounding areas designated locations in H.A. Chapman Stadium, the Reynolds Center, Thomas Plaza, and Chapman Plaza, and other locations by special petition to the Dean of Students in the Office of Student Affairs.

Proof of Age and Consumption
  1. At all events where alcohol is consumed, whether served or sold, legal proof of age must be presented to those in charge of the event and/or alcohol distribution. Although legal drinking age is 21 (Federal and State Law), the University will not tolerate the abuse of alcohol, and unacceptable conduct that may result from alcohol consumption by any person of drinking age.
  2. University officials reserve the right to deny admission, alcohol service, or continued attendance at a University event to anyone who, in the judgment of the officials, is intoxicated.
  3. Oklahoma’s Social Host Law will be in effect on the University of Tulsa Campus and all university events in the state of Oklahoma (see Event Security section)
Publicity and Sponsorship

Publicity for events must focus on the purpose of the event, the sponsoring organization and The University, and must not highlight the availability of alcoholic beverages at the event. Therefore:

  1. Terms that relate to alcohol or its imagery are prohibited for use in publicity. The use of Alumni and University social websites (e.g., Facebook, etc.) as a means of publicizing an event is prohibited.
  2. The Dean or Assistant Dean of Students, in the Office of Student Affairs, must approve all printed event publicity.
  3. Events designated for “Invited Guest Only” may not be publicized.
  4. Any publicity to be posted in the Residence Halls must be pre‐approved by the Director of Residence Life.
  5. In support of the academic atmosphere of the institution, no marketing on Facebook or other social media and program sponsorship can come from distributors of alcoholic products. This includes promotions or distribution of free gifts or products (food, beverages, etc).
Event Security

Responsibility of Organization Officers

  1. It is the position of The University of Tulsa, as stated in University Policies & Procedures, that Registered Student Organization members designated as “hosts” (as stated in the Oklahoma Social Host Law) may be held accountable for violations in the planning and administration of their organizations’ parties and other events including felony charges associated with Oklahoma’s Social Host Law (as featured below).

Organization “hosts” and/or Officers are responsible for:

  1. Promoting an orderly atmosphere, providing for the welfare and safety of guests, and
  2. Ensuring adherence to The University of Tulsa’s Alcohol and Drug Policy, as well as other policies which may apply.
  3. Organization “hosts” are to be particularly vigilant in ensuring that all organization members comply with University guidelines regarding proof of age identification and excessive consumption of alcohol.
  4. The organization(s) and/or their “hosts” may be held accountable for any violations of the Student Organization Security Procedures in this policy.

Oklahoma’s Social Host Law

Social Host: Any person who provides the location for people under 21 to drink alcohol.

  1. Who is a Social Host?
    Oklahoma’s Social Host law puts a shared responsibility for underage drinking on the person providing the location for the gathering. Adults or minors can be cited and fined under the Social Host law.
  2. Property Owners are Accountable.
    If people under 21 are gathered and drinking on private property, the person(s) who provides the location is considered the Social Host, and will be held accountable.
  3. Accountability Goes Beyond the Party.
    A “Social Host” can be a minor or adult and does not have to be physically present or the actual property owner.
  4. Fines.
    Social Host violations carry a first‐time fine of up to $500.
  5. Adults and Minors are Accountable.
    If someone is injured or killed because of a Social Host violation, the Host can be charged with a felony, punishable by up to 5 years in prison and a fine up to $2,500.
  6. Repeat Offenders can go to Prison.
    Fines increase with additional violations – three strikes gets you a felony conviction with up to 5 years in prison and a fine up to $2,500.

Those hosting events where alcohol is served with injury or death as a result of alcohol use at the event can be charged with a felony.

Event Security

  1. Responsibility of Security Officer(s)
    1. Campus Security Officers will be available to assist student leaders/hosts/responsible parties in the fulfillment of their responsibilities, should they encounter student conduct problems.
    2. At any registered event where alcohol is consumed, at least one University‐approved Campus Security Officer (based on attendance) must be present.
    3. One Security Officer will be stationed at the front door to check IDs and assist assigned organization members in identifying students and or guests not to be admitted to the event.
    4. Campus Security will not randomly patrol the event.
    5. When an event has more than 100 people present, additional security is required. One Tulsa Police Officer, one Campus Security officer, one T‐Shirt Security staff member, and four (4) organization officers are required. The responsible parties must make these arrangements at least seven (7) days prior to the event by contacting the Director of Campus Security.
    6. The Director of Campus Security has the discretion to “waive” security requirements regarding the number of security officers required.
  2. Responsibility Regarding Damages
    1. If damage to property occurs at any event where alcohol is consumed, the direct cost of repair may be passed on to the sponsoring organization. Additionally, the University may elect to proceed with disciplinary measures.
    2. The determination in these matters will be handled by the appropriate supervisor of the facility.
    3. Any discrepancies or appeals of assessed damages may be referred to the Dean of Students.
    4. Until such time that damage claims have been resolved, the organization shall not be able to sponsor/hold any social event on campus.
  3. Guest Procedures
    1. Student organizations that sponsor registered events where alcoholic beverages are consumed may have only TU students and invited guests in attendance.
    2. TU students must present a valid TU identification card or other form of photo I.D. showing date of birth to gain admission to the event.
    3. Invited guests must present a valid driver’s license to gain admission to an event. Further, student organizations are urged to extend written invitations and/or closed social media event/group with invited guests to those whom they wish to attend the event.
  4. Fire Code and Occupancy Requirements
    Campus organizations must also abide by Fire Code regulations regarding the posting of Occupancy Load signs in designated areas. Organization officers are responsible for ensuring that appropriate personnel will monitor the number of people in designated areas so as not to exceed posted occupancy load.
  5. Consumption in Student Residences
    Students and their guest(s) who are 21 or older may consume any form of alcoholic beverage in the privacy of their individual student residence (including apartment or fraternity house only in their room).
  6. Prohibition Regarding Single‐Source Containers
    Single source containers including, but not limited to, kegs or “beer balls” are never permitted in any student residence or at any registered student event.
  7. Providing Non‐Alcoholic Beverages and Food
    At any registered event where alcoholic beverages are present, the sponsoring organization must provide complimentary non‐alcoholic beverages in sufficient quantity to meet the needs of those attending. In addition, a variety of complimentary, non‐salty food must be available to meet the needs of all guests throughout the duration of the event.
Administration of Alcohol Policy
  1. Definitions:
    1. Alcohol‐Related Incident: defined as any situation that is both reported by a third party or occurring in public and verified subsequently by University Campus Security or other enforcement agency (i.e. Tulsa Police) with results in an official report to the administration.
    2. Alcohol and Alcoholic Beverages: defined as any consumed beverage that has alcohol content. This would include, but is not limited to, all forms of beer, wine, wine coolers, and distilled beverages.
    3. Responsible Party or Sponsoring Party: defined as those (must be 21 years of age or older) who sign the Alcohol Registration Form for events where alcoholic beverages are present. The sponsoring signatories and those who choose to attend events where alcoholic beverages are present and consumed must assume full legal responsibility and liability for the consequences of their actions and the actions of their guests. The University (Dean of Students Office or Designee) will proceed with appropriate conduct proceedings or administrative action whenever a breach of this policy occurs. (Students, faculty, and staff should refer to the University Student Code of Conduct regarding conduct procedures pertaining to students.)
  2. Jurisdiction and Violations
    Violations of the Alcohol Policy will be reviewed under the provisions of the TU Student Conduct Code. The Alcohol Policy shall apply to every function or event, including but not limited to receptions, banquets, dinners, picnics, any outdoor event, and/or campus‐wide activity sponsored by student organizations, offices, departments, individuals associated with TU, or outside guests sponsoring an event on campus. In addition, other off‐campus TU events that imply or express University affiliation are bound by this policy. This policy is in effect during all periods of the year including summer months.

    1. Imposition of sanctions (other than Disciplinary Probation) shall not be assessed for any violation that fails to result in an incident report. Routine safety checks of Residence Hall rooms and apartments will not be subject to above listed sanctions. Alcohol found in possession (including being in the room) of anyone under the legal drinking age (21 years), will be confiscated.
    2. Student Organizations may also be held responsible for violations of the TU Student Code of Conduct.
  3. Alcohol, Abuse, Intoxication, and Intervention
    Students and/or organizations demonstrating abuse, intoxication, dependency, or disregard of this policy may be subject to University discipline and/or removal from the University setting and will be referred to appropriate University or community services for assistance.
  4. Accountability
    The registration of any event at which alcohol will be available, will require the signature of two members (over 21 years old) of the student organization. The two signatories are responsible for ensuring that all University policies regarding alcohol are followed. In the event an incident related to a violation of this policy, the signatories will be held accountable and will be subject to the appropriate sanctions/penalties.
Sanctions Pertaining to Individual Students

(Found responsible for violating any alcohol and/or drug related policy)

Alcohol and/or Drug Related Incident: Any alcohol and/or drug related incident which results in an official incident report being forwarded to the administration (Dean of Students or Designee). A violation of the Alcohol/Drug policy will subject the student(s) to the following disciplinary sanctions:

  1. First Offense – The first Alcohol/Drug Incident in an academic year will result in:
    1. An on‐line alcohol or drug assessment.
    2. 45 hours of community service to be completed within 15 academic weeks, not linked to living group/organization community service requirement.
    3. Parents of students under the age of 21 years may be notified by a letter (at the discretion of Dean of Students, Assistant Dean of Students, or Hearing Officer).
    4. Written attestation of understanding of the penalties for a second, third offense of this policy.
  2. Second Offense –The second Alcohol/Drug Incident or in an academic year will result in:
    1. $500 fine
    2. 90 hours of community service to be completed within 15 academic weeks, not linked to any living group/organization community service requirement.
    3. One (1) calendar year of disciplinary probation from date of hearing.
    4. As authorized by law, the Dean of Students may notify parents or legal guardians when students under the age of 21 years are found to have committed serious or repeated violations of federal, state, or local law, or University policies related to the possession, use, or distribution of alcohol or a controlled substance.
  3. Third Offense – The third Alcohol/Drug Incident violation at any time while a student at The University of Tulsa:
    1. Suspension from the University for the remainder of the semester that the violation occurs (the suspension may extend to the following semester if the violation occurs late in the semester at the Dean of Student’s or Designee’s discretion).
    2. As authorized by law, the Dean of Students may notify parents or legal guardians when students under the age of 21 years are found to have committed serious or repeated violations of federal, state, or local law, or University policies related to the possession, use, or distribution of alcohol or a controlled substance.
    3. Any student under the age of 21 years and in possession of alcohol/drugs is required to disclose the name of the individual who provided the alcohol/drugs. Failure to comply may result in additional sanctions.
  4. Fourth Offense ‐ The fourth Alcohol/Drug Incident that occurs at any time while a student at the University of Tulsa: Expulsion from the University.

Violations by University personnel of this policy will be addressed through the appropriate administrative channels.

Security and Event Procedures

Student Organization Event Security Procedures

  1. Campus Security Officers are responsible for assisting student leaders or responsible parties should they encounter student conduct problems in fulfillment of these procedures.
  2. At events where Campus Security Officers are present, designated “hosts/signatories” are expected to work cooperatively with the Officers throughout the event to ensure compliance with University Policies and Procedures.
  3. The host Student Organization will procure and pay for any and all security through The University of Tulsa Department of Campus Security in accordance with the guidelines listed in the campus Alcohol/Drug policy. The event coordinator must contact the Campus Security at least seven (7) days in advance to arrange for University‐approved security staff.
    1. However, if those signing the document hire an approved third‐party to ensure that the University Alcohol and Drug Policy is followed, then the third party may be held responsible for any violations of the alcohol policy, in addition to the student organization.
    2. The third‐party security must be approved by Campus Security and must be aware that they may be held legally responsible for any incidents involving any violation of this policy. Campus Security is responsible for signing off.
  4. Campus Security will assist individuals responsible for governing admission to events.
    1. During the event, an on‐duty TU Campus Security Officer will be present at the house (front door area) to check IDs and to work with organization leadership.
    2. Organization Representative should be at least 21 years old, however an organization officer (under 21 years old, [excluding freshman]) may be stationed at the door with prior approval by the Director of Greek Life or the Dean of Students/Designee.
    3. Campus Security Officers will not randomly patrol through the event without cause. Should a violation occur, security will alert organization leadership and/or signatories and allow them to deal with the situation. Should the behavior continue, Campus Security Officers are authorized to intervene as appropriate.
    4. Campus Security Officers will be present to provide the visibility required to handle a crowd and to be easily contacted should their assistance be needed.
    5. Campus Security Officers will be on the premises to preserve the safety of the participants, performers, building, and University property.
  5. An off‐duty Tulsa Police Department Officer will provide event security outside the event but may respond inside if a need arises. Event organizers are expected to fully cooperate with officers and will not delay any request for access or emergency response.
  6. Events hosted in a Fraternity House shall be restricted to the first floor of the house. Members and guests on the guest list may not venture to any other part of the house during the event.
  7. Host Fraternity members will meet with Campus Security Officers at least three (3) days prior to the event. This will allow Campus Security Officers to be informed about the nature of the event and provide a contact person should any problems arise.
  8. Campus Security Officers will arrive approximately 10 minutes before the event and will stay until the crowd has dispersed. Compensation will be handled according to the agreement with the Director of Campus Security. The parking lot and adjacent properties will also be checked following the event to determine whether groups have gathered which could be considered a problem.
  9. For events in Allen Chapman Student Union (ACSU) sufficient security must be in place to enforce this policy. No alcoholic beverages can be brought into the building.
  10. If third party Security fails to arrive or is only available in insufficient numbers, the student or responsible party in charge should immediately contact Campus Security at 918‐631‐5555, or from the courtesy phone located at the Campus Security Office to request additional security. If adequate security is not available the event must be canceled.
  11. Emergency matters which require fire, police, or ambulance services must be coordinated with Campus Security personnel assigned to the event.
Fraternity Event Alcohol Procedures

Fraternities must follow the above guidelines as well as the following additional regulations:

  1. Guest List
    1. Parties — those activities where alcohol is present and have unrestricted access by non‐members of the fraternity — are prohibited. Thus, all guests must be on the guest list for an event. If social websites are used as a means to invite guests (keeping in mind that they may not be used to publicize the event to those not invited), written invitations must be sent only to those individuals indicated on the official guest list. These events will not be publicized and flyers with “Invited Guests Only” and “I.G.O.” are prohibited.
    2. All people on the guest list must be 18 years of age or older and a student of The University of Tulsa or an invited guest.
    3. The tentative guest list may exceed the capacity of the chapter house by no more than 100 people. At no time should the number of people in the chapter house exceed the designated capacity as determined by the fire marshal or the occupancy load posted in the Fraternity House. Chapters must also comply with their fraternity’s risk management policy. Once capacity has been reached, a “one out / one in” admission plan may be enacted and monitored by front door Campus Security Officer(s).
    4. The tentative guest list must be presented/emailed to the Director of Greek Life at least two (2) days in advance of the event and entered into a spreadsheet database computer program so that an alphabetized list can be generated.
    5. Modifications to the guest list may be made at the event.
    6. Admission to a registered function shall be by the guest list at the door only and all who are admitted will initial next to their name, on the guest list.
    7. The resulting initialed list of actual attendees will be turned in by the second day of class following the event to the Office of Student Affairs/Director of Greek Life.
  2. Alcohol
    1. The possession, use, and/or consumption of alcoholic beverages, while on chapter premises, during an official registered fraternity event, or in any situation sponsored or endorsed by the chapter, must be in compliance with any and all applicable laws of the state, county, city, and policies of the University.
    2. No member shall permit, tolerate, encourage or participate in “drinking games” at a fraternity sponsored event.
    3. Beverages, both alcoholic and non‐alcoholic, must be consumed from their original containers. The chapter must provide an adequate supply of cold, non‐alcoholic beverages for event attendees. Beverages must be in original single‐serving‐size containers. Plastic and/or paper cups are prohibited.
    4. Alcoholic beverages at a chapter house event are limited to 6.0 beer, wine, and wine coolers (less than 13.5 % alcohol content). As with the beer requirement, wine, and wine coolers must be in original single serving size containers. Drinks containing liquor are prohibited.
    5. Each chapter member 21 years of age or older is limited to bringing one six‐pack of 12‐ounce cans of beer or one six‐ or four‐pack of wine/wine coolers per guest over 21 years old whose name is on the guest list to an event. Glass containers of any kind are prohibited.
    6. At the event, all alcohol must be stored in a central location, monitored, and distributed by a responsible chapter member who is 21 years of age or older.
  3. Alcohol Distribution (at approved Student Organization Alcohol Events)
    1. The Office of Student Affairs will provide two different colored sets of wristbands for the event. These wristbands will be distributed by the Campus Security Officer at the door. One color will be distributed to individuals who are 21 years of age or older and the other color will be distributed to individuals who are not yet 21 years of age.
    2. Alcoholic beverages will then be checked in at a beverage station. Alcohol will be located at one central location (and identified to Campus Security Officers before the event) and be monitored by a responsible member (21 years old or older) of the organization.
    3. The persons serving the beverages will be responsible for checking wristbands and punching the wristbands as beverages are retrieved. The person responsible for distributing the alcohol must be 21 years of age or older. d.Individuals must present their wristband each time they retrieve an alcoholic beverage.
  4. Violation of this Policy (by Student Organizations) A violation of the above alcohol/drug policies (within an academic year) may result in the following:
    1. First offense: No more parties for the remainder of the academic year (and/or extended to the next semester if the violation occurs late in the spring semester.)
    2. Second offense: Revoking of the organization’s charter at The University of Tulsa.
Parental Notification Policy for Alcohol and Other Drug Violations

The Higher Education Amendments of 1998 (P.L. 105‐244‐Sec.952) permit educational institutions to disclose to the parents or legal guardians of a student information regarding the student’s violation of any federal, state, or local law or any rule or policy of an institution governing the use or possession of alcohol or a controlled substance, if the student is under the age of 21 years and the institution determines the student has committed a disciplinary violation with respect to such use or possession.The Dean of Student Affairs has the authority to determine when and by what means to notify parents or legal guardians when students under the age of 21 years are found to have committed serious or repeated violations of University policies related to the possession, use, or distribution of alcohol or drugs. The Dean of Student Affairs will follow the guidelines listed below in determining whether to notify a student’s parent(s) or legal guardian(s).

Notification of parents or legal guardians is indicated when:

  1. The violation involved harm or threat of harm to persons or property.
  2. The violation involved an arrest in which the student was taken into custody.
  3. The violation resulted in, or could result in, the student being suspended from the University and/or dismissed from Residence Halls.
  4. The student has shown a pattern of violations—even if they are minor. Two or more violations associated with drug or alcohol use would be reasonable cause for notice.
  5. The student who committed the violation became physically ill and/or required medical intervention as a result of consumption of alcohol and/or drugs.
Medical Alcohol Amnesty Policy

Purpose

The purpose of the policy is to facilitate, access, and remove barriers to students who require medical assistance in alcohol‐related emergencies, and to provide the opportunity for caring, non‐punitive interventions in response to such incidents.

The Medical Alcohol Amnesty Policy (MAAP) is a key component of The University of Tulsa’s comprehensive approach to reducing the harmful consequences caused by the excessive consumption of alcohol. The MAAP represents the University’s commitment to informed decision ‐ making and promotion of responsible behaviors when faced with alcohol‐related emergencies. In order to achieve these goals, the MAAP mandates that discretion be exercised, as permitted under The University of Tulsa’s Student Code of Conduct, as follows:

  1. Person In Need of Medical Attention
    The policy may apply when a student receives emergency medical assistance that is related to the consumption of alcohol and sought by a person not serving in an official University capacity.The student will not have a complaint filed or be sanctioned for violations of the University Alcohol and Drug Policy. Students receiving medical assistance in compliance with this policy shall not be referred for a student conduct hearing for a violation of the Alcohol Policy solely related to the possession, consumption, or supplying of alcohol. The student will be required to consult with the Dean or the Assistant Dean of Students and may be required to participate in an appropriate educational program.Nothing in this policy shall prevent an individual, who is obligated by federal, state, or local law, or University policy, practice, or procedure, from reporting, or taking other action related to, the possible criminal prosecution of any student.
  2. Other Individuals Present Students who seek emergency assistance on behalf of persons experiencing alcohol‐related emergencies will not have a complaint filed or be sanctioned for violations of University alcohol‐related policies. Students seeking assistance in compliance with this policy shall not be referred for disciplinary action solely related to the possession, consumption or supplying of alcohol.Students may be required to consult with the Dean or the Assistant Dean of Students and may be required to participate in an appropriate educational program depending upon their involvement in the situation. Participation in any program as a result of this policy shall not be noted on the student’s conduct record.

No individual may receive amnesty under this section more than once in a two‐year period.Records of all requests for assistance under this policy shall be maintained by the Office of Student Affairs. Participation in any program as a result of this policy shall not be noted on the student’s conduct record. In the event an individual who previously utilized the MAAP policy is involved in a subsequent alcohol‐related incident, this incident and any resulting sanctions shall be treated as an alleged second offense.

Drug‐Free Schools and Communities Act Policy

The University of Tulsa, through compliance with the requirements of the Drug‐Free Schools and Communities Act of 1990, forbids the use of illegal drugs and controlled substances. This policy covers all full‐time, part‐time, regular, or temporary students and employees. The policy governs use and possession of alcoholic beverages of any kind and all controlled substances and illegal drugs. Student involvement in such activities is considered gross misconduct and, therefore, is subject to disciplinary action, up to and including immediate dismissal.

This policy was adopted by The University of Tulsa on September 5, 1990, and stands in addition to all other existing drug policies, including those for athletes and employees.

    1. General Policy
      At a time when our society faces enormous substance abuse problems, our purpose in developing this policy is to provide a drug‐free environment for all University of Tulsa students, faculty, and staff. This policy covers all full‐time, part‐time, regular, or temporary students and employees, and represents The University of Tulsa’s efforts to achieve compliance as a federal contractor with the Drug‐Free Schools and Communities Act of 1990. The following substances are covered by this policy:

      1. Alcoholic beverages of any kind.
      2. Controlled substances and illegal drugs, which include all forms of narcotics, hallucinogens, depressants, stimulants, and other drugs, the use, possession, or transfer of which is restricted or prohibited by law.
    2. Activities Prohibited by The University of Tulsa The University of Tulsa prohibits employees and students from taking part in the following activities while on University premises or on University business. Employee or student involvement in such activities is considered gross misconduct and is therefore subject to disciplinary action up to and including immediate dismissal. Prohibited activities are as follows:
      1. Possession and/or distribution of marijuana.
      2. Possession and/or distribution of other drugs.
      3. Possession and consumption of alcoholic beverages by anyone under 21 years of age.
      4. The consumption of alcoholic beverages on campus except as authorized by University policy.
    3. Legal Sanctions
      Federal and state laws impose grave penalties on those who illegally possess, use, or distribute drugs or alcohol. The major penalties may be summarized as follows:

      1. Possession of marijuana
        1. Minimum Penalty/Imprisonment $1,000 or 15 days-1 year
        2. Maximum Penalty/Imprisonment 10 years
      2. Possession of other drugs
        1. Minimum Penalty/Imprisonment $1,000 or 15 days-1 year
        2. Maximum Penalty/Imprisonment 20 years
      3. Distribution of marijuana
        1. Minimum Penalty/Imprisonment $25,000 or 4 years-life
        2. Maximum Penalty/Imprisonment $4000 and life without parole
      4. Distribution of other drugs
        1. Minimum Penalty/Imprisonment $25,000 (28 gm cocaine, 5 gm cocaine base, 10 gm heroin); add 10 years minimum for amphetamines, $50,000 ‐ 100,000 for 1 gm LSD, $20,000 ‐ $50,000 for PCP
        2. Maximum Penalty/Imprisonment $8,000,000 and mandatory life without parole
      5. Possession of liquor containing more than 3.2% alcohol by anyone under 21 years of age
        1. Minimum Penalty/Imprisonment $0‐100 or 0‐30 days
        2. Maximum Penalty/Imprisonment $100 and 30 days
      6. Possession of liquor containing less than 3.2% alcohol by any‐one under 21 years of age
        1. Minimum Penalty/Imprisonment $0‐100 or 20 hours of community service
        2. Maximum Penalty/Imprisonment $100 and 30 days
      7. Furnishing anyone under 21 years of age with liquor containing over 3.2% alcohol
        1. Minimum Penalty/Imprisonment $2,500 or 0‐5 years
        2. Minimum Penalty/Imprisonment $5,000 and 5 years

      Penalties may escalate sharply between the minimums and maximums described, depending on the quantities of drugs involved and whether the individual has had a previous conviction. Also, minimum penalties vary, depending on the court in which a case is tried. Those listed above are the lesser of the state or federal penalties; thus, a higher minimum penalty may be levied depending on whether the case falls under the jurisdiction of a federal or a state court. Also, Congress or the Oklahoma Legislature may change the penalties described herein after the date of this policy.

      In addition to the criminal penalties described above, a member of the University community may become liable for personal injuries or property damage that occur because he/she illegally sells or, in some instances, furnishes illegal drugs or alcohol to someone else. This liability may include liability for injuries or death to the person to whom the drugs or alcohol are given or sold, and may also include liability to third persons who are injured or suffer property damage because of the actions of the person to whom the drugs or alcohol have been given or sold.

    4. Health Risks
      It is important to understand the very serious risks incurred through the use of drugs or the abuse of alcohol. These risks include addiction to or dependency upon the substance; memory loss; liver and kidney failure; malignancies of the liver and kidneys; personal injuries while under the influence, infectious diseases including AIDS (if needles or other drug delivery devices are shared); injuries to the immune system; heart damage; changes in weight; loss of ability to concentrate or reason; personality changes; insanity; temporary loss of or heightened sensations; hallucinations; delusions; depression; inability to sleep or to remain awake; loss of judgment; and death. The use of drugs or alcohol before or during pregnancy or nursing can lead to severe birth defects or death to the children involved.
    5. Available Counseling and Rehabilitation Various treatment options, both on and off campus, are available to members of the University community who have problems with drugs or alcohol. These options include the following:
      1. Employees and Students — The University’s Counseling and Health Centers, located in the Alexander Health Center, provide free counseling and referral services to students and employees on a confidential basis. Any employee or student who has a drug or alcohol problem may seek help through this facility.
      2. Employees — The University’s health plans reimburse employees for part or all of drug and alcohol counseling and treatment, off campus, under the conditions of each plan. Employees should review their summary plan descriptions to determine the specific treatments that are available and the conditions for reimbursement.
      3. Self‐Referrals — Many local agencies permit self‐referrals for treatment of substance abuse. A list of these providers is available on a confidential basis through the Counseling Center or Personnel Services. Some community services are provided free or at very little cost. If an employee uses this approach to treatment, he/she should ask his/her immediate supervisor for a medical leave of absence. In most cases, the request for such a leave will be granted, and the employee may return to his/her job upon completion of the treatment plan. For acute situations, hospitals with emergency rooms near the University campus include:
        • Hillcrest Medical Center, 1120 S. Utica
        • St. John’s Medical Center, 1923 S. Utica, and
        • OSU Regional Medical Center, 744 W. 9th St.
    6. Sanction on Student Employees Violations of this policy by students will be treated under the provisions of the University’s Judicial Board and may lead to dismissal from the University. Violations of this policy by employees will be handled as described in The University of Tulsa’s Drug‐Free Workplace Policy statement with respect to drugs and under similar procedures with respect to alcohol violations. Various forms of discipline may be imposed, including, among others, suspension, required treatment programs, and termination of employment.
    7. Designation of Coordinating CommitteeThe Substance Abuse Committee, which was constituted under the Drug‐Free Workplace Policy statement and is chaired by the Dean of Students, shall coordinate and implement this policy. The University will review this policy and program biennially to determine its effectiveness, to make needed changes, and to review the consistency of the policy’s enforcement and the imposition of required sanctions. University employees or students are asked to cooperate with the committee.
    8. Availability of this PolicyThis policy shall be distributed annually to each student and employee and shall be available for inspection by any student or employee and by any representative of the Secretary of Education.
    9. Educational and Awareness Programs The Substance Abuse Committee shall develop educational programs and materials with respect to drug and alcohol abuse that are consistent with University policies, budgets, and procedures.
    10. Interpretation This policy shall be interpreted consistently with the Drug‐Free Schools and Communities Act Amendments of 1989.
Notice of Federal Student Financial Aid Penalties for Drug Law Violations HEA 484(r)(1)

The HEA now provides that a student is ineligible for Title IV, HEA financial assistance, such as grants, loans, and work study, only if the conviction for a Federal or State offense involving the possession or sale of a controlled substance is for conduct that occurred during a period of enrollment for which the student was receiving Title IV, HEA financial assistance.  The period of ineligibility and provisions for regaining eligibility are unchanged by the HERA (Higher Education Reconciliation Act of 2005 (HERA).

 Self Identification
Students that are interested in federal student aid must complete a Free Application for Federal Student Aid (FAFSA).   The FAFSA includes a question that asks, “Have you been convicted for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid.”   Students must answer this question.   If the answer is “yes” to this question, the student will be provided with an additional worksheet to determine if they are currently eligible for federal student aid.

Not all drug convictions should be reported on the FAFSA

  1. Students should only report drug related convictions for offenses that occurred during periods of enrollment for which they were receiving federal financial aid.   Students should answer “No” to this question for any convictions that occurred during times when they were not receiving federal financial aid.
  2. Students should not report convictions that were reversed, set aside, or otherwise rendered invalid
  3. Students should not report convictions while they were a juvenile (under 18) unless they were tried as an adult
  4. Alcohol and tobacco are not considered illegal drugs under this regulation

Periods of Ineligibility
The length of time that a student is ineligible due to drug related offenses depends on the type of offense and the number of convictions.   Students become ineligible for federal student aid from the date of conviction through a scheduled timeframe.   The following chart outlines the timeframes for which students become ineligible for federal financial aid due to drug convictions.

 

Possession of illegal drugs Sale of illegal drugs
1st offense 1 year from date of conviction 2 years from the date of conviction
2nd offense 2 years from date of conviction Indefinite period of ineligibility
3rd offense Indefinite period of eligibility Indefinite period of ineligibility

 

Students that have further drug related convictions after filing the FAFSA may have extended periods of ineligibility or may lose their eligibility indefinitely.

Regaining Eligibility
Students with suspended federal eligibility may regain their eligibility the day after the period of ineligibility expires (one year plus one day, two years plus one day).

Students may shorten their period of ineligibility or regain eligibility from an indefinite timeframe by meeting at least one of the following means:

  1. Having a conviction reversed, set aside, or otherwise rendered invalid
  2. Successfully completing an acceptable drug rehabilitation program that includes two unannounced drug tests
  3. Passing two unannounced drug tests administered by an acceptable drug rehabilitation program

Acceptable Drug Rehabilitation Program
An acceptable Drug Rehabilitation Program must include two unannounced drug tests, and at least one of the following:

  1. Be qualified to receive funds from a federal, state or local government program, or from a federal or state licensed insurance company, or
  2. Be administered or recognized by a federal, state, or local government agency or court, or by a federal or state licensed hospital, health clinic, or medical doctor.

Not all programs administer unannounced drug testing.   Students that contact a program for potential admission should explain the need for unannounced drug testing and inquire if the program can meet this requirement.

Many drug rehabilitation programs to not provide drug tests to individuals that have not been admitted to treatment.   To meet the drug testing requirement without going through a drug rehabilitation program, students must make arrangements with an acceptable drug rehabilitation program to administer the unannounced drug tests.

Other Drug Laws
The Anti-Drug Abuse Act of 1988 includes provisions that authorize federal and state judges to deny certain federal benefits, including federal financial aid, to persons convicted to drug trafficking or possession.   The Department of Education maintains a hold list for applicants that have had such a judgment against them.   Students will be notified that they are not eligible for federal financial aid and to whom they may inquire if they have questions.

Should I file a FAFSA if I have a drug related conviction?
Yes, The University of Tulsa encourages all students to submit at FAFSA.   If you have been convicted of a drug related offense while you were receiving federal financial aid, you may still be eligible for institutional, state, and privately funded financial aid.   If your ineligibility period expires or you complete an acceptable drug rehabilitation program, please inform the Office of Student Financial Services so that a determination of available aid options can be completed on your behalf.

Additional Questions
For more information on this subject, current and prospective students should contact the Federal Student Aid Information Center at 1-800-4FED-AID (1-800-433-3243).