Alcohol Policy

[Amendment Adopted by Administrative Council 10.11.05; Ratified by Board of Regents 09.08.06] [Amendment Adopted by Administrative Council 07.13.10; Approved by the Board of Regents 07.20.10]

Statement of Purpose

The Board of Regents of New Mexico State University recognizes that diversity of opinion and freedom of choice are concepts upon which higher education has been established. Inherent within these two basic concepts are the exercise of individual responsibility and making informed decisions on matters related to personal behavior. These are concepts basic to all American freedoms.

Within the university setting, faculty, staff and students must demonstrate a mutual respect and commitment to the institution’s educational mission while at the same time fostering diversity of opinion, freedom of choice, and responsibility. In this regard, the university respects the right of those of legal age to consume alcohol if they so choose, providing they do so in accordance with this policy and all applicable laws.

This Alcohol Policy shall apply to every function or event, including but not limited to receptions, banquets, dinners, picnics, or any outdoor event, social event, and campus-wide activity sponsored by organizations or individuals associated with New Mexico State University. Off-campus events conducted by university approved organizations are bound by this policy.

NMSU recognizes it cannot protect its staff and students from making decisions that could potentially cause harm to themselves or others. NMSU disclaims any intention to assume duties to protect its staff and students from their own abuse of drugs or alcohol or to protect third party persons from conduct of the staff or students.

Scope of Policy

This Alcohol Policy shall apply to all NMSU campuses (main and community colleges) that have applied for and received a waiver from their respective county jurisdictions.

Permissible Use of Alcohol

Where permitted under the policy, the use of alcohol shall be considered a privilege and may be allowed only if consistent with local, state and federal laws and university policy, and only when it does not interfere with the academic atmosphere of the university.

  1. Students of legal age are permitted to use alcohol only in a manner consistent with this policy and the Student Code of Conduct.
  2. Students who reside on campus and are 21 years of age or older may possess and consume alcohol as permitted by law and in areas designated by the director of Housing and Residential Life. Refer to the housing policy for those areas designated as “alcohol free”.
  3. Selling, either directly or indirectly, of alcoholic beverages on campus is prohibited, except in those university facilities possessing a state alcohol license granted under the authority of the Board of Regents, or where pre-approved by the president or designee by event type. The president or designee has authorization, at their discretion, to grant permission for the serving or sale of alcohol at any other on-campus events. All venues approved for the routine sale of alcoholic beverages must have in place an approved policy for the sale and service of alcoholic beverages.
  4. Events occurring on campus involving alcohol must obtain the proper approval/permit. The following shall apply:
    • Any event involving alcohol must be registered and approved by the university in order to obtain a proper permit.
    • Student groups, campus organizations and Greek affiliates who wish to host events involving alcohol must have proper policies in place, consistent with university policies and local, state and federal laws, before they will be issued a permit for their event.
    • Student fees may not be used directly to purchase alcohol. However, in certain cases, student fees may be used to fund events where alcohol may be served, provided the appropriate permits are obtained and applicable policies are adhered to.
    • Permits will be issued by the president or designee.
    • State law requires that anyone serving alcohol must complete a class and receive a server’s permit.
    • If the consumption of alcohol is a normal part of an academic class, written approval for use must be obtained from the Office of the Executive Vice President and Provost and the Alcohol Review Committee.

Unacceptable Use of Alcohol

NMSU discourages the use of alcohol that is inconsistent with local, state and federal laws and university policy. NMSU recognizes that the illegal use of alcohol interferes with the academic environment of this institution and the personal growth of its students.

  1. NMSU explicitly prohibits the unlawful use, possession, sale, or distribution of alcohol or controlled substances by all students and employees. Any violation of applicable local, state, and/or federal law is considered to be a violation of this institution’s policies.
  2. Staff and/or students will be disciplined if their use of alcohol threatens to create disorder, public disturbances, danger to themselves or others, or property damage.
  3. Students who have not yet reached legal age are prohibited from purchasing, using, and/or possessing alcohol.
  4. Except as outlined by this policy, consumption or possession of alcohol intended for consumption is prohibited on the university campus. Possession of alcohol intended for consumption is permitted for the sole purpose of prompt delivery to a designated, approved location.
  5. Open containers of alcohol are prohibited outside of designated areas.
  6. Kegs, party balls or common containers are not permitted, unless in conjunction with an event approved by the president or designee.

Alcohol-Related Misconduct

  1. Possession of false identification. Students found in possession of or attempting to use false identification in order to procure alcohol will be subject to the fullest force and effect of the consequences outlined in this policy and/or the Student Code of Conduct
  2. Alcohol as an aggravating factor to other violations. If alcohol is found to be an aggravating factor in other violations of the Student Code of Conduct and/or local, state and federal laws, the student may be subject to more severe punitive sanctioning.
  3. Off-campus violations of Student Code of Conduct. The university reserves the right to impose sanctions upon students and student organizations that violate this policy and/or the Student Code of Conduct, even if such actions occurs off-campus.

Consequences for Violations

  1. Students found to be in violation of any of these policies through Student Judicial Services will be subject to disciplinary action ranging from Disciplinary Probation in conjunction with educational sanctioning through Expulsion from the university.
  2. Students in violation may also be subject to the disciplinary procedures of Housing and Residential Life, if applicable.
  3. Staff or students found to be in violation will also be subject to all local, state and federal laws and nothing in this policy shall be construed to protect staff or students from such actions as local, state and/or federal law enforcement deem appropriate. Similarly, if local, state and/or federal law enforcement entities decide not to pursue action against violators, the university reserves the right to process violations through the Student Judicial Services and/or Housing and Residential Life, if applicable.
  4. Staff or students who have not been found to be in violation of any of the policies herein who wish to self-identify and seek confidential help through the Employee Assistance Program, Counseling Center and/or the Wellness, Alcohol and Violence Education Program, will not jeopardize their employment or academic status. This benefit will continue as long as the staff member or student refrains from further alcohol misuse and/or abuse.

Tailgating

For the most current tailgating procedures, see the NMSU Athletics Department’s Football Tailgating Procedures.