WSR 15-14-077 PERMANENT RULES EASTERN WASHINGTON UNIVERSITY [Filed June 29, 2015, 10:22 a.m., effective July 30, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: Revising chapter 172-64 WAC, Alcohol policy at Eastern Washington University, to update rules and associated procedures related to the use of alcohol on property owned or controlled by Eastern Washington University. These revisions are needed to update university standards and processes concerning the use of alcohol on property owned or controlled by Eastern Washington University.
Citation of Existing Rules Affected by this Order: Amending chapter 172-64 WAC.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Adopted under notice filed as WSR 15-11-087 on May 20, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 26, 2015.
Trent Lutey
University Policy Administrator
AMENDATORY SECTION (Amending WSR 14-24-037, filed 11/24/14, effective 12/25/14)
WAC 172-64-020 Alcohol use in university residence halls.
(1) Applicability. This section establishes rules for alcoholic beverages in residence halls that are owned or operated by Eastern Washington University.
(2) General policy. Persons, who are at least twenty-one years old, may possess and consume alcoholic beverages in the privacy of individual residence hall rooms subject to the requirements of this section.
(3) Restrictions.
(a) Consumption of alcoholic beverages is prohibited in any areas of residence halls outside of individual rooms including, but not limited to, hallways, entrances, corridors, lounges, and reception areas.
(b) Doors to individual residence hall rooms must remain closed while alcohol is being consumed.
(c) Kegs, common source containers, and nonalcoholic brews such as "near beer" are prohibited.
(d) Selling or providing alcohol to minors is prohibited.
(e) Alcohol is prohibited in any residence hall room where any student living in the room is under twenty-one years old, regardless of whether the under-age student is present or not.
(f) Alcohol may not be consumed in any room where any person present is under twenty-one years old.
(g) Alcohol may not be consumed in any area designated as alcohol-free housing.
(h) Residents in Brewster Hall, who are at least twenty-one years old, may have alcohol in their individual room but not in their common room areas if any of their suitemates are under twenty-one.
(i) Vendors may not deliver alcohol to residence halls or any other campus area except as provided for in WAC 172-64-090.
(j) Alcohol must not be visible to the public when carried into a residence hall.
(k) Alcohol containers may not be used as decorative pieces in residence halls.
(l) Students shall comply with reasonable requests by university staff to provide identification, proof of age, and/or show contents of a container when requested.
(m) Possession and consumption of alcohol in the privacy of individual residence hall rooms must not infringe on the privacy and peace of other individuals.
(n) Residence hall or housing funds may not be used to purchase alcoholic beverages.
(4) ((Roommate preference. A student planning to live in a residence hall may indicate their preference for a roommate who drinks alcohol or one who does not. Whenever possible, such requests will be honored by university housing officials.
(5))) Alcohol-free housing. Per RCW 28B.10.575, the university shall notify all students applying for student housing of the availability of housing where all alcoholic beverage use is prohibited. The university shall accommodate student requests for alcohol-free housing.
(((6))) (5) Awareness.
(((a) Each residence hall will hold a quarterly meeting for hall residents for the express purpose of discussing university rules regarding possession and consumption of alcohol.
(b) These rules, and related laws, ordinances, and university policies, will be conspicuously posted in each residence hall.)) The university shall distribute to students in university residence halls the process for reporting violations and complaints of alcohol and illegal drug use, the policies and procedures for investigating such complaints, and sanctions that may be applied for violations of the institution's alcohol and illegal drug use policies.
AMENDATORY SECTION (Amending WSR 14-24-037, filed 11/24/14, effective 12/25/14)
WAC 172-64-040 Alcohol use at ((on- or off-campus)) on-campus events and events off-campus that are sponsored by the university.
(1) Applicability. This section establishes rules for possessing, consuming, selling, and/or serving alcoholic beverages:
(a) At events on university-owned or operated property, regardless of whether the event is sponsored by the university and regardless of whether event sponsors are affiliated with the university; and
(b) At off-campus events that are sponsored, in whole or in part, by the university.
(2) An event is considered to be sponsored by the university when the event is organized and/or staffed by university students or employees or when the event is funded, in whole or in part, by the university.
(3) Sponsor requirements. Sponsors of an event, as described in subsection (1) of this section, where alcohol is to be possessed, sold, served and/or consumed, must comply with the following requirements:
(a) Obtain written permission from the appropriate official(s):
(i) Student clubs and organizations must obtain permission from the student activities office;
(ii) For all other requests, sponsors must obtain permission from the vice-president for business and finance or designee;
(b) Contact event planning to request a banquet permit or a special occasion license per WAC 172-64-070;
(c) Comply with all Washington state laws, chapter 172-64 WAC, all other university rules and policies; and any additional instructions provided to the event/activity sponsor as a condition of approval;
(d) Ensure Washington state alcohol serving requirements are enforced:
(i) Event sponsors must ensure that all persons designated to serve alcohol are at least twenty-one years old and have received alcohol server training.
(ii) Event sponsors must ensure that servers check ID and do not serve alcohol to any person who is under twenty-one years old or who appears intoxicated;
(e) Prohibit serving alcohol during normal, university business hours unless an exception has been granted as part of the request under (a) of this subsection;
(f) Prohibit persons from bringing alcoholic beverages into the event unless specifically authorized by the banquet permit or special occasion license;
(g) Prohibit persons from taking alcoholic beverages outside of the approved alcohol use area, except for beer/wine in the original unopened container that is sold or auctioned for off-premises consumption as specifically authorized by a special occasion license;
(h) Provide food or snacks and nonalcoholic beverages at the same place as alcoholic beverages and feature nonalcoholic beverages at least as prominently as alcoholic beverages; and
(i) For an event on university owned or operated property, inform university police of the event and consult with the university police about appropriate security measures as provided for in subsection (5) of this section.
(((3))) (4) Publicity and advertising.
(a) Events conducted under a banquet permit are by invitation only and may not be advertised to the public.
(b) All announcements and advertisements concerning an event including, but not limited to, flyers, notices, posters, banners, tee-shirts and newspaper and radio announcements, must:
(i) Note the availability of nonalcoholic beverages at least as prominently as the availability of alcoholic beverages;
(ii) State that proper identification is required in order to be served or sold alcoholic beverages; and
(iii) Not make reference to the amount of alcoholic beverages available at the event.
(c) All announcements and advertisements, as well as any promotions of specific alcoholic beverage brands at the event:
(i) Must not make reference to any form of drinking contest. Drinking contests and similar activities which encourage the rapid and/or excessive consumption of alcoholic beverages are prohibited;
(ii) Must not portray drinking as a solution to personal or academic problems or as necessary to social, sexual, or academic success; and
(iii) Must not encourage any form of alcohol abuse or place emphasis on quantity or frequency of consumption.
(((4))) (5) Gifts, awards, and rewards. Alcoholic beverages may not be provided as gifts or awards to any person as part of any event conducted under a special occasion license.
(((5))) (6) Security measures. The university police shall determine appropriate security measures to be taken for on-campus events where alcohol is to be possessed, consumed, sold, and/or served. University police shall coordinate with the events' sponsor and appropriate university personnel to assist in compliance with state laws and university rules.
AMENDATORY SECTION (Amending WSR 14-24-037, filed 11/24/14, effective 12/25/14)
WAC 172-64-050 Alcohol use during group ((field)) trips.
(1) This section applies to the possession and consumption of alcoholic beverages by university employees and/or students when participating in a university sponsored or supported group ((field)) trip including, but not limited to, group attendance at conferences, conventions, seminars, training, field trips, etc.
(2) ((During a field trip,)) Unless an exception has been granted per subsection (3) of this section, during supervised periods of a group trip (e.g., when work, instruction, or official business is being conducted) employees and students shall not((:
(a))) possess or consume alcohol((;
(b) Transport alcoholic beverages in any vehicle, including personal and rental vehicles, used in support of a field trip)).
(3) Exceptions may be granted if the ((field)) trip involves attending a ((social)) function where the consumption of alcohol is a cultural or social expectation. Examples of such functions include, but are not limited to, receptions, cultural exchanges, and professional gatherings. Requests for exceptions must be made to the ((provost (for academic related events), or to the vice-president for business and finance (for all other events))) appropriate vice-president. For approved requests, participants must:
(a) Comply with all applicable local laws; and
(b) Comply with all additional requirements and/or instructions provided as a condition of the approval.
(4) Notwithstanding any other rules or exceptions under this policy, university employees and students shall not:
(a) Consume alcohol during any period of time when they are responsible for the care and/or transportation of other group members;
(b) Transport alcoholic beverages in any vehicle, including personal and rental vehicles, used in support of a group trip.
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