What Students and Parents Need to Know About Drinking on Campus
| | Title IX
Despite policies to the contrary and a legal drinking age that makes it impossible for most college students to consume alcohol without violating the law, drinking on campus remains a prevalent problem that leads to numerous other problems, often with disastrous consequences. Students can suffer trauma, the destruction of their sense of self-worth and future, and even the loss of their lives.
Students and their parents need to understand the risks and how to mitigate those risks. Even students who don’t ever consume alcohol face danger when they are around other students who are indulging in alcohol.
As college sessions open for the fall semester, here are some facts about drinking on campus for students and parents to consider.
Drinking Can Lead to a Title IX Violation
Many college students and their families are only vaguely aware of Title IX of the Education Amendments of 1972. This statute and the regulations supporting it require colleges and universities to take active steps to prevent and address discrimination on the basis of sex. The word “discrimination” has been interpreted to include many types of conduct, including sexual assault and other forms of sexual misconduct.
Drinking alcohol on campus often leads to complaints that one student has violated another student’s Title IX rights. The issue is investigated and adjudicated according to campus policies, which are required to comply with Title IX regulatory requirements and guidelines. Students often do not have all the same due process rights as they would if they had been accused of a criminal violation. A student can quickly be found responsible for the violation and labeled as someone who takes advantage of others. As a result, a student may be forced out of activities, prevented from living on campus, or even expelled. The effects of a Title IX violation can interfere with future educational opportunities, jobs, and even social life for years to come. The burden of proof to find a student responsible for sexual assault as a violation of Title IX is much lower than the burden of proof in a criminal trial. Moreover, investigations move at a fast pace. If a student accused of a violation does not take prompt and effective action in defense, they can quickly find themselves judged and penalized.
Why does drinking so often lead to this result? When someone has been drinking, and they reach a level where they are considered incapacitated, they cannot legally consent to sexual activity. Each school has its own definition for consent. It does not matter whether both partners were equally drunk, and one student did not realize the other lacked the capacity to consent. Any sexual activity in that situation is sexual misconduct, and it is a violation of a student’s Title IX rights. If this is brought to the attention of the school by someone filing a complaint, the school is required to investigate.
Drinking is Often a Violation of School Policies and Procedures
Colleges and universities cannot officially allow underage alcohol consumption because it violates the law. But even if a student is old enough to drink legally, alcohol consumption may not be permitted on campus or in certain places on campus. A school can establish any restrictions they want regarding alcohol use, and students are required to abide by the restrictions because they agreed to follow the rules when they enrolled.
Like a Title IX proceeding, a campus proceeding to determine whether a student has violated school alcohol policies may be investigated quickly, and students may have very limited opportunities to defend themselves. A student cannot be jailed for violating school rules, but they can lose scholarships, campus living opportunities, and the chance to complete their education.
Drinking Frequently Leads to DUI/DWI Offenses or Worse
In areas where ride-sharing is common, students are now less likely to drive after drinking than in the past. However, ride-sharing is not available in many campus areas, particularly late at night. Students who have their inhibitions reduced by a few drinks can be tempted or urged to drive when their abilities are impaired. If they are lucky, the worst that happens is an arrest for drunk driving. But many fatal car accidents started with a night of drinking on campus. Students who have access to a car need to plan ahead so they won’t be tempted to use it if they are drinking, such as by giving the keys to someone who won’t be with them.
Help is Available When Alcohol Causes Problems on Campus
Students and their families need to be aware of the help that is available when drinking on campus causes problems. For instance, if a student who has been drinking suffers a sexual assault in violation of Title IX, the school is required to have resources available for physical, mental, and emotional support. If a student feels they are drinking too much and alcohol use is causing concern, there are counselors and support groups available to help. A student accused of committing a Title IX violation involving alcohol use may be offered assistance, but it is important to be aware that if the person providing assistance and guidance is a school employee, they have obligations to the institution that may not make them the best choice as a confidant or legal advisor.
Consult a Student Rights Attorney at the First Sign of Trouble
Drinking on campus can lead to accusations that can quickly turn the whole world against you. When you find yourself facing any potentially damaging allegations, it is important to understand how to protect your rights and defend yourself effectively. It is also helpful to have someone off campus to turn to for advice.
The student rights attorneys at Nesenoff & Miltenberg, LLP can protect you and provide guidance at all stages of campus proceedings, including appeals of findings of responsibility. For a confidential consultation to find out the ways we can fight for your rights, contact our team today.