A. General Provisions
1. College Standards
Middlebury College's community standards reflect our commitment to developing the life of the mind in the fullest sense through learning in and out of the classroom, to instilling in our students respect for all individuals and for their environment, and to integrating these goals with our commitment to promote the welfare of the College community. A balance of individual growth and community health guides the College's approach to all academic and residential endeavors, including our approach to student alcohol consumption, and the use or possession of regulated drugs.
Therefore, the College will:
a. Inform students of federal, Vermont, and local laws, and the policies of Middlebury College, to which they are accountable.
b. Promote among students original and autonomous thought, and therefore, responsibility and accountability for their personal choices and actions.
c. Encourage an environment of enriching extracurricular and social opportunities that includes substance-free events and healthy venues for students of legal age who choose to drink.
d. Educate members of the community through academic and student life programs and policies about the role of alcohol and drugs in our society, safe and responsible decisions around alcohol consumption, and the negative individual and community consequences of abuse.
e. Provide educational outreach health services to students who choose to use alcohol or drugs, who experience negative consequences, or who violate the commitment to individual and community safety.
For information specific to state and federal laws governing the use, possession, and distribution of drugs and alcohol, see the Middlebury College publication Drugs, Alcohol and You (which is mailed each year to every student).
2. Local, State, and Federal Laws
Middlebury College students (including special students and those living off-campus) are expected to observe local, state, and federal laws governing the possession, use, and furnishing of alcoholic beverages and controlled substances ("illegal drugs"). Violation of local, state, or federal law, or of Middlebury College drug or alcohol regulations, may result in College discipline, ranging from citations and/or fines up to and including loss of off-campus living privileges and suspension or expulsion, depending on the level of the offense.
Violation of state or federal controlled substance law resulting in criminal conviction could include loss of certain federal higher education benefits (student loans, Pell Grants, Supplemental Educational Opportunity Grants, and the Federal Work-Study program).
Middlebury College students are subject to College drug and alcohol policy rules and regulations while on College or College-related premises, or when involved with off-campus events sponsored by the College or a registered College organization. Students are also expected to observe the laws of the local jurisdiction when participating in off-campus events sponsored by the College or a Middlebury College organization.
Specifically,
a. Illegal use of alcohol (underage drinking, possession of alcohol by a minor, furnishing alcohol to a minor) will result in citations and penalties ranging from warning to expulsion.
b. Students using illegal drugs or in possession of amounts that appear to constitute "personal use" will face penalties ranging from warning to expulsion.
c. Students found selling, manufacturing, or possessing drugs in amounts that indicate drug sales or distribution will face penalties ranging from suspension to expulsion from school.
d. Students or organizations found illegally selling, manufacturing, or distributing alcohol will face disciplinary action up to and including expulsion.
e. Possession of drug paraphernalia that has been used, whether at the time of confiscation or not, is against the law, and students who violate the law are subject to College discipline.
The College does not protect students from prosecution for drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities.
3. Alcohol and Drug Policies
At any time a Commons dean may refer a student for disciplinary action for violations of this policy, or, when health or safety concerns are paramount, to the dean of students.
a. Possession of alcoholic beverage by underage students.
The primary concern of the alcohol policy at Middlebury College is to preserve the health and safety of our College community. The alcohol policy is seen as one component of Middlebury’s commitment to creating an environment of respect, honesty, integrity, accountability and wellbeing for all its members. As part of Middlebury’s overall alcohol education efforts, the alcohol policy aims to heighten awareness around the negative effects of episodic high-risk drinking both for the individual student and for the Middlebury community.
The policy strives to be clear, readily understood, consistent and equally applicable to all students. It encourages students to refrain from drinking if that is their choice and promotes moderation, safety and individual accountability to those students who choose to drink. The policy reflects a belief that when alcohol violations occur an educational response is the ideal approach to help students reflect on their behavior and the decisions they have made. Serious incidents that put the student or others at risk of harm, as well as repeated offenses, however, require a more vigorous response, including referral to the CCHR, referral to a treatment facility, a leave of absence, or even suspension or expulsion.
All students should be aware of the College’s student policy on alcoholic beverages and other illegal substances and the liquor laws of the State of Vermont.
A student under the age of 21 found to be in possession of an alcoholic beverage will receive a written citation, and shall be subject to the following:
i. First offense. The student will receive a follow-up letter from the Commons dean, which will constitute an informal warning, and will provide specific information about Vermont law and College rules and expectations.
ii. Second offense. The student will receive a follow-up letter from the Commons dean, which will constitute an official warning. Commons dean may elect to meet with the student if circumstances merit this.
iii. Third offense. The student will receive a formal reprimand from the Commons dean. A copy of the reprimand is sent home to parents. The student will be required to meet with his or her Commons dean for consultation. Additional educational requirements and/or assessments may be required at the discretion of the Commons dean.
Any additional citations will result in further disciplinary sanctions and/or health related referrals at the discretion of the Commons dean. Students should be aware that the Commons deans and/or the dean of students will review the totality of the each student’s record when making disciplinary decisions.
b. Other violations of alcohol policy
Violations of the College alcohol policy other than possession by an underage student shall be subject to the regular College disciplinary process.
c. Possession of marijuana
A student found to be in possession of marijuana in an amount and under circumstances indicative of only individual use, shall be subject to the following:
i. First offense: Reprimand. A copy of the reprimand is sent to the parents of a dependent student, or as otherwise allowed by law.
ii. Second offense: Reprimand and recommended assessment. A copy of the reprimand and recommendation is sent to the parents of a dependent student, or as otherwise allowed by law.
iii. Third offense: The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of disciplinary probation if there is a finding of guilt. A drug consultation with a staff member at the Center for Counseling and Human Relations will be required regardless of the outcome of the disciplinary hearing.
iv. Fourth offense: The student will be charged with a conduct violation and subject to disciplinary hearing, with a likely sanction of suspension if there is a finding of guilt. The student will be required to have a drug assessment by a certified drug counselor at his or her own expense. Any expectations for follow-up treatment will be incorporated into the re-entry expectations and process.
d. Other violations of drug policy
Violations of College drug policies other than possession of marijuana for individual use, including possession or use of prescription drugs other than by the person and in the manner prescribed, shall be subject to the regular College disciplinary process. A student found guilty of sale or distribution of illegal drugs, including prescription drugs, can expect to receive the most serious sanctions.
4. Health Concerns
Involvement with, or dependency upon, drugs or excessive or illegal use of alcohol will be viewed by the College as a health concern, as well as a disciplinary matter. Where a Commons dean has reasonable concerns that a student's health is being compromised by drug or alcohol use or abuse, a drug and/or alcohol consultation or assessment may be required. In addition, where a student's name or the name of an organization or a group occurs repeatedly in connection with a drug or alcohol problem, even though no concrete evidence or direct witness is involved, a dean may contact the student and meet with him or her. In these instances, the dean may encourage or require the student to undergo a drug/alcohol assessment, on or off campus, and may notify the student's parents or guardian of concerns about the student's drug or alcohol problem.
In disciplinary situations and the situations of concern mentioned above, a student may be required to withdraw from the College until successful resolution of the problem is documented to the satisfaction of the College.
B. Alcoholic Beverage Regulations
Violations of alcoholic beverage and party regulations may result in citations, alcohol education, fines, a loss of hosting privileges, and disciplinary action.
1. Under Vermont law only persons of legal age (21 or older) may consume alcoholic beverages. Legal proof of age, such as a valid driver's license, state issued liquor identification card, or a passport, may be required. Middlebury College students are also required to carry Middlebury College MiddCards while in possession of alcoholic beverages on the campus or at College-sponsored events.
2. The production, possession, or use of false identification is illegal and may lead to disciplinary proceedings.
3. References to alcohol may not be made in any publicity (e.g., posters, newspaper ads) on campus, except for licensed events under the College's catering permit which may include a reminder to "please bring two forms of i.d."
4. Regulations in the State of Vermont require that the identity of anyone who purchases a keg be recorded.
5. Under Vermont law, a person who sells or furnishes alcoholic beverages to an underage person, or enables an underage person to obtain such beverages, may be subject to criminal penalties. Moreover, a person who serves alcohol to someone who then is injured or causes injury to others may be liable for those injuries, if the alcohol was served in circumstances where it was foreseeable that injury might occur. For example, if the host of a party serves alcohol to someone who already is intoxicated, and the intoxicated person has an automobile accident on the way home, the party host, bartender, and/or the person who purchased the alcohol may all be liable for injuries that occur in the accident. Buying for, or serving, an underage person may lead to disciplinary action.
6. Under College regulations, the purchasers of alcoholic beverages, party hosts, and the occupants of residential spaces where parties take place will be responsible for the conduct of individuals who consume the alcohol.
7. A keg or other common container (e.g., punch bowl) used in a residential space must be registered in advance with a student's Commons office or the assistant to the dean of students (social houses). A keg or common container belonging to an underage student is never permitted. A keg or common container in a first-year residence hall or floor is never permitted. If an unauthorized keg or common container is found, the tap will be removed, the keg and tap or common container will be confiscated and returned to the vendor, a $200 fine will be charged, and the responsible party will be referred to his or her dean for disciplinary proceedings.
8. Admittance to events at which alcohol is served is limited to invited guests.
9. In accordance with State law and requirements of the College's liquor license, individuals may not bring alcoholic beverages to catered events. Individuals may not leave a catered event with alcoholic beverages provided at the event.
10. Individuals may not bring unregistered alcoholic beverages to any campus event. Individuals may not leave a registered party with alcoholic beverages provided at the event.
11. Small, informal gatherings held in individual rooms, suites, and small houses occupied by of-age students, at which alcoholic beverages are consumed, do not have to be registered (for information on registered parties, see section C.4.). Please note that residents of the living space will be treated as "party hosts," and therefore assume responsibility for the actions of individuals who drink the provided alcohol (as noted in section B.7. above). Students are responsible for unregistered gatherings and related activities that occur in their rooms, whether or not they are present. Bear in mind that College policies regarding noise, vandalism, and respect for persons apply to informal gatherings as well as registered parties.
12. Consumption of alcoholic beverages at Bread Loaf, Middlebury College Snow Bowl, and the College libraries is prohibited, except during certain official functions.
13. Consumption of alcoholic beverages in student organization spaces (for example, WRMC, The Campus, Middlebury Mountain Club).
14. Consumption of alcoholic beverages is prohibited in any classroom setting, whether in a College building or elsewhere.
15. Consumption of alcoholic beverages is prohibited at any College sporting event or in any athletic venue, except during certain official functions.
16. Operating a motor vehicle while under the influence of alcohol is dangerous, illegal and will subject a student to disciplinary proceedings. Students found to be driving on campus under the influence of drugs or alcohol will be subject to a fine of $100, will lose driving privileges on campus and will be subject to disciplinary proceedings. Students who are charged with DUI and are awaiting the court outcome have their campus driving privileges suspended pending the court disposition. In those incidents where the DUI involves an accident with injuries to others, or other exceptional factors, immediate disciplinary action may take place on campus.
17. Dangerous drinking games (e.g., funnels, keg stands, around-the-world parties, and other alcohol consumption based on speed and/or volume, etc.) are not allowed and will result in disciplinary proceedings.
18. Open containers are not allowed in public spaces, or outside on the campus grounds, unless the area has been designated for a registered or catered event. For the purposes of this policy, residential hallways are normally considered private spaces. Of-age students may transport open alcohol containers for personal use within residence halls, but hallways may not be used for parties. Individual Commons may designate certain spaces in residence halls as senior commons rooms; these spaces will be considered private.
Underage students are subject to the citation system (Section A.3. above) and to the open container policy for open container violations.
Students can be fined for having an open container in a public space.
C. Party Regulations
1. General Party Regulations
a. All parties within residential areas at which alcoholic beverages are consumed must be registered with the senior residence director. Private parties must be registered by 3:00 p.m. on the Thursday before the event unless otherwise noted by the Center for Campus Activities and Leadership (CCAL). Catered events must be registered with a student's Commons Office or CCAL at least 21 business days in advance as required by the Vermont Department of Liquor Control.
b. Party hosts and bartenders must be at least 21 years old and must have completed a College-approved social function workshop in order to register a function. Party hosts and bartenders must be present and may not consume alcohol before or during the party.
c. Parties may only be registered in approved lounges and designated locations on campus. The amount of alcohol allowed will be determined at the discretion of the senior residence director, Center for Campus Activities and Leadership, or the Office of the Dean of Students designee, based on the location of the event, anticipated attendance and the capacity of the room determined by the Safety Officer.
d. The Commons offices and senior residence director will schedule residential spaces, as well as review party plans, planned attendance, provision for enforcement of Vermont law governing the legal drinking age (i.e., party hosts must ensure that a system is in place to monitor the serving and consumption of alcoholic beverages to people of legal drinking age only), amounts of alcoholic and non-alcoholic beverages and food to be served. The senior residence director may require changes before authorizing registration of a party.
e. Parties may normally occur between the hours of 5:00 p.m. Friday and 1:00 a.m. Saturday, and 12:00 noon Saturday and 1:00 a.m. Sunday. During exam periods, parties may only be registered on the first Saturday from 10:00 p.m. to 1:00 a.m. Sunday. Exceptions for Winter Carnival and Senior Week activities may be granted by the Director of Campus Activities. The maximum duration of any private party is four hours. Two parties may not be registered sequentially for the same space.
f. Parties may be registered for Friday and Saturday only. A quiet atmosphere conducive to studying should prevail throughout all residences Sunday through Thursday nights.
g. Bands and DJs performing at private parties are allowed at the discretion of the Commons office, the senior residence director, the Office of the Dean of Students designee, or Center for Campus Activities and Leadership, and must be registered at the time of the party registration.
h. Alcoholic beverages may not be served after 1:00 a.m. Bands or amplified music in residential spaces must stop playing by 1:00 a.m. Special arrangements for late night programming in residential spaces may only be arranged through a student's Commons office, the Office of the Dean of Students designee, or Center for Campus Activities and Leadership (CCAL). Student programming in non-residential spaces must be catered and arranged through the Center for Campus Activities and Leadership.
i. Individuals and organizations hosting and/or individuals purchasing alcohol for parties where alcoholic beverages are served should be aware that, under Vermont law, a person who is injured in person, property, or means of support in consequence of the intoxication of any other person may be able to bring a legal claim for monetary damages against anyone who by furnishing alcoholic beverages unlawfully, contributed to that person's intoxication. For example, a party host, bartender, and/or the person who purchased the alcoholic beverage might be sued for having unlawfully furnished alcoholic beverages to a minor who thereafter causes harm, or for serving alcohol to an already intoxicated person who thereafter has an accident.
j. Party hosts and bartenders must be present and may not consume alcohol before or during the party. Service of alcoholic beverages may not begin until a Public Safety Officer arrives. Kegs must be tapped or punch mixed in the presence of a Public Safety Officer and the Party Host.
k. Hosts must ensure that proper i.d. checking procedures are followed consistently throughout the party.
l. Food and non-alcoholic beverages must be readily and continuously available to guests whenever alcoholic beverages are served.
m. Guests may be served only one drink per visit to the bar.
n. Bring-your-own-bottle (BYOB) parties are not permitted. Additional alcohol may not be brought into registered parties or alcohol-free events.
o. The noise ordinance of the town of Middlebury prohibits loud noise or disturbance after 10:00 p.m., Sunday through Thursday, and after 1:00 a.m. on Friday and Saturday nights (i.e., Saturday and Sunday mornings). Please note, however, that noise complaints may be registered at any time. Party hosts are responsible for ensuring that party noise is not excessive. Loud music, yelling, and other late-night noise infringe on the rights of neighbors. Guests are responsible for ensuring that while traveling to and from parties they do not disturb neighbors. Violators are subject to fines up to $1,000 by the town and penalties imposed by the College, ranging from the loss of party privileges to disciplinary action.
p. Attendance may not exceed the legal capacity of the reserved space. Party hosts are responsible for regulating the number of guests in order to maintain safe occupancy of the space. Party hosts are expected to call the Department of Public Safety to help limit attendance if crowding during the party becomes a problem.
q. Registered spaces must be cleaned by noon of the day after the party, unless otherwise instructed by a student's Commons office. Functions in public areas (i.e., McCullough Student Center) must be cleaned by 8:00 a.m. of the day after the party. If special custodial service is required following a party, the party host(s) will be billed for that service.
r. Party hosts and guests are responsible for abiding by the College's prohibition on smoking in residence halls.
s. Party hosts should notify resident assistants of parties planned for their residence halls and of the arrangements being made. Resident assistants will consult with the Commons office or senior residence director if any aspect of the party plan seems inappropriate.
t. Residential spaces with designated and secured keg storage areas must return kegs by 5 p.m. on Monday following the weekend party. For residential spaces without designated storage areas, kegs must be returned by 5 p.m. on the day following the party. Kegs found after this time will be considered "unauthorized" or "illegal," and subject to confiscation, fine, and/or disciplinary action. Kegs may not be stored in student rooms of common areas.
2. Private Parties (not catered events)
Private parties are those parties held in spaces connected to or in residential buildings, such as designated residence hall lounges, academic interest and social houses, where attendance is limited to guests who are notified by individual invitation and the host provides the alcohol. Students wishing to register a party must be residents of the Commons for which the space is designated. For example: a student who lives in Painter Hall may register a party in Gifford Annex Lounge (Wonnacott) or a student who lives in Forest Hall may register a party in Pearsons Lounge (Cook). Commons Offices and CCAL maintain a current list of approved party lounges and the corresponding residences. In accordance with Vermont state law, admittance to events at which alcohol is served is limited to invited guests. Party hosts are responsible for properly maintaining a guest list for their function. A Middlebury College Friends catering permit is not required for private parties. For additional information on regulations for private parties please contact CCAL.
Tickets may not be sold, donations may not be solicited, and money may not be collected from guests. Exceptions for the purposes of soliciting charitable donations may be considered by the Director of the Center for Campus Activities and Leadership.
Functions involving the use of hard liquor punch must follow the specified guidelines including the use of an appoved, closed containers. These containers must be requested at the time of Party Registration and are available on a first-come, first-served basis. Complete procedures are available from CCAL, Senior Residence Director and the Commons Office.
3. Social House Private Parties
a. All Handbook policies apply.
b. Social houses using their own lounge areas will register their parties during the academic year with the senior residence director.
c. The host for social house parties must be a resident of the Social House building. For example, a student who lives in Brackett House may register a party for Omega Alpha. In accordance with Vermont state law, admittance to events at which alcohol is served is limited to invited guests. The president of the social house may not be the party host.
d. Social house parties may normally be registered for Friday and Saturday only between the hours of 5:00 p.m. Friday and 2:00 a.m. Saturday, and 12:00 noon and 2:00 a.m. Sunday. Parties for Ridgeline Woods houses may be held until 3:00 a.m. The maximum length of any social house party is five hours, except for the Mill which has a four-hour maximum.
e. The Office of the Dean of Students and the Center for Campus Activities and Leadership provide advisory, leadership development, and programming support for all social houses.
f. After any function, Social Houses must secure all kegs in the designated keg storage areas and must return kegs by 5 p.m. on Monday following the weekend party. For residential spaces without designated storage areas, kegs must be returned by 5 p.m. on the day following the party. Kegs found after this time will be considered "unauthorized" or "illegal," and subject to confiscation, fine, and/or disciplinary action.
g. All parties in Social Houses are assumed to be sanctioned by the full membership of the house. House residences may not be used for private parties of individual members.
4. Catered Events Covered by the Middlebury College Friends (MCF) Catering Permit/p>
Parties or events held in nonresidential spaces (e.g., McCullough Student Center, Center for the Arts, or Nelson Recreation Center must be licensed under the MCF Catering Permit if alcoholic beverages are to be served. All events funded by the Student Government Association Finance Committee at which alcohol is served must be catered, because student fees collected for dissemination through the Finance Committee cannot be used by individuals for the direct purchase of alcohol.
a.Parties held in private residential spaces, such as residence hall lounges or social houses, and funded privately, may be catered if the sponsoring host chooses and makes arrangements with the Dining Events Office.
b. Catered parties must be registered by any Middlebury College student with a Commons office or the Center for Campus Activities and Leadership at least 21 business days in advance in order to allow time for processing by the Vermont Department of Liquor Control.
c. Tickets for a catered event may be sold prior to the event, at the door, and/or at a cash bar. Events may be advertised, but publicity and posters may not make reference to alcoholic beverages, other than to remind students to "please bring two forms of i.d."
d. Under Vermont state regulation, individuals may not take alcoholic beverages to or from a catered event.
e. At all catered events a MCF representative will be in charge of serving alcoholic beverages. The catering manager will determine the appropriate bar staffing and amount of alcohol for catered events.
f. At the discretion of the Dining Events Office, Department of Public Safety officers or private security may be required (at the organizer's expense) for any catered event where alcoholic beverages are being served.
g. Except as noted in this secion, all general party regulations listed in Section 1. above apply to catered events.
5. Outdoor Parties
a. Private parties may be held outdoors if they are an extension of an approved party location such as a small house. Parties in open spaces such as McCullough Quad or Battell Field must be catered.
b. Outdoor parties must be registered within a clearly defined, contained area (i.e., a roped off area) approved by the Department of Public Safety, and alcohol may only be consumed within that area. The host has the same responsibility as for an inside party.
c. Outdoor parties may not start before 5:00 p.m. on Friday or before 12:00 noon on Saturday.
d. Outdoor parties must stop serving alcohol and playing music by 8:30 p.m.
e. Outdoor parties are scheduled at the discretion of the senior residence director, Commons Office, the Office of the Dean of Students designee, or the Center for Campus Activities and Leadership.
6. Tailgate Parties
a. The Department of Public Safety may designate a tailgate area for scheduled athletic contests. Alcohol may be consumed only within the designated area.
b. Tailgating is permitted only before the athletic contest and during intermissions. No tailgating is permitted during the actual athletic contest.
c. Kegs or other common containers are not allowed.
d. The tailgate area will be cleared one-half hour after the contest ends.
D. Class 1 Liquor License Venues on Campus: The Grille; Proctor, Ross, FIC and Atwater Dining
1. Middlebury College maintains a number of Class 1 Vermont liquor licenses. Under such license, beer and wine may be sold at these locations.
2. Vermont law and the conditions of the liquor license forbid serving alcohol to anyone under the legal age (21). The College would risk the loss of its license and potential legal liability if it were to permit underage persons to purchase or consume alcoholic beverages in the Grille.
3. A patron may be served only one alcoholic beverage at a time.
4. Positive proof of age is required to purchase or possess alcoholic beverages. The bartenders and/or managers will determine the validity of identification. Valid forms of identification include a valid driver's license with photograph, a state-issued liquor control i.d. card, a passport, a military i.d. card, or a photographic non-driver i.d. card issued by Vermont or another state. A Middlebury College i.d. is not considered a valid primary form of identification for the purchase of alcohol but can be used as a valid secondary form of identification.
5. Dining bartenders and managers reserve the right to refuse service of alcoholic beverages to anyone.
6. Only alcoholic beverages purchased at the licensed venue may be consumed there. Alcoholic beverages may not be brought in to the licensed venue from outside.
The Grille
a. Serving hours and arrangements will be set at the discretion of the Grille management and in accordance with state law. Event hosts must give Grille Management adequate notice of the event (normally 10 business days minimum).
b. Visitors to the Student Center are welcome to patronize the Grille. A valid Middlebury College i.d. is required to use the Grille's entertainment options (billiards, darts, foosball, video games). Non-Middlebury College student minors who are not accompanied by a parent or legal guardian are not permitted in the facility after 8:00 p.m. and may be asked to leave at any time.
c. Events at the Grille may be prepaid by the host, at the door, and/or have a cash bar. Events may be advertised, but publicity and posters may not make reference to alcoholic beverages, other than to remind students to "please bring two forms of i.d."
Functions at Dining Halls
a. Ross, Atwater, Proctor and FIC Dining Halls do not serve alcohol on a regular basis. Serving hours will be set at the discretion of the Dining Services and in accordance with state law. Event hosts must give the Dining Services office adequate notice of the event.