Page 38 - Smith College Student Handbook 16-17
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LIABILITY
The student is responsible for their actions and the actions of their guests that result in the loss, theft, or damage to college and/or personal
property. The college remains liable for damages to its property incurred through the negligence of its agents or employees.
The sponsor of a closed function at which alcoholic beverages are served may be legally responsible for monetary damages and legal costs that
result from use of alcohol by guests. The college does not assume any legal responsibility for individuals or groups who are alleged to have
acted in violation of state and local statutes. Legal defense will not be provided by the college.
Laws Governing Alcohol
Various statutes of the Commonwealth of Massachusetts and regulations of the Alcoholic Beverage Control Commission govern the sale,
acquisition, possession, transportation and consumption of alcoholic beverages. In general, some of the pertinent statutes provide that:
No person or group shall sell, deliver, purchase or otherwise procure alcoholic beverages for consumption by a person who is
under 21 years of age. Violators are subject to arrest, criminal charges, fines and imprisonment.
No person shall operate a motor vehicle while under the influence of alcoholic beverages. Violators are subject to arrest, fines,
mandatory court education programs, loss of license and/or imprisonment.
No person under 21 years of age shall transport, purchase, sell, deliver, possess or receive or otherwise procure alcoholic beverages
except in the course of employment. Violators are subject to arrest, criminal charges, fines and imprisonment.
No person, group or organization may sell alcoholic beverages except pursuant to license granted by the Commonwealth through
the local government’s licensing authority.
Alcohol Violations and Sanctions
Sanctions resulting from College Conduct Board deliberations are covered in the SGA Bylaws, Article VIII, Section 11. Please note that this
list is not exhaustive and provides only a range of possible sanctions. The College Conduct Board and designated college administrators with
responsibility for addressing alcohol policy violations will respond to an individual’s educational needs in the sanctioning process. Generally,
sanctions similar to the following will apply:
First violation, typically of a minor nature, may be handled by a designated college administrator who will discuss the violation with
the student involved and document that conversation in a letter to the student. The college may require demonstration of the
student’s successful completion of an on-campus or off-campus alcohol education program;
Serious first violation or subsequent violations will be handled by the College Conduct Board and may require a minimum of one
semester of probation and demonstration of successful completion of an on-campus or off-campus alcohol education program or
other similar activity. Students placed on probation and later found responsible for subsequent violations of Code of Student
Conduct during that probation face the possibility of the College Conduct Board’s recommending their suspension or expulsion.
All students should be aware that current federal statutes permit notification of parents/legal guardians of a student’s violation of college
alcohol policy. Both designated college administrators and conduct boards may recommend to the dean of students that parental/legal
guardian notification occur. The dean of students will make a final determination of the appropriateness of notification, carrying it out if
deemed appropriate. (The dean of students may notify parents/legal guardians without a designated college administrator’s or conduct board’s
recommendation, if the dean possesses information that would support this step.) Each student should note that parental/legal guardian
notification may occur if an underage student is responsible for a violation of the college alcohol policy.
A summary of College Conduct Board sanctions is available through the Dean of Students.
Medical Amnesty Policy
Because health and safety of students are of primary importance, students are encouraged not only to look out for their own health and safety
but also for that of their peers. When a person's health and safety are threatened or appear to be in jeopardy, immediate action should be
taken. The college has developed this Medical Amnesty Policy to remove concerns about conduct board action from the decision to seek
medical assistance for yourself or others.
Do not hesitate to call Smith College Campus Police (x800 for emergency or x2490; 413-585-2490 from non-campus phones) or a residence
life staff member for assistance and guidance. Whatever the particular need/problem, it is important to respond to a health or safety concern
in a responsible and timely manner.
IF A PERSON IS IN NEED OF MEDICAL TREATMENT
An individual who receives emergency medical attention related to their consumption of alcohol will not be subject to conduct board action
for use, possession and distribution of alcoholic beverages, or for public intoxication.
This amnesty is granted to the individual when they meet with:
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