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Consider this possible scenario: It's the first couple weeks of fall semester, freshman year. Parties are everywhere. Your college student goes to a party, maybe at a frat, maybe on campus, maybe off campus. Lots of students there are under 21, lots of students drinking. It's 1 a.m. and, no surprise, the police pull up to break up the party. Your child leaves like everyone else. But on the way back to the dorm, he is stopped by the police, gets the flashlight shined in his eyes and is asked, "how much have you had?" He answers honestly "2 beers" and winds up with a summons for possession of alcohol. So what happens now?
Sanctioned twice? University disciplinary action and local law enforcement
The summons might be issued by campus police or the local police...which means your child may be subject to disciplinary action by the university and/or local law enforcement. It is important to understand both the legal process as well as the university's disciplinary process as it relates to the violation. For example, Virginia Tech's alcohol policy states "If you are arrested or receive a summons for an alcohol related violation within the town of Blacksburg or in Montgomery County your case will be referred to the Virginia Tech judicial system for further action."
It's the law
In 1987, the Commonwealth of Virginia raised the legal drinking age (LDA) to 21 for all alcoholic beverages, after years of varied LDA's for beer vs. liquor. The Virginia Alcohol Beverage Control's website offers this quick synopsis of underage drinking laws:
- It is illegal for anyone under 21 to purchase, possess or consume any alcoholic beverage.
- No one under 21 may use an altered or fake ID such as a driver's license, birth certificate or student identification card to establish a false identification or false age to purchase an alcoholic beverage.
- Violators of this section shall be guilty of a Class 1 misdemeanor and, upon conviction, can lose their driver's license for up to one year and face a minimum fine of $500 or a mandatory minimum of 50 hours of community service and a maximum sentence of up to one year in jail and/or a $2,500 fine. Code of Virginia 4.1-305
What is the alcohol policy at your child's school?
You and your child should be aware of his college's policies regarding alcohol. Check the school's website, or for a state-by-state listing, go to www.collegedrinkingprevention.gov/policies, as policies vary by school. In Virginia, George Mason University prohibits alcohol in any first year residential area, regardless of age of the freshman. James Madison University's policy reminds students that underage possession or purchase of alcohol is punishable by up to 12 months in jail, a fine of $2500, or both and possible loss of a driver's license for up to a year. The University of Virginia has an extensive policy regarding alcohol on campus; their student-athletes are subject to additional policies as well.
What are the sanctions for violations of the alcohol policy?
Colleges publish detailed information on the disciplinary process for infractions of school policies, usually found in a student handbook of some kind. The policies are easy to find on the school's website. However, the process and sanctions vary by university. Here's an example (from the College of William and Mary's website):
- Any student who violates the alcohol policy could receive any sanction from a warning to dismissal from the College.
- Sanctioning depends upon the nature and circumstances of the violation in addition to several other factors, but in general:
- First violation: Warning or Probation, alcohol education, other task or service participation
- Second violation: Probation or higher, intense education, possible service, other appropriate sanctions
- Third violation: Suspension or higher, intense education, other appropriate sanctions
Stronger enforcement means more arrests
Spend a minute with your student to discuss the legal and university ramifications of underage drinking. Times have changed since you were in school, when many a college turned a blind eye to the keg and grain parties. Not anymore. A 2002 Task Force on College Drinking, supported by the National Institutes of Alcohol Abuse, put in motion an extensive series of prevention and awareness programs that have been adopted by hundreds of colleges. In addition, stronger enforcement means increased arrests. According to the Virginia State Police Crime in Virginia reports, arrests of those under age 21 for liquor law violations increased 35% between 2004 and 2007.
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