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Stay up to date about the alcohol policies, laws and enforcement of the campus and community where you live. An array of initiatives and organizations have expanded and increased enforcement of alcohol and other related violations in Berkeley. UC
Berkeley Policies Student Code of Conduct: The student disciplinary system has been established to resolve alleged violations of University policies or campus regulations by students and student organizations. As members of our academic community and of society at large, students have both rights and responsibilities and are expected to comply with the general law, University policies and campus regulations. The student code of conduct may be accessed from Students Judicial Affairs at http://students.berkeley.edu/osl/sja.asp. Residential Conduct Code: Residents are accountable for adhering to this code within all of the property of the University of California deemed as residential living facilities, including residence halls, University owned apartments, dining commons, administrative buildings, Academic Centers and contiguous areas. City of Berkeley, State and Federal Laws For
detailed information about the following laws you can review:
Enforcement Campus, city and state departments all play roles in enforcing alcohol policies and laws in the campus area. In recent years they have taken a more coordinated approach in order to increase the certainty and effectiveness of enforcement.
The California Department of Alcohol Beverage Control (ABC) enforces the laws of the State of California regarding the manufacture, sale, and consumption of alcohol . ABC officers can respond to any alcohol law violation anywhere in the state of CA. the ABC may work in parallel, though not necessarily together with local law enforcement agencies. Investigators are often undercover and may lie about their identity to protect their cover for the success of the operation and/or their own safety. City
of Berkeley Police (BPD) focuses on public safety and law enforcement.
It has received grant funding from ABC annually since 2004 to implement
specific operations designed to reduce underage drinking. It handles
safety and traffic control on football game days. The Office of Student Conduct (OSC) works to preserve the standards set forth in the Berkeley Campus Code of Student Conduct by investigating and resolving complaints of possible student violations, both academic and non-academic. Any person may file a complaint against a student in possible violation of the Code of Student Conduct. OSC may also independently investigate information concerning student misconduct from any source, such as a police and/or press reports, even where no formal complaint has been filed. Once a complaint is filed through the Office of Student Conduct it initiates a specific set of judicial procedures Resident
Life Judicial Affairs Enforcement Operations and Strategies
Football
Games Officers breathalyze students to establish a general quantity of alcohol use for the purpose of awareness. Because it is not for legal purposes, students can refuse to blow into the breathalyzer regardless of age. Underage drinking is an automatic UCPD citation and entry to the game denied. Campus Conduct citations must be presented at the Student Judicial Affairs Office within a certain period of time to pay a $50 fine and take the alcohol EDU sanctions course online. If over 21 years old - it's at the officer's discretion - given his/her concerns for public or student's own safety. To dispute a Campus Conduct citation or seek recourse for the penalty, contact Student Judicial Affairs office. Party
Patrols While parties are fundamental to the college social experience, the consequences of poorly planned and controlled parties can go way beyond one embarrassing moment or a hangover. Student surveys show that off-campus parties are the largest source of student alcohol-related injuries, assaults, and sexual harassment. Party Patrols are the enforcement strategy which impacts these issues most directly when they reduce the number of parties that spill out onto the street, attract uninvited people, disrupt the sleep and study of others, and foster other harm associated with drinking. If the Party Patrol arrives at an event, they want to talk with the host, the person responsible for the safety of the guests and fellow residents. For noise complaints, they can give Second Response warnings and fines. If they observe things that make them suspect that criminal activity is taking place, including underage drinking, they can enter the house, apartment, etc. to investigate. If
you're at a party that starts to get out of control, call the police
before someone else does. Breaking up your own party can save you a
lot of money and problems later on. There are currently 329 alcohol licensees in Berkeley. Berkeley Police have been doing regular and consistent Minor Decoy Compliance Checks since 2004 when approximately 40% of businesses were caught selling to minors. UC Police Department joined the effort in fall '06 and the two departments conducted 3 Minor Decoy Operations, visited 38 licensees, and caught 4 (10.5%) selling to minors. According to John Carr, Public Information Specialist at CA ABC, the state average is approximately 18%, so the current Berkeley operations seem to be accomplishing their purpose. According to Ed Kikumoto, Policy Director for the Alcohol Policy Network, the Berkeley Minor Decoy Compliance Checks are about as successful as they can be given the strict guidelines the police and decoys must follow. Regulations require that the decoy shall: be less than 20 years of age; display the appearance which could generally be expected of a person under 21 years of age; carry his or her own identification showing the decoy's correct date of birth or shall carry no identification; present their identification upon request to any seller of alcoholic beverages; and answer truthfully any questions about his or her age. Berkeley businesses where Sales of Alcohol to Minors occur receive a notice to appear before the Oakland office of the ABC. They face increased penalties for multiple violations. A first time violation may result in a license suspension of 15 days or a fine of $750 to $3000 (based on annual sales volume). The vast majority of licensees elect to pay the fine rather than suspend alcohol sales for fifteen days. A second sale to a minor within a three year period is an automatic license suspension of 25 days. A third sale to a minor within a three year period may result in license revocation. Actual penalties levied are often aggravated or mitigated by various circumstances, including disciplinary history and attitude of judicial bodies involved. Clerks and servers who illegally sell alcohol to minors in Berkeley receive a ticket and a notice to appear before the Traffic Division of the Superior Court of Alameda where their fine is determined. According to Alameda County bail schedule, the minimum fine is $250 and the maximum is $1000. Why do compliance checks? Compliance checks can save lives! Reducing underage access to alcohol can lower the frequency of problems that increase with teen drinking rates, including teen pregnancy, school dropout rates, violent crimes, fights, vandalism, and traffic crashes. In addition, the financial costs to the US of underage drinking is substantial - an estimated $53 billion annually (NAS 2003). In communities where there is little or no enforcement, individuals who look younger than age 21 can buy alcohol without showing age identification in 45-50% of their attempted purchases (Toomey TL et al, 2001, Perry CL et al, 2002, Forster JL, 1994). When Minor Decoy Compliance Checks are used on a regular basis, the percentage of licensees selling to minors drops dramatically. Two studies from the mid-1990s found that after compliance checks were conducted, sales to underage patrons reduced from 60% to 25% and 80% to 30% (Lewis RK et al 1996, Preusser DF et al 1994). In Concord, New Hampshire, sales to youth decreased from 28% to 10% after quarterly compliance checks - coupled with increased penalties and a media campaign - at 539 off-premise alcohol establishments (Barry R et al 2004). Results of the California Safer Universities survey of UC Berkeley undergraduates in recent years also point to the effectiveness of the Minor Decoy Compliance Checks. The percent of undergraduates who said it is easy to very easy to find a liquor/grocery or convenience store within two miles of campus where they could buy alcohol without showing an ID decreased from 29.5% to 19.4% from 2003 to 2006. In fall 2006 90.4% said it is somewhat to very likely that an underage person will be asked for ID or proof of age if they try to buy alcohol at a store near campus. According to both police departments, business owners and clerks should be warned that state laws and city ordinances pertaining to the sale of alcoholic beverages to minors will be strictly enforced and that Minor Decoy Compliance Checks will be ongoing throughout the academic year. Anyone with information on establishments selling alcoholic beverages to minors is asked to call Berkeley Police Department at 510-981-5900 or UCPD at 510-642-6760 or the ABC Oakland Office at 510-622-4975. Sobriety
Checkpoints and Saturation Patrols In California a DUI can cost anywhere between $5,200 to $10,000, including vehicle towing and storage, increases in auto insurance premiums, fines, court assessments, DUI classes, attorneys fees and more. In addition to any civil or criminal consequences, Cal students may also find themselves subject to disciplinary actions from the University. So regardless of what you may be celebrating, plan your activities with safety in mind. If you are using alcohol, don't over drink or over serve. Pace yourself and don't encourage or force anyone to drink. Whether host or guest, plan for safe transportation in advance and stick to your plan. If you see someone trying to drive impaired, notify local law enforcement in the Berkeley area at 981-5911. Elsewhere call 911 from your cell phone and give the location, description, and, if possible, the license plate number of the vehicle. Don't try to stop, follow or detain the vehicle - leave that to the officers in the field. Some warning signs of a drunk driver include straddling lanes or driving on the center line, driving with headlights off at night, erratic braking or stopping without cause, slow response to traffic signals, turning wide, almost striking another vehicle, following too closely and weaving or zigzagging across the road. Shoulder
Tap Program The following FAQ was initially a result of a Q&A session between Cal students and representatives of various alcohol enforcement authorities held November 15, 2006. We continue to add to the FAQ based on common questions from students about alcohol enforcement issues. If you have a question that is not already covered, please email it to khughes@uhs.berkeley.edu. It will be addressed by enforcement authorities and included in this FAQ. Q:
What are the differences between the various police agencies?
Q:
What and why is the enforcement at the student gate at football games? Officers
breathalyze students to establish a general quantity of alcohol use
for the purpose of awareness. Because it is not for legal purposes,
students can refuse to blow into the breathalyzer regardless of age.
Underage drinking is an automatic UCPD citation and entry to the game
denied. Campus Conduct citations must be presented at the Student Judicial
Affairs Office within a certain period of time to pay a $50 fine and
take the alcohol EDU sanctions course online. If over 21 years old -
it's at the officer's discretion - given his/her concerns for public
or student's own safety. To dispute a Campus Conduct citation or seek
recourse for the penalty, contact Student Judicial Affairs office. Once at the front door, the police may ask to enter as a courtesy. However, if they think they have cause they can enter to investigate without asking, getting permission, or explaining their reasons. Police want to talk to the head of the house, the person who is formally responsible. If the number of guests is above the occupancy, it's a no-brainer. The party will be broken up. If it's loud after 10pm, you may be issued a 2nd Response Notice with or without a fine and given the option of continuing (at the risk of receiving the next level of fine) or having the police help you break up the party. If you believe an officer is acting out of line, you can do the following: 1) ask to speak to or locate a supervisor then and there; 2) contact the officer's agency to file a complaint. Contact information is at the end of these notes. Q:
Isn't breaking up an overcrowded party of 200-300 people and ushering
them out onto the street creating a subsequent safety problem? Q:
There seem to be many more assaults on students from groups coming into
Berkeley from surrounding areas. What's being done to address this? Q:
Can minors be cited for possession of alcohol on private property? Q:
Does the funding or re-funding for the State ABC grant depend on increasing
the number of alcohol violations the police cite?
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PartySafe@Cal
is a program of University Health Services in collaboration with other campus
and community organizations.
The mission is to reduce harm associated with drinking in the campus area.
To volunteer or for more information call 510-642-7202 or email hp@uhs.berkeley.edu.
