Defending Against Allegations of Alcohol-Related Offenses

Facing accusations of alcohol-related offenses on campus can feel overwhelming, especially when you're already juggling the demands of college life. It's natural to experience anxiety and uncertainty when dealing with such allegations, which can have serious consequences like suspension or even expulsion. These situations threaten not just your academic journey but also your future goals. Colleges and universities face pressure to maintain an orderly and safe learning environment while ensuring students obey both school policies and the law. They have a low burden of proof to find you guilty, and they have broad latitude to decide on disciplinary actions.

Alcohol-related allegations are of particular concern to college students because of the fact that some students are of legal drinking age (and some schools permit these students to consume alcohol). This can easily lead to misunderstandings, mistaken intentions, and false accusations, as school authorities may have difficulty unraveling who was and who was not, in violation of school policies.

That's where the Lento Law Firm's Student Defense Team comes in. We have extensive experience nationwide in defending students nationwide against allegations of alcohol offenses. We understand how to navigate the student disciplinary process to navigate toward a favorable resolution while ensuring your due process rights are protected. To schedule a consultation, call us at 888-535-3686 or reach out using the online form.

Common Alcohol-Related Offenses on College Campuses

Despite the common assumption that college students drink, virtually every college and university has policies within their Student Codes of Conduct restricting the possession and/or use of alcohol on campus. Some schools carry a zero-tolerance policy regarding the presence, possession, or use of alcohol, while others have more permissive policies for students of legal drinking age (even serving beer at ball games and allowing on-campus pubs). However, even students over age 21 can face disciplinary actions for violating certain policies, such as offering alcohol to underage students. Below are some common offenses for which schools may impose disciplinary actions.

Use, Possession, Manufacturing, or Distribution of Alcoholic Beverages

One of the most common alcohol-related offenses on college campuses is the manufacturing, consumption, possession, or distribution of alcoholic beverages or products on campus in violation of school policies. This includes dormitories, classrooms, frat houses, and other facilities under school jurisdiction. Students found engaging in these activities often face disciplinary actions ranging from warnings to suspension or expulsion, depending on the severity and frequency of the offenses.

Constructive Possession of Alcoholic Beverages

"Constructive possession" is another offense wherein students might not physically hold alcohol but have it within an area under their control. This could include a dorm room or vehicle they are responsible for. Such scenarios can lead to disciplinary measures if alcohol is discovered during routine checks or incidents. Students should be aware that simply being in control of a space containing alcohol can constitute an offense, even if they are not actively consuming it.

Public Intoxication

Most colleges and universities have policies against public intoxication on campus or during university-sanctioned events, even those legally allowed to drink. When students are publicly intoxicated, it poses risks not only to their personal safety but also to others around them. The consequences of public intoxication can include academic penalties, legal charges, or mandated participation in educational programs about alcohol abuse.

Underage Use of Alcohol

Underage drinking is a widespread issue on college campuses, especially in schools where alcohol is permitted in certain situations. This includes the purchase or attempted purchase of alcoholic beverages by minors. Schools have strict policies to curb underage drinking, as it not only violates legal standards but also poses health and safety risks to students.

Excessive Use of Alcohol

Excessive drinking refers to instances where students consume alcohol to the point of needing medical attention, becoming incoherent, or losing control of bodily functions. Drinking games at parties often leads to an over-consumption of alcohol, which can put students at severe risk. Encouraging the excessive use of alcohol can lead to severe repercussions.

Illegal Distribution to Minors

Selling or furnishing alcoholic beverages to minors, even attempting to do so, is a serious offense with legal implications that extend beyond campus disciplinary actions. This can occur both on and off campus and may lead to significant penalties. Universities enforce these rules to deter students from engaging in illegal activities that could endanger the welfare of younger students.

Hosting Alcohol-Related Parties

Many schools prohibit the practice of making alcohol available at parties on campus because of the elevated risk of underage drinking and/or overindulgence. Hosting these events can lead to disturbances, safety hazards, and potential legal issues. Universities have strict guidelines to prevent such gatherings.

Common Sanctions for Alcohol-Related Offenses in Colleges and Universities

If you are a student accused of violating school policies regarding alcohol, you can expect the disciplinary process to include an investigation, interviews of witnesses, and informal and/or formal hearings. Most schools utilize the preponderance of the evidence standard in determining a student's guilt or innocence, meaning they only have to find that you are 51 percent likely to have committed the violation. Penalties for these offenses can vary based on the severity of the offense and your level of participation in the incident. If found to be at fault, you could face one or more of the following sanctions:

  • Fines
  • Academic probation
  • Restrictions on campus privileges
  • Mandatory counseling or educational programs
  • Restitution for any damage caused
  • Suspension
  • Expulsion

Why You Need a Student Defense Attorney

Bear in mind that even lesser penalties can have unexpected repercussions on your academic journey and future career, especially if they appear as documentation on your school records. Expulsion can have even more profound effects, including making it more difficult to complete your degree, limiting graduate study options, and impacting your career choices. For this reason, even if you are convinced you have a strong case for innocence, you should have experienced legal counsel in your corner to boost your chances of a favorable outcome.

The Student Defense Team at the Lento Law Firm has many years of proven experience helping students nationwide deal with alleged alcohol-related offenses on college and university campuses. We have the resources, knowledge, and practical experience to ensure your rights are protected throughout the disciplinary process. Our attorneys can investigate the details surrounding your case, handle negotiations with university officials where permitted, and offer clear guidance for defending yourself at disciplinary hearings. Don't leave your future up to chance; contact us today to see how we can help protect your academic and personal interests. Call the Lento Law Firm today at 888-535-3686 or reach out using the online form.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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