The University of North Carolina at Chapel Hill

Alcohol Policies

University Policies

Alcohol Policy

Alcohol Policy: This Policy establishes the standards and regulations regarding alcohol use at the University and by Campus Members (students, student organizations, employees, and visitors), both on and off campus. Student organizations are subject to the same policies regarding alcohol use as individual students.

Alcohol Policy at-a-glance for students.

The Instrument of Student Judicial Governance

The Instrument of Student Judicial Governance: Also known as the “Honor Code” or “The Instrument,” this policy outlines the standards of behavior for all UNC students, specifically regarding driving while under the influence.

File a Report

File a Report: Any person may report a potential violation to The Office of Student Conduct.

MEDICAL AMNESTY

The University places the safety and well-being of students as a high priority, and strives to encourage both bystander assistance and individual calls for Emergency Medical Services (911) at any point a student (or campus visitor) may be experiencing alcohol poisoning/overdose symptoms.  This Policy is to be interpreted in a manner that encourages Campus Members to seek appropriate assistance in the event of an alcohol-related medical emergency or the treatment of an alcohol dependence related condition.

Expanded Medical Amnesty Policy Language

The University wishes to promote an environment where Students are not afraid to seek help due to the added fear of disciplinary repercussions from the University. The University cannot guarantee amnesty from any civil or criminal legal action, or from any legal consequences arising from a student’s violation of local, state, or federal law – though there is a NC Good Samaritan Law that covers many of those legal concerns as well. With these priorities in mind, the Hearing Officer acting pursuant to this Policy may defer or decline formal University disciplinary action for violations of this Policy.

The following are situations in which the University will grant a Student amnesty:

  1. Students in need of emergency medical attention: A Student who seeks medical attention or a Student for whom medical assistance was sought by another Person as a result of the consumption of alcohol and who fully cooperates with emergency responders.
  2. Victim of a crime: A Student who has been the victim of a crime after consuming alcohol and reports the crime to law enforcement or University officials. 
  3. Reporting party: A Student who has experienced or witnessed sexual violence, interpersonal violence, or other violation of the Policy on Prohibited Discrimination, Harassment, and Related Misconduct, or otherwise experienced or witnessed behavior which endangers the health or safety of themselves or others and reports to Law Enforcement or a University faculty or staff member.
  4. Caller or Support Person: A Student, who calls on behalf of or accompanies an impaired individual, remains with that individual until assistance arrives, and fully cooperates with emergency responders.

For students to receive the University’s medical amnesty, they would need to provide their name, comply with directions and if an individual is calling on behalf of someone who needs medical attention they would need to stay with the impacted party. 

**Amnesty applies to the Alcohol Conduct Process pursuant to this Policy. If the Hearing Officer acting pursuant to this Policy determines to defer disciplinary action, a Student may be required to meet with a Hearing Officer or other University employee for the purpose of providing support, resources, educational counseling, or other non-disciplinary interventions as may be appropriate. In situations in which the Hearing Officer grants a deferral through Medical Amnesty, the University withholds disciplinary action. In cases in which a Student does not complete educational interventions, a disciplinary action may be added to the resolution of the case.

State & Local Laws

There are local ordinances and state laws that establish behavior expectations around alcohol.

Underage Drinking/Fake ID

  • Underage Drinking, Purchasing, Consumption, Fake ID to get into alcohol establishment, etc. – All of this is found in one statute, – NCGS § 18B-302.
  • Another Fake ID Statute we sometimes see is NCGS § 14-100.1. This is just the act of possessing a Fake ID, unlike the aforementioned statute which is using a Fake for purposes of entering an establishment that sells alcohol.
  • Occasionally, people are charged with a felony as a result of a Fake ID, specifically, NCGS § 14-100, which is obtaining property by false pretenses.

Open Container

  • We most often see this charged as a city ordinance, specifically C.O. 3-3 (this is the link to chapter 3 of the ordinances, which covers a lot of city offenses for alcohol). This only applies to unfortified wine and malt beverages, not liquor.
  • Open containers of liquor would be covered in the state statute in NCGS § 18B-301.
  • Open containers in cars prohibited by NCGS § 20-138.7.

Misc. City of Chapel Hill Alcohol Violation

DWI (Driving while impaired) Laws

  • NCGS 20-138.1 – DWI (the actual crime of DWI)
  • NCGS 20-179 – the statute that sets out sentencing and aggravating/mitigating factors
  • NCGS 20-138.3 – driving after consuming while under the age of 21 (not quite the same as DWI, but similar punishment. Can be charged in addition to DWI if driver is less than 21 or on its own)

NC Good Samaritan Law (related to alcohol and other drug overdoses)

Under North Carolina’s Good Samaritan Law you may not be prosecuted for certain drug offenses if:

  1. You seek medical assistance for someone experiencing a drug-related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel.
  2. You believe that you are the first person to seek medical assistance for the overdose victim.
  3. You provide your name to the 911 system or to a law enforcement officer upon arrival.
  4. Law enforcement officers were not already at your location executing an arrest warrant, search warrant, or other lawful search.
  5. Any evidence for prosecution of a drug-related offense obtained by a law enforcement authorities was obtained because you sought medical assistance for a drug-related overdose.

**This law is specifically designed for use by Law Enforcement Officers, and does not automatically extend to other entities, including public education entities such as UNC-CH’s Office of Student Conduct or the UNC-CH Instrument of Student Judicial Governance for other drug violations.

 Naloxone and Risk Reduction Resources

Along with a robust prevention, clinical support and recovery services, UNC-CH also provides resources related to risk mitigation and harm reduction. One of our primary services in this area is related to free and anonymous Naloxone distribution through Campus Health Pharmacy and Student Stores Pharmacy.

UNC-CH Safe Haven Practice

Any student at Carolina who finds themselves struggling with alcohol and/or other substance use and desires to seek help towards change, may present to either CAPS or Student Wellness for confidential support, therapy and/or referral to verified off campus providers and treatment programs. Disclosing to CAPS or Student Wellness staff does not negatively affect your UNC standing, and in fact can avail you to additional resources such as assistance with an underload, medical withdrawal, connection with additional resources and ongoing support for the change you may seek.

UNC-CH Recovery Programs

Carolina is deeply invested in supporting all students, and our Carolina Recovery Community (CRC) and programs are provided to support students transitioning back to campus after a leave for substance related treatment, and to connect them with other student peer networks and professionals staff support resources across campus. This program is located within Student Wellness at SASB South.