Ohio Admin. Code 3339-16-01

Current through all regulations passed and filed through October 28, 2024
Section 3339-16-01 - Alcohol and university property
(A) Legal and responsible use of alcohol

The right to acquire, possess, and consume alcoholic beverages is limited by laws that establish minimum drinking ages, drinking and driving laws, and so on. Miami university also has established policies on alcohol use on campus and by campus groups. It is incumbent on students, faculty, and staff to become knowledgeable regarding these policies, whether for individual decision making or for planning programs and events for a department or organization, including student organizations

(B) On-campus consumption of alcoholic beverages - compliance with law

All on-campus possession and consumption of alcoholic beverages must be conducted in accordance with Ohio law and university policy regarding the possession, sale, and consumption of alcohol. Specifically:

(1) Individuals under the age of twenty-one may not purchase, possess, or consume beer, wine, or intoxicating liquor. It is also against the law for any person to furnish beer, wine, or intoxicating liquor to any person under twenty-one years of age.
(2) No person shall have in his or her possession any open container of beer, wine, or intoxicating liquor in any public place except where the alcoholic beverage has been lawfully purchased for consumption on the premises of the holder of the appropriate permit from the state department of liquor control.
(3) Only beer and wine (no intoxicating liquor) may be served at on-campus events to which students are invited. Exceptions must be approved, in writing, by the senior vice president for finance and business services.
(C) Alcohol guidelines for faculty and staff
(1) Only those twenty-one and older may consume alcohol
(2) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
(3) Alcohol in unlicensed Miami university facilities requires a temporary periot from the Ohio department of commerce. Please contact conference and event services with a minimum of thirty days advance notice to secure the permit. Events utilizing a temporary license may not serve unlimited drinks for a flat fee or one-time admission charge. A ticketing system must be utilized to comply with rule 4301: 1-1-50 of the Administrative Code.
(D) Faculty and staff
(1) General rules

In the presence of students, faculty and staff are expected to model responsible adult behavior by either abstaining from the use of alcohol or consuming alcohol in moderation. At no time should a member of the faculty or staff be intoxicated in the presence of students or at a university event. In addition:

(a) University faculty and staff may not purchase alcohol for undergraduate students - even if the student is of legal age to consume alcohol. This prohibition applies both on and off-campus, including restaurants, bars, athletic events, alumni events, events with cash bars and study away/abroad trips.
(b) Although strongly discouraged, faculty and staff who elect to purchase or serve alcohol to graduate students do so at their own risk and bear full legal responsibility. Faculty are encouraged to educate themselves about the laws regarding civil liability and to be aware that those who serve alcoholic beverages to underage students may be charged criminally. Faculty who elect to serve graduate students who are of age in their home are strongly encouraged to have a tips trained bartender who can ensure that alcohol is only dispensed to participants who are twenty-one years of age or older and that only a modest amount of alcohol is served.
(c) Faculty and staff should not accompany graduate or undergraduate students to restaurants, bars, clubs, and fraternity houses etc., where they are aware that underage drinking is taking place or where students are intoxicated.
(d) Faculty and staff advisers to student organizations must be especially careful to encourage the student organization to adhere to university policy and civil law concerning the use of alcohol, and must never join them in breaking the law. Rather, they should encourage students to obey civil law and university policy concerning the use of alcohol and help them to understand how to use alcohol in a legal and responsible manner.
(2) Alcohol at university sponsored events - on-campus This paragraph does not apply to intercollegiate athletics sponsored sporting events held in ICA venures on campus. When a department, institute, center, or other university office invites students to a university gathering/event held on-campus, the following will apply:
(a) Events held in licensed university facilities.
(i) Alcohol may only be provided through the facility and must be dispensed by tips trained bartenders.
(ii) Only those twenty-one and older may consume alcohol.
(iii) The event must also include nonalcoholic beverages as an alternative to alcohol and hors d'oeuves must be served.
(iv) If the event is scheduled to last longer than two hours, a meal must be provided, and the bar closed at least one-half hour before the event ends.
(v) If a flat fee for attendance is charged (e.g., ticket is thirty-five dollars), the cost of the alcoholic drinks must be borne by individual consumers (e.g., cash bar) and may not be included in the fee.
(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
(vii) University faculty and staff may not purchase alcohol for students.
(b) Events held in other university facilities:
(i) Alcohol must be purchased from the university and may not be "carried in" by faculty or staff. Alcohol must be dispensed by tips trained bartenders provided by university catering.
(ii) Only those twenty-one and older may consume alcohol.
(iii) No admission fee may be charged and no alcohol may be sold (e.g. no cash bars).
(iv) The hosting department must also provide nonalcoholic beverages as an alternative to alcohol and non-salty snacks must be served.
(v) Events may not be scheduled to last longer than ninety minutes.
(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
(vii) The approval of the senior vice president for finance and business services is required. Please submit request via the form for request for alcohol events held at other facilities.
(c) Alcohol at university sponsored events - off-campus

When a department, institute, center, or other university office invites students to a university gathering/event to be held in an off-campus facility (e.g. restaurant, bars, clubs) the following rules apply:

(i) University faculty and staff may not purchase or provide alcohol for prospective, undergraduate, or graduate students - even if the student is of legal age to consume alcohol.
(ii) Only those twenty-one and older may consume alcohol.
(iii) Departmental funds (including program fees) may not be used to purchase alcohol. Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.
(E) On-campus events sponsored by alcohol companies where alcohol is not served
(1) The promotion and advertising of events sponsored by alcohol companies must be in accordance with Miami university policies. The main focus of such events must not be on promoting and advertising the use of the product.
(2) No alcoholic beverages may be given as prizes or awards.
(3) While listing the name of the company is permissible, symbols of alcohol may not be displayed on posters, signs, banners, or other advertisements for events. No advertisements featuring foaming mugs, cans, glasses, or kegs will be allowed.
(4) Promotion of events sponsored by alcohol companies must not encourage alcohol abuse or emphasize frequency or quantity of use.
(5) Advertising, both for promotion of events and for products, either on campus or in institutional media, should not portray drinking as a solution to personal or academic problems or as a necessary ingredient to social, sexual, or academic success. In addition, it should avoid demeaning or discriminatory portrayals of individuals or groups.
(6) Advertising or promotion of campus events should not associate the consumption of alcoholic beverages with the performance of tasks requiring skilled reactions, such as the operation of motor vehicles or machinery.

Ohio Admin. Code 3339-16-01

Effective: 11/3/2023
Promulgated Under: 111.15
Statutory Authority: 3339.15
Rule Amplifies: 3339.15
Prior Effective Dates: 09/30/1999, 03/21/2005, 10/17/2007, 11/14/2009, 09/17/2010, 10/14/2011, 09/13/2012, 03/09/2018