Alcohol Enforcement Forum Notes

October 4, 2011

Alcohol Enforcement Forum facilitated by PartySafe at Cal and EAVP’s Safety Director Jon Saltz.

Panelists:

  1. Erin Nebylski – Student Conduct
  2. Sargent Andrew Tucker – UCPD
  3. Officer Jessica Nabozamy – Berkeley Police
  4. Mark Lucia – Attorney for Students
  5. Suraj Bhogal – ASUC Student Advocate’s Conduct Division Director
  6. Alana Early – ASUC Student Advocate’s Grievance Division
  7. George – Southside Resident

 

Student Rights and Liabilities

  1. Conduct: Erin
    1. Education Record: It includes everything about you like your transcript, involvements, conduct violations, etc.
    2. Record follows you for four years or if you get two conduct violations its worst
    3. STUDENT RIGHTS: some type of notification (you are charged with a violation) probably via letter, Choice to meet with conduct officer or not meet with them to get to know him or her, Choice to have an informal hearing or to resolve informally
  2. Legal: Mark
    1. If you are older than 21: You can get an infraction for having an open container or furnishing a minor with alcohol
    2. If you are under 21: minor in possession, a right to a trial, there is a program for first time offenders to get it expunged from your record, this educational program allows you to dismiss your charge with a small fine

Common Alcohol Laws to Clear Up

(From level of severity upwards) citation = infraction (all of these can go to student conduct so you will be dealing with two processes at once if caught)

  1. Minor in possession – citation (they will ask you to sign the citation, it’s just to acknowledge that you are charging you with one, not to acknowledge that you did the crime – don’t be difficult or they can give you another citation for being difficult)
  2. Open Container – citation
  3. Drinking in public – citation
  4. Fake ID – citation
  5. Possession of someone else’s ID is equal to stealing identity – misdemeanor
  6. Furnishing to a minor – misdemeanor
  7. Contributing to the delinquency of a minor – misdemeanor
  8. Driving under the influence (DUI) – misdemeanor or felony depending on severity
  9. Assault – Felony (sometimes associated with alcohol)
  10. Sexual Assault – Felony (sometimes associated with alcohol)
  11. Murder – Felony (sometimes associated with alcohol)

Methods of Alcohol Enforcement

  1. Visible signs, the police will stop you unless its on your property and not causing a nuisance
  2. Sting Operations
    1. Minor deployed into a place that sells to underage (establishment can be shut down)
    2. Shoulder tap someone by a liquor store and ask the to buy liquor for a minor (misdemeanor)
    3. Dorm enforcement

Nuisance and Noise

  1. Exhibit A or First Response
    1. 72 hours to talk to people in student conduct if you are a fraternity, cooperative, student organization
    2. the party must have 10 or more people to be issued an exhibit A
    3. Must have a public nuisance aspect (can be anything): music, movie, talking, karaoke, or any type of LOUDNESS or fighting
    4. Yellow paper must be put in a visible place, because if the police come again you can get an exhibit B or SECOND RESPONSE
  2. Exhibit B or Second Response
    1. They will see your yellow paper/exhibit A
    2. You are officially called a public nuisance
    3. You have to pay 750 for this second response
    4. You pay 1500 for a third response, 2250 for a fourth, etc. (some people have paid up to 10000 and it goes to the city)
  3. Common things to know
    1. There is a common misconception that police cannot enter your home unless they have a search warrent, this is not necessarily true so don’t be rude or they can issue you a first response right away.
    2. Easiest way for a police officer to enter a home is CONSENT. You have the right to say no if they ask if they can come in.
    3. Other ways that police officers can enter your home:
      1. They see a Criminal Act: this is called an investigative emergency where they see some sort of crime, actions must be necessary
      2. They see a need for Emergency Aid: Someone is throwing up from alcohol poisoning or something of that sort and need help, actions must be necessary.
      3. They see a need for Community Caretaking: If the party continues to be a nuisance to the community then they can express any right to enter your home as community caretakers, actions must be necessary.
      4. Also don’t try to hide your people or hide evidence of a crime, because that can cause more trouble.

And then I had to leave for another meeting. but the forum was pretty helpful and cleared up a lot of things.

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