Internal possession of alcohol, or unlawful intoxication, has always been against University of New Hampshire policy. It will now be specifically stated in the student handbook due to an increase in the number of student arrests.
Internal possession will now fall within the alcohol and illegal drug policy outlined by the UNH Students Rights and Responsibilities Handbook. Students violating the policy are subject to disciplinary procedures of the Student Conduct System, according to the handbook, including probation or dismissal from the university.
The resolution doesn't influence disciplinary action from the state, and it will be added over winter break. Students will receive an e-mail from administration to inform them about the addition to the handbook.
The student senate passed the resolution on Nov. 2, adopting similar language used by Plymouth State University regarding alcohol consumption. The PSU Student Handbook states "a person under the age of 21 is guilty of a violation if he or she is intoxicated (any amount of alcohol in system) due to consumption of an alcoholic beverage."
Judicial Affairs Council Chair Stephan Boutwell introduced the resolution at the meeting "to inform the students of a state law that they may not be aware of."
The state law Boutwell is referring to is under the statute of Unlawful Possession and Intoxication. It states: "Any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage shall be guilty of a violation and shall be fined a minimum of $250."
Boutwell feared the student body wasn't aware of the laws, because of the number of students arrested for unlawful intoxication. These students didn't have any alcohol on them, but because they exhibited behavior of intoxication and were underage, the police picked them up for violating rules.
UNH Deputy Chief Paul Dean didn't have the statistics to confirm, but said arrests for unlawful intoxication are "common this year especially."
The new resolution clarifies the law of internal possession. Someone who has consumed alcohol is in possession of it internally, and if that individual who is in possession of alcohol is underage, then "it is a violation of state law and thus a violation of university policy," said Student Senate Speaker Nicholas Wolf.
Any violation of state law is a violation of school rules, according to the UNH Student Rights, Rules and Responsibilities Handbook.
Last year UNH campus police made 264 liquor law arrests, compared to 179 in 2006, according to a crime statistics report compiled each year, last updated on Oct. 14. The report does not break down each offense. The crime statistics aren't available for this semester yet, but numbers taken from the UNH police log put the number of alcohol-related arrests around 156. Over 100 were for internal possession/unlawful intoxication.
Currently, only some of the state alcohol laws are mentioned in the handbook. The senate introduced the resolution of adding this law to the handbook so students would know internal consumption is a rule that could affect them.
Attorney Joanne Stella of Student Legal Services, however, said in order for the charges to stick, an underage person must act in the accordance with New Hampshire's definition of an intoxicated individual.
"Just having consumed a beer doesn't make you in violation of the law," said Stella. "If you're stumbling and vomiting on the side of the road, then yes, you've broken the law."
An underage student could be found guilty of breaking the internal possession law if his or her "mental or physical faculties are impaired as a result of drug or alcohol use so as to diminish that person's ability to think and act in a manner in which an ordinary person, in full possession of his faculties and using reasonable care, would act under like circumstances," according to the statute.
Scott Chesney, the director of Residential Life, said knowing the rules doesn't necessarily make a student abide by them.
"No matter how much the policies and likely consequences are stated to students, college-age students will choose to drink, often to excess," he said. "I don't think [adding internal possession to the handbook] will make a difference, because it isn't an issue of ignorance - it's an issue of choice."
Dean echoed those sentiments.
"Students are more concerned with the consequences than the law," he said. "When they know the consequences, they're compliant with the law."
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