In determining appropriate accountability measures, the College is committed to providing consistency to students in violation of similar policies, while recognizing the circumstance and impact varies greatly for individual students. All outcomes and sanctions are guided by principles found in our Norms for Community Living and Standards for Student Accountability:

1. Providing students with the tools to live and learn in a healthy and safe community
2. Promoting individual growth, accountability for behavior, and informed decision making

Students that violate policies, such as possession of alcohol underage, possession of drug paraphernalia, or possessing an open container in a public space will be expected to meet with a staff member in the Division of Justice, Equity, and Antiracism, and if found responsible will likely be connected and referred to an on-campus office (i.e., Prevention & Education, Health & Counseling Services, etc.), community resource, or program and workshop as part of the educational and accountability process.

Students who have more severe policy violations, repeat violations, and/or those with a greater impact on the community will also be eligible for alcohol and other drug circles, additional individualized educational accountability measures, meeting with Prevention & Education, participation in our BASICS program, and may also receive a Deferred Status [3]accountability measure.

Students transported to the hospital for alcohol and other drug overuse/abuse may qualify for alcohol and other drug amnesty. In order to earn amnesty, the student must meet with a designated staff member, as requested by the staff member, for a brief Intervention meeting and successfully complete an accountability measures, which may include the BASICS program.  Students who are of legal age to consume alcohol and are transported for overuse/abuse may also qualify for alcohol and other drug amnesty.

Continued violations of policy including those that cause significant concern for community members will require additional meetings with College staff, and if found responsible will result in an assigned accountability and community restoration plan that may consist of a variety of accountability measures.

Community Standards administrators as designed by the College, have the right to deviate from these accountability and community restoration plan guidelines if after meeting with a student a different path would be more beneficial to the student’s growth and success. Accountability measure definitions specific to alcohol and other drugs can be found here [4].

Hampshire College’s alcohol policy is guided by and abides by laws regarding such matters in the Commonwealth of Massachusetts and the town of Amherst. The acquisition, possession, transportation, consumption, and distribution of alcoholic beverages is governed by statute and regulation. For the full text of the law, please see chapter 138 of the Massachusetts General Laws [5].

The following outlines the policy including application of the policy for students who are of a legal drinking age:

• A person must be 21 years of age or older to purchase, possess, consume, and transport alcoholic beverages.
• Any alcoholic beverage found in the possession of someone under 21 years of age may be confiscated. 
• For students residing in College housing, alcohol may be stored only in the private rooms of those who are of legal age to drink alcohol, and those individuals may store only their own alcohol for private use.
• Alcoholic beverages may not be stored in common spaces in College housing, except for those common spaces of campus apartments where all residents are 21 years of age or older.
• Students transported to the hospital or assessed medical attention for over consumption of alcohol, whether of legal age or not, may be in violation of the alcohol policy and may qualify for Alcohol and Other Drug Amnesty [4].
• Purchasing or delivering a drink to anyone under the legal drinking age is a violation of law and of Hampshire policy.
• The possession of open containers of alcoholic beverages in public violates Hampshire College policy and Amherst town law. Possession of open containers of alcoholic beverages outdoors and in common areas of the College is prohibited in the absence of a registered social event. The private rooms and offices of community members 21 years of age or older and the residence common spaces of campus apartments where all residents are 21 years of age or older are the only exceptions to this.
• It is a violation of Hampshire policy and Massachusetts law to willfully misrepresent one’s age or the age of another person in order to purchase or receive alcoholic beverages.
• No person may serve an alcoholic beverage to a person who is obviously intoxicated.
• No alcohol may be served at a social event after 1:00 a.m.
• Possession of kegs of alcohol is permitted only with a permit from the town of Amherst. A town permit must be applied for from the Amherst police chief at least one week prior to the event.
• Beer kegs are not permitted on campus without the prior approval of the area coordinator for the area for parties in student residences and the appropriate student life professional for all campus events. In all cases, a copy of the completed permit must be provided to campus safety and wellbeing [6] prior to the event.

Events with Alcohol
A person, group, or organization may not sell alcoholic beverages, or charge admission to an event where alcoholic beverages are served, unless a license is obtained from the local licensing authority, the Amherst Board of Selectmen [7].

• A social event on the Hampshire College campus is considered to be any gathering at which more than 15 people are in attendance.
• The availability of alcohol may not be contained in the off-campus advertising, including postings online, of any event. On-campus advertising may indicate alcohol may be served to persons over the age of 21, but amounts of alcohol may not be publicized. Alcohol should not, in any context, be the central focus of any event, and may not be advertised as such. No advertisement may contain the offering of free alcohol at any time.
• At all social events where alcohol is served, nonalcoholic beverages and food must be provided by the sponsor of the event in adequate proportion to the alcoholic beverages on hand, and must be available for as long as alcohol is served.

For more information on sponsoring an event with alcohol on campus please visit student engagement [8]or speak with a residence life coordinator to discuss registering an event with alcohol in a student residence [9].

Students who seek and/or receive medical assistance for themselves or someone else for alcohol and other drug use will neither be subject to community standards nor notation on their educational record for the sole violation of using or possessing a substance. Alcohol and other drug amnesty is not automatic; the criteria that must be met to receive amnesty are outlined below.

The College is committed to providing support and assistance to students who experience negative consequences related to substance use. In cases of alcohol and other drug overuse, the primary concern is for the health and safety of the individual(s) involved.

The goal of the alcohol and other drug amnesty policy, which encompasses both medical amnesty and bystander amnesty, is to decrease the risk that a student will hesitate to seek help in an alcohol and other drug-related emergency. Alcohol and other drug amnesty policies are common on college campuses and are intended to encourage safety and responsibility throughout the community. These policies promote education and/or treatment instead of punishment for individuals who receive emergency medical attention or seek medical attention for others in order to reduce the risk of future occurrences.

Individuals who need medical assistance for themselves or others are strongly encouraged to call campus safety & wellbeing (x5424 from an on campus phone or 413.559.5424 from a cell phone).

Please note that students granted alcohol and other drug amnesty will not be exempt from sanctions resulting from other policy violations committed while under the influence of alcohol or other drugs. Students will be expected to take responsibility for any negative impact their behaviors had on others or the environment (e.g., property damage).

How to Receive Medical Amnesty
Medical amnesty is not automatic and is earned only once a student has completed the following:

• Met with a member of the professional student success and engagement and/or community care and wellbeing staff upon request by the staff member for a brief intervention and support meeting/discussion.
• Complete assigned educational measures and programs as assigned by a College staff member.
• Successfully completed any additional educational/wellness activities discussed in either of the above meetings

Not completing any of the steps listed above will be grounds for a community standards review either through informal or formal resolution methods.

Students may be granted medical amnesty only once during their enrollment as a Hampshire College student, because repeated community standards violations compromise not only one’s personal health and safety, but also that of the community. Students who require medical assistance due to alcohol or other drug overuse more than once may be subject to accountability measures, such as, but not limited to deferred accountability statuses, warning, administrative notice, and/or additional educational/wellness accountability measures.
 

How to Receive Bystander Amnesty
Bystanders who seek medical assistance on behalf of others will neither be subject to accountability measures nor notation on their educational record for the sole violation of using or possessing a substance themselves, including bystanders who are also assisting the person in need of medical attention, not solely the person placing the call for help. Bystander amnesty is not automatic and is earned only once a student has completed the following:

• Met with a professional staff member in student success and engagement and/or community care and wellbeing upon request by that staff member.*
• Successfully completed any educational/wellness activities discussed in their meeting.

*This is not a community standards review or administrative/CSRB hearing; however, failure to attend and participate in the meeting will be grounds for community standards review.

There is no limit to the number of times a student can receive bystander amnesty, because Hampshire College strives to create a community in which students are willing and expected to seek help for others in need.

The unlawful manufacture, dispensing, possession, or use of a controlled substance on the Hampshire College campus or as part of any College activity or business off the College premises is prohibited. This includes the unlawful or unauthorized use of prescription and over-the-counter drugs. If a student is found responsible for violation of this policy, accountability measures up to and including expulsion and referral for prosecution may result as deemed appropriate by the office of community standards and student accountability following review through the community standards process. [10] Minor violations of policy are likely to result in a community standards review and an assigned accountability and community restoration plan.

Local, state, and federal laws make illegal use of drugs and alcohol a serious crime. Conviction can lead to imprisonment, fines, assigned community service, and loss of federal financial aid funds. A felony conviction for such an offense can prevent you from entering many fields of employment or professions. Massachusetts has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, narcotics, addictive drugs, and drugs with high potential for abuse have heavier penalties.

In addition, it is illegal under Massachusetts State law to be in a place where heroin is kept and to be in the company of a person known to possess heroin.

The College is subject to federal laws, including the Drug Free Schools and Communities Act and the Drug Free Workplace Act, that require recipients of federal funds to prohibit the use, possession and cultivation of marijuana at educational institutions, regardless of state law. These regulations apply to all members of the campus community.

• The use, possession, or growing of marijuana is not permitted at Hampshire College, on any other College property, or at College sponsored events on or off campus.
• Possession of marijuana paraphernalia is not permitted at Hampshire College, on any other College property, or at College sponsored events on or off campus.

Drug paraphernalia is defined under Massachusetts State Law [11] as, items “one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance.”

Persons convicted of drug possession under state or federal laws are ineligible for federal student grants and loans for up to one year after the first conviction, five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, ten years after the second, and permanently after the third.

Statement on Medical and Adult Use of Marijuana
Hampshire College receives federal funding through Title IV in the form of student financial aid (grants, loans, and work-study programs) and through federal research grants. As a condition of accepting this money, Hampshire is required to certify that it complies with the Drug-Free Schools and Communities Act (DFSCA) (20 U.S.C. 1011i; 34 C.F.R. part 86). The federal government regulates drugs through the Controlled Substances Act (CSA), which does not recognize the difference between medical and adult use of marijuana. Thus, to comply with the Federal Drug Free School and Communities Act and avoid losing federal funding, Hampshire College prohibits all marijuana use, including medical marijuana, and students may be sanctioned for its use.

Therefore, marijuana prescribed for medical purposes or obtained legally is prohibited at Hampshire College even though Massachusetts state law permits its use. Students who have a documented disability may apply for accommodations, including a waiver of the campus residency requirement, through the housing-based accommodation request process. As with any housing accommodation request, the College will engage in an interactive process to determine reasonable accommodations for the disability. Accommodations may be given that support a student's on-campus residency requirement or waive the residency requirement. Please consult with the Accessibility Resources and Services [12] office for accommodation request processes.