Policies and Laws

Drug and Alcohol Laws/Policies

Student Conduct Code Alcohol Policies Washington State Drug Laws

Student Conduct Code

For the most up to date information regarding the EWU Student Conduct Code please see the Office of Student Rights and Responsibilities site at http://access.ewu.edu/osrr.

Alcohol Policies

EWU Policy 602-01 Drug and Alcohol Abuse Prevention dated December 13, 2016

Chapter 172-64 WAC, Alcohol Policy at Eastern Washington University Revised June 29, 2015

Note: WAC is an abbreviation of "Washington Administrative Code"

Selected Sections

172-64-010
Policy.

Alcoholic beverages may be possessed, sold, served, and/or consumed on university owned or operated property and/or at university sponsored events and activities only as provided for in this chapter.

Members of the university community are responsible for complying with these rules as well as all state laws regarding the use, possession and/or distribution of alcohol.

The university will respond to reported or suspected violations of these rules and take appropriate action, up to and including referral to law enforcement agencies for criminal prosecution.

University employees, students, and student organizations are subject to disciplinary action for violations of these rules and associated state laws, local ordinances, and university policies.

[Statutory Authority: RCW 28B.35.120(12). WSR 14-24-037, § 172-64-010, filed 11/24/14, effective 12/25/14; WSR 03-18-070, § 172-64-010, filed 8/29/03, effective 9/29/03.]

172-64-020
Alcohol use in university residence halls.

(1) Applicability. This section establishes rules for alcoholic beverages in residence halls that are owned or operated by Eastern Washington University.

(2) General policy. Persons, who are at least twenty-one years old, may possess and consume alcoholic beverages in the privacy of individual residence hall rooms subject to the requirements of this section.

(3) Restrictions.

(a) Consumption of alcoholic beverages is prohibited in any areas of residence halls outside of individual rooms including, but not limited to, hallways, entrances, corridors, lounges, and reception areas.

(b) Doors to individual residence hall rooms must remain closed while alcohol is being consumed.

(d) Selling or providing alcohol to minors is prohibited.

(e) Alcohol is prohibited in any residence hall room where any student living in the room is under twenty-one years old, regardless of whether the under-age student is present or not.

(f) Alcohol may not be consumed in any room where any person present is under twenty-one years old.

(g) Alcohol may not be consumed in any area designated as alcohol-free housing.

(h) Residents in Brewster Hall, who are at least twenty-one years old, may have alcohol in their individual room but not in their common room areas if any of their suitemates are under twenty-one.

(i) Vendors may not deliver alcohol to residence halls or any other campus area except as provided for in WAC 172-64-090.

(j) Alcohol must not be visible to the public when carried into a residence hall.

(k) Alcohol containers may not be used as decorative pieces in residence halls.

(l) Students shall comply with reasonable requests by university staff to provide identification, proof of age, and/or show contents of a container when requested.

(m) Possession and consumption of alcohol in the privacy of individual residence hall rooms must not infringe on the privacy and peace of other individuals.

(n) Residence hall or housing funds may not be used to purchase alcoholic beverages.

(4) Alcohol-free housing. Per RCW 28B.10.575, the university shall notify all students applying for student housing of the availability of housing where all alcoholic beverage use is prohibited. The university shall accommodate student requests for alcohol-free housing.

(5) Awareness. The university shall distribute to students in university residence halls the process for reporting violations and complaints of alcohol and illegal drug use, the policies and procedures for investigating such complaints, and sanctions that may be applied for violations of the institution's alcohol and illegal drug use policies.

[Statutory Authority: RCW 28B.35.120(12). WSR 15-14-077, § 172-64-020, filed 6/29/15, effective 7/30/15; WSR 14-24-037, § 172-64-020, filed 11/24/14, effective 12/25/14; WSR 03-18-070, § 172-64-020, filed 8/29/03, effective 9/29/03.]

172-64-050
Alcohol use during group trips.

(1) This section applies to the possession and consumption of alcoholic beverages by university employees and/or students when participating in a university sponsored or supported group trip including, but not limited to, group attendance at conferences, conventions, seminars, training, field trips, etc.

(2) Unless an exception has been granted per subsection (3) of this section, during supervised periods of a group trip (e.g., when work, instruction, or official business is being conducted) employees and students shall not possess or consume alcohol.

(3) Exceptions may be granted if the trip involves attending a function where the consumption of alcohol is a cultural or social expectation. Examples of such functions include, but are not limited to, receptions, cultural exchanges, and professional gatherings. Requests for exceptions must be made to the appropriate vice president. For approved requests, participants must:

(a) Comply with all applicable local laws; and

(b) Comply with all additional requirements and/or instructions provided as a condition of the approval.

(4) Notwithstanding any other rules or exceptions under this policy, university employees and students shall not:

(a) Consume alcohol during any period of time when they are responsible for the care and/or transportation of other group members;

(b) Transport alcoholic beverages in any vehicle, including personal and rental vehicles, used in support of a group trip.

[Statutory Authority: RCW 28B.35.120(12). WSR 15-14-077, § 172-64-050, filed 6/29/15, effective 7/30/15; WSR 14-24-037, § 172-64-050, filed 11/24/14, effective 12/25/14; WSR 03-18-070, § 172-64-050, filed 8/29/03, effective 9/29/03.]

172-64-100
University enforcement of alcohol policy.

The university may take action under this chapter for any violations over which it has jurisdiction.

Violations of this chapter may also be violations of federal, state, or local laws. A person may face criminal and civil prosecution as well as university disciplinary action for violation of these regulations and/or related laws. University enforcement of this chapter may be carried out prior to, simultaneously with, or following civil or criminal proceedings in the courts.

(1) Student violations. Violations of these rules by students and/or recognized student organizations will be reported to the dean of students for possible action under the Student conduct code, chapter 172-121 WAC.

(2) Employee violations. Violations by university employees may result in disciplinary action, up to and including termination of employment, in accordance with applicable rules, collective bargaining agreements, and university policies.

(3) Guest violations. Guests who violate this chapter may be removed from campus or be given a notice against trespass.

[Statutory Authority: RCW 28B.35.120(12). WSR 14-24-037, § 172-64-100, filed 11/24/14, effective 12/25/14; WSR 03-18-070, § 172-64-100, filed 8/29/03, effective 9/29/03.]

Washington State Drug Laws

Drug-Free Zone

As regulated at Title 21, USC, Section 860: distribution, possession with the intent of distribution, or manufacture of a controlled substance in, or within 1,000 feet of the real property comprising Eastern Washington University, is subject to additional penalties as defined in that code.

The following is a partial list of illicit drugs considered to be controlled substances by the State of Washington (RCW 69.50): Narcotics (opium and cocaine, and all drugs extracted, derived, or synthesized from opium and cocaine, including crack cocaine and heroin); methamphetamine; barbiturates; and hallucinogenic substances (LSD, peyote, mescaline, psilocybin, PCP, THC, MDA, STP).

A. State Penalties for Illegal Sale of Controlled Substances
The illegal sale of any controlled substance is punishable by up to 5 years in prison, $10,000 fine, or both.

B. State Penalties for Illegal Manufacture or Delivery of Controlled Substances
Narcotics: up to 10 years in prison, $25,000-$100,00 fine, or both. Non-narcotics: up to five years in prison, $10,000 fine, or both.

C. State Penalties for Possession of Controlled Substances
Possession of any controlled substance is punishable by up to five years in prison, a $10,000 fine, or both. More severe penalties are provided for persons convicted of providing controlled substances to minors and for repeat offenses.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

Please note: Marijuana remains illegal under federal law and policies regarding marijuana at EWU remain unchanged. The University follows the federal Safe and Drug-Free Schools and Communities Act (20 USC 1145g). It is illegal to produce, distribute or use marijuana on EWU property or during school sanctioned events.

Weapons on Campus

WAC 172-122-120

Weapons.

Violations of this section are subject to appropriate disciplinary or legal action.

(1) Possession, carrying, discharge or other use of any weapon is prohibited on property owned or controlled by Eastern Washington University, except as permitted in subsections (2) through (5) of this section. Examples of weapons under this section include, but are not limited to: Explosives, chemical weapons, shotguns, rifles, pistols, air guns, BB guns, pellet guns, longbows, hunting bows, throwing weapons, stun guns, electroshock weapons, and any item that can be used as an object of intimidation and/or threat, such as replica or look-a-like weapons.

(2) Commissioned law enforcement officers may carry weapons, which have been issued by their respective law enforcement agencies, while on campus or other university controlled property, including residence halls. Law enforcement officers must notify the university police of their presence on campus upon arrival.

(3) A person may possess a personal protection spray device, as authorized by RCW 9.91.160, while on property owned or controlled by Eastern Washington University.

(4) A person may bring a weapon onto campus for display or demonstration purposes directly related to a class or other educational activity, provided that they obtain prior authorization from the university police department. The university police department shall review any such request and may establish conditions to the authorization.

(5) Weapons that are owned by the institution for use in organized recreational activities or by special groups, such as EWU ROTC or university-sponsored clubs or teams, must be stored in a location approved by the university police department. These weapons must be checked out by the advisor or coach and are to be used only in organized recreational activities or by legitimate members of the club or team in the normal course of the club or team's related activity.

[Statutory Authority: RCW 28B.35.120(12). WSR 14-24-040, § 172-122-120, filed 11/24/14, effective 12/25/14; WSR 92-22-001, § 172-122-120, filed 10/21/92, effective 11/21/92.]

Operation of Unmanned Aircraft Systems (UAS)/Drones on Campus

EWU Policy: WAC 172-110 Drone (UAS) Request Form

Operation of Unmanned Aircraft Systems (UAS)/Drones on Campus. Prior to any UAS operations on university property, the UAS Request Form must be completed and submitted to police@ewu.edu for review by the Director of Public Safety. The requestor must also read WAC 172-110, Drones and Model Aircraft.

EWU Policy: WAC 172-110

Effective: December 24, 2015

172-110-010

Scope.

These rules govern the use of drones and model aircraft:

(1) By university employees and students operating a drone or model aircraft in any location as part of their university employment or as part of university activities; and

(2) The operation by any person of a drone or model aircraft on or above Eastern Washington University property.

172-110-020

University approval required.

The operation of drones and model aircraft is regulated by the Federal Aviation Administration (FAA) and relevant state law. Eastern Washington University is committed to ensuring compliance with those legal standards and reducing risks to safety, security and privacy. The use of any drone or model aircraft either on or above university property or by a university employee or student during a university activity is prohibited, unless prior authorization for such use is obtained from the director of public safety in accordance with this chapter.

172-110-030

Definitions.

Throughout this chapter, the following definitions shall apply:

(1) “Eastern Washington University property” includes all buildings, grounds, and land that are owned, leased, occupied, and/or operated by Eastern Washington University.

(2) “Director” means the Eastern Washington University director of public safety or designee.

(3) “Drones” refers to all types of unmanned aircraft systems (UAS) as defined by the Federal Aviation Administration (FAA) and includes any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft and associated elements.

(4) “Model aircraft refers to unmanned aircraft systems that are used solely for hobby and/or recreational purposes. A model aircraft is capable of sustained flight and must be flown within the visual line of sight of the person operating the aircraft.

(5) “Navigable airspace means the airspace of the United States above the minimum altitudes of flight prescribed by the regulations of the FAA, including airspace needed to ensure safety in the takeoff and landing of aircraft.

(6) “Commercial purpose” means the transportation of persons or property or other use of drones for compensation or hire.

172-110-040

University use of drones.

The university, in carrying out its educational, research, and service missions, may make use of drones when granted authorization to do so by the FAA.

A university employee or student who wishes to operate a drone as part of their university employment or an official university activity must contact the director. Any use must be approved in advance by the director. The director will ensure the use complies with FAA regulations and university policy. The director, in conjunction with the requestor, will submit any necessary requests for authorization to the FAA.

Any university employee, student, or unit purchasing a UAS (or the parts to assemble a UAS) with university funds or funds being disbursed through a university account, or grant funds, must contact the director to pursue needed approval(s).

Any use or work on UAS technology by university employees and students must comply with the International Traffic in Arms Regulations, Export Administration Regulations, and Office of Foreign Asset Control regulations.

172-110-050

Nonuniversity use of drones.

Anyone planning to use a drone on or above Eastern Washington University property for a nonuniversity purpose shall:

(1) Obtain approvalfrom the director; (2) Provide proof of FAA approval;

(3) Enter into a contract which holds the university harmless from any resultant claims or harm to individuals and damage to university property; and

(4) Provide proof of insurance as required by the director.

172-110-060

Use of model aircraft.

Use of model aircraft on or above Eastern Washington University property requires the advance approval of the director and is subject to the following restrictions:

(1) Model aircraft must be kept within visual sight line of the operator at all times;

(2) Model aircraft must weigh under fifty-five pounds unless certified by an aeromodeling community-based organization; and

(3) Model aircraft must be flown a sufficient distance from populated areas.

Use of a drone for university purposes, including research and instruction, does not fall within this section and must comply with WAC 172-110-040.

172-110-070

Prohibited locations for use of drones and model aircraft.

The use of drones and model aircraft is prohibited in areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, in and around residential buildings or facilities, individual residential rooms, changing or dressing rooms, health treatment rooms, campus daycare facilities, and university offices and work areas. Drones and model aircraft may not be used to monitor or record institutional or personal information which may be found, for example, on computer or other electronic displays.

172-110-080

Director of public safety.

(1) The director of public safety shall ensure that the use of drones and model aircraft subject to these rules Is in compliance with applicable federal and state laws.

(2) The director shall consider ethical issues related to a proposed use of drones or model aircraft prior to approving such use.

(3) The director shall keep the vice president for business and finance informed of any use of drones or model aircraft under these rules.

(4) In responding to a proposed use of a drone or model aircraft,the director may approve the use as proposed, may require modification of the proposal, or may deny the proposal.

(5) The director may deny any proposed use of a drone or model aircraft that he/she determines constitutes a commercial use or is otherwise not authorized under federal, state, or local laws or regulations.

(6) If the director denies a proposed use, the denial may be appealed, in writing, to the vice president for business and finance.

(7) The director shall provide ongoing review of approved drone and model aircraft use.

(8) With the approval of the vice president for business and finance, the director may develop procedures for implementing these rules.

(9) The director may suspend or terminate any use of drones or model aircraft deemed inconsistent with previously approved use, and/or the requirements of federal, state, or local regulations.

172-110-090

Violations.

The university may trespass or pursue other legal action against persons who violate this chapter.

Damages resulting from the use of drones or model aircraft shall be the responsibility of the persons or units involved.

Drone (UAS) Request Form