Local, State and Federal Statutes

It is expected that students will conduct themselves responsibly at all times.  This includes following appropriate local, state and federal statutes.  Generally, behaviors restricted by local, state or federal laws are not appropriate behaviors in which to engage in on campus.  Based on this principle, public indecency, for example, would be inappropriate on campus although a particular Illinois Wesleyan University Code of Conduct policy might not name it specifically.

Local Ordinances for Unlawful Possession or Distribution of Illicit Drugs and/or Alcohol

The City of Bloomington adheres to strict enforcement of laws regarding alcohol and illicit drugs. The legal drinking age in the city of Bloomington is 21. The state of Illinois has a zero tolerance law. Thus, it is illegal for any person under age 21 to possess alcohol in the city of Bloomington or to have alcohol of any amount in their system. It is also unlawful to possess a false ID, to tamper with your ID, or to use someone else's ID. The city ordinances and fines are as follows:

1. Illegal Sale, Gift or Service of Alcoholic Liquor to Persons (Ch. 6 Sec. 26(a) - Fine $250) - This means you can not sell cups, collect money for alcohol at a party, or charge admission. In order to do this you need to have a license with the city of Bloomington.
2. Illegal (Attempt to) Purchase or Acceptance of Alcoholic Liquor (Ch. 6 Sec. 26(b) - Fine $250) - This means you cannot use a fake ID of any type or tamper with your own ID for the purpose of purchasing alcohol.
3. Illegal Order, Sales, Purchase or Delivery of Alcoholic Liquor or Permission Thereof for Persons (Ch. 6 Sec. 26(c) - Fine $250).
4. Drinking or Possession of Open Alcohol on A Public Street or Other Public Property (Ch. 6 Sec. 26(d) - Fine $250) - This means you can not walk around with open alcohol in your possession.
5. Illegal Possession of Alcoholic Liquor (Ch. 6 Sec. 26(e) - Fine $250).
6. Illegal Possession of Alcoholic Liquor by Consumption (Ch. 6 Sec. 26(f) - Fine $250).
7. No Underage or Intoxicated Person in Licensed Premises (Ch. 6 Sec. 27(a) - Fine $250) - The bar entry age in Bloomington for purposes of consuming beverages is 21.
8. Purchasing or Attempting to Purchase Alcoholic Liquor with Fraudulent/False ID (Ch. 6 Sec. 28(g) - Fine $250) - This means fake ID's are illegal and violators will be prosecuted.
9. No Alcoholic Liquor with Broken Seal in Passenger Area of Automobile (Ch. 6 Sec. 30 - Fine $250) - This means you cannot be in possession of alcohol that has been opened in the passenger area of an automobile. Even if you have not drank this alcohol it is still illegal to be in possession of it.
10. Possession of Cannabis (Ch. 28 Sec. 103(a) - Fine $50).
11. Possession of Drug Paraphernalia (Ch. 28 Sec. 103.1 - Fine $250).

Illinois law prohibits a person under the age of 21 from purchasing, accepting, possessing or consuming alcoholic beverages. Penalties for violating those laws, whether or not involving a motor vehicle, may result in the suspension or revocation of driving privileges.

State of Illinois Laws for Hazing

Hazing is illegal in the state of Illinois. Hazing is classified as a Class A misdemeanor, expect in the situation where hazing results in death or great bodily harm; it is then considered a Class 4 felony.

720 ILCS 120/5. Hazing

Section 5. Hazing.
A person commits hazing who knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution if:

1. the act is not sanctioned or authorized by that educational institution; and
2. the act results in bodily harm to any person.

720 ILCS 120/10. Sentence 10
Hazing is a Class A misdemeanor, except hazing that results in death or great bodily harm is a Class 4 felony.

State of Illinois Ordinances for Unlawful Possession or Distribution of Illicit Drugs and/or Alcohol

Underage Drinking

The consumption of alcohol by any person under 21 years of age is illegal. [235 ILCS 5/6-20]

False ID's

Persons under twenty-one who present or offer false evidence for purposes of obtaining or purchasing alcohol may be jailed for up to one year and fined $2,500. [235 ILCS 5/6-16]

Possession by Minor

Persons under twenty-one who possess alcohol on or in any street or public place may be jailed for up to one year and fined $2,500.  [235 ILCS 5/6-16]

Social Host

As of January 1, 2013, Illinois House Bill 1554 places greater accountability on individuals who permit, allow or host gatherings involving alcohol. An individual shall be guilty of a Class A misdemeanor (and face a fine of $500 minimum) for permitting individuals under the age of 21 to possess or consume alcohol at their residence or on their property – even if the gathering is BYOB. When the violation directly or indirectly results in great bodily harm or death to any person, the person who committed the violation shall be guilty of a Class 4 felony.

A social host will be protected from criminal prosecution (i.e., given amnesty) if they request assistance from the police to remove the underage guest who refuses to stop drinking or to end the gathering when guests will not comply. This request for police assistance must be made before any other person makes a formal complaint to law enforcement about the gathering. See the full text of the law.

Illegal Transportation

It is illegal to transport alcoholic beverages in the passenger area of a vehicle. No matter whom the alcohol belongs to, everyone in the vehicle can be charged with illegal transportation. If you are driving the vehicle, your driving privileges will be suspended for 12 months for the first offense. A second offense will result in the revocation of your driving privileges and vehicle registration.  [625 ILCS 5/11-502]

Providing Alcohol to Minors

Illinois law provides for a prison term up to one year and for a fine of not less than $500 for knowingly providing alcohol to persons under twenty-one. [235 ILCS 5/6-16]

Driving Under the Influence

Driving while under the influence of alcohol, drugs, or any combination thereof is against Illinois law. [625 ILCS 5/6-201]. Blood-Alcohol Level (BAL) is the percent of alcohol present in the blood. It is illegal to operate a vehicle in Illinois with a BAL above .00 for drivers underage 21 and at/above .08 for drivers age 21 and over.

Aside from the loss of driving privileges, possible fines and jail time, other consequences caused by drinking and driving may include high insurance costs, mandatory alcohol evaluation and treatment, court and attorney fees and negative long-term effects on your driving record and job opportunities.

Federal Ordinances for Unlawful Possession or Distribution of Illicit Drugs and/or Alcohol

Drug Free Schools and Campuses Act

Illinois Wesleyan University endorses the Drug Free Schools and Campuses Act and the required provisions of that act may be found in the IWU policy statement regarding illicit drugs and alcohol.  In compliance with the Department of Education's Drug Free Schools and Campuses Act (1989, Part 86) as a condition of receiving federal funds, or any form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees.

Federal Student Right to Know and Campus Security Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is the federal law, originally known as the Campus Security Act, and requires colleges and universities across the country to disclose information about crime on and around their campuses.

Expectations of Students When Off Campus

The disciplinary power of the University is inherent in its responsibility to protect its educational purposes and processes through the setting of standards of scholarship and conduct for its students and through the regulation of the use of its facilities.

Established standards of conduct apply to a student whenever she or he is on property owned or affiliated by the University. When students are off-campus, for example studying off campus or participating in study abroad, travel courses, team travel, classes, activities, internships, sporting events, clubs or organizations, they are similarly expected to conduct themselves in accordance with the law. Student behavior off the premises of the campus that may violate any local, state, or federal law, or yields a complaint from others alleging law violations or student misconduct may be reviewed by the University.

While the University has a primary duty to supervise behavior on its premises, there are many circumstances when the off-campus behavior of students affects a substantial University interest and may warrant disciplinary action and or involvement.

Examples of student conduct committed off the campus which affects a substantial university interest are included but not limited to conduct that:

• Constitutes a violation of local, state or federal law. Students traveling out of state or abroad must become cognizant of and compliant ordinances and laws of municipalities and countries.
• Violates established codes of conduct.  Students visiting or being hosted by another institution of higher education must abide by the policies established by that entity.
• Indicates that the student may present a danger or threat to the health or safety of him/herself or others.
• Significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
• Is detrimental to the educational or community interests of the University.