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Information and resources for

Student Housing

Alcohol Policy

New Mexico State University does not encourage the possession or consumption of alcohol in any of its residential facilities. However, the need to respect the constitutional right to privacy of students precludes the reasonable enforcement of a total ban on alcohol.No individual under the age of 21 may consume alcohol at any location on campus, as this would be a violation of state law. Persons over 21 years of age who wish to consume alcohol in the privacy of their residence hall room/Vista del Monte apartment, must abide by the following specific regulations:

• The consumption of alcohol by persons of legal age must not result in a disturbance to the educational environment in or around the residential area. The rights of the other occupants in the living area must be respected.
  Persons of legal age may consume alcoholic beverages in individual student rooms/apartments that are located in "alcohol allowed" facilities. If any occupant of the room in the “alcohol allowed” facility is under the age of 21, the room / apartment will be considered "alcohol free."
• Open containers are specifically prohibited outside of student rooms/apartments. Thus, containers being carried to or from individual rooms must be factory sealed. Empty containers shall be properly disposed of in trash receptacles.
• Persons possessing alcoholic beverages within residential facilities may be required, at any time to provide proof of their legal right to possess those alcoholic beverages by providing a valid form of identification to a Housing staff member, NMSU police officer, or other university official. Should the person fail to provide valid proof of legal age, appropriate disciplinary action will be taken.
• Doors to individual rooms/apartments shall be closed while legal-age occupants consume alcoholic beverages. No more than six individuals may occupy an individual room when alcohol is being consumed within that room. At Vista del Monte, not more than eight people per apartment where alcohol is being consumed are permitted.
• Kegs, pony kegs, party balls, and alcoholic beverages in punch form are prohibited.
• Selling, either directly or indirectly (such as through donations or solicitations) of alcoholic beverages in the residential areas is prohibited. This restriction shall include the exchange of tickets for alcoholic beverages, or any other means by which alcoholic beverages are provided for a consideration of cash or otherwise.
• Individual room/apartment residents are charged with full responsibility for the conduct of their guests and must take actions to ensure that the guests observe the relevant law and university regulations.
• Advertisements of any kind soliciting attendance at a function or party in individual rooms/apartments where alcoholic beverages are to be consumed are not permitted.
• Possession or consumption of alcoholic beverages in facilities designated as "alcohol free" is not allowed.
  Alcohol and drug violations are considered serious in nature. The potential for these situations to become very disruptive to the community environment is great as is the potential for serious disciplinary action and consequences for students involved in violations of this nature. As such, reiteration of certain policy highlights seems prudent.
• If you are under 21 years of age, you may not possess or consume alcohol, as this would be a violation of state law.
• If you are 21 years of age, you may possess or consume alcohol only in certain areas--- specifically, Regents Row, the Greek Complex, the Vista del Monte Apartment Complex and Student Family Housing. Your possession and consumption must be in accordance with State law and University policy. People under the age of 21 should not be present when alcohol is being consumed in alcohol allowed areas.
• The possession or consumption of alcohol is prohibited in Garcia Hall, WRC, Alumni Avenue and Rhodes-Garrett-Hamiel, regardless of age.
• The use, possession or consumption of any "street" drug (for example, marijuana, cocaine, heroine) is illegal and will be severely dealt with through the discipline system.
• If you are involved in an alcohol or drug violation, your area manager will contact you. Alcohol and drug violations are considered serious and may result in any number of disciplinary actions, including but not limited to disciplinary probation, the issuance of an educational sanction or project, the assessment of an administrative fee, an administrative move, parental notification, or a combination thereof.

If a student is found responsible for a first offense of the Alcohol and Illegal Drug Policy, they are typically required to complete an education program called "Alcohol 101."  This program is designed to educate students on the potential physiological consequences of drug and/or alcohol use from a "harm reduction" standpoint.  Students assigned this sanction are also assessed an administrative fee for the program, which is currently $25.  Students will also be placed on Housing Probation for a period of not less than six weeks.  During the probationary period, if a student is found responsible for any further violations of their housing license agreement, it could result in very serious consequences which could include eviction. 

If a student is found responsible for a second offense of the Alcohol and Illegal Drug Policy, they are typically required to complete an intensive counseling program called "BASICS." BASICS is an acronym for "Brief Alcohol Screening and Intervention for College Students" and is designed to assist students in examining their own behaviors in a judgment free environment.  Student assigned this sanction are also assessed an administrative fee for the program, which is currently $100.  Students will also be placed on Housing Probation for the remainder of the academic year.  During the probationary period, if a student if found responsible for any serious violation of the housing license agreement, it will likely lead to eviction from campus housing. 

If a student is found responsible for a third offense of the Alcohol and Illegal Drug Policy, they are typically evicted from campus housing.  Students who are evicted from housing for behavioral reasons are not entitled to any refund of their housing fees, and may continue to be charged for housing for the remainder of the academic year.  Students who are evicted are usually given a very short amount of time, typically 72 hours, to vacate and find other housing off campus.  Evicted students are also prohibited from any campus housing facility for a designated period of time, usually not less than the remainder of the academic year.  If a student is evicted from housing, the have the right to appeal their eviction to the Eviction Appeal Committee, which will  make the final determination if eviction is the appropriate sanction.  If a student appeals an eviction, they may continue to reside on campus pending the outcome of the appeal, but may be required to relocate to a different housing assignment. 

It is important to realize that our response to drug and alcohol violations can vary by incident.  For example, a student who, while under the influence of drugs or alcohol, assaults another student, causes extreme property damage, or is otherwise a major disruption to the community, may be evicted even if they have no prior judicial record.  Similarly, students found responsible for dealing drugs or using "hard" drugs such as cocaine, heroin, methamphetamines, or similar drugs may also be evicted from campus housing, regardless of their judicial history. 

Parents or guardians are not typically contacted by the Department of Housing and Residential Life, or other New Mexico State University officials, if their son or daughter is found responsible for violating a Housing or University Policy.  Under the federal Family Educational Rights and Privacy Act (FERPA), judicial records are typically not accessible to parents or guardians unless the student specifically waives their rights granted under the FERPA law.  Students can request a Waiver of Rights form by calling 575-646-3202 or stopping by the main Housing Office in the Educational Services Building .  On the form, the student will designate specific individuals whom they wish to allow access to their judicial record.  More information about FERPA can be found at http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html .  

When students check into our communities, they are given a Housing and Residential Life Handbook which describes our policies and our judicial process.  Students are strongly encouraged to read this handbook and become familiar with our policies and our judicial process.  If a student has lost their Handbook , they can obtain an additional handbook free of charge at the appropriate Area Office. 

Questions about Housing and Residential Life policies, the Housing License Agreement, or the judicial process can be directed to Nick Sweeton, Assistant Director of Housing, at 575-646-3202 or nsweeton@nmsu.edu .