Students’ Responsibility on ASCE Field Trips Presented by Blake Rupard © 2010 Blake Rupard

Students’ Responsibility on

ASCE Field Trips

Presented by Blake Rupard

© 2010 Blake Rupard

Topics Covered

• Expectations from students traveling in university vehicles

• Expectations from students traveling in/operating their own personal vehicles

• Texas Tech drug and alcohol policy

• Texas Open Container Law


Background

• Until recently, Texas Tech did not have a good reputation at ASCE competitions.

• We were known as the “school that likes to party,” and not “the school that competes.”

• Past incidents on ASCE field trips (many involving alcohol) created a serious concern.


Why is this important?

• Our individual behavior and choices can affect the reputation of ourselves, our ASCE student chapter, and Texas Tech University.


Courtesy Samantha McMahon

This is especially important for ASCE field

trips.• There is a lot more risk when traveling.

• Generally, ASCE does not condone nor sponsor events with alcohol present.

• We’re in a different territory where first impressions mean everything.

• Potential employers may be present.

• Prospective students may be present.

• Parents and alumni may be present.


University Vehicle Policies


University Vehicle

• Any vehicle “owned, rented, leased by, or loaned to the University”

• Does not include student’s personal vehicle


University Vehicle Behavior

• Students must be on their best behavior so as not to distract the driver.

• Students must ensure that no laws are broken (specifically alcohol transportation/open container laws).

• Seat belts must be worn by all passengers.

• Students may drive university vehicles, but must meet specified qualifications and be accompanied by an approved university faculty or staff member for university-owned rental vehicles (OP 80.02)


University Vehicle Driver Qualifications

(OP 79.13)

• Must be at least 18 years of age

• Must have held a valid driver’s license for at least two years

• Must be able to provide documentation of current personal automobile liability insurance

• Must comply with 3-year driver record check requirements

• Must not have had any DWI, DUI, or reckless driving convictions


Additional Qualifications for Vehicles With 15 or More Passengers

(OP 79.13)

• Must be at least 20 years of age

• Must complete a 15-passenger van driver-training course

• Must attend 15-passenger van driver retraining annually

• Must not have more than one moving violation in the last 18 months

• Must complete the “15-Passenger Van Inspection Checklist” for each trip


University Vehicle Operator Conduct

(OP 79.13)

• Must take a 15-minute break every three hours

• May drive no more than ten hours in a 24-hour period

• A second person who remains awake at all times must ride in the front passenger seat.


Travel Using Personal Vehicles


Courtesy Samantha McMahon

Texas Tech on Students Using Their Personal Vehicles on Field Trips

(OP 79.13)

• The university discourages the use of personal vehicles.

• Students must be notified in advance that their personal insurance will be responsible for any liability that may arise.

• Mileage costs for the use of personal vehicles to conduct university-related business may be reimbursed.

• Students using personal vehicles are expected to follow all laws and make ethical decisions.


Texas Tech Drug and Alcohol Policy


TTU Code of Student Conduct B.1 - Alcohol

Misconduct or prohibited behavior includes, but is not limited to:

1. Alcoholic Beverages

a. Use, possession, sale, delivery, manufacture or distribution of alcoholic beverages, except as expressly permitted by university policy and federal, state, and/or local law.

b. Being under the influence of alcohol and/or intoxication as defined by federal, state, and/or local law


TTU Student Code of Conduct B.2 - Drugs

Misconduct or prohibited behavior includes, but is not limited to:

2. Narcotics or Drugs

a. Use, possession, sale, delivery, manufacture or distribution of any narcotic, drug, medicine prescribed to someone else, chemical compound or other controlled substance, except as expressly permitted by federal, state, and/or local law

b. Possession of drug-related paraphernalia, except as expressly permitted by federal, state, and/or local law.

c. Being under the influence of narcotics, drugs, medicine prescribed to someone else,

chemical compound or other controlled substance, except as permitted by federal, state, and/or local law.


What does this mean?

Alcohol

• Possession, use, or being under the influence of alcohol is generally not permitted on campus.

• Possession, use, or being under the influence of alcohol is permitted on field trips so long as it occurs off campus and complies with all laws.

Drugs• Possession, use, or being under

the influence of illegal narcotics is not permitted on campus or on university field trips.

• Possession, use, or being under the influence of medicine prescribed to someone else is not permitted on campus or on university field trips.

• Possession of drug related paraphernalia is not permitted on campus but is permitted on field trips so long as it occurs off campus and complies with all laws.


Additional Rules for On-Campus Residence Halls

“The possession or consumption of alcoholic beverages is prohibited on the Texas Tech University campus, including all residence halls. This includes the possession of empty, decorative alcohol containers.”


The Student Judicial Process

1. A written allegation is sent to Student Judicial Services.

2. The student is summoned by mail to appear before a judicial officer.

3. A judicial hearing is set up to discuss the incident. The student is given the opportunity to choose either an administrative or committee hearing.

4. After reviewing all information, the judicial officer or committee will find the student either responsible or not responsible for the alleged offense(s). The student is given the opportunity to appeal the decision.

5. Potential disciplinary sanctions are implemented and kept on file for 7 years before they are destroyed.


Possible Student Judicial Outcomes

(if found responsible)

Alcohol• First violation may include having

to take AlcoholEdu (online educational course), disciplinary probation (up to 1 year), and/or parent/guardian notification.

• Second violation may include all of the above and Raider Assistance Program referral and 1 additional year of disciplinary probation or deferred suspension

• Third violation may result in deferred suspension, possible removal from on-campus housing, and/or possible suspension/expulsion.

Drugs

• First violation may include having to take Marijuana 101 (online educational course), disciplinary probation or suspension (up to 1 year), and/or parent/guardian notification

• Second violation includes possible suspension/expulsion from Texas Tech


Texas Open Container Law


Why is drinking and driving a concern for

Texas?Facts:

• Texas leads the nation in alcohol-related fatalities

• In 2008 alone, there were 13,846 alcohol-related deaths in the United States, 1,463 of which occurred in Texas alone.

DUI Arrests in Texas (Source: Texas DPS)



• A 2008 article in Men’s Health magazine identified three Texas cities that made its top ten list of “America’s Drunkest Cities.”

History of the Law

• Prior to September 1, 2001 there was no law in Texas prohibiting an open container in a passenger vehicle.

• In 1998, the federal government passed the Transportation Equity Act, forcing states to create open container laws or risk having to redirect a portion of their federal-aid highway construction funds for programs set to reduce drunken driving.

• On September 1, 2001, Texas’ 77th Legislature passed laws in order to comply with the Transportation Equity Act.


Texas Penal Code(§ 49. 031)

• “A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.”

• An offense under this section is a class C misdemeanor.


What is defined as an open container?

• “Open container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (§ 49. 031)


What is defined as the passenger area of a motor

vehicle?

• “Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle.”

• There are some exceptions.


What areas does the passenger area not

include?• A glove compartment or similar storage

container that is locked

• The trunk of a vehicle

• The area behind the last upright seat of the vehicle, if the vehicle does not have a trunk

(§ 49. 031)


The following are exempt from the Texas Open

Container Law:

• The passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation (§ 49. 031) • Bus• Taxicab• Limousine• Living quarters of a motorized home or trailer


Texas is not the only state that has an open

container law!• Federally compliant states with open container laws

as of 2008 include: AL, AZ, CA, CO, D.C., FL, GA, HA, ID, IL, ID, IA, KA, KY, ME, MD, MA, MI, MN, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TX, UT, VM, WA, WI,

• States that are not federally compliant but have similar open container laws include: AK, LA, TN, WY

• States that are not federally compliant and allow only passengers in vehicles to possess open containers include: AK, CT, DE, MS, MO, TN, VA, WV

• Only one state in the entire U.S. does not have any sort of open container law…


MississippiOnly state in the U.S. without any open container law.

The other 49 states all have some sort of open container law.


Mississippi State Flag

Other Important Laws to Remember

• Furnishing Alcohol to Minors (Class A Misdemeanor)

• Public Intoxication (Class C misdemeanor/arrest)

• Driving Under the Influence of Alcohol By a Minor (Class C misdemeanor/20-40 hours community service)


Summary

• Students’ behavior can negatively affect the chapter/university’s image.

• Students should be aware of the policies/expectations of riding in a university vehicle.

• Students should also be aware of the expectations of riding in their personal vehicles during university field trips.


Summary

• While alcohol is prohibited on campus, it is not necessarily prohibited on off-campus field trips as long as it is does not conflict with the law.

• ASCE, however, does not encourage drinking, and generally does not sponsor events in which alcohol is present.

• Illegal drugs/medications are prohibited both on and off-campus, except when allowed by law (which is pretty much never).


Summary

• Students should be aware of the Texas Open Container Law both when riding in a university vehicle as well as when riding in/operating a personal vehicle.

• Unless you’re driving in Mississippi, some sort of open container law applies.

• Other acts that may seem harmless, like furnishing alcohol to a minor, may carry heavy fines, mandatory community service, and even jail time.


Sources

• "Code of Student Conduct." Texas Tech Student Judicial Programs. Texas Tech University, 11 005 2009. Web. 26 May 2010. <http://www.depts.ttu.edu/studentjudicialprograms/Code%20of%20Student%20Conduct%202009-2010.pdf>.

• "Residence Hall Policies." Texas Tech University Student Housing. Texas Tech University, 26 005 2010. Web. 26 May 2010. <http://housing.ttu.edu/residence-hall-policies.php>.

• "The Judicial Process." Texas Tech Student Judicial Programs. Texas Tech University, 26 005 2020. Web. 26 May 2010. <http://www.depts.ttu.edu/studentjudicialprograms/process.php#Parental_Notification_>.

• "Raider Assistance Program Referral Form." Texas Tech Student Judicial Programs. Texas Tech University, 26 005 2010. Web. 26 May 2010. <http://www.depts.ttu.edu/studentjudicialprograms/RAP%20Referral%20Form.pdf>.

• "Penal Code." Texas Constitution and Statutes. State of Texas, 01 011 2009. Web. 26 May 2010. <http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm

• "Crime in Texas 2008." Texas Department of Public Safety. Texas Department of Public Safety, 2009. Web. 26 May 2010. <http://www.txdps.state.tx.us/crimereports/08/UCR-27.pdf#page=33>.

• "Open Container Laws." State of Connecticut General Assembly. State of Connecticut, 07 002 2008. Web. 26 May 2010. <http://www.cga.ct.gov/2008/rpt/2008-r-0128.htm>.

• "Traffic Safety Facts: Laws." National Highway Traffic Safety Administration. National Highway Traffic Safety Administration, 004 2004. Web. 26 May 2010. <http://www.nhtsa.gov/people/injury/new-fact-sheet03/OpenContainer.pdf>.

• "Title 4. Regulatory and Penal Provisions." Texas Alcoholic Beverage Commission. State of Texas, 01 009 2009. Web. 26 May 2010. <http://www.tabc.state.tx.us/laws/code/81st/Title4.pdf>.


Sources

• "Vehicle Rental Office - Checkout Procedure." Texas Tech Operating Policy and Procedure. Texas Tech University, 19 005 2009. Web. 26 May 2010. <http://www.depts.ttu.edu/opmanual/OP80.02.pdf>.

• "Planning a Trip? Going to drive?." Texas Tech Office of Risk Management. Texas Tech University, 2002. Web. 26 May 2010. <http://www.texastech.edu/System/riskmang/Plan_A_Trip.html

• "University-related Travel by Motor Vehicle, Commericial Carrier, and Aircraft." Texas Tech Operating Policy and Procedure. Texas Tech University, 23 007 2009. Web. 26 May 2010. <http://www.depts.ttu.edu/opmanual/OP79.13.pdf>.

• "Advisor resources." American Society of Civil Engineers. American Society of Civil Engineers, 2009. Web. 26 May 2010. <http://www.asce.org/Content.aspx?id=18578>.

• Pennepacker, Kathleen. "America's Drunkest Cities." Men's Health 001 2009: 9. Web. 26 May 2010. <http://www.menshealth.com/mhlists/Americas-Drunkest-Cities/Lubbock-TX.php#slidetop>.

• "2008 Drunk Driving Statistics." Alcohol Alert! . Alcohol Alert, 2010. Web. 26 May 2010. <http://www.alcoholalert.com/drunk-driving-statistics.html>.


Multimedia Credits

• "Ford 15 Passenger Van." Bultman Lumousine. Web. 26 May 2010. <http://www.gblimo.com/vehicles/images/Ford_15_Passenger_Van.jpg>.

• "MS-Flag." Patriot News Alert. Web. 26 May 2010. <http://www.patriotnewsalert.com/ms-flag.gif>.

• "Driving Under the Influence." Clker. Web. 26 May 2010. <http://www.clker.com/cliparts/3/7/0/a/12480598901251895854dui-dwi-driving-under-influence.svg.med.png>.

• "Big Double T." Texas Tech Office of Communications & Marketing. Web. 26 May 2010. <http://www.depts.ttu.edu/communications/media/images/campus/big-double-t-med.jpg>.

• "ASCE Shield." American Society of Civil Engineers. Web. 26 May 2010. <http://www.asce.org/uploadedImages/Public_Policies_and_Priorities_-_New/ASCE_Shield.gif>.

• "TTPD." Texas Tech Police Department. Web. 26 May 2010. <http://www.depts.ttu.edu/ttpd/Clery/ttpd_clery_08.pdf>.

• "State Trooper." Dallas Observer. Web. 26 May 2010. <http://blogs.dallasobserver.com/unfairpark/statetrooper.jpg>.

• "Guns Up Crowd." Texas Tech University Office of Communications and Marketing. Web. 26 May 2010. <http://www.depts.ttu.edu/communications/news/stories/images/guns-up/guns-crowd3-lg.jpg>.


Questions?


Documents

Students’ Responsibility on ASCE Field Trips Presented by Blake Rupard © 2010 Blake Rupard