Party Manual

Things to Know
Before You Go

INTRODUCTION

Clients contact us every day seeking advice on what to do because they have been charged with some kind of crime. These are not hardened criminals; they are students at IU-Bloomington who got caught and have been charged with crimes such as underage consumption or public intoxication. While these are relatively minor crimes, they are crimes, and should be taken seriously. A criminal record or University disciplinary record can jeopardize a student’s future in many ways that aren’t foreseeable, but some that are foreseeable include the possibility of not being able to pursue certain careers paths, such as accounting or the law, and not being admitted into graduate school.

While parties for the most part are a good way to blow off steam with friends and meet new people, they can get you into trouble if you don’t know what is expected of you under local and state laws, and the Code of Student Rights, Responsibilities, and Conduct.

This Manual provides some information on local ordinances, state laws and University regulations that can be particularly relevant to what happens at parties, especially parties where alcohol is being served. And, based upon these laws and regulations, we have included a few helpful hints on how to stay out of trouble when you host or attend a party.

SOME SPECIFIC CRIMINAL OFFENSES

This section describes criminal charges that can result from irresponsible or simply uninformed party behavior. Most of these offenses are misdemeanors, and carry a maximum penalty of 180 days jail time and/or a fine of $1,000.00.

Public Intoxication

It is illegal to be intoxicated in a public place, even if you are not being disorderly or otherwise causing any trouble. “Public place” includes, but is not limited to, sidewalks, streets, parking lots, common areas in apartment buildings and hotels, automobiles, and pretty much any place else that is accessible to and used by the general public and isn’t a private residence.

Illegal Possession of Alcohol

It is illegal in Indiana for a minor (anyone under the age of 21) to possess alcohol. Just holding a container of beer if you’re not yet 21 may result in criminal charges. In addition, your driver’s license may be suspended for up to a year if you illegally possess alcohol while operating a vehicle.

Illegal Transportation of Alcohol

If you aren’t 21, unless you have a parent or guardian along for the ride, you can be charged with illegal transportation for having alcohol in your car while driving on a public road. This is true even if the container isn’t open, is locked in the trunk of the car, and you, the minor, have no intention of opening it. In Bloomington, minors are charged most commonly with illegal transportation when they drive their of-age friends to the liquor store to buy alcohol, and are caught by the police who often stake out liquor store parking lots.

Consumption by a Minor

You don’t have to be intoxicated to be charged with illegal consumption of alcohol. Any amount, just a drop, is illegal, and can result in criminal charges. This means that if you are breathalyzed and any alcohol is found to be in your system, even if well below the legal limits for intoxication, you can be charged with illegal consumption. If you are underage and the police see you drinking alcohol, you can be charged. Also, as with illegal consumption, your driver’s license may be suspended for up to a year if you consume alcohol while operating a motor vehicle.

Furnishing Alcohol to a Minor

It is illegal to recklessly provide or furnish alcohol to a minor. If, as a host, you fail to make a serious inquiry into the age of people drinking at your party, you may be liable. Visiting or Maintaining a Common Nuisance If any illegal drugs are being used at your party, even if you aren’t using them, you can still be charged with a crime; this is “Maintaining a Common Nuisance,” and is a felony, which is a more serious charge than a misdemeanor, and carries more severe penalties. If you attend a party where drugs are being used (again, even if you aren’t using them) you can be charged with the crime of “Visiting a Common Nuisance.”

Public Nudity

This comes up most commonly in the context of urinating in public. You can actually be charged with the crime of “Public Nudity” for urinating in a public place. This includes alleys behind bars and parking lots.

Furnishing and Possession of False Identification

It is a crime to provide a false I.D., whether a manufactured fake or the I.D. of another person, to a minor for the purpose of enabling the minor to purchase or possess alcohol. It is also illegal for a minor to be in possession of a false I.D.

NON-CRIMINAL HAZARDS

In addition to the criminal liabilities outlined above, parties often give rise to civil liabilities, typically those listed below:

Noise Violations

The City of Bloomington prohibits excessive noise, meaning any noise likely to annoy or disturb someone outside of your immediate vicinity between the hours of 9:00 p.m. and 7:00 a.m. Loud music, yelling and general party noise are reported to the police in Bloomington all the time, and if you are the tenant hosting a party that is reported, you will likely be facing a $50.00 fine for violation of the noise ordinance.

Littering/Trash Violations

It is a violation of Bloomington ordinance to throw, place or scatter garbage in your yard, as well as on sidewalks and streets. Provide trash cans for people attending your party to dispose of cups, plates and any other trash, and pick up after those who don’t use the cans provided. If you leave trash lying around, again, even if it’s in your own yard, you can be fined $50.00 by the City for violation of the ordinance on trash disposal.

Lease Violations

Your lease may have clauses which allow the landlord to commence eviction proceedings for certain criminal violations. These may include use and/or sale of illegal drugs, serving alcohol to a minor, and even consumption of alcohol by a minor.

UNIVERSITY CONSEQUENCES

Students at IU-Bloomington may be charged and disciplined by the University for alleged violations of the Indiana University Code of Student Rights, Responsibilities, and Conduct. Information that criminal charges have been filed against an IU student will be turned over to University officials by local law enforcement agencies for the University to investigate and determine whether a Code violation has taken place and whether disciplinary measures should be pursued. This is true even if the incident occurred off campus and the student is eventually acquitted of the charges, or the criminal charges dismissed. Sanctions for Code violations range from a reprimand and warning to expulsion from the University, depending upon the severity of the Code violation, and whether the student has any prior violations in their University record. Cases that are addressed through the campus judicial system are likely to result in a disciplinary record that can also have future ramifications for the student.

IF THE POLICE COME TO YOUR PARTY

First and foremost, be polite. Being aggressive or surly with the police will only make matters worse. Identify yourself as the host and if you are requested to do so, you are required to show some sort of identification. Remember, unless they have a good faith belief that someone is in danger or some other emergency exists, the police must have either a search warrant or consent to enter your house. If you are arrested, don’t resist or try to avoid the police. This causes you to be liable for resisting arrest. Most importantly, DON’T SAY ANYTHING: you have the right to remain silent. You don’t have to answer any questions the police ask unless you have an attorney present, and anything that you say can and will be used against you.

CONCLUSION

Responsibility and moderation are the keys to enjoying a party without the unfortunate result of police intervention. Keeping in mind the risks of criminal or irresponsible alcohol and drug use, as well as the responsibilities both the guest and host must accept, allows for an enjoyable party without disruptions from violent behavior or police intervention.

MINIMIZING YOUR RISKS

The following is a brief guideline which should help you minimize the risks of either civil or criminal liability from a party.

Things to do:

• Be considerate of neighbors
• Monitor how much people are drinking
• Control the noise level
• Be polite to the police
• Use bathrooms not bushes
• Use trash containers, not the ground
• Make sure those under 21 are not drinking Leave your drinks behind when you leave a party
• Know the law and IU policy regarding sexual contact with someone who is impaired. (See Code, Part II Section H.20 Physical abuse of any person, including: sexual assault, including while any person involved is in an impaired state; and sexual contact with another person without consent, including while any person involved is in an impaired state.)

Things not to do:

• Don’t walk in the streets with open alcohol, or when visibly intoxicated
• Don’t allow drunk people to drive
• Don’t drive with alcohol in your car if you are under 21
• Don’t play the radio, etc. loudly between 9:00 p.m. and 7:00 a.m.
• Don’t be careless about sexual activity when you or the other person has been drinking

POTENTIAL CONSEQUENCES

The consequences of the violations described in this pamphlet involve a wide range of penalties, which depend on the severity of the crime. These penalties include, but are not limited to the following:

• Fines and court costs
• Probation Community service
• University Sanctions
• Criminal conviction
• Imprisonment
• Drivers license suspension or revocation

Some phone numbers that might come in handy:

• Monroe County Public Defender 349-2590
• Pretrial Diversion Program 349-2823
• Infraction Diversion Program 349-2685
• Monroe County Prosecutor 349-2670
• Monroe County Clerk 349-2600
• Bloomington Police Department 349-4477
• IU Police Department 855-4111
• IU Student Ethics 855-5419
• IU Student Advocates 855-0761

DISCLAIMER

This pamphlet does not constitute legal advice, and is not intended as a substitute for legal advice. Indiana University students who have questions concerning the law may contact Student Legal Services for an appointment.