1 Alcohol Training for Registered Student Organization (RSO) OfficersBy: Student Activities & The BRICC Coalition Special thanks to ABC for their continued assistance
2 Why Comprehensive Alcohol Education?“ I’m just planning an event!” Rationale for comprehensive alcohol Education. Why do officers have to learn about how alcohol affects the body? They‘ll probably be wondering why, so we should tell them why its important.
3 Servers of Alcohol: Understand Your ResponsibilityYou can be arrested and charged criminally for illegal alcohol sales. You can be sued for participating in the serving, selling or allowing someone to get hurt or to hurt others, because of illegal alcohol sales. FYI…If you are cited in Madisonville, KY for selling to an underage person, bring your toothbrush to court with you. The judge there has a mandatory 5 days in jail. The key word in these sentences is YOU…you the individual server can be arrested or sued for illegal alcohol sales.
4 Civil Liability Civil suits may be brought against licensees, their employees, and any person who sells or serves alcohol illegally when personal injury or property damage has occurred. Compensatory and punitive damages can be awarded. Awards can range from a few hundred to several million dollars. Juries frequently award monetary damages to compensate victims (compensatory damages) and to punish offender (punitive damages). Some awards range from a few thousand dollars to several million dollars. Varies from state to state. Kentucky is a negligence state. You can sue anyone for about anything. No cap on awards in KY so awards can be and are in the millions. (refer to TGIF law suit in Louisville) Civil suits are heard through local court. Page 7 in book
5 Criminal Liability Owners, bartenders, and servers of alcohol can be prosecuted for illegal sales or service of alcoholic beverages. Conviction may result in fines and/or jail time. Criminal liability addresses fines and or jail time that owners, bartenders, server or sellers of alcohol might face if prosecuted for illegal alcohol sales or service. Criminal liability is dealt with at a district court level if justice. While a civil suit typically carries a monetary judgment, the result of a criminal action can often be jail time. The outcome of a criminal action is not dependant on the outcome of the civil suit for the same instance. Both cases would operate independently of each other. Pg 7 in book
6 Administrative LiabilityApplies to alcohol licensees. Penalties range from fines to license suspension or revocation. Usually the first type of liability a licensee will face, although the licensee can be cited in civil and criminal matters as well. 1st offense: Shut down for 35 days or may buy it back for $ or $50.00 per day. The board may also order STAR training for all current employees. 2nd offense: Shut down for 70 days but can only buy back 35 days ($ ) and mandatory shut down for the other 35 days. 3rd offense: Very often the license is revoked, depends on circumstances. Since July of 2004, the ABC board can order STAR training as part of their board ordered settlement. This is up to the ABC board’s discretion. Page 7 in book
7 Social Host Liability Applies to host of the event, can be responsible for actions of guest during and AFTER an event takes place State statutes Kentucky – No social host statutes Indiana – Social host statutes apply to party hosts for actions by guests after the event Tennessee – no social host statutes Important to know because Indiana does have Social host laws. And many people have been sued in court over Social Host issues in Kentucky, although they’ve been unsuccessful, its worth noting.
8 Blood Alcohol Content (BAC)Kentucky law states that a BAC of .08% or more is legally intoxicated… ZERO TOLERANCE for minors
9 Liability – Kentucky StatutesKRS – Cannot serve alcohol to a person under 21 KRS – Cannot purchase alcohol for minors (Using your money or money given to you!)
10 What is a Standard Drink?A 12 ounce beer A 12 ounce wine cooler A 5 ounce glass of wine A straight or mixed drink made with 1 1/2 ounces of 80- proof liquor A straight or mixed drink made with 1 ounce of 100- proof liquor All have about the same effect on the body and BAC. Each of the drinks above contain about one ounce of alcohol. Its not the number of drinks you have, it’s the amount of alcohol you consume. Beer- average beer has about 4-5% alcohol content. “Ice” beers are as high as 7%. “Light” beers contain lower.3-4% “Malt liquor” is 6-7%. Some draft beers are larger than the average 12oz glass. You find 16, 18 and 22 ounce containers in convenience stores as well as bars. Twice the size! People will lie to themselves to rationalize how much they have consumed….BUT I ONLY HAD ONE!! Mixed drinks-averages are based on 80 proof liquors. It may vary. A rum drink can have a range of proof. Remember, not everyone pours the same measure either. Wines and coolers- vary in content also, but are normally in a closer range so that one cooler = one 4-5 oz wine glass or one “drink”. Multi type drinks- Long Island Teas, Planters Punch, etc can contain several oz of alcohol. Logan’s Roadhouse Tea contains 4.5 oz including 1 oz of grain alcohol. Be aware that not all drinks are created equal. ABC in KY does NOT regulate non-alcoholic beers and wines, that is under 1% alcohol. Most are .05%…..Sharps and O’Doul’s. The important thing to remember is that all alcohol is intoxicating and effects the customers BAC regardless of drink type. Page 24 in book
11 Alcohol’s Effect on the BodyAbsorption rate factors: Gender: body fat ratio, hormonal differences, alcohol dehydrogenase Size: larger body types vs. smaller Food consumption: food intake and types of food Consumption rate: fast consumption causes larger volume of alcohol in blood stream for processing by the liver There are several factors that influence how quickly alcohol is absorbed into the blood stream. They are: Gender: Women have 3 strikes against them before they take the 1st drink. Body Fat Ratio: women have a higher body fat ratio than men do. Body fat does not absorb any liquid, therefore when a woman takes a drink of alcohol it continues to circulate in the blood stream until it can be processed by the liver. With a man, some of the alcohol consumed will be absorbed into the muscle until it can be processed. Hormonal differences: PMS, birth control pills, hormone replacement therapy all raise estrogen levels can cause women to be more sensitive to alcohol than men. 3) Alcohol Dehydrogenase: An enzyme in the liver. Women have less of it than men do. Helps aid the liver in processing the alcohol. Size: A smaller person will feel the effects of alcohol sooner than a larger person (both height and weight). Food Consumption: Already talked about this. Consumption rate: The quicker an individual drinks means more alcohol circulating through the blood stream waiting to be processed. When an individual is drinking in large quantities (chugging, shots, beer bongs, games) alcohol bombards the brain, depriving it of oxygen. The brain struggles to deal with the overdose of alcohol (depressant) and lack of oxygen, begins to shut down involuntary functions that regulate breathing and heart rate. Page 25 in book
12 Alcohol’s Effect on the BodyAlcohol Impairment Chart Male 200 LB Female 120 LB 1st Drink 0.02 0.04 2nd Drink 0.08 3rd Drink 0.06 0.11 4th Drink 0.15 5th Drink 0.09 0.19 6th Drink 0.23 7th Drink 0.13 0.27 8th Drink 0.30 9th Drink 0.17 0.34 This is not an exact science as there are other factors that influence how quickly alcohol is absorbed into the bloodstream. However, this is a good tool to use to gauge your customer’s impairment. It is important to note that these are drinks within a one hour period. As you can see, it doesn’t take as much alcohol as one might think to raise some one’s BAC to the legal limit. Page 24 in book
13 2:00 a.m. Goes to bed 0.25 3:00 a.m. Sleeping 0.23 4:00 a.m. 0.22 5:00 a.m. 0.20 6:00 a.m. Gets up for class 0.19 7:00 a.m. Wonders why keys don’t fit car 0.17 8:00 a.m. Arrives at class 0.16 9:00 a.m. Spills coffee while talking 0.14 10:00 a.m. Still legally intoxicated 0.13 11:00 a.m. Trips on way to water fountain 0.11 Noon STILL legally intoxicated 0.10
14 Alcohol and Sexual Assault LawsKRS Rape in the first degree Guilty of Rape in the first degree when another person is forced or is incapable of consent because he/she is physically helpless KRS Rape in the third degree Guilty of Rape in the third degree when engaging in sexual intercourse with another person who is incapable of consent because he/she is mentally incapacitated
15 Alcohol and Sexual Assault Recognizing Signs and Symptoms of “Date Rape” drugsSymptoms begin 10 to 30 minutes after drinking the drug/alcohol mixture Victim will feel abnormally sleepy, dizzy, confused and may feel very intoxicated Feel very drunk after an unusually small amount of alcohol State of drunkenness does not equal amount drank Loss of memory and judgment Lose complete consciousness The drug will have its maximum effect 1 to 2 hours after drinking the mixture and may last for as long as 24 hours I will let an expert add information here
16 Avoiding Over-service: Recognizing IntoxicationCommon signs of intoxication Slurred speech Bloodshot eyes Slow reaction time Lowered inhibitions Loss of coordination Argumentative Nausea No one expects you to be able to tell someone’s BAC simply by looking at them, however, you are responsible for knowing the signs of visible intoxication. They can include: Ordering another round before first round is finished Lighting up a cigarette at the wrong end Lighting up a 2nd cigarette while the first one is still going Knocking over glasses Falling off of chairs Dancing on tables, counters Fighting Vomiting Ask for input from the class for additional signs. What other health concern could cause similar symptoms? KRS (2) prohibits you from serving or selling to “a person actually or apparently under the influence of alcoholic beverages”. If you can tell from looking at someone that they have been drinking or using other drugs, that person is apparently intoxicated. Continuing to serve an individual who appears to be “under the influence” creates a liability, both criminally and civilly. Page 29 in book
17 Avoiding Over-service: Alcohol PoisoningCold, clammy skin Pale or bluish skin tone Very slow, shallow breathing; 8-10 breaths per minute Strong odor of alcohol Unconscious, can not wake them Do not leave person to sleep it off Call immediately Alcohol is a drug and too much can lead to an overdose. Allowing your customers to continue to drink after they appear to be intoxicated can lead to alcohol poisoning or death. We know that you won’t knowingly allow your customers to become this intoxicated, however please be mindful that you never know what your customer has been consuming before they arrive at your place of business. If you find someone in this situation, please don’t leave them. They need immediate medical supervision. These individuals are not passed out and they don’t need to “sleep it off”. If you can’t wake them, they are cold, clammy, have pale or bluish tone to their skin, breathing is shallow and infrequent about 8–10 breaths per minute… GET THEM HELP IMMEDIATELY. Page 29 in book
18 Handling Intoxicated AttendeesAvoiding Over-service: Recognizing Intoxication Handling Intoxicated Attendees Avoid confrontational demeanor Take control of consumption rate by: counting drinks intentionally slowing alcohol service bringing water with every alcoholic drink encouraging eating cutting the attendee off Early intervention is the key. If you become aggressive with someone intoxicated, it will escalate the situation. Your establishment needs to have a policy in place for dealing with intoxicated guests. Management needs to support employees in this area. This is difficult to maintain if management won’t follow through. We recommend allowing the server the latitude to “cut off” the intoxicated customer, they have seen the changes in him/her over the night. Some of these tips work better than others. They are just suggestions. Please feel free to ask the class for how they cut some one off. Please remember that it is against the law to serve an intoxicated person.
19 Handling Intoxicated AttendeesAvoiding Over-service: Recognizing Intoxication Handling Intoxicated Attendees Cutting your Attendee off Remove the alcohol Fill out an incident report (need witnesses) Arrange for transportation for customer Contact police if required The incident report is on page 31 of the book.
20 Alcohol Poisoning: Good Samaritan PolicyPolicy for reporting incidents (alcohol poisoning, sexual assault) for individuals under 21 years old Considers the positive consequences of reporting vs. negative consequences for the reporter At minimum, anonymous report should be made
21 What incident report looks like. Go over.
22 Resources: On and Off CampusCampus Health Promotion Counseling Center University Police Campus Health Services U of L PEACC Program Alcoholics Anonymous Al-Anon Contact information for these programs is on your BAC card
23 U of L’s Event and Alcohol PolicyHow does this apply to my group? When should I use it? for-hosting-events-with-alcohol.html Will fill this in when the Event policy and Alcohol policies are updated. This may take 1 or 2 slides.
24 How can I protect myself and my organization?3rd Party Vendors Transportation Security Avoiding Over service, serving to minors, etc.
25 Take-Aways BAC Card Incident ReportKeep in mind the state laws and university risk management procedures as they pertain to hosting both on and off campus events