Law & UNI Policy
The University of Northern Iowa adheres to the laws of the state of Iowa, and strives to create an environment that supports healthy decisions and lifestyles. While the use of illegal drugs is prohibited, the university acknowledges and respects the rights of individuals to use alcohol in a legal and responsible manner, just as it acknowledges and respects the rights of individuals who choose not to use alcohol. Although the moderate consumption of alcohol may be an acceptable part of certain social activities, alcohol and drug abuse interferes with the ability of the University to achieve its mission and can adversely affect individuals, the university and the larger community.
This policy is intended to help maintain the health and safety of the university’s faculty, staff, students and visitors, and to ensure that alcohol and drug use do not interfere with the effective functioning of the university. It further delineates the parameters relative to the use of alcoholic beverages on university property, at university-sponsored events or in conjunction with university activities.
In general, state laws prohibit:
- Consuming, possessing or purchasing an alcoholic beverage if you are under 21 (Minor in Possession or “MIP”)
- Consuming or possessing an alcoholic beverage in a public place
- Possessing an open or unsealed container in a motor vehicle (when the container is within the immediate reach of the driver)
- Possession of an open or unsealed alcoholic beverage by a passenger in the passenger area of a motor vehicle (Exceptions apply to taxis, limousines and motor homes)
- Public intoxication
- Pretending to be intoxicated
- Giving or selling an alcoholic beverage to someone under age 21
- Giving or selling an alcoholic beverage to anyone who is intoxicated
- Lending your driver’s license to someone or knowingly permitting someone else to use it
Each of the above violations is a simple misdemeanor offense punishable by up to 30 days imprisonment, a fine of at least fifty dollars but not more than five hundred dollars, or both. For certain offenses, mandatory fines and periods of driver’s license suspension apply.
Retail Outlets/Liquor Licensees
If an employee of a licensed liquor establishment or a alcohol retail outlet serves a minor, the employee and the establishment are each fined $1500. This penalty applies to anyone who knowingly or by failing to exercise reasonable care, provided alcohol to a minor.
Social Hosts: Providing Alcohol to a Minor
An individual over age 21 who gives, sells or supplies an alcoholic beverage to a person under the legal age commits a serious misdemeanor and is subject to a fine of between $500 and $1500 and may also be sentenced to up to one year of jail time. If injury results from the actions of an intoxicated minor, the individual who provided the alcohol commits an aggravated misdemeanor and is subject to two years imprisonment and a fine of between $500 and $5000. If death results from having furnished alcohol, the offense is a Class D felony punishable by up to five years imprisonment.
“Fake I.D.”
Anyone under the age of 21 who alters, displays or possesses a fictitious or fraudulently altered license and uses it to purchase alcohol can lose their driver’s license for up to 6 months. This offense is also a simple misdemeanor.
Operating While Intoxicated (OWI)
Under state law, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. This means driving with a blood alcohol concentration of .08 or greater or driving while under the influence of another drug, such as marijuana or certain prescription medications.
A person convicted of a first offense OWI can be fined up to $1,250 and can be placed in county jail for up to one year. However, at the court’s discretion, up to $625 of this fine may be waived if there was no personal injury or property damage. The minimum jail time is 48 hours. For a second offense, the individual will be confined for a minimum of seven days and fined not less than $1,875 and not more than $6,250 For a third or subsequent OWI conviction (a Class D Felony), the individual will be imprisoned between thirty days and five years and will be assessed a fine of not less than $3,125 and not more than $9,375.
In addition to fines and jail time, those convicted for OWI forfeit their driving privileges for a minimum of 180 days (The revocation period is even greater if the individual refuses the blood alcohol test OR has previous OWI convictions.) In the past, OWI violators could obtain work or school permits even though their license had been revoked. With recent legislative changes, there is now a “hard suspension” period, during which time, no temporary licenses are granted. After the hard suspension period has passed, a work or school permit will only be granted after an ignition interlock device is installed on each of the person’s vehicles. This device connects to an automobile’s ignition system and prevents the vehicle from being started if the intended driver has been drinking.
Minor in Possession (MIP):
First offense - Simple misdemeanor punishable by a $200.00 fine plus court costs.
Second offense - Simple misdemeanor punishable by a fine of $500.00. In addition, the violator must choose to either complete a substance abuse evaluation or have their driver's license suspended for up to one year.
Third (and subsequent) offenses - Simple misdemeanor punishable by a fine of $500.00 AND driver's license suspension for up to one year.
*Learn more information about Iowa’s Alcohol and other Drug Laws.
In the "Iowa Code Quick Search" field, type in “124” for Controlled Substances, or “123” for Alcohol laws, and then click "Go" for complete listings.
The University of Northern Iowa is required by law to provide an annual notification to all students of the policies, sanctions and risks associated with the use of alcohol and other drugs based on the Drug-Free Schools and Communities Act (EDGAR Part 86 Subpart A 86.3).
This notification provides the following information:
- Drug and alcohol resources and programs available to students;
- Health risks associated with alcohol and other drug misuse or abuse;
- Standards of conduct and conduct sanctions for students regarding unlawful possession or distribution of illicit drugs and alcohol;
- Possible local, state and federal legal sanctions.
- Alcohol and other drug use resources and programs
If you or someone you know is being affected by alcohol or drug misuse or abuse, there are on-campus, confidential resources available.
Alcohol and Other Drug Education Services
Student Health Center, 319-273-3423- Free consultations, referrals, programs, services and education.
- Free and confidential online self assessment for alcohol use.
- Free and confidential online self assessment for cannabis use.
Counseling Center, 103 Student Health Center, 319-273-2676
- Free and confidential consultations and referrals.
Student Health Clinic, 016 Student Health Center, 319-273-2009
- Confidential consultations, referrals and education.
There are also off-campus resources that provide alcohol and other drug services.
- Drug-free workplace and schools policy
It is the policy of the University of Northern Iowa and the Board of Regents to provide a drug-free workplace and learning environment. Alcohol and drug abuse pose a threat to the health and safety of university faculty, staff, students and visitors. In compliance with the Drug-Free Workplace Act of 1988, University Policy 4.13 outlines expectations for an environment committed to a healthy campus.
Students are held accountable through the Student Conduct Code. Students found responsible receive any of a number of sanctions, including an official warning, conduct probation, suspension, expulsion. Participation in an educational program and/or a treatment program may also be required.
- Federal, state and local laws and violations
In addition to disciplinary sanctions by the university, students may be subject to criminal prosecution under federal, state and/or local laws. To ensure students are aware of possible legal sanctions, this section briefly describes some relevant laws with sanctions and provides links to more information.
State and Federal Laws and Sanctions
Controlled substance convictions under federal laws carry a range of penalties which can include fines and/or imprisonment. Federal controlled substance convictions also can lead to forfeiture of both real and personal property; the denial of federal benefits, such as grants and student loans; and the denial of federally-provided or supported professional and commercial licenses. The seriousness of the offense and the penalty imposed generally depends on the type and amount of the drugs involved.
- Provisions of the federal Controlled Substances Act, 21 U.S.C. 801 et al
- Federal penalties and sanctions for illegal trafficking and possession of a controlled substance
Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. Specific drugs, amounts, and penalties are described in Iowa Code Chapter 124-Controlled Substances. Specific drugs, amounts, and penalties are described in Iowa Code Chapter 13-Drug Abuse Prevention and Control. State and federal legal sanctions are subject to change by the General Assembly and Congress, respectively.
- Penalty Enhancement. The maximum term and fine increase significantly if state or federal penalty enhancement rules apply. Factors which raise maximum penalties under federal penalty enhancement rules include death or serious bodily injury; prior drug conviction; placing at risk or distributing a drug to a person under 21 years old; using a person under 18 years of age to assist in the drug violation; and distributing or manufacturing a drug within 1,000 feet of school property, including The University of Iowa campus. Penalty enhancement rules apply to defendants 18 years or older. Factors which raise maximum penalties under state penalty enhancement rules include using firearms or dangerous weapons in the commission of the offense.
- Possession. Both state and federal laws prohibit possession of a controlled substance. The maximum state and federal penalty for possession is confinement for one year and a fine of $1,500. The maximum term and fine increase significantly in the event that state or federal penalty enhancement rules apply. In addition, a person in possession of a small amount of a controlled substance for personal use may be assessed a civil fine up to $10,000 in addition to any criminal fine.
- Driving While Intoxicated. Under state law, a person found guilty of operating a motor vehicle while under the influence of drugs or alcohol (blood concentration of .08 or greater) shall be imprisoned for not less than 48 hours and fined not less than $500 for the first offense. For the second Operating While Intoxicated (OWI) offense the minimum period of confinement is seven days and a fine of not less than $750. The minimum period of confinement for the third or subsequent OWI convictions is thirty days and could be up to one year, with a fine of not less than $750.
- The driver's license of an individual under 21 years of age who is found guilty of operating a motor vehicle with a blood alcohol concentration of .02 percent or more is subject to a 60-day suspension even if the individual is not legally intoxicated. For individuals convicted of OWI, the period of suspension is 180 days or more regardless of age.
- Alcohol-Related Offenses. Under state law, the drinking age is 21. State law prohibits: public intoxication; driving a motor vehicle with an unsealed receptacle containing an alcoholic beverage in the vehicle; giving or selling an alcoholic beverage to anyone intoxicated; and possession of an alcoholic beverage under legal age.
City of Cedar Falls and Waterloo Sanctions
The Municipality of Cedar Falls has passed a ordinances with the intention of discouraging underage possession and consumption of alcohol Sec. 5-10 and use of false identification Sec. 5-12. The city also has a public alcohol possession andintox code Sec. 5-9 in place to provide for the safety, health and welfare of the public. These are considered misdemeanor offenses and those found responsible for violations may face fines and/or jail time Sec. 5-14. View all Cedar Falls City Code ordinances on alcohol and drug paraphernalia by clicking on the link. Waterloo City Codes are located at: Title 5-2-12 and Title3-2-8.
Health risks of alcohol and other drugs
Virtually every organ system is affected by alcohol. Drinking in moderation may cause problems to one's body, and drinking heavily over the years can cause irreversible damage. However, most diseases caused by excessive drinking can be prevented. For basic information about the health risks associated with alcohol and/or other drugs please visit:
For additional information regarding health risks of alcohol and other drugs check out this health risks chart.
Thank you for taking the time to read this important information to better understand alcohol and other drug related resources, policies, laws, and health risks. UNI cares about you, your success, and your health.
If a student has been arrested and is facing criminal penalties for an alcohol or other drug-related offense, s/he may still face University penalties for the offense if it violates the Student Conduct Code. This does not constitute “double jeopardy”. In general, the Conduct Code applies only to conduct that occurs on University premises, at University sponsored activities, and activities that can be interpreted as representing the University. However, the Code may also be extended to address behavior/incidents that occur off-campus, if the incident adversely affects the University community and/ or the pursuit of its objectives.
Alleged violations of the Student Conduct Code are heard via a hearing with a Student Conduct Administrator. During this conversation, the student has the opportunity to respond to the written allegation, and provide supportive documentation. The hearing, or conversation, is the student’s opportunity to explain what occurred and why.
The following sanctions may be imposed upon any student found to have violated the student conduct code:
- Warning – A notice in writing to the student that the student is violating or has violated the Student Conduct Code.
- Probation – A written reprimand for a designated period of time. If a student has a subsequent policy violation during the probationary period, it is likely that more severe sanctions will be issues for that offense.
- Loss of Privileges for a designated period of time (e.g. participation in extracurricular activities, use of a particular facility, the ability to host guests in University housing).
- Withholding Degree – The University may withhold awarding a degree otherwise earned until the completion of the hearing process set forth in the Conduct Code, including the completion of any imposed sanctions imposed.
- Delayed Registration – A student may be required to delay his/her course registration until a complainant or any other student(s) involved in a conduct matter has completed course registration. Delayed registration is for a specified number of semesters or may be required until the complainant or other involved student(s) graduate.
- Fines
- Financial Restitution for loss, damage, or injury.
- Residence System and/or Dining Facility Suspension for a specified period of time.
- Residence System and/or Dining Facility Expulsion (i.e. permanent separation).
- No Contact or No Trespass Notices – issued to help assure that a member(s) of the University community is not subject to harassment or contact with the accused student/person found in violation of the student conduct code.
- Discretionary Sanctions, such as unpaid volunteer work, essays, counseling or substance abuse education, evaluation, and/or treatment at the student’s expense.
- University Suspension – Separation of the student from the University for a specified period of time, after which conditions for readmission may also be specified.
- University Expulsion – Permanent separation of the student from the University.
- Revocation of Admission and/or Degree.