Legal Question in Criminal Law in New York

Underage Drinking on College Campus

Our, 20yr.old daughter is in her sophmore year at SUNY Oneonta... Suffice it to say she is 'Binge Drinking' and Posting many pics of such behavior all over Facebook! We have dl more than 30 pics and (2) videos of she and her friends, on campus (and in local bars/rest) doing keg stands, beer bongs etc...We want to pull her out but she will not go willingly...With such ''proof'' do we as her parents have legal grounds for her dismissal? If we insist they expell her or else they will be facing a civil suit and bad publicity? (Heard of students being held accountable for posting questionable, alcohol related material on Facebook before...)

The pix/vids we have are very incriminating and are undeniably taking place in the dorms/suites, on a supposed ''dry'' campus, thereby breaking school policy as per their handbook...Also read- State schools have to follow 'Federal Mandates' on Underage drinking. What does the Federal Mandate entail? Any advice is deeply appreciated...Thank You for your time


Asked on 3/26/09, 5:00 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Underage Drinking on College Campus

Your question doesn't make sense on many levels.

First, getting your daughter expelled will potentially limit

Her educational future.

Second, this action could create criminal charges against your

Daughter for underage drinking. would then leave her not

Only expelled but with a criminal record.

Third, the school is not directly responsible for the

Criminal activity of its students... Which this would be.

If you're unpleased with her actions I would suggest pulling

Her funding... Which you can do. This will force her to

Comply with your wishes with minimal damage.

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Answered on 3/26/09, 5:44 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Underage Drinking on College Campus

You are in a dilemma - and as the prior attorney warned, be careful of what you ask for. Because she is under 21, her consumption of alcohol is illegal, whether it be on campus or in local bars. One thing that is probably also obvious, is that she's got a "Fake ID" which gets her admission to those bars. That is a crime, as is the underage drinking.

Talking "sense" to a 20 year old college student is only something you as a parent can decide. But, as my own father used to say, it's time for a "Come to Jesus" speech - you confront her with your evidence, the threat of defunding her activities and tuition, and reporting it to the School.

You can insist that the school take action and they indeed will, but you don't want them suspending or expelling her as it will be extremely difficult for her to resume her college career anywhere later on, as her "official transcript" will reflect that.

Perhaps you can check to see if the school has an alcohol or substance abuse counselor, and if so, call and talk to them without giving your daughters name - they might be able to intervene confidentially and let your daughter know the legal risks she's facing. Of course the problem is that "everyone's doing it" while in her circle of friend is probably true, having a fake ID card on your possession is alone a crime in NY, and if it's an altered Driver's License, could cause her real license to be suspended.

Good luck to you!

Don Rehkopf

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Answered on 3/28/09, 5:11 pm


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