Policy # 103
Tailgating Policy

Administering Office: Student Affairs, Athletics, and Administration and Finance

Approved by Executive Council: June 30, 2008

Approved by Board of Trustees: July 14, 2008

Posted: July 22, 2008

SCOPE: This policy describes the parameters for football tailgating activities on the campus of Western Carolina University. As defined in this policy, tailgating involves the consumption of alcohol in designated controlled areas. Currently, tailgating is permitted at NCAA football games. Western Carolina University does not sanction the violation of federal, state, or local laws, including the consumption/possession of alcoholic beverages by underage persons. This policy is referenced in and subordinate to the WCU General Campus Policy for Alcoholic Beverages ( Policy #81).

EXPECTED BEHAVIOR: Individuals participating in tailgating activities at Western Carolina University are expected to conduct themselves in a manner respectful of the nature and character of the University; including, following the directives of event management staff and public safety officials. Tailgating hosts may be held responsible for the behavior and actions of guests in the permit area. Persons acting in a disruptive, disrespectful or disorderly manner may be asked to leave the premises or be subject to arrest or citation. Students may also be charged with a violation of the Code of Student Conduct.

DEFINITIONS:

• Tailgating – parking in a designated location/area and/or setting up non permanent facilities (such as tents and tables) to consume food and beverages. Alcoholic beverages may be consumed during tailgating activities in designated areas prior to NCAA football games hosted at the E.J. Whitmire Stadium.
• Alcohol/Alcoholic Beverages – consistent with North Carolina state laws, only malt beverages and unfortified wine may be consumed during tailgating activities.
• Keg – any container that holds, or is capable of holding, more than one (1) gallon of malt beverage or unfortified wine at a single time.

TAILGATING PERMITS FOR ALCOHOL PERMISSIBLE STUDENT AREA: A WCU student, faculty or staff member may purchase one non-transferable tailgating permit for a tailgating area within the designated alcohol permissible student tailgating lot. Tailgating permits may be purchased from the University Center prior to each football game. The number of parking spaces designated as a permitted tailgating area will be determined before each football season. All tailgating activities must be contained within the permitted tailgating area. Tailgating permit holders may be held responsible for the behavior and actions of guests in the permit area. Only one vehicle will be allowed to park in each permitted alcohol permissible student tailgating area and some types of vehicles may be prohibited (i.e, buses, RVs, etc.) by tailgating procedures. Permits must be displayed as specified on this vehicle throughout the tailgating activities and an individual must be designated as the responsible contact person for each game. Tailgating permits may be forfeited for cause on-the-spot.

DESIGNATED PARKING LOTS/AREAS FOR TAILGATING: Tailgating parking/areas are organized into four general categories:

• Alcohol Free Areas: Walker A, Walker Hall, Scott Hall, Belk Lots
• Alcohol Permissible Catamount Areas: H.F.R., FPAC, Field House Lot, Camp Lot, Camp Gym/Athletic Facilities, Ramsey Creek Lot, Stadium Lot
• Alcohol Permissible Student Area: the Field House Lot with tailgating permits
• Alcohol Permissible Areas for Visiting Fans: Baseball Lots and/or additional designated areas to be identified as needed.

TAILGATING REGULATIONS: Specific information and guidance on parking of vehicles within designated tailgating areas will be provided upon payment of the tailgating fee or entry into the tailgating lot. Tailgating activities should be confined to the area directly adjacent to a parked vehicle. Roadways cannot be blocked by tailgaters for any reason. Failure to comply with the directions or instructions of event management staff and/or public safety officials may result in the forfeiture of a tailgating permit on-the-spot, citations or even arrest. A copy of all tailgating procedures will be available at the University Center Administrative Offices.

A. Tailgate Times: Tailgating may begin no earlier than three hours before kickoff of the football game. Individuals may continue to remain in the tailgating area during the game but consumption of alcohol must be discontinued at the start of the game. Tailgating without alcoholic beverage consumption may continue after the game for a period of two hours. For those games scheduled on weekday evenings, the University may find it necessary to modify the permissible tailgating times. Notice of these changes will be provided well in advance of the game.

B. Consumption of Alcohol during Tailgating:

• In alcohol permissible tailgating areas, the consumption of alcohol must be accompanied with the consumption of food.
• Consumption of alcohol outside designated tailgating areas and/or time periods constitutes a violation of Western Carolina University tailgating policy and possibly North Carolina Law. Violators may be instructed to leave the campus. In addition, they may be subject to prosecution under the laws of Jackson County, the laws of the State of North Carolina, and students are subject to the Western Carolina University Code of Student Conduct.
• Consistent with North Carolina State Law, only malt beverages and unfortified wine may be possessed or consumed. Spirituous liquor is prohibited.
• Kegs and other common source containers are not allowed at any time.
• Glass containers are prohibited. The use of plastic containers is encouraged for the consumption of all beverages.
• Drinking games (including but not limited to beer pong and other table games) and the use of devices intended to accelerate the consumption of alcohol (including but not limited to funnels or beer bongs) are prohibited.
• Consumption of alcoholic beverages on any other part of the campus or on public streets that run through or adjacent to campus is prohibited. It is also a violation of law and/or the code of student conduct and is subject to policy/law enforcement.
• Consumption of alcoholic beverages inside the stadium is prohibited.

C. Consumption and Preparation of Food:

• No food may be sold without a proper University permit from either WCU Food Services and/or Athletics.
• The sale of alcoholic beverages is strictly prohibited. “Sale” shall be defined as any transfer, trade, exchange, or barter in any manner or by any means, for consideration, including but not limited to, required fees or the purchase of tickets for admission to an event at which alcoholic beverages will be served. Likewise, donations may not be required or solicited in connection with such an event. [N.C.G.S. section 18B-1002 and 1006]
• Propane and charcoal grills are allowed when used solely for food preparation purposes. Burned coals and/or residue from cooking are not permitted to make contact with the paved surface of the parking lot or grassy areas. Hot coals must be completely extinguished with water before leaving the tailgating site.
• Open flame fires, including fire pits, are prohibited.

D. Trash: All groups and individuals participating in tailgating are responsible for the proper collection and disposal of their trash, as well as, other debris such as charcoal. Trash containers will be provided throughout tailgate areas.

E. Solicitation: No sales activities or other forms of solicitation are allowed on the Western Carolina University campus including any/all tailgating areas, without permission from the appropriate University office. Only Western Carolina University Athletics or their designated representatives will be allowed to sell merchandise.

F. Structures: No permanent or semi-permanent structures may be constructed or placed for any activity on University grounds except by the authority of the appropriate Vice Chancellor and/or in accordance with the University Facility Use Policy.

TAILGATING POLICY ENFORCEMENT AND REVIEW: Violations of this policy may result in the forfeiture of a tailgating permit on-the-spot, the loss of eligibility to purchase additional tailgating permits, citations or even arrest. Student violations of this policy are subject to the Western Carolina University Code of Student Conduct. At the conclusion of each football season, the Vice Chancellor for Student Affairs will chair a Tailgating Committee to review this policy and discuss any problems with tailgating activities.

Policy 81 - WCU General Campus Policy for Alcoholic Beverages

Policy 102 - University Center BYOB Alcohol Service Policy