A student or organization of students hosts a party where alcohol is served and money is collected for the alcohol provided. If a guest of that party leaves and becomes involved in an alcohol-related accident, what happens to the student or students that held the party?

A similar question of negligence is currently being argued at NIU’s College of Law’s 11th annual Prize Moot Court competition this month, but the question has proved to be a concern for the NIU community.

“A student would certainly be liable for this activity, as well as in violation of a DeKalb city ordinance of selling alcohol without a license and delivery of alcohol,” said Sgt. Ralph Taylor of the University Police.

He said if the student or organization sold or served alcohol to a minor, the server would be in violation of a state law and could be penalized with a $1,000 fine and/or one year in jail.

Taylor said problems with parties of this kind are an occasional occurrence and are not an extensive problem at NIU.

Judicial Office Director Larry Bolles said it was possible that a student or organization could face university charges in a situation like this.

“The majority of problems like this happen out on Greek Row—wild parties resulting in a lot of intoxicated people. But we investigate the parties on a case-by-case basis and the more dangerous parties are the ones the Judicial Office may sanction,” he said.

Bolles said they have had intoxicated students falling off of fraternity houses, instances of drunk driving, high levels of underage drinking, fighting and other criminal activities as a result of intoxicated students leaving parties.

“We can’t let students endanger the community or themselves,” he said.

“The big three offenses students or organization can commit while throwing a party are selling alcohol without a license, serving alcohol to minors and serving alcohol to an intoxicated person. If someone commits these offenses, they can be cited for damages and criminally prosecuted,” said NIU Legal Counsel George Shur.

He said universities have a vested interest in cases such as these because of instances of injured parties suing the university for negligence. “Universities can’t hold the hand of every student, especially since most are over 18 and are considered adults. It would be impossible for universities to have that much control,” Shur said.

Assistant Dean of NIU’s College of Law Leonard Mandell said liability is a very gray area when it comes to parties serving and selling alcohol.

“There are two possible liabilities, as either a commercial provider or a social host. Under Illinois law, commercial hosts are those who sell alcohol, such as a bar, and a social host, such as a person who throws a party,” he said.

Mandell said the gray area becomes apparent if a social host charges for alcohol being served at his party. “There are only a minority of states who hold the social host liable in the event of an alcohol-related accident. Illinois doesn’t hold the social host liable,” he said.

Mandell said he believes liability should only apply to those alcohol providers that are regulated by the state. However, because of a nationwide effort to eliminate drunk driving, legislation is being drafted to cover all possibilities of liability in providing alcohol.

“Because of all the problem and dangers that intoxicated people can cause, it’s hard to see where to draw the line in liability,” he said.