Cloister may again face legal action

The woman, whose name is being withheld to protect her privacy because it is unclear if charges are being filed against her, was lying in front of the club at 1 a.m., vomiting and “going in and out of consciousness,” according to a statement released by Borough Police Lt. David Dudeck. A freshman and sophomore were tending to her when the Borough Police arrived, according to the statement.

The two male students, neither of whom is affiliated with the club and whose names are being withheld because it is unclear if they will be involved in any legal proceedings, found the woman upstairs in the club and called 911, Cloister president John LaMonaca ’09 said. Neither student responded to requests for comment.

G. Robert Wills, a local attorney representing Cloister in the incident, said that he expects the Borough will file charges within a week, explaining that “the nature of the charges will probably be dispensing alcohol to a minor.”

Dudeck could not be reached for comment.

LaMonaca said that Cloister did not break the law, explaining that club officers were strictly enforcing a wristband policy to ensure that minors were not served alcohol at the bar.

“We did not serve the young woman,” he said.

The Borough is not being particularly helpful in its approach to liquor law enforcement, Wills added. “The Borough is sort of using a shotgun approach: ‘Here, we are going to charge you. Come and defend yourselves. Show us she wasn’t drinking at Cloister.’ ”

LaMonaca noted that the woman may have consumed alcohol before entering the club.

“We encourage our bouncers to, if they see someone who is noticeably ill, not let them in,” he said. “Unfortunately, it is not always that easy to tell, as the alcohol’s effect may not be immediate.”

The woman did not respond to a request for comment.

Wills said that the incident last month illustrates the inconsistency between the University’s alcohol policies and the Borough’s adherence to the law.

“The University is ... encouraging students to respond to aid fellow students, and yet the Borough seems to be taking the position that since drinking by a minor is unlawful ... they may charge you as a result of your Good Samaritan effort,” he explained.

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He noted that as a result of the discrepancy, eating clubs leave themselves open to criminal charges when they help students at their clubs who are in need. To fully avoid liability, he added, clubs would have to take intoxicated persons and remove them from their properties instead of allowing them to stay until help arrives.

There have been “ongoing conversations between the University and the clubs” about this inconsistency, Wills said. Though he does not have inside knowledge of these discussions, he said that he “would assume they are at a fairly high level.”

LaMonaca noted that he has been talking to Associate Dean of Undergraduate Students Maria Flores-Mills about the issue, but “there is not very much she can do but keep her ears open ... and offer her support,” he said.

Flores-Mills and Vice President for Campus Life Janet Dickerson could not be reached for comment.

Wills explained that last month’s incident is part of a larger cultural problem at the University.

“It is very important for the University to educate students [that] if they are going to use alcohol to do so in moderation,” he said, adding that students who are unaccustomed to having alcohol available may be unable to gauge their alcohol consumption and the repercussions.

“I think it is fair to say that nobody realistically believes that undergraduates are not going to drink,” he explained. “The point is that if you drink moderately, nothing bad is going to happen.”

Wills said the Borough will most likely charge the club as a whole, but he added that Cloister will pay for the legal expenses if charges are brought against LaMonaca.

Wills noted that the last several years have seen the Borough shift from charging club presidents to charging the clubs themselves, “with the graduate board stepping in as corporate defendants.” Just over a year ago, the then-presidents of Cloister, Cottage Club and Tiger Inn were all charged with serving alcohol to minors. Wills represented all three clubs, and charges were eventually dropped against all three.

Since the incident, Cloister has been taking extra precautions, LaMonaca said. He explained that the club has been members-only “or on some kind of limited entry” on a regular basis, and that the graduate board decided not to have an open bar at Winter Formals last weekend.

—Staff Writer Omar Carrillo contributed reporting.