Legal Question in DUI Law in New York

Drinking with minors

I live in New York City. I attended a party in which underage people were drinking. I did not host the party or supply the alcohol. Can I still be held responsible? Also I am a Resident Assistant at a University. They are trying to fire me for it. I never signed a contract outlining what I could and could not do (I never signed a contract at all). Can they legally fire me for something that happened off campus?


Asked on 5/01/07, 5:20 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Drinking with minors

If you have no contract, you are an at-will employee and they have every right to fire you. While you have no responsiblity to report a crime you see as a citizen, you may, by virtue of your position with the school to do so. You are a representitive of your college.

If the College President had been at a frat party where underage drinking was occuring, and he was aware of it and did nothing to stop it, even if it was off campus, do you think if that got out the chancellors would have a right to fire him??

The police should not be able to charge you unless you purchased the alcohol for them or if you chipped into buy it.

You should have a lawyer to defend you at any hearings that may come of this. A lawyer will be able to feel out the university and find a middle ground or if necessary back them off.

Good Luck.

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Answered on 5/01/07, 5:45 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Drinking with minors

I would recommend retaining a lawyer to go over your rights with you. While you can not be held liable by the police because you did not supply the location or the alcohol to the minors you still have an issue with the university. If you have a lawyer the university may reconsider their position in hopes of avoiding a potential legal dispute. In the end the university will likely have the right to terminate you, but a good attorney may be able to work something out on your behalf that would allow you to keep your position. Please feel free to contact my office if we can be of any assistance in this matter.

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Answered on 5/01/07, 6:27 pm


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