Why be violated for something you have not done?

The presence policy consist of the sentence that follows,
“Underage students present in a room where alcohol is present, whether consuming or not, will be considered to be in violation of the Alcohol Policy and subject to disciplinary sanctions”
This meaning that if there are underage students in a room with alcohol present, they automatically are held responsible and are in violation. But, what if they are not partaking? They should not be guilty until proven otherwise. Unless it is clear that the underage persons are under the influence or have been drinking, I don’t believe it is right to violate them.
This has been a problem in the student community when an underage is simply just hanging around people of age drinking and get in trouble for it. From talking to students around campus, we would like you, The Student Government Executive Board, to change the Presence policy. For example, if the underage persons is clearly under the influence or drinking then they will be violated, but if there are no signs or no evidence other than the 21 year olds alcohol around the room then they should not be penalized.