STANDARDS OF CONDUCT

 ILLEGAL DRUGS AND ALCOHOL

Wesleyan University believes that illegal activity involving alcohol or illicit drugs has the potential to damage the quality of campus life in the following ways:

1. by injuring the physiological and psychological well-being of individuals,

2. by disrupting and endangering the welfare of those in the immediate environment of the illegal activity,

3. by attracting criminal activity to the campus.

Wesleyan's response to illegal activity involving alcohol or illicit drugs is through educational and treatment programs and through the establishment and enforcement of explicit standards of conduct. The specific elements of the Wesleyan response are described below.

The University prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students or by employees on University property or while participating in any University-sponsored activity. The University will impose disciplinary sanctions on students and employees who violate the standards.

Disciplinary sanctions that may be imposed on students include warning, disciplinary probation, community service hours, suspension, expulsion, and dismissal. The University may also require a student who violates these standards to participate in a program of rehabilitation. Whenever the University determines that a student has violated one of the standards, it will consider as a possible sanction referral of the matter to law enforcement officials for prosecution.

Although sanctions will vary according to the specific circumstances of the case, and greater or lesser sanctions imposed depending on these circumstances, it is nonetheless important for students to understand the potential consequences of violating the University’s policies on drugs and alcohol. The Student Judicial Board has provided the following information related to typical sanctions:

The disciplinary sanctions that may be imposed on employees may include one or more of the following, in ascending order of severity: warning, reprimand, probation, suspension (with or without pay), and termination of employment. In some instances, the University may also require an employee who violates these standards to participate in a program of rehabilitation outside of the University. Whenever the University determines that an employee has violated one of the standards, it will consider as a possible sanction referral of the matter to law enforcement officials for prosecution.

Numerous local, state, and federal laws govern the possession, use, and distribution of illicit drugs and alcohol. The following is a brief overview of those laws. This overview cannot be an exhaustive or definitive statement of the various laws, but rather is designed to indicate the types of conduct that are against the law and the range of applicable legal sanctions.

It is important to note that, while the activities covered by state, local, and federal law and those covered by Wesleyan's rules are largely the same, the laws and the rules operate independently and do not substitute for each other. Wesleyan may pursue enforcement of its rules whether or not legal proceedings are underway or in prospect, and it may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether University rules have been broken. The University will make no attempt to shield members of the Wesleyan community from the law.

1. Use of Alcoholic Beverages Prohibited (see Middletown Code of Ordinances, 18-9)

        a. The possession and/or drinking of alcoholic beverages, by any person, including, but not limited to, wine and beer, on any City-owned property under the jurisdiction of the Park and Recreation Department of the City of Middletown shall be prohibited, except that the possession and/or drinking of wine and/or beer shall be allowed in posted areas and at posted times, or by permit, at Veterans Memorial Park, Area A, and Crystal Lake;

        b. Beer kegs on any City property under the jurisdiction of the Park and Recreation Department of the City of Middletown shall only be permitted by special permit;

        c. Any person violating these provisions shall be fined in an amount not to exceed $90 per violation per day.

2. Consumption and Possession of Alcoholic Liquor Within and Upon Public Highways, Sidewalks, and Parking Areas (see Middletown Code of Ordinances, 25-47)

        a. Except as permitted by the ordinance, no person shall consume any alcoholic liquor or possess with the intent to consume any alcoholic liquor upon or within the limits of any public highway or sidewalk or parking area within the City of Middletown.

        b. Consumption of alcoholic liquor or possession with intent to consume alcoholic liquor shall not be permitted in parked vehicles within or upon public highways, streets, or parking areas under any circumstances.

        c. Any person violating this ordinance shall be fined not more than $99 for each offense.

1. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Dispensing of Controlled Substances

        a. Hallucinogenic or narcotic substances other than marijuana. First offense: Prison sentence not to exceed 15 years and/or fine not to exceed $50,000. Second offense: Prison sentence not to exceed 30 years and/or fine not to exceed $100,000. Each subsequent offense: Prison sentence not to exceed 30 years and/or fine not to exceed $250,000 (see Connecticut General Statutes 21a-277).

        b. Other controlled substances excluding marijuana. First offense: prison sentence not to exceed seven (7) years and/or fine not to exceed $25,000. Each subsequent offense: Prison sentence not to exceed 15 years and/or fine not to exceed $100,000 (see Connecticut General Statutes 21a-277).

        c. Examples of such substances include, but are not limited to, mescaline, peyote, morphine, LSD, cocaine (including "crack"), opium, amphetamines, and heroin. For a complete definition of controlled, hallucinogenic and narcotic substances, see Connecticut General Statutes 21a-240.

2. Penalties for Illegal Manufacture, Distribution, Sale, and Prescription or Administration by Non-Drug-Dependent Person

        a. Minimum prison term of not less than five (5) years and maximum term of life imprisonment for the manufacture, distribution, sale, or possession or transportation with the intent to sell of one ounce or more of heroin, methadone, or cocaine (including "crack"), or one-half gram more of cocaine in a freebase form, or five milligrams or more of LSD (see Connecticut General Statutes 21a-278).

        b. Minimum prison term of not less than five (5) years for first offense, and for subsequent offenses, minimum prison term of not less than ten (10) years, for the manufacture, distribution, sale or transportation or possession with the intent to sell any narcotic, hallucinogenic or amphetamine-type substance, or one kilogram or more of a cannabis-type substance (which includes marijuana). (See Connecticut General Statutes 21a-278)

3. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Administration Involving Minors (see Connecticut General Statutes 21a-278a)

        a. Mandatory two (2) year prison term for the distribution, sale, dispensing, offering, or giving of any controlled substance to another person who is under 18 years of age and who is at least two years younger than the person violating the statute;

        b. Mandatory three (3) year prison term for the manufacture, distribution, dispensing, sale, transportation or possession with intent to sell, offering or gift of any controlled substance on or within one thousand feet of the real property comprising a public or private elementary school.

4. Penalties for Possession (see Connecticut General Statutes 21a-279)

        a. Any person who possesses or has under his control any quantity of any narcotic substance, including marijuana, for a first offense may be imprisoned not more than seven (7) years and/or fined not more than $50,000; and for a second offense, may be imprisoned not more than fifteen (15) years and/or fined not more than $100,000;

        b. A variety of sentences are available under this statute depending on the substance possessed, its quantity, and the background of the offender.

1. Sale of Alcohol to Minors and Intoxicated Persons (see Connecticut General Statutes 30-86)

        a. Any permittee who sells or delivers alcoholic liquor to any minor, or to any intoxicated person, or to any habitual drunkard shall be fined not more than $1,000 and/or imprisoned not more than one (1) year.

        b. Any person who delivers or gives alcoholic liquor to any minor, except on the order of a practicing physician, shall be fined not more than $1,500 and/or imprisoned not more than eighteen (18) months.

2. Inducing Minors to Procure Liquor (see Connecticut General Statutes 30-87)

Any person who induces any minor to procure alcoholic liquor from any person permitted to sell the same shall be fined not more than $1,000 and/or imprisoned not more than one (1) year.

3. Misrepresentation of Age (see Connecticut General Statutes 30-88a)

Any person who misrepresents his age or uses or exhibits for the purpose of procuring alcoholic liquor, an operator's license belonging to any other person, shall be fined not less than $200 nor more than $500 and/or imprisoned for not more than thirty (30) days.

4. Procuring Liquor by Persons Forbidden and Public Possession of Liquor by Minors (see Connecticut General Statutes 30-89)

        a. Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than $200 nor more than $500.

        b. Any minor who possesses any alcoholic liquor on any street or highway or in any public place or place open to the public, including a club that is open to the public, shall be fined not less than $200 nor more than $500.

5. Dram Shop Act (see Connecticut General Statutes 30-102)

If any person, by himself or his agent, sells any alcoholic liquor to any intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured, up to the amount of $20,000, or to persons injured in consequence of such intoxication up to an aggregate amount of $50,000.

6. Operating a Motor Vehicle While Under the Influence of Liquor or Drug or While Impaired by Liquor (see Connecticut General Statutes 14-227a)

Any person who operates a motor vehicle while under the influence of intoxicating liquor or drug or both, or who operates a motor vehicle while his ability to operate is impaired by the consumption of intoxicating liquor shall, for conviction of a first violation, be fined not less than $500, and be imprisoned for not more than six (6) months, and shall have his operator's license suspended for one (1) year.

This statute provides for greater penalties for subsequent offenses.

1. Penalty for Simple Possession (see 21 U.S.C. 844[A])

First conviction: Up to (1) year imprisonment and fined at least $1,000 but not more than $100,000 or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000 or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000 or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed twenty years and fined up to $250,000 or both, if:

        a. first conviction and the amount of crack possessed exceeds five grams;

        b. second crack conviction and the amount of crack possessed exceeds three grams;

        c. third or subsequent crack conviction and the amount of crack possessed exceeds one gram.

2. Criminal Forfeitures (see 21 U.S.C. 853[a][2] and 881[a][7])

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one-year imprisonment (see special sentencing provisions regarding crack).

3. Forfeitures (see 21 U.S.C. 881[a][4])

Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

4. Civil Penalties for Possession of Small Amounts of Certain Controlled Substances (see 21 U.S.C. 844a):

Civil fine up to $10,000 (pending adoption of final regulations).

5. Denial of Federal Benefits to Drug Traffickers and Possessors (see 21 U.S.C. 853a)

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses up to one year for first offense, up to five years for second and subsequent offenses.

6. Firearm Forfeiture (see 18 U.S.C. 922[g])

Ineligible to receive or purchase a firearm.

7. Miscellaneous

Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

See "Federal Trafficking Penalties" charts.

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including sexual harassment and abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver. In addition, research indicated that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

The following excerpts from relevant publications describe in general terms some of the most significant health risks associated with illicit drug use.

"Some of the most obvious health-related consequences of illicit drug use are medical emergencies and drug related deaths. Users' ignorance about the identity, purity and potency of street drugs leads to greater and more frequent health related problems than can be attributed to the pharmacological actions and effects of the drugs themselves. Overdose, life-threatening drug interactions, infections and tissue damage are everyday results of users' not being able to depend on the reliability of the drugs available to them." (Drugs and Drug Abuse: A Reference Text, Addiction Research Foundation, 1987, p. 9)

"A predictable effect of the use of almost any psychoactive drug is a distortion of the perception of time, space, and the location of objects within space. A corollary effect is a dose-related reduction in physical coordination or psychomotor functioning." (Drug Abuse and Drug Abuse Research, Department of Health and Human Services, 1984, p.23) These effects explain the relationship of drug use to automobile and other accidents.

"Abuse of alcohol and other drugs significantly increases the risk of transmission of the human immunodeficiency virus (HIV) directly through the sharing of contaminated needles, through sexual contact with intravenous drug abusers or other drug injectors, or through in utero infection and indirectly through adverse effects on immune system functioning and the increased risk of unsafe sexual practices." (Promoting Health/Preventing Disease: Year 2000 Objectives for the Nation, P.H.S., Department of Health and Human Services, 1989, p. 4-2).

Multiple drug use: When any psychoactive substances are taken in combination, the effects are unpredictable and can be life threatening. In some cases, the combined effects are not only addictive but are potentiated, i.e., the effects are exaggerated or multiplied and can lead to a bad reaction or overdose.

The charts "Controlled Substances—Uses and Effects" provide additional information on the uses and effects of controlled substances.

WesWell coordinates a comprehensive alcohol and drug prevention and education program. The program has three components:

This component consists of educational outreach activities with the goal of informing and educating the Wesleyan community about the use and abuse of alcohol and other drugs. The program is aimed at creating an environment on campus in which responsible choices about alcohol and drug use are supported. WesWELL conducts an ongoing social marketing campaign geared towards resetting perceived norms surrounding high-risk use. Some strategies include:

1. Informative and interactive programs during orientation.

2. The office hires a team of student Peer Health Advocates who help staff the WesWELL Office. They design and disseminate a variety of alcohol and drug education materials and assist the health educators in planning prevention activities.

3. The health and wellness educator serves as a resource and an advisor to the Well Being

community, which includes students who opt to live in alcohol and drug-free housing.

4. The office sponsors The Good Clean Fund, which provides financial assistance for student organizations that offer alcohol-free social events.

5. The health and wellness educator conducts resident advisor training and in-services, assists with party host training, provides resident hall programs and campus-wide speakers, sponsors awareness weeks, and maintains a resource library which includes pamphlets, books, journals, videos, and access to appropriate Web sites.

6. The office also regularly assists faculty in conducting research on students' attitude and behavior regarding alcohol and other drug use.

The residential life staff, the peer educators, health services and other student services personnel are trained to identify students who may have substance-abuse problems and can intervene if appropriate, to refer these individuals to the Office of Behavioral Health for Students or to a local treatment center for assessment and treatment, if necessary.

Professionals are available in the Office of Behavioral Health for Students for ongoing counseling and support.

There is one 12-step support program (A.A.), which holds weekly meetings on campus.

The residential life staff offers an alternative (nonalcoholic) beverage stand (Oasis) as an option for social activities. Students in recovery have the option to live in substance-free housing, located in the Well-Being House and well-being residential halls.

The staff of the Davison Health Center takes an approach to substance abuse that emphasizes preventive medicine, health promotion, and education. Entering students are asked about substance abuse by questionnaire and in follow-up interviews. Staff members also inquire about substance abuse during routine health visits and examinations. Staff members try to discuss aspects of alcohol and other substance effects and health risks in other interactions as often as is practical. Staff availability for further discussion and the confidentiality of the service are stressed. The staff maintains a close working relationship with the Health Education Office and the Office of Behavioral Health for Students. Students who refer themselves or are referred by others to the Health Center are first interviewed for diagnostic purposes and then advised about the resources available for further evaluation and treatment. Referrals may be made to campus-based offices and to such off-campus services as the Rushford Center, Middlesex Memorial Hospital Alcohol and Drug Services, or the Elmcrest Community Mental Health Center. Referrals may also be made to services outside of Middletown. For students returning to campus after a period of rehabilitation the Health Center offers counseling, support, and referral to support groups on campus and in Middletown. Students are made aware of existing resources through published and posted brochures, lists of locally available meetings, and through responses to telephone inquiries.

The drug/alcohol treatment program of the Office of Behavioral Health for Students is designed to meet the varied needs of students with substance abuse problems, and the program is designed to deal with different groups of students: those who are (a) self-referred, those who are referred by other offices of the university (for example, Dean's Office, Public Safety, Health Education, Health Center, clergy, faculty), and those who are (b) returning to campus following treatment for substance abuse. The Office of Behavioral Health for Students drug/alcohol treatment program consists of four components: consultation/assessment, voluntary treatment, drug awareness education, and an individualized reentry program.

The assessment consists of one to two sessions with a therapist who assesses the nature of the drug/alcohol use and makes explicit recommendations regarding treatment if that is indicated. The consultation portion of the program is designed to be used by students who have concerns about their drug/alcohol use but who might be reluctant to seek treatment. Any member of the University Community can also refer students directly to the program.

Treatment begins with an assessment of the nature and extent of drug/alcohol use and the formulation of a treatment plan, which may include individual therapy, A.A./N.A. meetings, and group therapy. When outpatient therapy is insufficient to meet the needs of the student, a referral to an inpatient facility is made. In those instances, careful consideration is given to the student's support networks, to family finances, to the type of program, and to post rehabilitation requirements before any recommendation is made.

This program is for those students who have been strongly recommended to treatment by other offices of the university because of their drug/alcohol use. When a student is referred to this program, the student will be required to attend eight consecutive sessions. The purpose of the group is to educate students about drug/alcohol abuse and to help the students become aware of negative consequences of their drug/alcohol use. The program uses different methods to accomplish this. Just one example: students are required to keep a daily log of their drug/alcohol use. These logs will be used to confront consumption rates.

This program is for those students who are returning to the university following treatment (usually inpatient) for drug/alcohol abuse. When the student returns to campus, he/she will meet with a therapist to develop an individualized plan for his/her successful return to the university. This plan will be coordinated with the treatment facilities with which the student was involved. The plan may include individual psychotherapy, continued involvement in A.A./N.A., participation as the facilitator in the drug awareness group, and participation in a reentry support group.

The University will review the policy on illegal drugs and alcohol at least every two years for the purpose of assessing its effectiveness and insuring that disciplinary sanctions are consistently enforced. Changes in the policy will be implemented as needed following each review.