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Student Handbook: Illegal Drugs and Alcohol
STANDARDS OF CONDUCT
ILLEGAL DRUGS AND ALCOHOL
Standards of Conduct
The
University prohibits the underage and 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, 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.
Financial Aid Eligibility: A
student who has been convicted of any offense under Federal or State law
involving
the possession or sale of a controlled substance will not be eligible to receive
certain grants, loans or work
assistance from the time of conviction through a period of ineligibility. The
Dean of Students Office will monitor
and report any known conviction to the Financial Aid Office.
The Student Judicial Board has provided
the following information related to typical sanctions for students:
First Offense
For minor violations, the
student may receive a disciplinary warning via a simplified procedure (pursuant
to section III-D-3 of the Code of Non-Academic Conduct). For serious violations,
the student may
receive more severe sanctions.
Second Offense
The student may receive a
period of disciplinary probation and an educational assignment. As permitted
by the 1998 Reauthorization of Higher Education Act, Wesleyan may notify parents
when a student is
placed on disciplinary probation as a result of an alcohol/drug policy violation
(generally this occurs as
a result of a second offense or serious first offense).
Third Offense
If such an offense occurs
during the probationary period, the student may be suspended for at least one
semester. If the offense occurs after the probationary period, the student may
receive an extended period
of disciplinary probation, an educational assignment, and community service.
Local, State, and Federal
Legal Sanctions
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
under way 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.33
Local Laws
A. Alcohol
1.
Use of Alcoholic Beverages Prohibited (see
Middletown Code of Ordinances, 18–9)
a. The possession and/or
drinking of alcoholic beverages, including, but not limited to, wine and
beer, by any person on any city-owned property under the jurisdiction of the
Parks 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. No person under the age
of 21 shall be in possession of alcohol on public or private property.
c. Beer kegs on any city
property under the jurisdiction of the Parks and Recreation Department of the
city of Middletown shall only be permitted by special permit.
d. 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.
State Laws
A. Drugs
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
21añ277.)
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
21añ277.)
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 Nondrugdependent
Person
a. Minimum prison term of
not less than five 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 years for first offense, and for subsequent offenses, minimum
prison term of not less than 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-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-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 years
and/or fined not more
than $50,000, and for a second offense, may be imprisoned not more than 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.
B. Alcohol
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
18 months.
2.
Inducing Minors to Procure Liquor (see
Connecticut General Statutes 30-87)
a. 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
year.
3.
Misrepresentation of Age (see Connecticut
General Statutes 30–88a)
a. 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 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)
a. 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)
a. 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 months, and shall have his operator’s license
suspended for one year.
b. This statute provides for
greater penalties for subsequent offenses.
Federal Laws
A. Federal Penalties and
Sanctions for Illegal Possession of a Controlled Substance
1.
Penalty for Simple Possession (See 21 U.S.C.
844[A].)
First conviction: Up to one
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 20 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.
8.
Federal Trafficking Penalties
See “Federal Trafficking
Penalties” charts (Appendix A).
Health Risks Associ ated
with Alcohol Use
While most college students
either do not drink or drink moderately, some students report high risk alcohol consumption.
The U.S. Surgeon General and
the U.S. Department of Health and Human Services have identified high
risk drinking among college students as a major public health problem, which is
neither victimless nor cost-free.
Consuming alcohol at high
risk levels is more likely to result in personal consequences such as:
• hangovers, vomiting or
nausea
• memory loss (“blacking
out”) or loss of consciousness (“passing out”)
• being criticized for their
drinking behaviors
• regretting actions taken
while under the influence of alcohol
• damage to relationships
with friends and family
• unplanned or unsafe sexual
activity
• missing classes
• poor performance on an
exam or project
• lower grade point averages
• driving while intoxicated
• hospitalization due to
injury or severe intoxication
• citation by university
judicial system or arrest by local police
• alcohol dependency or
addiction
• death due to injury,
accident or alcohol overdose
Those who do not drink or do
not abuse alcohol may experience secondhand consequences from others’ excessive
alcohol use. In addition to physical and sexual assault and damaged property,
these consequences may include
unwanted sexual advances and disrupted sleep and study.
Many students carry an
expectation that there are a subset of drinking behaviors relegated to the
college years.
While it is often the case that we “grow out” of potentially perilous drinking
behaviors, there may be patterns set
which have lasting impacts. While only a small minority of students will develop
clinical alcoholism, many more
will suffer avoidable negative impact on relationships and studies. (Information
adapted from the Task Force of
the National Advisory Council on Alcohol Abuse and Alcoholism. “A Call to
Action: Changing the Culture of
Drinking at U.S. Colleges,” April 2002. Available at
www.collegedrinkingprevention.gov.)
Health Risks Associated
with Illicit Drug Use
Similar to alcohol, someone
who uses illicit drugs on a regular basis is at increased risk for experiencing
negative
consequences (see “Health Risks Associated with Alcohol Use,” above). These
consequences can vary greatly
depending on the substance, the quantity consumed, if it is combined with
alcohol or other substances, and the
frequency of consumption. Some consequences may include the following:
• Mental and physical health
problems, including lowered resistance to disease/illness, Increased risk of
ulcers,
heart disease, and cancers of the liver, mouth, throat and stomach, memory loss,
anxiety disorders, phobias,
and depression.
• Increased risk of serious
injury to self or others, due to fighting, sexual assault, driving under the
influence,
homicide and suicide.
• Increased likelihood of
engaging in unprotected/unsafe sex, due to impaired judgment which may result in
unplanned pregnancy and/or infection with a sexually transmitted disease.
• Increased engagement in other
illegal activities, including vandalism, physical assault, sexual assault,
driving
under the influence, etc.
• Increased likelihood of
developing an addiction, particularly those with a family history of alcohol or
other
drug addiction. They are at least four times more likely to develop an
addiction.
• Increased likelihood of
death. Drug use increases the odds of death from accidental or intentional drug
overdoses as well as participation in other unsafe behaviors (e.g., driving
under the influence).
Multiple drug use:
Drugs, by definition, impact the body’s
physiologic processes by chemical means. These
interactions may be unpredictable, especially when the constituents of drugs are
partially unknown (as with street
or club drugs), or of unexpected intensity as when prescription drugs are
misused. Such effects are especially
problematic when drugs are mixed or combined with alcohol or with other
prescription or herbal medications a
student may be taking.
At best, such an outcome is
frightening or uncomfortable; at worst it could lead to unintended effects as
detailed
above. In addition to these risks, there is the possibility of addiction to
behavior patterns or physical addiction,
both of which can yield devastating impact on family, finances, health, etc.
The charts “Controlled
Substances—Uses and Effects” (see Appendix B) provide additional information on
the
uses and effects of controlled substances.
(Information adapted from
McDowell, U. and Futris, T., “Adolescents at Risk: Illicit Drug Use.” Department
of
Human Development and Family Science, The Ohio State University, 2002; and C.
Kuhn, S. Swartzwelder and W.
Wilson, “Buzzed: The straight facts about the most used and abused drugs from
alcohol to ecstasy,” 1998.)
Alcohol and Other Drug
Prevention and Education for Students
WesWELL, the Office of
Health Education | Davison Health Center, 327 High Street
x2466, www.wesleyan.edu/weswell
WesWELL, the Office of
Health Education, coordinates alcohol and other drug prevention education
activities.
These efforts consist 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.
Some strategies include:
1. The director of health
education hires a team of student Peer Health Advocates who create peer-led
outreach
activities on a range of health issues, including alcohol and other drugs. They
design and disseminate a variety
of activities and materials, assist the director in planning prevention
activities, and help staff the WesWELL
Office.
2. The health education
staff offers informative and interactive programs during New Student
Orientation, residentially-
based workshops throughout the year, and sponsors awareness events and speakers,
often in collaboration with
other departments or student organizations.
3. The health education
staff supports students referred for educational follow-up as a result of
alcohol and other
drug policy violations. This may be a one-on-one meeting with the director,
participation in a group-based
alcohol education class called CHOICES or completing university service hours.,
4. The director of health
education conducts Residence Life student staff training and in-services,
assists with
event staff training, and supports the training needs of other departments and
groups on alcohol and other
drug issues as requested.
5. WesWELL coordinates the
HealthFull Words Fund, which provides funding for student organizations for
educational
events on health issues, including alcohol and other drugs.
6. The office maintains an
in-house resource library that includes pamphlets, books, journals, and DVDs,
and
access to appropriate Internet-based resources via the WesWELL Web site:
www.wesleyan.edu/weswell/and
blog: weswell.blogs.wesleyan.edu. Anonymous and confidential online alcohol and
marijuana assessments can
be accessed via the WesWELL Web site.
7. The director of health
education 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.
8. The office regularly
assists in conducting research on students’ attitudes and behavior regarding
alcohol and
other drug use.
Alcohol and Other Drug
Intervention and Support
A. Identification,
Intervention, and Referral of Students with Substance Abuse Problems
Health Services and other
Student Affairs and Deans’ Office staff 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. The Residential Life
student staff and the Peer Health Advocates may also refer students to Health
Services and Behavioral Health for
problems with alcohol and other drugs.
Additionally, students who
violate the University’s Alcohol and Other Drug Policy may be referred by the
Student Judicial Board (SJB) to meet with staff in Health Services and/or
Behavioral Health for an evaluation/
assessment or ongoing therapy.
B. Ongoing Support for
Students in Recovery
Professionals are available
in the Office of Behavioral Health for Students for ongoing counseling and
support.
Twelve-step support programs are available locally; for more information contact
the Office of Health Education.
Students in recovery have the option to live in substance-free housing available
through the Office of Residential
Life.
Alcohol and Drug
Counseling and Treatment for Students
Davison Health Center,
327 High Street | x2470, www.wesleyan.edu/healthservices
The Davison Health Center
serves as an important point of first contact for many students. The Health
Center
staff are well-attuned to the direct and indirect effects of alcohol and other
drugs on students’ lives and factor this
in virtually every clinical encounter. Educating and advising students on the
use of alcohol and other drugs occurs
directly when medical history or exam suggest that their use may be having an
impact on physical, academic or
social functioning and indirectly as when students are advised to avoid alcohol
use to promote recovery from a viral
illness. When necessary, students are referred to the Office of Behavioral
Health or other substance abuse resources.
Office of Behavioral
Health for Students | Davison Health Center, 327 High Street
x2910, www.wesleyan.edu/obhs
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 self-referred, those who are referred by other offices
and members of the university ommunity,and those who are returning to campus
following treatment for substance abuse.
The Office of Behavioral
Health for Students’ drug/alcohol program consists of four components:
consultation
and assessment, voluntary treatment, drug awareness education, and an
individualized reentry program.
A. Consultation and
Assessment
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 Office
of Behavioral Health program.
B. Voluntary Treatment
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, AA/NA 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 postrehabilitation requirements before any
recommendation is made.
C. Alcohol/Drug Awareness
Education
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 an average of six consecutive sessions. The purpose of the
session 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.
D. Individualized Reentry
Program
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.
Policy Review
The University will review
the Illegal Drugs and Alcohol Policy at least every two years to assess its
effectiveness
and ensure that disciplinary sanctions are consistently enforced. Changes in the
policy will be implemented as needed following each review.
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