Alcohol and Controlled Substances

On August 16, 1990, the Department of Education issued the final regulations implementing amendments to the Drug-Free Schools and Communities Act enacted on December 12, 1989 in the Federal Register. The goal of the amendments is to require each institution of higher education to certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. Note that no distinction is made in the Act between full-time and part-time or permanent and temporary students or employees. Under these amendments, each institution of higher education must have a drug and alcohol abuse prevention program including annual distribution of a report to every employee and to any student taking one or more classes for any type of academic credit (except continuing education units). The report is required to include:

  • Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on an institution's property or as part of any of its activities;
  • A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol;
  • A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
  • A description of any drug or alcohol counseling, treatment, rehabilitation, or reentry programs that are available to employees or students; and
  • A clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with local, state, and federal laws) for violations of published standards of conduct, and a description of those sanctions, up to and including expulsion or termination of employment.

Policy on Student Use of Alcohol and Controlled Substances

This policy statement is specific to Union Institute & University students. It has been adapted from the policy for employees as published in the Human Resources Policy Manual. The use, sale, transfer or possession of alcohol or controlled substances by students creates a potential for harm and is not permitted on Union Institute & University (UI&U) property or at any university sponsored learning activity or events, except as specifically authorized by this policy.

UI&U encourages students who have problems with alcohol or use of controlled substances to make use of available internal and external resources to help control or resolve their problem. UI&U supports rehabilitative efforts and will assist if requested to do so.

If a student has a medical condition or a substance addiction and has reason to believe the condition may impair attendance or performance, he/she are expected to notify his/her faculty advisor or dean. However, students should be aware that providing information about a medical condition or substance addiction for the first time during a disciplinary proceeding will not negate the disciplinary action from continuing.

UI&U may assist individuals who have violated this policy through referral to a rehabilitation program, but is under no obligation to do so beyond the information provided in the statement on Drug and Alcohol Abuse Prevention.

If the student’s use of a controlled substances is related to a condition that qualifies as a disability under the Americans with Disabilities Act (ADA), he or she may also apply for accommodation to the university’s ADA coordinator, in accordance with published procedures. Requests for ADA accommodation and/or rehabilitation assistance do not preclude any disciplinary action for violations of this or any other university policy.

Standards and Consequences

  • UI&U permits the legal use of medication or drugs prescribed by a licensed practitioner or purchased over-the-counter provided that such usage does not endanger the safety of others. Students who are legally taking medications that may impair performance are expected to inform their faculty advisor or dean.

  • Alcohol may occasionally be served at university-sponsored events held at university centers or locations outside the university. students and/or employees may consume alcohol in moderation at such events; individuals whose behavior is impaired due to alcohol consumption may be required to leave the event and/or be subject to disciplinary action.
  • The illegal use, sale, transfer or possession of controlled substances or alcohol by a student or employee during a university-sponsored learning activity or on university property is forbidden. Such activity is grounds for dismissal.

Definitions:

  • CONTROLLED SUBSTANCE: any narcotic, drug or drug-like substance for which the sale, use, or possession is either unlawful or is being utilized outside of prescribed medical treatment. Controlled substances include, but are not limited to, marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.
  • ILLEGAL USE: illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs.
  • LEGAL DRUGS: A legally prescribed drug means that an individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient’s name, the name of the substance, quantity/ amount to be taken, and the period of authorization.
  • MODERATION: when referring to consumption of alcohol at university sponsored events, moderation is defined not by the quantity of alcohol consumed but by resulting behavior.
  • UNIVERSITY PROPERTY: Any university owned, leased, or rented building, grounds, office, classroom or other facility. Includes off-campus course and degree sites, and off-campus facilities, such as hotel and conference center space, used by the university for learning activities.
     
  • Effective 3/1/2009 as revised

    Drug and Alcohol Abuse Prevention Program

    Drug abuse affects all aspects of American life. It threatens the workplace as well as our homes, our schools, and our community. The U.S. Department of Education requires institutions of higher education to implement a drug- prevention and awareness program for their students and employees. UI&U has a “Zero-Tolerance” policy regarding the unlawful use, sale, possession and/or distribution of illegal drugs and alcohol.

    All members of the UI&U community must adhere to a code of conduct that recognizes that the unlawful manufacture, sale, delivery, unauthorized possession, or use of any illicit drug is prohibited on property owned or otherwise controlled by UI&U. If an individual associated with UI&U is apprehended for violating any drug or alcohol related law when on university property, or participating in a university activity, the university will fully support and cooperate with federal and state law enforcement agencies.

    The materials that follow are intended to help inform the university community of the standards of conduct required with regard to illicit drugs and alcohol and the possible consequences of inappropriate behavior.

    Alcohol and Drug Prevention and Counseling Services

    The following national toll-free telephone numbers are provided to assist any member of the university community who may have a drug or alcohol problem. These various agencies can provide guidance and assistance in identifying a counseling, treatment, or rehabilitation program that meets individual needs.

    • Al-Anon 1-800-356-9996
    • American Council on Alcoholism 1-800-527-5344
    • National Council On Alcoholism 1-800 NCA-Call (622-2255)
    • National Institute On Drug Abuse Hotline 1-800-662-HELP (662-4357)
    • National Institute on Drug Abuse Helpline 1-800-843-4971

    Health Risks of Alcohol and Other Drugs

    Health risks of using alcohol or other drugs include both physical and psychological effects. The health consequences of drugs depend on the frequency, duration, and the intensity of use. For all drugs, there is a risk of overdose. Overdose can result in coma, convulsions, psychosis, or death. Combinations of certain drugs, such as alcohol and barbiturates, can be lethal. The purity and strength of doses of illegal drugs are uncertain. Continued use of substances can lead to tolerance (requiring more and more of a drug to get the same effect), dependence (physical or psychological need), or withdrawal (a painful, difficult and dangerous symptom when stopping the use of drugs). Long-term chronic use of drugs can lead to malnutrition, organic damage to the body, and psychological problems. The risk of AIDS and other diseases increases if drugs are injected. The consumption of alcohol or drugs by pregnant woman may cause abnormalities (such as Fetal Alcohol Syndrome, the third leading cause of birth defects) in babies.

    Physical and Psychological Dependence and Effects of Specific Drugs

    DRUGS OF ABUSE/Uses and Effects  U.S. Department of Justice    Drug Enforcement Administration

     

    Dependence

     

    Drugs

    Physical

    Psychological

    Possible Effects

    Effects of Overdose

     

    Narcotics

     

     

     

     

     

    Heroin

    High

    High

    Euphoria, drowsiness, respiratory depression, constricted pupils, nausea

    Slow and shallow breathing, clammy skin, convulsions, coma, possible death

     

    Morphine

    High

    High

     

    Hydrocodone

    High

    High

     

    Hydro-morphone

    High

    High

     

    Oxycodone

    High

    High

     

    Codeine

    Moderate

    Moderate

     

    Other Narcotics

    High-Low

    High-Low

     

    Depressants

     

     

     

     

     

    gamma Hydroxybutyric Acid

    Moderate

    Moderate

    Slurred speech, disorientation, drunken behavior without odor of alcohol, impaired memory of events, interacts with alcohol

    Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death

     

    Benzodiazepines

    Moderate

    Moderate

     

    Other Depressants

    Moderate

    Moderate

     

    Stimulants

     

     

     

     

     

    Cocaine

    Possible

    High

    Increased alertness, excitation, euphoria, increased pulse rate & blood pressure, insomnia, loss of appetite

    Agitation, increased body temperature, hallucinations, convulsions, possible death

     

    Amphetamine/
    Meth-amphetamine

    Possible

    High

     

    Methylphenidate

    Possible

    High

     

    Other Stimulants

    Possible

    Moderate

     

    Hallucinogens

     

     

     

     

     

    MDMA and Analogs

    None

    Moderate

     Heightened senses, teeth grinding and dehydration

    Increased body temperature, electrolyte imbalance, cardiac arrest

     

    LSD

    None

     Unknown

    Illusions and hallucinations, altered perception of time and distance

    (LSD) Longer, more intense "trip" episodes

     

    Phencyclidine and Analogs

    Possible

    High

    Unable to direct movement, feel pain, or remember

     

    Other Hallucinogens

    None

    None

     

    Cannabis

     

     

     

     

     

    Marijuana

    Unknown

    Moderate

    Euphoria, relaxed inhibitions, increased appetite, disorientation

    Fatigue, paranoia, possible psychosis

     

    Tetrahydro-cannabinol

    Yes

    Moderate

     

    Hashish and Hashish Oil

    Unknown

    Moderate

     

    Anabolic Steroids

     

     

     

     

     

    Testosterone

    Unknown

    Unknown

    Virilization, edema, testicular atrophy, gyneco-mastia, acne, aggressive behavior

    Unknown

     

    Other Anabolic Steroids

    Unknown

    Yes

     

    Inhalants

     

     

     

     

     

    Amyl and Butyl Nitrite

    Unknown

    Unknown

    Flushing, hypotension, headache

    Methemo-globinemia

     

    Nitrous Oxide

    Unknown

    Low

    Impaired memory, slurred speech, drunken behavior, slow onset vitamin deficiency, organ damage

    Vomiting, respiratory depression, loss of consciousness, possible death

     

    Other Inhalants

    Unknown

    High

     

    Alcohol

    High

    High

     










    Federal Sanctions - Illicit Drug Laws

    Pursuant to federal law, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury; and, possession of more than 5 grams of cocaine can

    For additional details about Federal illicit drug laws:

    DRUG/SCHEDULE

    QUANTITY

    PENALTIES

    QUANTITY

    PENALTIES

    Cocaine (Schedule II)

    500 - 4999 gms mixture

    First Offense:

    Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual

    Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual

    5 kgs or more mixture

    First Offense:

    Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

    Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

    2 or More Prior Offenses: Life imprisonment

    Cocaine Base (Schedule II)

    5-49 gms mixture

    50 gms or more mixture

    Fentanyl (Schedule II)

    40 - 399 gms mixture

    400 gms or more mixture

    Fentanyl Analogue (Schedule I)

    10 - 99 gms mixture

    100 gms or more mixture

    Heroin (Schedule I)

    100 - 999 gms mixture

    1 kg or more mixture

    LSD (Schedule I)

    1 - 9 gms mixture

    10 gms or more mixture

    Methamphetamine (Schedule II)

    5 - 49 gms pure or 50 - 499 gms mixture

    50 gms or more pure or 500 gms or more mixture

    PCP (Schedule II)

    10 - 99 gms pure or 100 - 999 gms mixture

    100 gm or more pure or 1 kg or more mixture

     


     

    PENALTIES

    Other Sched I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)

    Any amount

     

    First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.

    Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

    Flunitrazepam
    (Schedule IV)

    1 gm or more

    See above

    Other Schedule III drugs

    Any amount

     

    First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

    Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual

    Flunitrazepam (Schedule IV)

    30 to 999 mgs

    All other Schedule IV drugs

    Any amount

    First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

    Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

    Flunitrazepam (Schedule IV)

    Less than 30 mgs

    All Schedule V drugs

    Any amount

    First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

    Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

     

    DRUG

    QUANTITY

    PENALTIES: 1st OFFENSE

    PENALTIES: 2nd OFFENSE

    Marijuana

    1,000 kg or more mixture; or 1,000 or more plants

    • Not less than 10 years, not more than life
    • If death or serious injury, not less than 20 years, not more than life
    • Fine not more than $4 million if an individual, $10 million if other than an individual
    • Not less than 20 years, not more than life
    • If death or serious injury, mandatory life
    • Fine not more than $8 million if an individual, $20 million if other than an individual

    Marijuana

    100 kg to 999 kg mixture; or 100 to 999 plants

    • Not less than 5 years, not more than 40 years
    • If death or serous injury, not less than 20 years, not more than life
    • Fine not more than $2 million if an individual, $5 million if other than an individual
    • Not less than 10 years, not more than life
    • If death or serious injury, mandatory life
    • Fine not more than $4 million if an individual, $10 million if other than an individual

    Marijuana

    more than 10 kgs hashish; 50 to 99 kg mixture

    more than 1 kg of hashish oil; 50 to 99 plants

    • Not more than 20 years
    • If death or serious injury, not less than 20 years, not more than life
    • Fine $1 million if an individual, $5 million if other than an individual
    • Not more than 30 years
    • If death or serious injury, mandatory life
    • Fine $2 million if an individual, $10 million if other than individual

    Marijuana

    1 to 49 plants; less than 50 kg mixture

    • Not more than 5 years
    • Fine not more than $250,000, $1 million other than individual

     

    • Not more than 10 years
    • Fine $500,000 if an individual, $2 million if other than individual

     

    Hashish

    10 kg or less

    Hashish Oil

    1 kg or less