Drug and Alcohol Abuse Prevention
Board of Trustees Policy: 5.5
Date: June 2023
Supersedes: September 2017, June 2017, May 2014, March 2013, June 2012, May 2003
Purpose
Montgomery County Community College is committed to protecting the safety, health, and well-being of its employees, students, and all people who come into contact with its workplace and property and/or use of its services. Recognizing that alcohol and drug abuse pose a direct threat to this commitment, the College is committed to assuring a drug and alcohol free environment for all of its employees and students.
Policy
The College prohibits the unlawful manufacture, distribution, dispensation, possession
or use of a controlled substance, including alcohol, in the workplace, as defined
in the Drug-Free Workplace Act of 1988.
Alcoholic beverages shall not be bought, consumed, or sold at the College except as
authorized by the President of the College. Presidential Authorization of the use
of alcohol may be requested via the Alcohol Request Form. The Alcohol Request Form
should be submitted no less than ten (10) business days before the date of the event.
Bring Your Own Beverage (commonly known as “BYOB") events are strictly prohibited.
Insurance coverage for alcohol use is required, as noted in the Use of College Facilities
policy (5.1). Vendors serving alcohol are required to submit a license from the Pennsylvania
Liquor Control Board.
The President will provide an update to the Finance and Institutional Risk Committee on an annual basis of all alcohol requests.
Policy Exception
An exception to this policy will apply to the purchase of alcohol required in a recipe
ingredient for instructional use in the Culinary Arts program or the Hotel & Restaurant
Management program. Acceptable use of alcohol in the College’s Culinary Arts and Hotel
& Restaurant Management classes is specifically limited to the cooking process. Use
of alcohol as a recipe ingredient will be dictated by a specific lesson plan and monitored
by the chef/instructor. Consumption of alcohol within the class or on Campus is strictly
prohibited. Alcohol will be purchased only as needed for particular recipes and will
not be stocked or held as inventory.
An additional exception to this policy will also apply to the purchase of laboratory
grade ethanol required in an experiment for instructional use in the following labs:
Biology, Biotechnology, Chemistry and Microbiology. Acceptable use of alcohol in the
College’s
Science classes is specifically limited to experiments conducted in the labs. Use
of alcohol
as a reagent in an experiment will be dictated by a specific lesson plan and monitored
by the instructor.
Consumption of alcohol within the class, lab or on Campus is strictly prohibited.
Alcohol will be purchased in the smallest volume, as needed for lab experiments and
if storage is necessary will be stored according to industry accepted safety standards.
Employee Obligations
Additionally, the College respects the privacy of its employees, and it also recognizes that it has an obligation to maintain a drug and alcohol free workplace because substance abuse can have a harmful effect on the learning and work environment. Employees are expected to report for work physically and mentally able to safely and effectively perform their essential functions. Compliance with this requirement is considered to be an essential job qualification for all faculty and staff. Violation of this policy may result in disciplinary action up to and including termination.
Biennial Review
A biennial review shall be conducted: (1) to determine the effectiveness of the Drug and Alcohol Abuse Prevention Policy (5.5) and (2) to ensure that the policy has been implemented consistently. The Policy Development Policy (1.3) will guide the biennial review committee on submission of any revisions to this policy. All biennial review documents shall remain on file for compliance.
Annual Distribution for College Employees and Students
Distribution to Employees
Employees will be informed about the College’s Drug and Alcohol Abuse Prevention Policy
at New Employee Orientation sessions, as well as through communications sent to all
new employees to the College. Employees are also informed about the College’s Drug
and
Alcohol Abuse Prevention Policy through annual communications. The Drug and Alcohol
Abuse Prevention Policy is provided in paper format to all new employees to the College
at the New Employee Orientation which occurs monthly for all new hires. Every January,
all employees of the College electronically receive the Drug and Alcohol Abuse Prevention
Policy via our email system. Within these communications, it shall be communicated
to the employees of the College standards of conduct expected of employees, a description
of sanctions for violation of state, federal, local and campus laws relating to the
use, sale, possession, and distribution of drugs and alcohol, and additional information
about health risks associated with drug and alcohol use.
Any changes to the policy that would occur before the annual notification to the employees,
the College shall send out an email notification regarding any and all modifications
to the policy along with a link to the changed/updated policy.
Distribution to Students
Students will be informed about the Drug and Alcohol Abuse Prevention Policy at the
New
Student Orientation sessions, as well as through communications by email from Enrollment
Services to enrolled credit students each semester and portal announcement. This will
include information about health risks associated with drug and alcohol use, standards
of conduct expected of students, a description of sanctions for violation of state,
federal, local laws relating to the use, possession, sale or distribution of drugs
and alcohol, the College’s Student Support and Referral Team, and community resources
available to assist students dealing with issues related to drug and alcohol use and/or
abuse.
In subsequent years during a student’s enrollment in the school they will be reminded
of the policy by email and on the College Portal. To the extent there are changes
to the policy at any time, students will be sent a notification via email of any changes
made to the policy.
Drug and Alcohol counseling and supports available to employees and students
A. Programs and Support for Employees
An Employee Assistance Program (EAP) has been established to provide professional
counseling and rehabilitation programs for employees in need of these services due
to drug and/or alcohol abuse. Within thirty (30) days of receiving notification of
an employee’s drug statute conviction, the College will initiate appropriate personnel
actions which may include imposing a sanction or requiring the satisfactory participation
in a drug abuse assistance or rehabilitation program through the EAP or another approved
agency.
Carebridge EAP is a worksite-focused program designed to assist in the identification
and resolution of productivity problems associated with personal problems, such as
alcohol and/or drug abuse.
Assistance is based on these important drug free workplace ideas:
- Employees are a vital part of business and valuable members of the team.
- It is better to offer assistance to employees than to fire them.
- Recovering employees can, once again, become productive and effective members of the workforce
Assistance provided directly to individual employees includes:
- General information and referral resources
- Crisis intervention
- Easy access to help
- Timely problem identification
- Short-term problem resolution
- Substance abuse assessments
- Referral for diagnosis and treatment or other kinds of help
- Follow-up contacts or sessions to provide support
Carebridge EAP systematically and effectively approaches workplace and personal problems.
The employee assistance professional communicates privately with the employee, discusses
the issues with the employee and helps identify the problem. The EAP then explores
available options and refers the employee to appropriate resources that may be available
in the community or professional services covered under the employee benefit plan.
In situations involving substance abuse or alcohol related
concerns, Carebridge provides case coordination including referral for assessment,
referral for recommended assistance, compliance monitoring through primary treatment
and status reports to designated company contact. Carebridge accepts drug test positive
referrals and provides case management of 1 year or longer if indicated. Treatment
referrals include treatment centers, individual counseling, self-help groups and community
resources. Carebridge provides consultation on return-to-work matters. Carebridge
EAP will provide management with resources to facilitate psychological fitness for
duty referrals and evaluations. Assessments must be conducted by an evaluator that
is not associated with EAP Services.
Carebridge EAP offer services not only to employees but also to their dependent family
members. This proves to be a wise investment because the work performance of an employee
can be affected when a parent, spouse or child is abusing alcohol and other drugs.
On-staff substance abuse specialists and network providers are credentialed as licensed
masters’ clinicians or doctorate level psychologists with specialized training and
credentialing in the field of substance abuse and employee assistance.
As a condition of employment, all employees must abide by the Drug and Alcohol Abuse
Prevention Policy. Any employee who is convicted of any drug violation must inform
the College within five (5) days of the conviction. The College is required to notify
the proper federal agency of this conviction within ten (10) days of receiving a notice
of conviction from the employee.
Within thirty (30) days of receiving notification of an employee’s drug statute conviction,
the College will initiate appropriate personnel action which may include imposing
a sanction or requiring the satisfactory participation in a drug abuse assistance
or rehabilitation program through the EAP or another approved agency.
B. Program and Support for Students
Counselors in the Student Success Center and members of the Student Support and Referral
Team (SSRT) are available, on a confidential basis, to respond to students with issues related to drug and alcohol use. The Student
Support and Referral Team (SSRT) is aware that students face many challenges in and
out of the classroom. SSRT is a free, confidential referral service available to
all students. It involves a support team of counselors, faculty and staff who assist
students dealing with issues such as emotional distress, stress, anxiety, eating disorders,
abuse, depression, grief, potential violence and substance abuse. SSRT works to connect
students with College and community resources and caring professionals. If students
recognize they have concerns, they may contact SSRT directly for assistance, either
by sending an email to a secure, confidential address, StudentReferral@ai183club.com, or by visiting the Student Success Center located in College Hall at the Blue Bell
Campus or South Hall at the Pottstown Campus.
Below is a list of Community Resources available to our students:
Pottstown Area & Vicinity
11 Robinson Street, Pottstown, PA 19464 Phone: 610-326-8712
Outpatient drug and alcohol treatment
701 South Main Street
Phoenixville, PA 19460
610-933-8880
Provides services including: screening, assessment & intervention; substance abuse
treatment; individual, group & family counseling; DUI assessments, treatment, group; specialized services for Spanish speaking only persons; dual disorders groups. Outpatient
& Intensive Outpatient Services available.
Blue Bell Area & Vicinity
722 East Butler Pike, Ambler, PA 19002
Phone: 1-800-237-4447
Twenty-four hour psychiatric evaluation, consultation and referral
Inpatient and outpatient therapy
Fees: Covered by most insurance and Medical Assistance
1033 W. Germantown Pike, Norristown, PA 19403
Phone: 610-539-8500
An acute and sub-acute care institution dedicated to the treatment of alcoholism,
drug addiction and associated physical and emotional disorders.
Student violation of the Drug and Alcohol Abuse Prevention Policy could result in
disciplinary probation, suspension or dismissal from Montgomery County Community College.
View the Student Code of Conduct for more information.
Students will be informed about the Drug and Alcohol Abuse Prevention Policy at the
New Student Orientation sessions, as well as through communications by email from Enrollment
Services to enrolled credit students each semester and portal announcement. This will
include information about health risks associated with drug and alcohol use, standards
of conduct expected of students, a description of sanctions for violation of state,
federal, local laws relating to the use, possession, sale or distribution of drugs
and alcohol, the College’s Student Support and Referral Team, and community resources
available to assist students dealing with issues related to drug and alcohol use and/or
abuse.
Health Risks Associated with Drug and Alcohol Use and Abuse
Source: NIDA Website
Alcohol: Ethyl alcohol, or ethanol, is an intoxicating ingredient found in beer, wine, and
liquor. Alcohol is produced by the fermentation of yeast, sugars, and starches. It
is a central nervous system depressant that is rapidly absorbed from the stomach and
small intestine into the bloodstream. A standard drink equals 0.6 ounces of pure ethanol,
or 12 ounces of beer; 8 ounces of malt liquor; 5 ounces of wine; or 1.5 ounces (a
"shot") of 80-proof distilled spirits or liquor (e.g., gin, rum, vodka, or whiskey).
NIDA does not conduct research on alcohol; for more information, please visit the
National Institute on Alcohol Abuse and Alcoholism (NIAAA) and the Centers for Disease
Control (CDC).
- Effects: Alcohol affects every organ in the drinker's body and can damage a developing fetus.
Intoxication can impair brain function and motor skills; heavy use can increase risk
of certain cancers, stroke, and liver disease. Alcoholism or alcohol dependence is
a diagnosable disease characterized by a strong craving for alcohol, and/or continued
use despite harm or personal injury. Alcohol abuse, which can lead to alcoholism,
is a pattern of drinking that results in harm to one's health, interpersonal relationships,
or ability to work.
Bath Salts: The term “bath salts” refers to an emerging family of drugs containing one or more synthetic chemicals related to cathinone, an amphetamine-like stimulant found naturally in the Khat plant. Bath salts typically take the form of a white or brown crystalline powder and are sold in small plastic or foil packages labeled “not for human consumption.” Sometimes also marketed as “plant food” or, more recently, as “jewelry cleaner” or “phone screen cleaner”. Bath salts are typically taken orally, inhaled, or injected, with the worst outcomes being associated with snorting or needle injection.
- Other Names: sold online and in drug paraphernalia stores under a variety of brand names, such as “Ivory Wave," "Bloom," "Cloud Nine," "Lunar Wave," "Vanilla Sky," "White Lightning," and “Scarface.”
- Effects: Reports of severe intoxication and dangerous health effects associated with use of
bath salts have made these drugs a serious and growing public health and safety issue.
The synthetic cathinones in bath salts can produce euphoria and increased sociability
and sex drive, but some users experience paranoia, agitation, and hallucinatory delirium;
some even display psychotic and violent behavior, and deaths have been reported in
several instances. The hallucinatory effects often reported in users of bath salts
are consistent with other drugs such as MDMA or LSD.
Club Drugs: tend to be used by teenagers and young adults at bars, nightclubs, concerts, and parties. Club drugs include GHB, Rohypnol®, ketamine, and others. MDMA (Ecstasy),Methamphetamine, and LSD (Acid), are considered club drugs and are covered in their individual drug summaries.
- Street Names: Special K, vitamin K, jet (ketamine); G, liquid ecstasy, soap (GHB); roofies (Rohypnol®).
- Effects: Club drugs have varying effects. Ketamine distorts perception and produces feelings
of detachment from the environment and self, while GHB and rohypnol are sedating.
GHB abuse can cause coma and seizures. High doses of ketamine can cause delirium and
amnesia. Rohypnol® can incapacitate users and cause amnesia, and especially when mixed
with alcohol, can be lethal.
Cocaine: a powerfully addictive central nervous system stimulant that is snorted, injected, or smoked. Crack is cocaine hydrochloride powder that has been processed to form a rock crystal that is then usually smoked.
- Street Names: Coke, snow, flake, blow
- Effects: Cocaine usually makes the user feel euphoric and energetic, but also increases body temperature, blood pressure, and heart rate. Users risk heart attacks, respiratory failure, strokes, seizures, abdominal pain, and nausea. In rare cases, sudden death can occur on the first use of cocaine or unexpectedly afterwards.
Fentanyl: is a powerful synthetic opiate analgesic similar to but more potent than morphine.
It is typically used to treat patients with severe pain, or to manage pain after surgery.
It is also sometimes used to treat people with chronic pain who are physically tolerant
to opiates. It is a schedule II prescription drug.
- Other Names: In its prescription form, fentanyl is known as Actiq, Duragesic, and Sublimaze.
- Street names: include Apache, China girl, China white, dance fever, friend, goodfella, jackpot, murder 8, TNT, as well as Tango and Cash.
- Effects: Like heroin, morphine, and other opioid drugs, fentanyl works by binding to the body's opiate receptors, highly concentrated in areas of the brain that control pain and emotions. When opiate drugs bind to these receptors, they can drive up dopamine levels in the brain's reward areas, producing a state of euphoria and relaxation. Medications called opiate receptor antagonists act by blocking the effects of opiate drugs. Naloxone is one such antagonist. Overdoses of fentanyl should be treated immediately with an opiate antagonist. When prescribed by a physician, fentanyl is often administered via injection, transdermal patch, or in lozenge form. However, the type of fentanyl associated with recent overdoses was produced in clandestine laboratories and mixed with (or substituted for) heroin in a powder form. Mixing fentanyl with street-sold heroin or cocaine markedly amplifies their potency and potential dangers. Effects include: euphoria, drowsiness/respiratory depression and arrest, nausea, confusion, constipation, sedation, unconsciousness, coma, tolerance, and addiction.
Heroin: an addictive drug that is processed from morphine and usually appears as a white
or brown powder or as a black, sticky substance. It is injected, snorted, or smoked.
- Street Names: Smack, H, ska, junk
- Effects: Short-term effects of heroin include a surge of euphoria and clouded thinking followed by alternately wakeful and drowsy states. Heroin depresses breathing, thus, overdose can be fatal. Users who inject the drug risk infectious diseases such as HIV/AIDS and hepatitis.
Inhalants: breathable chemical vapors that users intentionally inhale because of the chemicals'
mind-altering effects. The substances inhaled are often common household products
that contain volatile solvents, aerosols, or gases.
- Street Names: Whippets, poppers, snappers
- Effects: Most inhalants produce a rapid high that resembles alcohol intoxication. If sufficient amounts are inhaled, nearly all solvents and gases produce a loss of sensation, and even unconsciousness. Irreversible effects can be hearing loss, limb spasms, central nervous system or brain damage, or bone marrow damage. Sniffing high concentrations of inhalants may result in death from heart failure or suffocation (inhalants displace oxygen in the lungs).
LSD (Acid): distorts perceptions of reality and produce hallucinations; the effects can be
frightening and cause panic. It is sold as tablets, capsules, liquid, or on absorbent
paper.
- Street Names: Acid, blotter, dots
- Effects: LSD produces unpredictable psychological effects, with "trips" lasting about 12 hours. With large enough doses, users experience delusions and hallucinations. Physical effects include increased body temperature, heart rate, and blood pressure; sleeplessness; and loss of appetite.
Marijuana: the most commonly used illegal drug in the U.S. It is made up of dried parts of the
Cannabis sativa hemp plant.
- Street Names: Pot, ganga, weed, grass, 420
- Effects: Short-term effects of marijuana use include euphoria, distorted perceptions, memory impairment, and difficulty thinking and solving problems.
MDMA(Ecstasy): a synthetic drug that has stimulant and psychoactive properties. It is taken orally
as a capsule or tablet.
- Street Names: XTC, X, Adam, hug, beans, love drug
- Effects: Short-term effects include feelings of mental stimulation, emotional warmth, enhanced sensory perception, and increased physical energy. Adverse health effects can include nausea, chills, sweating, teeth clenching, muscle cramping, and blurred vision. MDMA can interfere with the body's ability to regulate temperature; on rare occasions, this can be lethal.
Methamphetamine: a very addictive stimulant that is closely related to amphetamine. It is long lasting
and toxic to dopamine nerve terminals in the central nervous system. It is a white,
odorless, bitter-tasting powder taken orally or by snorting or injecting, or a rock
"crystal" that is heated and smoked.
- Street Names: Speed, meth, chalk, ice, crystal, glass
- Effects: Methamphetamine increases wakefulness and physical activity, produces rapid heart rate, irregular heartbeat, and increased blood pressure and body temperature. Longterm use can lead to mood disturbances, violent behavior, anxiety, confusion, insomnia, and severe dental problems. All users, but particularly those who inject the drug, risk infectious diseases such as HIV/AIDS and hepatitis.
PCP (Phencyclidine): a synthetic drug sold as tablets, capsules, or white or colored powder.
It can be snorted, smoked, or eaten. Developed in the 1950s as an IV anesthetic, PCP
was
never approved for human use because of problems during clinical studies, including
intensely negative psychological effects.
- Street Names: Angel dust, ozone, wack, rocket fuel
- Effects: PCP is a "dissociative" drug, distorting perceptions of sight and sound and producing feelings of detachment. Users can experience several unpleasant psychological effects, with symptoms mimicking schizophrenia (delusions, hallucinations, disordered thinking, extreme anxiety).
Prescription Drugs: abuse of these drugs means taking a prescription drug that is not prescribed for you,
or taking it for reasons or in dosages other than as prescribed. Abuse of prescription
drugs can produce serious health effects, including addiction.
- Prescription Drugs Commonly: Commonly abused classes of prescription drugs include opioids (for pain), central nervous system (CNS) depressants (for anxiety and sleep disorders), and stimulants (for ADHD and narcolepsy).
- Opioids include:
- Hydrocodone (Vicodin®)
- Oxycodone (OxyContin®)
- Oxymorphone (Opana®)
- Propoxyphene (Darvon®)
- Hydromorphone (Dilaudid®)
- Meperidine (Demerol®)
- Diphenoxylate (Lomotil®)
- Central nervous system depressants include:
- Pentobarbital sodium (Nembutal®)
- Diazepam (Valium®) Alprazolam (Xanax®) n Stimulants include:
- Dextroamphetamine (Dexedrine®)
- Methylphenidate (Ritalin® and Concerta®)
- Amphetamines (Adderall®)
- Street Names: oxy, cotton, blue, 40, 80 (OxyContin®)
- Effects: Long-term use of opioids or central nervous system depressants can lead to physical dependence and addiction. Opioids can produce drowsiness, constipation and, depending on amount taken, can depress breathing. Central nervous system depressants slow down brain function; if combined with other medications that cause drowsiness or with alcohol, heart rate and respiration can slow down dangerously. Taken repeatedly or in high doses, stimulants can cause anxiety, paranoia, dangerously high body temperatures, irregular heartbeat, or seizures.
Salvia (Salvia divinorum): an herb common to southern Mexico and Central and South America. The main active ingredient
in Salvia, salvinorin A, is a potent activator of kappa opioid receptors in the brain.
These receptors differ from those activated by the more commonly known opioids, such
as heroin and morphine. Traditionally, S. divinorum has been ingested by chewing fresh
leaves or by drinking their extracted juices. The dried leaves of S. divinorum can
also be smoked as a joint, consumed in water pipes, or vaporized and inhaled. Although
Salvia currently is not a drug regulated by the Controlled Substances Act, several
States and countries have passed legislation to regulate its use.3 The Drug
Enforcement Agency has listed Salvia as a drug of concern and is considering classifying
it as a Schedule I drug, like LSD or marijuana.
- Effects: People who abuse salvia generally experience hallucinations or “psychotomimetic” episodes (a transient experience that mimics a psychosis). Subjective effects have been described as intense but short-lived, appearing in less than 1 minute and lasting less than 30 minutes. They include psychedelic-like changes in visual perception, mood and body sensations, emotional swings, feelings of detachment, and importantly, a highly modified perception of external reality and the self, leading to a decreased ability to interact with one's surroundings. This last effect has prompted concern about the dangers of driving under the influence of salvinorin. The long-term effects of Salvia abuse have not been investigated systematically. Recent experiments in rodents demonstrated deleterious effects of salvinorin A on learning and memory.
Spice (Synthetic Marijuana): “Spice" refers to a wide variety of herbal mixtures that produce experiences similar to marijuana (cannabis) and that are marketed as "safe," legal alternatives to that drug.
- Names: Sold under many names, including K2, fake weed, Yucatan Fire, Skunk, Moon Rocks, and others — and labeled "not for human consumption" — these products contain dried, shredded plant material and chemical additives that are responsible for their psychoactive (mind-altering) effects.
- Effects: Spice users report experiences similar to those produced by marijuana—elevated mood, relaxation, and altered perception—and in some cases the effects are even stronger than those of marijuana. Some users report psychotic effects like extreme anxiety, paranoia, and hallucinations.
Steroids (Anabolic): Most anabolic steroids are synthetic substances similar to the male sex hormone testosterone.
They are taken orally or are injected. Some people, especially athletes, abuse anabolic
steroids to build muscle and enhance performance. Abuse of anabolic steroids can lead
to serious health problems, some of which are irreversible.
- Street Names: Juice, gym candy, pumpers, stackers
- Effects: Major effects of steroid abuse can include liver damage; jaundice; fluid retention; high blood pressure; increases in "bad" cholesterol. Also, males risk shrinking of the testicles, baldness, breast development, and infertility. Females risk growth of facial hair, menstrual changes, male-pattern baldness, and deepened voice. Teens risk permanently stunted height, accelerated puberty changes, and severe acne. All users, but particularly those who inject the drug, risk infectious diseases such as HIV/AIDS and hepatitis.
Tobacco: Through the use of tobacco, nicotine is one of the most heavily used addictive drugs
and the leading preventable cause of disease, disability, and death in the U.S. Cigarette
smoking accounts for 90% of lung cancer cases in the U.S., and about 38,000 deaths
per year can be attributed to secondhand smoke. Cigarettes and chew tobacco are illegal
substances in most U.S. states for those under 18; a handful of states have raised
the age to 19.
- Effects: Nicotine is highly addictive. The tar in cigarettes increases a smoker's risk of lung cancer, emphysema, and bronchial disorders. The carbon monoxide in smoke increases the chance of cardiovascular diseases. Pregnant smokers have a higher risk of miscarriage or low birthweight babies. Secondhand smoke causes lung cancer in adults and greatly increases the risk of respiratory illnesses in children.
Preventing Drug Abuse and Excessive Alcohol Use
Preventing drug abuse and excessive alcohol use increases people’s chances of living
long, healthy, and productive lives. Excessive alcohol use includes binge drinking
(i.e., five or more drinks during a single occasion for men, four or more drinks during
a single occasion for women), underage drinking, drinking while pregnant, and alcohol
impaired driving. Drug abuse includes any inappropriate use of pharmaceuticals (both
prescription and over-the counter drugs) and any use of illicit drugs. Alcohol and
other drug use can impede judgment and lead to harmful risk-taking behavior. Preventing
drug abuse and excessive alcohol use improves quality of life, academic performance,
workplace productivity, and military preparedness; reduces crime and criminal justice
expenses; reduces motor vehicle crashes and fatalities; and lowers health care costs
for acute and chronic conditions. Review the complete report and recommended strategies.
Legal Sanctions for Possession, Use and Sale of Alcoholic Beverages and Illegal Drugs
College officials will cooperate with local, state, and federal authorities to ensure
compliance with laws for unlawful use, possession manufacture, distribution or sale
of illicit drugs or alcohol and will advise employees and students that convictions
or violations of these laws can lead to fines and/or imprisonment.
The possession, use or sale of illegal drugs is prohibited. Any member of the College
community consuming, possessing, or using illegal drugs may be turned over to the
local authorities for prosecution and students will be referred to the Dean of Student
Affairs at Central Campus and the Associate Vice President of Student Affairs at West
Campus for disciplinary action. Illegal or unauthorized manufacture, sale, possession,
or use of alcoholic beverages or controlled substances is prohibited. Alcoholic beverages
shall not be bought, consumed, or sold at the College except as authorized by the
Board of Trustees. The following is a brief review of the legal sanctions under local,
state, and federal law for the unlawful possession or distribution of illicit drugs
and alcohol:
A. Drugs
- The Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. 780-101 et seq., sets up five schedules of controlled substances based on dangerousness and medical uses. It prohibits the manufacture, distribution, sale or acquisition by misrepresentation or forgery of controlled substances except in accordance with the Act as well as the knowing possession of controlled substances unlawfully acquired. Penalties for first-time violators of the Act range from thirty days imprisonment, $500 fine, or both for possession or distribution of a small amount of marijuana or hashish, not for sale, to fifteen years or $250,000 or both for the manufacture or delivery of a Schedule I or II narcotic. A person over eighteen years of age who is convicted for violating The Controlled Substance, Drug, Device and Cosmetic Act, shall be sentenced to a minimum of at least one year total confinement if the delivery or possession with intent to deliver of the controlled substance was to a minor. If the offense is committed within 1,000 feet of the real property on which a college is located, the person shall be sentenced to an additional minimum sentence of at least two years total confinement.
- The Pharmacy Act of 1961, 63 Pa. C.S.A. 390-8 makes it unlawful to procure or attempt to procure drugs by fraud, deceit, misrepresentation or subterfuge or by forgery or alteration of a prescription. The first offense is a misdemeanor, with a maximum penalty of one year's imprisonment, a $5,000 fine, or both.
- The Vehicle Code, 75 PA, C.S.A. 3101 et seq., which was amended effective July 1, 1977, prohibits driving under the influence of alcohol or a controlled substance, or both, if the driver thereby is rendered incapable of safe driving. A police officer is empowered to arrest without a warrant any person whom he or she has probable cause to believe has committed a violation, even though the officer may not have been present when the violation was committed. A person so arrested is deemed to have consented to a test of breath or blood for the purpose of determining alcoholic content, and if a violation is found it carries the penalties of a misdemeanor of the second degree, which includes imprisonment for a maximum of thirty days.
- The Federal drug laws, The Controlled Substances Act, 21 U.S.C. 801 et seq., are similar to the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, but contain, for the most part, more severe penalties. Schedules of controlled substance are established, and it is made unlawful knowingly or intentionally to manufacture, distribute, dispense, or possess with intent to distribute or dispense a controlled substance. If the quantity of controlled substance is large (e.g. 1,000 kg of a mixture or substance containing marijuana), the maximum penalties are life imprisonment, a $4,000,000 fine, or both. Lesser quantities of controlled substance (e.g. 100 kg of a mixture or substance containing marijuana) result in maximum penalties of life imprisonment, a $2,000,000 fine, or both. The distribution of small amounts of marijuana for no remuneration or simple possession of a controlled substance carries a maximum of one year's imprisonment, a $5,000 fine, or both, with the penalties for the second offense doubling. Probation without conviction is possible for first offenders. Distribution to persons under the age of twenty-one by persons eighteen or older carries double or triple penalties. Double penalties also apply to the distribution or manufacture of a controlled substance in or on or within 1,000 feet of the property of a school or college.
- Students who have been convicted under state or federal law involving the possession or sale of a controlled substance, are ineligible for federal student aid for specific periods ranging from one year to an indefinite period depending on the nature of the offense and whether the student is a repeat offender
B. Alcohol
- The Pennsylvania Liquor Code, 47 Pa., C.S.A., 1-101 et seq., controls the possession and sale of alcoholic beverages within the Commonwealth. The Code as well as portions of the Pennsylvania Statutes pertaining to crimes and offenses involving minors, 18 Pa., C.S.A. 6307 et seq., provide the following:
- It is a summary offense for a person under the age of twenty-one to attempt to purchase, consume, possess or knowingly and intentionally transport any liquor or malt or brewed beverages. Penalty for a first offense is suspension of driving privileges for 90 days, a fine up to $300 and imprisonment for up to 90 days; for a second offense, suspension of driving privileges for one year, a fine up to $500, and imprisonment for up to one year; for subsequent offense, suspension of driving privileges for two years, a fine up to $500 and imprisonment for up to one year. Multiple sentences involving suspension of driving privileges must be served consecutively.
- It is a crime intentionally and knowingly to sell or intentionally and knowingly to furnish or to purchase with the intent to sell or furnish, any liquor or malt or brewed beverages to any minor (under the age of twenty-one). "Furnish" means to supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged. Penalty for a first violation is $1,000; $2,500 for each subsequent violation; imprisonment for up to one year for any violation.
- It is a crime for any person under twenty-one years of age to possess an identification card falsely identifying that person as being twenty-one years of age or older, or to obtain or attempt to obtain liquor or malt or brewed beverages by using a false identification card. Penalties are stated in (2) above.
- It is a crime intentionally, knowingly or recklessly to manufacture, make, alter, sell or attempt to sell an identification card falsely representing the identity, birth date, or age of another. Minimum fine is $1,000 for first violation; $2,500 for subsequent violations; imprisonment for up to one year for any violation.
- It is a crime to misrepresent one's age knowingly and falsely to obtain liquor or malt or brewed beverages. Penalties are as stated in (1) above.
- It is a crime knowingly, willfully and falsely to represent that another is of legal age to obtain liquor or malt or brewed beverages. Penalty is a minimum fine of $300 and imprisonment for up to one year.
- It is a crime to hire, request or induce any minor to purchase liquor or malt or beverages. Penalty is a minimum fine of $300 and imprisonment for up to one year.
- Sales without a license or purchases from an unlicensed source of liquor or malt or brewed beverages are prohibited.
- It is unlawful to possess or transport liquor or alcohol within the Commonwealth unless it has been purchased from a State Store or in accordance with Liquor Control Board regulations. The use in any advertisement of alcoholic beverages of any subject matter, language or slogan directed to minors to promote consumption of alcoholic beverages is prohibited.
- No advertisement of alcoholic beverages shall be permitted, either directly or indirectly, in any booklet, program, book, yearbook, magazine, newspaper, periodical, brochure, circular, or other similar publication, published by, for, or on behalf of any educational institution.
Parental Notification in the event of alcohol or drug use
The Dean of Student Affairs will notify parents/guardians of students under the age
of 21 regarding alcohol/drug violations involving the student.
For additional information regarding state and federal penalties for drug and alcohol
offenses, refer to:
www.lcb.state.pa.us/portal/server.pt/community/alcohol_the_law/17511
http://www.justice.gov/dea/agency/penalties.htm.