Drug Free Schools and Communities Act

Scope of Policy

This policy applies to Students who are registered or enrolled for credit or non-credit-bearing coursework (“Students”); All University employees, including all full-time and part-time Administrative Professionals, Classified staff, temporary employees (“Employees”); and independent contractors, vendors, visitors, guests and other persons having dealings with the University community (“Third Parties”). The University of La Verne, consisting of eleven campuses in California, wherever located (collectively, the “University”). For questions on this policy, contact The Office of Human Resources.

Drug-Free Schools and Communities Act

In response to former President George H. W. Bush’s national drug control strategy, Congress passed legislation to require schools, colleges, and universities to implement and enforce drug and alcohol prevention programs and policies as a condition of eligibility to receive federal financial assistance. On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act Amendments of 1989 (Amendments) Public Law 101-226. Section 22 of the Amendments amends provisions for the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965 to require that, as a condition of receiving funds or any other form of financial assistance under any federal program after Oct. 1, 1990, a university or college must submit certification that it has adopted and implemented a drug prevention program. As set forth in the above referenced statute, the University of La Verne is required to provide at a minimum, an annual distribution in writing to each employee and student the following information.

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by employees and students on its property or as part of its activities;
A description of applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
A description of health risks associated with the use of illicit drugs and the abuse of alcohol;
A description of available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs;
A clear statement of the disciplinary sanctions that the University of La Verne will impose on employees and students and a description of termination of employment and referral for prosecution for the unlawful possession, use, or distribution of illicit drugs and alcohol. Disciplinary sanctions may also include completing an appropriate rehabilitation program; and
A biennial review by the University of La Verne’s program to determine the effectiveness, implement needed changes, and ensure that disciplinary sanctions are consistently enforced.

Drug and Alcohol Regulations, and Controlled Substances Laws

The use, possession, sale, or transfer of narcotics, drugs, alcohol or hallucinogens is prohibited on University grounds, except as permitted by law. The University’s drug and alcohol policy appears in the Employee Handbook and Code of Student Conduct – University Policies.

Controlled Substances

“Controlled Substances” are regulated drugs that have been determined to have special “abuse potential.” Such drugs include: marijuana, hashish or hash oil, cocaine, LSD and other hallucinogens, barbiturates and other sedative-hypnotics, amphetamines and other prescription stimulants, MDMA (Ecstasy), PCP, and similar drugs.

Controlled Substances Prohibited Conduct

It is illegal to:

Manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
Deal in a substance represented to be a controlled substance (including counterfeit, “look-alike” drugs).
Manufacture, advertise, distribute, or possess with intent to manufacture, advertise or distribute a substance represented to be a controlled substance.
Possess, without a valid prescription, a controlled substance.
Visit a building, structure, vehicle, or other place used by person to unlawfully use a controlled substance.
Possess, manufacture, deal in, or deliver drug paraphernalia (an instrument, device, or other object intended for use for introducing a controlled substance into a body or for enhancing the effect or testing a controlled substance).

Alcohol

The purchase, possession, or consumption of any alcoholic beverages (including beer and wine) by any person under the age of 21 is prohibited.

Alcohol Prohibited Conduct

Any person found in a public place to be under the influence of an intoxicating liquor or drug and unable to care for his/her own safety or interfering with the use of a public way is guilty of disorderly conduct, which is a misdemeanor.
Selling, either directly or indirectly, any alcoholic beverages, except under the authority of a California Alcoholic Beverage Control License, is prohibited. This includes selling glasses, mixes, ice or tickets for admission.
Possession of an alcoholic beverage in an open container in a motor vehicle or on a bicycle is prohibited, Regardless of who is driving or whether one is intoxicated.
The manufacture, use or provision of a false State Identification Card or Driver’s License is prohibited.
Driving a motor vehicle or bicycle while under the influence of alcohol is prohibited

California Codes and Sentences
Some of the more common codes and sentences under California criminal law are listed as follows:

Health & Safety Code (H&S) §11162.5 – Counterfeiting an official prescription blank is punishable by imprisonment for 16 months, 2 years of 3 years for a first offense.
H&S Code §11350(a) – Possession of a controlled substance is punishable by imprisonment for 16 months, 2 years or 3 years.
H&S Code §11351 – Possession of a controlled substance for sale is punishable by imprisonment for 2 years, 3 years or 4 years.
H&S Code § 11352 – The Sale or Transportation of a controlled substance is punishable by imprisonment for 3 years, 4 years or 5 years.
H&S Code §11353 – Adult inducing a minor’s involvement with a controlled substance is punishable by imprisonment for 3 years, 6 years or 9 years.

There are additional enhancements for committing drug offenses if there are prior convictions or if there are any firearms involved, which can significantly increase the length of punishment.

More detailed information may be obtained by consulting the California Criminal Code or the Federal Controlled Substances Act, as amended.

Other Prohibited Conduct:

Anabolic Steroids

Under California law, it is a criminal offense to manufacture, deliver, possess, or use an anabolic steroid without a valid and legal prescription. It is illegal for a physician or other licensed practitioner to issue a prescription for an anabolic steroid for enhancing performance in an exercise, sport, or game, or to increase muscle mass, strength, or weight without a medical necessity. Criminal sanctions for such violations can include fines and/or imprisonment. More detailed information may be obtained by consulting the California Code.

California Tobacco Laws

It is illegal for a person under the age of 21 to purchase or possess tobacco or e-cigarettes, and it is illegal to sell tobacco or e-cigarettes to a person under the age of 21. A person purchasing a tobacco product must have proper identification for proof of age. California law also prohibits smoking in public buildings (including all University of La Verne properties), except in designated smoking areas.

Federal Student Financial Aid Recipients

Students who receive federal aid are required to disclose on the FAFSA any drug convictions that occurred while receiving federal aid. A drug conviction while receiving federal aid can result in suspension of eligibility and a requirement to return financial aid received during a period of ineligibility. Students who lose eligibility due to a drug conviction can seek restoration of eligibility.

Health Risks of Other Controlled Substances

Aside from alcohol, there are several controlled substances that can also cause severe damage to your body. We ask that you read and become familiar with these drugs so that you can make an informed decision. Again, The University of La Verne does not tolerate drug use of any kind. The follow information was adapted in part from U. S. Department of Education, Schools Without Drugs, 1987.

Marijuana, Hashish, and Hash Oil:

All forms of marijuana have negative physical and mental effects. Several regularly observed effects of marijuana are a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appetite.

Use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce the ability to perform tasks requiring concentration and coordination, such as driving a car. Research also shows that students do not retain knowledge when they are “high.” Motivation and cognition may be altered, making the acquisition of new information difficult. Marijuana can also produce paranoia and psychosis.

Because users often inhale the unfiltered smoke deeply and then hold it in their lungs as long as possible, marijuana is damaging to the lungs and pulmonary system. Marijuana smoke contains more cancer-causing agents than tobacco. Long-term users of marijuana may develop psychological dependence and require more of the drug to get the same effect. The drug can become the center of their lives.

Spice:

Commercially known as synthetic cannabis (synthetic marijuana), or technically cannabinoid research chemicals, is any designer drug that mimics the effects of marijuana.

Spice may have similar effects to marijuana, but the high is usually induced much more quickly and is more intense. A Spice user is much more likely to have serious adverse effects than a person smoking marijuana. A person who shows signs of Spice use may not even be able to stop using the drug despite the fact that it is causing severe harm. Spice is known to cause aggression, paranoia, panic, inability to speak, coma and seizures.

Cocaine:

Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature. Occasional use can cause a stuffy or runny nose while chronic use can ulcerate the mucous membrane of the nose. Injecting cocaine with un-sterile equipment is known to transmit the virus that causes AIDS, hepatitis, and other diseases. Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion. Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug. In addition, tolerance develops rapidly. Crack or freebase rock is extremely addictive, and its effects are felt within 10 seconds. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia, and seizures. The use of cocaine can cause death by disrupting the brain’s control of the heart and respiration.

Hallucinogens:

Phencyclidine (PCP) interrupts the functions of the neocortex, the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries. The effects of PCP vary, but users frequently report a sense of distance and estrangement. Time and body movements are slowed down. Muscular coordination worsens and senses are dulled. Speech is blocked and incoherent. Chronic users of PCP report persistent memory problems and speech difficulties. Some of these effects may last six months to a year following prolonged daily use. Mood disorders–depression, anxiety, and violent behavior–also occur. In later stages of chronic use, users often exhibit paranoid and violent behavior and experience hallucinations. Large doses may produce convulsions and coma, heart and lung failure, or ruptured blood vessels in the brain. Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors. Sensations and feelings may change rapidly. It is common to have a bad psychological reaction to LSD, mescaline, and psilocybin. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects or flashbacks can occur even after use has ceased.

Alcohol:

The use of any mind or mood altering substance, including alcohol, can lead to psychological dependence, which is defined as a need or craving for the substance and feelings of restlessness, tension or anxiety when the substance is not used. In addition, with many substances use can lead to physical tolerance, characterized by the need for increasing amounts of the substance to achieve the same effect, and/or symptoms when the substance is no longer being used. As tolerance and psychological or physical dependence develop, judgment becomes impaired and people often do not realize they are losing control over the use of the substance and that they need help.

It is impossible to accurately predict how an individual will react to a specific drug or the alcohol because effects vary depending on the person, environmental variables, the dosage and potency of the substance, the method of taking the substance, the chronicity of use, and whether the substance is taken in conjunction with other substances. Illegal drugs have particularly unpredictable effects due to variability in dosage and purity. Further, the overall potency of street drugs has increased dramatically, making users increasingly susceptible to negative effects.

Alcohol acts as a depressant to the central nervous system and can cause serious short and long term damage. Short term effects include nausea, vomiting, and ulcers; more chronic abuse can lead to brain, liver, kidney and heart damage, and eventually death. Ingesting a large amount of alcohol at one time can lead to alcohol poisoning, coma, and death.

Drugs such as LSD, amphetamines, marijuana, and alcohol alter emotion, cognition, perception, physiology, and behavior in a variety of ways. Health risks include, but are not limited to: depression, apathy, hallucination, paranoia, and impaired judgment, and all substances can have adverse effects on pregnancy. When two or more substances are combined, there is often an effect that is stronger that their additive sum.

Disciplinary Actions and Sanctions

The University of La Verne is committed to providing a safe environment that is socially responsible and conducive to your learning. The inappropriate use of alcohol and other controlled substances is detrimental to our employees, students, and the public they serve. The university will attempt to help you if you are involved with inappropriate use of controlled substances by obtaining education and rehabilitation. However, the ultimate responsibility for overcoming a dependency or inappropriate use of controlled substances is yours. All students, faculty and staff have a responsibility to abide by these policies and to encourage others to maintain safe and responsible habits. The university will respond to all such violations quickly and severely in order to preserve these standards. While our primary goals are to educate you and support your growth through mistakes, you should be aware that violations of these policies could result in your suspension, expulsion from the university, or termination of employment with the university, as well as referral for criminal prosecution.

The university does not accept or condone the inappropriate use of alcohol or controlled substances by employees or students. Therefore, the unlawful manufacture, distribution, dispensing, possession or use of alcohol or controlled substances is strictly prohibited. The Employee Handbook and Code of Student Conduct – University Policies applies to all employees or students who have a continuing relationship with the University of La Verne, and the university retains the authority to address violations of these expectations both on and off campus.

The following are non-exhaustive examples of sanctions that may be imposed upon employees or students singly or in combination:

Fines: Imposes a fee for the violation of a policy.
Restitution: Requires payment for damage to property.
Community/University of La Verne Service Requirements: Requires a student perform some level of community service.
“No-Contact” Order: Requires an employee or student to not have any contact with specified individuals.
Hold on Student Record: Imposed a “hold” on a student record with the registrar’s office. This record restricts a student from being able to register for classes, drop classes, file or participate in graduation.
Loss of Privileges: Imposes restriction on privileges or access to buildings, areas, or events normally afforded to a student.
Confiscation of Prohibited Property: Places items belonging to individual in a temporary hold until the items can be appropriately removed from campus or destroyed.
Behavioral Requirement/Contract: Asks students to perform or follow outlined behavioral expectations.
Educational Program: Asks student to complete an educational project as specified by the administrative review officer. Projects may range from participation in a program/activity/project to writing a reflection paper, and are at the discretion of the administrative review officer.
Restriction of Visitation Privileges: Limits an individual from having guests on-campus or being able to visit specific residence halls/buildings;
Persona Non Grata from the University or Specified Facilities: An employee or student is not allowed in or within 25 feet of University Housing facilities, University facility, or the University in general – as specified.
Housing Warning: Informs the student that they have engaged in behavior that is a violation of the housing code of student conduct and their behavior is of concern.
Housing Probation: Informs the student that they have engaged in behavior that has created a significant disruption to the University and on-campus housing community. It serves as notice that should the student engage in additional policy violations, they may be asked to leave housing. This sanction also denotes that a student is not in good judicial standing with Student Housing or the University
Housing Reassignment: Requires students to relocate or move to a different room on campus.
Housing No-Recontract: Informs students that they are not eligible to re-contract to live on-campus.
Housing Removal: Informs students that their Student Housing contract is being cancelled and as such they will be required to vacate and remove their belongings from housing facilities by a specified date. Housing removal sanctions are usually accompanied with “No-Recontract,” “Persona Non Grata” and “University Probation” sanctions.
University Warning: Informs an employee or student that they have engaged in behavior that is a violation of the Employee Handbook or University Code of Student conduct, and their behavior is of concern.
University Probation: Informs the student that they have engaged in behavior that has created a significant disruption to the University community. It serves as notice that should the student engage in additional behavior that constitutes a policy violations they may be subject to university suspension or expulsion. This sanction also denotes that a student is not in good judicial standing with the University.
Social Probation/Eligibility Restriction: Informs the student that they are no longer to be an active member or officer in student organizations; hold a student leadership position (i.e. RAs, Welcome Week Leader, etc.); and/or participate/attend University of La Verne programs/events as specified.
University Suspension: Informs the student that they have engaged in behavior that has created significant disruption to the University such that, for a specified period of time, they are not eligible to be a student at the University of La Verne. University of La Verne Suspension sanctions are usually accompanied by “Persona Non Grata” sanctions. Upon return from University Suspension, a student will be required to meet with a University official and be on a one year University probation status.
University Expulsion: Informs the student that they have engaged in behavior that has created significant disruption to the University such that they are not eligible to be a student at the University of La Verne. University of La Verne Expulsion may result in a “Student Conduct Action” notation in their University of La Verne transcript.
Referral: An employee may be referred to Human Resources or to an outside agency to assist that employee in achieving personal, social or emotional growth. For employees, to include student employees, it is their responsibility to seek and accept assistance before alcohol and drug problems lead to corrective action, including termination. An employee’s decision to seek assistance before alcohol and drug problems lead to disciplinary action will not be used as the basis for corrective action and will not be used against the employee in any disciplinary proceedings. At the same time, performance standards must be maintained, and alcohol or drug abuse will not be an acceptable excuse for performance that requires corrective action.
Disciplinary Probation: For a specified period of time during which the employee must demonstrate a willingness and ability to conform to all university regulations. Any violation of university policy while on disciplinary probation may result in further disciplinary action.
Testing: To the full extent permitted by law, the University reserves the right to require all applicants for employment to submit to testing procedures designed to detect the presence of illegal drugs and/or alcohol. Further, to the full extent permitted by law, the University reserves the right to test current employees for illegal drugs or alcohol, in cases where the University has reasonable suspicion that the employee is violating this policy. Any employee who refuses to submit to such a test shall be subject to discipline including possible immediate discharge.
Termination: Permanent termination from employment.
Referred for Prosecution: Local police will be notified in incidents of illegal drug use/possession and illegal alcohol consumption.

Campus and Off-Campus Resources

The University recognizes drug and alcohol dependency as treatable conditions and offers support to students and employees with substance abuse problems. The following resources are available to assist an employee or student with substance abuse problems, or help individuals understand the health risk of drugs and alcohol or any other questions you have.

Student Health Center

The Student Health Center provides medical assessments and a wealth of information to students, including alcohol and drug abuse consultation and referrals. There are several individual and group programs available to students who want to learn more about how alcohol and/or other drug use can impact their lives and how they can monitor their own behavior. This resource is for students only.

Counseling and Psychological Services

Counseling and Psychological Services (CAPS) provides a variety of support assessment services which are designed to educate and enhance awareness of students in the area of chemical dependence. This resource is for students only.

Employee Assistance Program

The Employee Assistance Program (EAP) is designed to respond to a variety of work/life issues. The EAP and Work/Life Program provides a Licensed professional Counselor to listen and help define the problem, assess the type of help needed, and either provide the required help or make the most appropriate, cost-effective referral for you. This resource is for full-time faculty and staff only.

Drug Free Schools and Communities Act

Scope of Policy