POLICIES GOVERNING THE UNIVERSITY COMMUNITY

POLICY ON ALCOHOL AND ILLEGAL DRUGS

Preamble

This policy expresses The University of Scranton’s educational concern for creating an environment for growth by and among its members and its commitment to the physical and emotional health and well-being of all those who work, study or congregate at the University. It applies to all constituents of the University including students, faculty and staff; and to alumni, friends and guests on the University campus.

Policy

The University of Scranton neither endorses nor discourages legal use of alcohol by its members who are at least 21 years of age. Those under 21 are not permitted to consume, possess or be associated with alcohol under any circumstances on University premises or at any University event no matter where the event takes place unless the event has been properly registered and steps have been taken to limit and monitor access to alcohol.

The University prohibits the illegal use, possession or distribution of controlled substances or association with gatherings involving such use, possession or distribution.

Members of the University community are expected to be aware of and obey state and municipal laws or ordinances regulating the use, possession or sale of alcoholic beverages and federal and state laws regarding controlled substances.

Those who are cited for violations of laws or ordinances by state, federal, or municipal authorities may also face University disciplinary proceedings and may be required to pursue counseling, an educational program or treatment. The University reserves the right to take disciplinary action against any member of the University community for off-campus behavior that violates this policy.

UNIVERSITY REGULATIONS GOVERNING THE USE OF ALCOHOL

Alcoholic beverages are allowed at The University of Scranton only as specifically outlined here.

1. Resident students and their guests who are 21 or older may consume moderate amounts of alcohol in University residences in the privacy of their rooms and in a manner that recognizes the rights of others. No drinking or carrying of open containers of alcohol is allowed in common areas, offices, hallways, kitchens or lounges of University residences. Exceptions may be made by the Vice President for Student Affairs or a designate for approved special events.

2. Alcoholic beverages are prohibited at University-sponsored athletic events on and off campus.

3. Drivers or passengers in University vehicles and University-sponsored vehicles may not use alcohol.

4. “Grain” alcohol is prohibited on campus except for supervised laboratory use.

5. The presence of quarter- or half-kegs of beer and containers of alcoholic beverages larger than one gallon on campus must be approved in writing by the appropriate Vice President or a designee for a specific University event. (The Registration Form for Events Where Alcohol Will Be Served is available in the Office of Student Affairs).

6. Intoxication or alcohol abuse is not a permissible excuse for unlawful behavior or misconduct. Public drunkenness (identified by slurred speech, erratic behavior or difficulty with physical coordination), disorderly conduct, property destruction, intimidation or other infringements of the rights of others as a result of alcohol use are prohibited.

ALCOHOL AT UNIVERSITY SOCIAL EVENTS

1. Alcoholic beverages may be served at events registered with the appropriate Vice President or his or her designee (student functions are always registered with the Vice President for Student Affairs) at least five class days prior to the event. Registration includes agreement to assume responsibility for monitoring and controlling the event.

2. Persons under 21 years of age may attend functions where alcohol is served only with the written approval of the Vice President for Student Affairs or other appropriate Vice President. The approval is based on the nature of the event and the ability of the organizing group, department or division to provide suitable and effective control. No one under the age of 21 will be allowed to consume alcohol at these functions.

3. Non-alcoholic beverages and food items must be provided and must be as accessible as the alcoholic beverages. ARAMARK must cater all events where alcohol is served on campus.

4. Alcohol must be served by bartenders provided by ARAMARK or trained through the ARAMARK TIPS program. Hiring and training costs are the responsibility of the sponsoring division, department, club or organization, which must also provide individuals from its own membership to serve as checkers of identification and control agents to monitor behavior.

5. A University of Scranton identification card or a valid driver’s license, or both, are proper identification to verify University status and age. Some events may require the use of a computer-generated list to verify age or University status.

6. The University Director of Public Safety will determine when Public Safety officers and Scranton Police Department personnel are necessary.

7. Alcohol will not be served to visibly intoxicated persons.

8. Advertising or promoting alcohol as a primary attraction of an event and the marketing of alcohol by beverage manufacturers or distributors or by clubs, organizations, departments or divisions of the University are prohibited.

9. Alcoholic beverages are not to be sold at any event held in a University facility not covered by a Pennsylvania liquor license. Under state law, charging admission, selling mugs, glasses, chits, tickets, etc. constitute furnishing alcohol without a license and are illegal.

10. A division, department, club or organization that fails to follow these guidelines and procedures will lose its privilege to conduct social events for a period determined by the appropriate Vice President or his or her designee.

UNIVERSITY REGULATIONS REGARDING ILLEGAL DRUG USE

1. Students involved in the use or possession of a controlled substance will be referred to the Vice President for Student Affairs or his or her designee. They will face substantial sanctions which could include suspension or expulsion from the University. Students can be required to enroll and actively participate in a drug or alcohol counseling program or a rehabilitation program as a condition of continued enrollment. Similar regulations for University personnel are part of the Alcoholism and Psychoactive Substance Abuse Policy available in the Human Resources Office.

2. Students involved in any way in the distribution or sale of any amount of controlled substances will be suspended from the University as a minimum sanction, even on a first offense.

3. The University reserves the right to evict a resident student from its residence halls for use or possession of a controlled substance at any time during the academic year.

4. These regulations are in addition to, not substitutes for, criminal sanctions provided for in municipal, state and federal statutes. When required by law, violations of those statutes will be reported to the appropriate law enforcement agencies.

Sanctions

Students found guilty by The University of Scranton Judicial System of violating this policy face penalties including fines, participation in community service work, residential or disciplinary probation, residential eviction, required residence in University-approved housing as a condition of continued enrollment, suspension or expulsion. In conjunction with other penalties, students may be required to participate in an alcohol and other drugs education course or chemical- abuse evaluation.

A member of The University of Scranton community who assists a drug- or alcohol-impaired person by alerting University officials, Public Safety personnel, local or state police, and/or professional medical assistance will not be subject to formal University discipline for the occasion on which they give assistance. This refers to isolated incidents only and does not excuse or protect those who flagrantly or repeatedly violate this policy.

Those who receive medical attention in these circumstances due to abuse of alcohol or illegal drugs will be immune from University disciplinary action concerning abuse for an initial offense. They must, however, submit to a substance abuse evaluation and to any treatment (counseling, therapy, outpatient or inpatient care, etc.) the evaluation suggests. Failing to comply with the evaluation or treatment recommendations will result in full disciplinary action for the original violation.

University employees who violate these regulations will be handled by the appropriate supervisor or office. Non-students with no University affiliation will be referred to civil or criminal authorities.

APPENDIX I

ALCOHOL AND OTHER DRUG ABUSE PREVENTION PROGRAM

Research on the abuse of alcohol and the use of illegal drugs by college students indicates that they pose a serious threat to the educational environment, which includes not only the campus but the immediate neighborhood and surrounding community as well. The efforts of the Drug and Alcohol Prevention Program at the University, therefore, are directed primarily toward educating students about the effects of drugs and alcohol and helping them learn to make wise choices.

Free and confidential alcohol and other drug evaluations and counseling are available from the University Counseling Center for students who feel their lives are being affected by their own or another’s use of alcohol or other drugs. The Counseling Center provides the same service to those whose illegal or problematic use of alcohol and other drugs results in a referral from the University of Scranton disciplinary system.

Referrals are made to a residential rehabilitation program or an intensive outpatient program if behavioral history, objective testing, and individual and family interviews indicate that a student needs more help than the Counseling Center can provide. Counseling is available to students who have successfully completed a rehabilitation program and wish to return.

APPENDIX II

HEALTH ISSUES

Prolonged use of alcohol or episodic use of alcohol in heavy quantities can result in serious health problems and even death. Similarly, illegal drugs can cause injury or death even with first-time use. The use of illegal drugs and the abuse of alcohol tend to result in a forfeiture of one’s own powers for control of one’s life, leaving normal functioning and academic success seriously eroded or even abandoned.

ALCOHOL is a central-nervous-system depressant that slows the activity of the brain and spinal cord. Used in low or moderate amounts (2-3 drinks), alcohol generally results in people being more relaxed, talkative and social. There is also some loss of judgment and efficiency even in moderate levels of use. Beyond moderate use (more than 2-3 drinks) alcohol becomes a toxin to the body and brain, damaging organs and impairing the ability to think and behave rationally. High doses can result in confusion, disorientation, unconsciousness or even death from respiratory paralysis. Frequent excessive use of alcohol can result in dependence and addiction.

HALLUCINOGENS disrupt the brain chemicals that enable us to make sense out of our environment. Most of those used by college students are manufactured chemical compounds. The most common compound is LSD (d-lysergic acid diethylamide). It and other hallucinogens are potent and extremely unpredictable drugs that produce fast-acting and unexpected effects. The most common acute reactions are panic revolving around severe anxiety and intense fear of losing control and psychotic reactions involving severe breaks with reality and persistent hallucinations and delusions. Psychotic reactions have been known to last weeks or months and often require hospitalization. The long-term or chronic effects of LSD use are not known at this time, but many ex-users report experiencing “flashbacks” even several years after a “bad trip.”

MARIJUANA is an illegal drug with high abuse potential. Because it affects the way a person thinks, learns and acts, its use is especially harmful, even dangerous, in many situations. Marijuana interferes with speech, memory and learning and makes tasks that require a clear mind difficult, meaningless or unsafe. It also slows reactions and interferes with coordination. Marijuana’s dangers increase in combination with alcohol. Marijuana smoking also poses a serious threat to the user’s lungs and heart and to the immune and reproductive systems.

INHALANTS include easy-to-obtain products like cleaning fluids, solvents, aerosols and airplane glue. They act on the central nervous system much like such volatile anesthetics as ether and chloroform to produce bizarre perceptual and hallucinatory actions. Short-term physical effects include sneezing, coughing, increased salivation, nausea, vomiting, dizziness, headaches, lack of coordination, loss of appetite, rapid heartbeat and seizures. Psychological effects include euphoria, exhilaration, confusion, disorientation, loss of inhibitions and impulsive behavior that may lead to injuries and accidents. Long-term health risks include nosebleeds, loss of consciousness, hepatitis, liver failure, kidney failure, respiratory depression, blood abnormalities, irregular heartbeat and possible suffocation.

STEROIDS, which resemble the male sex hormone testosterone, are taken orally or by injection. Short-term physical effects include depression, hallucinations, paranoia, severe mood swings and aggressive behavior. There are incidents of violent outbursts referred to as “roid rages.” Long-term health risks include liver and kidney damage, cancer, heart and blood-vessel damage caused by lowering levels of high density lipoproteins (good cholesterol), stroke and jaundice, along with breast enlargement, atrophy of the testicles and impotence in men, and beard growth in women.

STIMULANTS include amphetamines, benzedrine, dexedrine, methedrine, ritalin and preludin. The amphetamines are thought to have an impact on many parts of the central nervous system and muscles of the body. They are usually taken orally, but they can be injected, inhaled or snorted. Short-term physical effects include increased alertness, mood elevation, mild euphoria, less mental fatigue, improved levels of concentration, blurred vision, dizziness, sleeplessness and trembling. Psychological effects include anxiety, irritability, hostility, confused behavior, fear, suspicion, delusions and hallucinations. Long-term effects include increased blood pressure and blood sugar, stroke, rapid heart rate, palpitations, heart failure, malnutrition, skin disorders, paranoia, psychosis, and depression.

DEPRESSANTS include barbiturates, sedatives and anti-anxiety drugs, usually taken orally. They depress not only the activity of the brain, causing an effect on the heart and respiration, but also muscle tissues. Short-term physical effects include drowsiness, slurred speech, irritability, poor coordination, unsteady gait, weak and rapid heartbeat, sleepiness, and confusion. Psychological effects include disorientation, irritability, stupor, and impaired judgment, memory and attention. Long-term effects include disrupted sleep, psychosis, respiratory depression and coma, and neuropsychological and structural brain damage. Withdrawal can produce extreme anxiety, insomnia, convulsions and death.

NARCOTICS include opium, morphine, heroin, codeine and synthetic substances that can be taken orally, snorted, smoked or injected into the skin or a vein. They relax the central nervous system and appear to be able to reduce anxiety levels, promote drowsiness and allow sleep in spite of severe pain. Short-term physical effects include pinpoint pupils, lethargy, skin abscesses, chronic constipation, nausea and respiratory depression. Psychological effects include anxiety, irritability, mood swings, depression, drug seeking and antisocial behavior.

COCAINE is a white crystalline powder, often diluted with other ingredients. Crack cocaine is a light brown or beige pellet or crystalline rock that resembles coagulated soap. Cocaine is inhaled through the nasal passages or injected; crack is smoked. Cocaine speeds up physical and mental processes, creates a sense of heightened energy and confidence and alters the pleasure centers in the brain. Physical short-term effects include headache, exhaustion, shaking, dilated pupils, blurred vision, nausea, loss of appetite, palpitations and arrhythmias. Psychological effects include impaired judgment, hyperactivity, suspicion, acute anxiety, paranoid ideation and violence. Repeated use or use of high dosages, causes long-term effects. The effect on the central nervous system is the suppression of the desire for food, sex and sleep. The effects on the cardiovascular system are high blood pressure, irregular heart rate, damage to heart tissue, constriction of blood vessels and stroke. Cocaine also causes neurological and respiratory damage; there is danger of respiratory arrest. It damages the mucous membranes of the nasal passages and causes sinusitis and a loss of sense of smell. The male reproductive system is affected by the inability to maintain an erection and ejaculate sperm. In women there are implications for the fetus in the event of a pregnancy.

APPENDIX III

STATE AND CITY LAWS CONCERNING ALCOHOL

Laws of the Commonwealth of Pennsylvania and ordinances of the City of Scranton are applicable to every person on The University of Scranton campus, regardless of his or her state or country of origin.

1. It is illegal for any person under 21 years of age to attempt to purchase, consume, possess or transport any alcoholic beverage. [NOTE: Local Magistrates’ Courts have consistently applied a concept of “constructive possession” under which they can construe guilt for possession of alcohol by determining that alcohol was readily available to a minor who apparently made no good faith attempt to distance himself or herself from it. The magistrate determines an individual was involved in underage possession when the facts suggest that there was no barrier limiting access to the alcoholic beverages in a confined or limited area. NOTE ALSO: A person arrested for driving under the influence has a right to a blood alcohol or breath test. THERE IS NO SIMILAR RIGHT under citations for underage drinking, since the law deals with “purchase, attempt to purchase, consumption, transportation and possession” of alcohol. Breath and blood alcohol tests are irrelevant to all of these except, perhaps, consumption.]

2. It is illegal for any person under 21 years of age knowingly and falsely to represent himself or herself to be 21 years of age for the purpose of procuring any intoxicating beverage.

3. It is illegal for any person to represent to a licensee or any other person that a minor is over 21 years of age for the purpose of inducing the licensee or other person to serve alcoholic beverages to that minor.

4. It is illegal for any person to request anyone under 21 years of age to purchase or offer to purchase any alcoholic beverage from a licensed dealer.

5. It is illegal for any person to sell, furnish or give away any alcoholic beverage to a person under 21 years of age or to any person who is visibly intoxicated.

6. It is illegal to operate or control a motor vehicle while under the influence of alcohol (defined currently as .08 BAC).

7. It is illegal for any person, whether or not a minor, to sell alcoholic beverages without a license, or to possess or transport alcoholic beverages not purchased from a Pennsylvania liquor store or in accordance with regulations promulgated by the Pennsylvania Liquor Control Board.

8. It is illegal for any person to induce anyone under 21 years of age to commit any of the above criminal acts.

9. A City of Scranton ordinance prohibits the consumption of alcoholic beverages and the possession of open containers of alcoholic beverages in public streets, sidewalks, highways, buildings, lanes, parking lots, recreation or park areas or other public property within the City of Scranton.

The penalties for violating the above laws and ordinances can be severe. The following sanctions currently are in effect in Pennsylvania:

1. A person will automatically lose his or her driver’s license for 90 days the first time he or she is convicted for underage drinking or for violations of most of the other laws cited above.

2. A person loses his or her driver’s license for one year for second offenses in relation to most of the laws cited above.

3. Heavy fines ($300-$500), in addition to losing one’s driver’s license, are administered for violating most of the laws cited above.

4. Purchasing alcohol for or furnishing alcohol to those under 21 years of age carries a first-time offense fine of $1,000 and a $2,500 fine for subsequent offenses.

5. Moreover, individuals may face severe financial consequences from a civil lawsuit arising out of the use or misuse of alcohol.

APPENDIX IV

LAWS CONCERNING ILLEGAL DRUGS

The following state and federal laws concerning specific illegal drugs are drawn from the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. § 780-101 et seq. and from the federal Drug Abuse Prevention and Control Act, 21 U.S.C. §801 et seq. (Specifically, the penalties for manufacturing, distributing, dispensing or possessing a controlled substance are found in § 841 of the Act.)

A representative listing of specific drugs and violations inherent in illegal activities related to such drugs is provided below. The failure to list all drugs included in the above acts does not exonerate individuals from responsibility for their actions as they relate to illegal drugs nor does it preclude the University from taking steps to address illegal activity in terms of its own internal counseling and referral system or its judicial system.

Among others, the following acts and the causing thereof are prohibited within the Commonwealth of Pennsylvania: the manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance or drug paraphernalia.

The penalties for violation of the state act are contingent upon three factors: 1.The nature or schedule of the drug involved; 2. The intended use (for personal consumption or distribution); 3. The weight of the substance.

The more commonly abused controlled substances are marijuana and cocaine. Marijuana is classified as a Schedule I drug which classification consists primarily of drugs with a “high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision.” The list includes heroin, marijuana, LSD, mescaline, peyote, hashish and various opium derivatives.

Cocaine is classified as a Schedule II drug which classification consists primarily of drugs with a high potential for abuse, a currently accepted medical use in the United States, and abuse may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule: coca leaves, methadone and certain amphetamines.

The following penalties are outlined in the state and federal legislation:

Marijuana
Commonwealth of Pennsylvania	(a) A small amount, which is defined as 30 grams or less, is a misdemeanor punishable upon conviction by imprisonment for not more than 30 days or by a fine not exceeding $500 or both. (b) For any amount over 30 grams, the penalty imposed is contingent upon whether it is intended for personal consumption or for distribution. However, the penalties become severe, ranging from a minimum of 1 year and/or $5,000 to a maximum of 10 years and/or $100,000. For example, a first conviction of possession of marijuana weighing greater than 2 pounds but less than 10 pounds carries a mandatory minimum of 1 year imprisonment. Greater than 10 pounds but less than 50 pounds carries a mandatory minimum of 3 years imprisonment. Greater than 50 pounds carries a mandatory minimum of 5 years imprisonment.
Federal Statute	(a) In the case of less than 50 kilograms of marijuana federal law requires, upon conviction, imprisonment of not more than 5 years and a fine not to exceed $250,000. If the defendant has a previous conviction under the federal act, or under a state law, or under the drug laws of any other nation, the penalty is increased to imprisonment of not more than 10 years and a fine of not more than $500,000. (b) A violation involving 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana or 100 marijuana plants regardless of weight can result in a sentence of 5-40 years with a fine not to exceed $2,000,000. For more than 1,000 kilograms of such a mixture or substance, the penalty is imprisonment of 10 years to life and fines of not more than $4,000,000. If death or serious bodily injury results from the use of the substance, the prison term is 20 years to life. If the conviction is a second offense, the prison term is also 20 years to life. If the second offense leads to death or serious injury, there is a mandatory life sentence and the fines increase to not more than $8,000,000. All prison sentences are mandatory and the court may not suspend them or order probation.
Cocaine
Commonwealth of Pennsylvania	A person guilty of possession of cocaine also faces a stiff mandatory sentence. Simple possession of cocaine is a misdemeanor with a maximum prison term of 1 year and/or a $5,000 fine. Delivery or possession with intent to deliver cocaine carries a maximum term of imprisonment of 10 years and/or a $100,000 fine. A person convicted of possession of an amount greater than 2 grams but less than 10 grams faces a mandatory minimum term of incarceration for 1 year. Greater than 10 grams but less than 100 grams will result in a mandatory minimum term of 3 years. Greater than 100 grams carries a mandatory minimum term of imprisonment for 4 years.
Federal Statute	A violation of the federal statute involving 500 grams of a mixture or substance containing a detectable amount of coca leaves or cocaine or 5 grams of the same substance containing cocaine base can result in a prison term of 5 to 40 years (or if serious bodily injury or death occurs, a term of 20 years to life) and/or a fine of $2,000,000. A person with a previous felony drug conviction will face a sentence of 10 years to life or, if death or serious bodily injury results, a mandatory life sentence. The maximum fine increases to $4,000,000. Similar penalties are assessed for violations involving 100 grams of a mixture or substance containing a detectable amount of heroin, 10 grams of PCP or 100 grams of a mixture or substance containing a detectable amount of PCP, 1 gram or more of a substance or mixture containing a detectable amount of LSD, and 10 grams or more of methamphetamine, its salts or isomers, or 100 grams of a substance or mixture with a detectable amount of methamphetamine. A violation involving 5 kilograms or more of a mixture or substance containing a detectable amount of coca leaves or cocaine, or 50 grams or more of such a mixture containing cocaine base, can result in imprisonment for 10 years to life (or 20 years to life if death or serious injury occurs) and/or a fine of $4,000,000. As with other parts of the law, if the offense is a second felony drug conviction, the fines and prison terms are greatly increased to 20 years to life (mandatory life sentence if death or serious bodily injury occurs) and/or a fine of $8,000,000. Similar penalties exist for violations involving 100 grams or more of PCP or 1 kilogram of a mixture or substance containing a detectable amount of PCP, 10 grams or more of a mixture or substance containing a detectable amount of LSD, or 100 grams or more of either methamphetamine, its salts or isomers or of a mixture or substance containing a detectable amount of methamphetamine, its salts or isomers.