4-14: Alcohol and Other Drugs

4-14: Alcohol and Other Drugs

* Issued: 3-86
* Revised: 07-07

I. PURPOSE

In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 and Drug-Free Workplace Act of 1988, this policy is intended to inform all members of the College community of the College's policy concerning alcohol and other drugs. This policy applies to all students and to all employees (faculty and staff).

II. ALCOHOL

The abuse or unlawful use, consumption, transportation, offer for sale, manufacture, dispensing, sale, distribution, possession of alcohol, or inappropriate behavior resulting from the use of alcohol is prohibited at all times on the Fort Lewis College campus and at any sanctioned College activity whether on or off campus.

Further, the consumption of alcoholic beverages is prohibited in all Fort Lewis College residence halls at all times. This restriction applies to all residence hall occupants regardless of age. In the apartment complexes, a person 21 years of age or older is permitted to consume alcohol in the privacy of his/her apartment only; however, lounges and common areas are considered public spaces and open containers are prohibited under Sec. 3-10, Code of Ordinances for the City of Durango. As specified in the Student Housing Guide, at no time are any beer kegs permitted in the residence halls, or in on-campus apartments. Providing alcoholic beverages to individuals who are under 21 years of age or possession of alcohol by individuals who are under 21 years of age is prohibited on the College campus.

III. OTHER DRUGS

The use, consumption, transportation, offer for sale, manufacture, dispensing, sale, distribution, or possession of illegal drugs, narcotics, controlled substances (including marijuana) or drug paraphernalia; the use of toxic vapors for the purpose of intoxication; the possession of prescribed drugs without a prescription, abuse of over-the-counter drugs, alteration of a prescription, or the sale and/or distribution of prescribed medicines; or inappropriate behavior resulting from the use of illegal drugs or controlled substances are prohibited at all times on the Fort Lewis College campus and at any sanctioned College activity whether on or off campus.

IV. SANCTIONS

A. Students - Students found to be in violation of this Alcohol and Other Drug Policy will be subject to Housing policy sanctions as outlined in the Student Housing Guide and/or College sanctions as outlined in the Student Conduct Code. College sanctions may include substance abuse education, warning, reprimand, probation, removal from College housing, suspension, or dismissal from the College itself. Students found in violation of this policy may also be subject to official ineligibility for financial assistance and/or ineligibility for athletics.

B. Employees - Employees (including student employees, faculty, and staff), who are found to be in violation of the Alcohol and Other Drug Policy, may be subject to participation in a rehabilitation program, or disciplinary action such as reprimand, suspension, salary reduction, demotion, or termination of employment. Any employee whose act, in violation of the Alcohol and Other Drug Policy, also results in a conviction under a criminal drug statute must report the conviction in writing to the employee's supervisor within five days.

C. Testing - Alcohol and drug testing of applicants for employment and employees may be performed when positions require a commercial driver's license or the performance of safety sensitive functions. See the addendum to the Fort Lewis College Alcohol and Drug Policy available in the Human Resources Office, 210 Berndt Hall.

D. Criminal Code - Many of the acts that violate this policy also violate the criminal code and may be referred for prosecution. In such cases, law enforcement authorities may administer a separate penalty.

V. CAMPUS RESOURCES

Fort Lewis College has established several services and programs to assist students and employees.

The Fort Lewis College Counseling Center offers confidential individual and group therapy to currently enrolled students. Each student may have four counseling sessions per year without charge. The Counseling Center also offers referral/consultation services.

Students who are in recovery from drug or alcohol abuse can obtain information about AA, NA, or Al-Anon meetings by contacting the Counseling Center at 247-7212 or 260 Noble Hall, or Student Wellness at 247-7153, 112 College Union.

The Fort Lewis College Student Wellness Program provides services to students that are designed to raise awareness of drug and alcohol issues. The program helps students to understand and assess their own involvement and to increase their knowledge concerning alcohol and drugs. The Student Wellness Program assists in the development of good decision-making skills and lifestyle choices. Alcohol-free/drug-free events and activities are readily available throughout the campus.

The Student Housing Office, through its staff and in conjunction with the Counseling Center, addresses the use and abuse of alcohol and drugs by resident students. The Health Center offers educational materials and literature on substance abuse. Western Employee Assistance Services provides confidential counseling services to employees of Fort Lewis College and their immediate families for assistance with drug and/or alcohol problems, as well as other personal matters. For more information, contact WEAS at the number listed below.

VI. AVAILABLE ALCOHOL AND OTHER DRUG PROGRAMS AND TREATMENT FACILITIES:

Arapahoe House Comprehensive Alcohol and Drug Treatment Center
8801 Liban Street
Thornton, Colorado 80260
(303) 657-3700

Care Center Montrose Memorial Hospital
800 S. 3rd Street
Montrose, Colorado 81401
(970) 249-CARE or 1-800-325-0403

Columbia Presbyterian St. Luke's Hospital
1719 East 19th Avenue
Denver, Colorado 80218
(303) 869-1999

Cortez Addictions Recovery Services, Inc.
35 No. Ash
Cortez, Colorado 81321
(970) 565-4109

Durango Detox
1125 Three Springs Boulevard
Durango, Colorado 81301
(970) 259-8732

Pathfinders Clinic
701 N. Camino Del Rio, Suite 308
Durango, Colorado 81301
(970) 259-6588

St. Mary's Recovery Services
436 S. 7th Street
Grand Junction, Colorado 81501
Outpatient: (970) 255-1855
Inpatient: (970) 245-4214

Southern Ute Alcoholism Recovery Center
296 Mouache Drive
Ignacio, Colorado 81137
(970) 563-4555

Western Employee Assistance Services
3801 North Main Avenue
Durango, Colorado 81301
(970) 259-0117

VII. LEGAL SANCTIONS FOR DRUG AND ALCOHOL OFFENSES UNDER APPLICABLE LAWS

This section summarizes the legal sanctions that may be imposed for violations of local, State, and Federal laws controlling drugs and alcohol. Statutory references are included for those who wish to study the language of the statute. This section does not describe all prohibited conduct or all applicable sanctions.

A. Federal

Every conceivable act related to the possession, use, production, and distribution of controlled substances is covered by Title 21, U.S.C. (United States Code). The list of controlled substances which may be found under Title 21 U.S.C. 812 and 21 C.F.R. (Code of Federal Regulations 1300.11 through 1300.15) is updated frequently to assure that all designer drugs are covered.

Persons convicted on Federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 860) face penalties of prison terms and fines that are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.

Secondary civil consequences also may flow from criminal drug violations. Property associated with the criminal acts (including homes and/or vehicles) can be confiscated by State or Federal governments.

Those convicted of felony violations may be barred from governmental employment and from licensed professions such as law, medicine, and teaching.

The maximum penalty for the most serious offense is 16 years in prison and a $750,000 fine.

B. State

State criminal statutes (which may generally be found under Titles 12 and 18 of the Colorado Revised Statutes) cover the same scope of conduct; and although the sentences and fines are generally less severe than Federal laws, life sentences are possible for repeat offenders. The maximum penalty for the least serious state offense is a fine of $100 (C.R.S. 18-18-406(1)).

State laws concerning driving under the influence of alcohol apply equally to driving under the influence of drugs.

State laws regulating the production, dispensation, possession, and use of alcohol may be found in Title 12 of the Colorado Revised Statutes. Perhaps their most significant.aspxect for a college campus is the prohibition of the distribution of alcoholic beverages to any person under the age of 21, to a visibly intoxicated person, or to a known drunkard. They also prohibit any form of assistance to these categories of people in obtaining alcoholic beverages. Violation of these laws is a misdemeanor punishable by fines of $1,000 and jail sentences of a year. However, such conduct may, in some circumstances, constitute contributing to the delinquency of a minor, which is a felony offense punishable by an eight-year prison sentence and a $500,000 fine.

Criminal sanctions also apply to those who operate motor vehicles while under the influence of alcohol and/or drugs. Under Section 42-4-1301, Colorado Revised Statutes, the maximum penalty for such an act is two years in jail and a $5,000 fine. If someone is injured as a result, the act is a felony punishable by four years in prison and a $100,000 fine. If someone is killed, the sentence can be eight years and a $500,000 fine. All such convictions also result in the revocation of driving privileges.

State law requires drivers who are stopped by the police for suspected violation of this law to submit to scientific tests that determine the amount of alcohol in their blood. Those who refuse automatically lose their driver's license.

C. Durango City Ordinances

The Code of Ordinances for the City of Durango, Section 3-10, makes it unlawful for any person in the city to carry or have any open containers of alcohol on any street, sidewalk, alley, parking lot, or other public place in the city, or in any motor vehicle in the city or on the grounds of any public or private school, college or university in the city. It is also unlawful for any person to drink alcohol in any of the above-mentioned places in the city.

Academic performance, health, personal relationships, and safety suffer when people abuse alcohol and other drugs.

HEALTH RISKS ASSOCIATED WITH THE USE OF ILLICIT DRUGS AND THE ABUSE OF ALCOHOL

Combining any of the above substances with prescription anti-depressants, anti-anxiety medications or attention deficit and hyperactivity disorder (ADHD) medications such as Ritalin is dangerous.