COLBY COLLEGE POLICIES ON ALCOHOL AND ILLEGAL DRUGS

DRUG-FREE WORKPLACE ACT

In November of 1988, the United States Congress enacted the Anti-Drug Abuse Act which contains a section called the "Drug-Free Workplace Act of 1988". This section requires organizations receiving federal grants and contracts to insure that their workplaces are free from illegal use, possession, manufacture or distribution of controlled substances.

The law requires employers who receive federal funds to:

Notify employees that drug abuse is prohibited in the workplace,

Establish a drug-free awareness program,

Require each employee to notify the College of any criminal conviction for violations occurring in the workplace, and Impose sanctions or remedial actions for convicted employees.

This law also requires individuals who receive federal funds to certify to the contracting or granting agency that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in conducting any activity under the grant. This requirement also applies to students who are recipients of Pell Grants. By signing the certification required for eligibility under the Pell Grant Program, a student is agreeing not to engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the period covered by his or her Pell Grant at all times. A Pell Grant recipient convicted of a criminal drug offense must report the conviction, in writing, within ten calendar days of the conviction to the Director, Grants and Contracts Service, U.S. Department of Education.

Any employee convicted of any workplace-related criminal drug violation must notify the appropriate College official within five calendar days after conviction. Faculty should contact the Dean of Faculty and staff should contact the Director of Personnel. Failure to report a conviction may be grounds for termination of employment.

Violations of the Drug-Free Workplace Act may result in:

Disciplinary action, up to and including termination of employment

Suspension of payments under the grant

Suspension or termination of the grant

Suspension or debarment of the grantee

DRUG-FREE SCHOOLS AND COMMUNITIES ACT

The Drug-Free Schools and Communities Act Amendments of 1989 require Colby to certify that it has adopted and implemented a program to prevent the illicit use of drugs and the abuse of alcohol by its students and employees. This program must include the annual distribution of the following to each student and employee:

standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of drugs and alcohol by students and employees on an institution's property or as any part of the institution's activities;

a description of the applicable legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs or alcohol;

a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;

a description of any drug and alcohol counseling, treatment, or rehabilitation program that are available to students and employees; and

a clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law) and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution for violation of the standards of conduct.

The Act requires Colby to review program effectiveness on a periodic basis.

COLBY COLLEGE POLICY ON ALCOHOL AND
ILLEGAL DRUGS

Alcohol

The use, possession and sale of alcohol on campus and at College functions must comply with state and local laws and ordinances and Colby's Alcohol Policy (this policy is included as Appendix A.) Violations of the laws and policies will result in disciplinary action up to and including suspension, termination of employment and referral for prosecution.

Illegal Drugs

The possession, use, manufacture or distribution of illegal drugs is prohibited at any time on College property and as part of any Colby activities. "Illegal drugs" does not mean the use of drugs under a valid prescription. Employees and students found to use, possess, manufacture or distribute illegal drugs are liable to Colby disciplinary action up to and including suspension, termination of employment and referral for prosecution.

COLBY COLLEGE SUBSTANCE ABUSE POLICY

Students, faculty, and staff are responsible individuals and thus expected to obey the law and take personal responsibility for their conduct. Colby recognizes that substance abuse is a complex problem that is not easily resolved solely by personal effort and may require professional assistance and/or treatment. Accordingly, the College has designated a number of individuals to assist students, faculty, and staff who seek referral for assistance with a substance abuse problem. Students, faculty, and staff with substance abuse problems are encouraged to take advantage of available diagnostic, referral, counseling, and prevention services. However, those seeking assistance will not be granted special privileges or exemptions from standard personnel practices applicable to job performance requirements and from standard academic and student conduct requirements. Colby will not excuse acts of misconduct committed by students, faculty, and staff whose judgment is impaired due to substance abuse.

Disciplinary Sanctions

Students, faculty and staff who violate Colby policy will be subject to disciplinary action by the College. The severity of the imposed sanctions will be appropriate to the violation. Violations of Colby policies concerning illegal drugs and alcohol will result in the imposition of one or more of the following sanctions in accordance with established College policies insuring due process:

Participation in a rehabilitation program

Restitution

Probation

Suspension

Official Censure or Reprimand

Termination of employment

Referral for prosecution

Other actions the College deems appropriate

What Does the Law Say about Alcohol?

Furnishing Liquor to a Minor or a Visibly Intoxicated Person

Maine law makes it a crime for any person to knowingly give liquor to a minor or a visibly intoxicated person or to allow any minor under that person's control or in any place under that person's control to consume liquor. Violation of this law can result in a maximum fine of $500 and up to six months in jail.

Illegal Sale of Liquor

It is a crime to sell liquor without having a liquor license issued by the Maine Bureau of Alcoholic Beverages. Violation of this law can result in fines of $300 plus 30 days in jail for the first Offense. Subsequent offenses are punished by greater fines and jail time.

Illegal Possession with Intent to Sell

Any person who possesses liquor with the intent to sell it is in violation of Maine liquor laws and subject to a fine of between $100 and $500, and possible incarceration from two to six months.

Seizure and Forfeiture of Vehicle

Any vehicle used to transfer liquor intended for illegal sale may be impounded at the time of the violation or seized following the violation.

Special Liquor Laws Relating to Minors

Illegal Possession of Liquor

Any minor (a person under the age of 21 years) who is found to be in possession or control of alcohol is guilty of a civil infraction and shall be subject to a fine of:

1st offense, $100 to $300

2nd offense, $200 to $500

3rd and subsequent offenses, $500

Teen Drinking Laws

An individual under the age of 21 years shall have his/her license suspended for one year if he/she operates a motor vehicle with a blood alcohol concentration of .00, Maine has a zero tolerance law regarding operating under the influence by minors. Refusal to submit to a chemical test will result in a one year suspension of a driver's license. One can of beer, one glass of wine or one ounce of distilled spirits can result in a blood alcohol level of .02 or more.

Illegal Transportation

No minor shall transport alcohol in a motor vehicle except in the scope of his/her employment or with the parent's knowledge or consent. The penalty is a 20-day driver's license suspension. A reinstatement fee will be charged to get a license reinstated. Points will be assessed against the offender's license.

Operating Under the Influence

Maine law prohibits drinking while operating a motor vehicle. Any person who violates this law commits a civil violation for which a maximum fine of $500 may be imposed.

Maine motor vehicle law makes it a crime for any person to operate a motor vehicle in Maine under the influence of alcohol or drugs or with an excessive blood alcohol level. Penalties for operating under the influence are as follows:

1st Conviction: If your blood-alcohol content is .08 to .14 percent:

A fine of at least $300, and

Loss of license for at least 90 days.

Refusal to be tested results in a loss of license for 180 days.

If your blood-alcohol content is .15 percent or more, or you are traveling 30 m.p.h. or more over the speed limit, or you attempt to elude an officer of the law, or you refuse to submit to a blood test:

A fine of at least $300

At least 48 hours in jail, and

Loss of license for at least 90 days

Penalties for second and subsequent convictions include greater fines and mandatory jail time.

Vehicle Seizure or Forfeiture

A person operating under the influence while under suspension for a previous OUI or refusal, is subject to vehicle seizure and forfeiture.

Maine Liquor Liability Act

The Maine Liquor Liability Act serves to prevent alcohol related injuries, deaths and other damages among Maine's population. This law makes one liable civilly for the negligent or reckless service of alcohol to a minor or to a person who is visibly intoxicated. Monetary damages may be awarded for the negligent or reckless serving of alcohol, which causes property damage, bodily injury or death.

State Drug Offenses

Maine law prohibits the knowing, intentional and unauthorized possession, furnishing (distributing or giving away) and trafficking (selling) of scheduled drugs. Scheduled drugs include, for example, cocaine, marijuana, lysergic acid diethylamide (LSD), heroin, and steroids.

Definitions

Possession

To furnish drugs is to give the drugs to another, dispense it, administer, or transfer it to another regardless of profit.

Trafficking is to sell, barter, trade, exchange or furnish an illegal drug for consideration.

Aggravated Trafficking in an illegal drug can be "aggravated" if the crime of "trafficking" is committed with facts that include the following "aggravating factors":

Trafficking while within 1,000 feet of an elementary or secondary school, regardless of whether the sale took place in a private home or whether the school was in session

Trafficking while on a school bus

The trafficking involves a minor (under 18 years of age)

Trafficking in 112 grams (approximately 4 ounces) or more of cocaine

The trafficking involves a firearm

Aggravated trafficking is a crime one class more serious than trafficking and consequently carries longer terms of imprisonment and greater fines.

Federal Drug Offenses

The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional, and unauthorized manufacture, distribution, or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute or dispense. Federal law also prohibits the knowing, intentional, and unauthorized creation, distribution, dispensing, or possession with intent to distribute or dispense a "counterfeit substance".

Simple possession without necessarily an intent to distribute is also forbidden by federal law and carries a penalty of imprisonment. Furthermore, "attempts" and/or conspiracies to distribute or possess with intent to distribute controlled substances are crimes under federal law.

Federal law prohibits certain specific drug crimes which carry greater penalties, including:

The distribution of narcotics to persons under 21 years of age

The distribution or manufacturing of narcotics near schools and colleges

The employment of juveniles under the age of 18 in drug trafficking operations

The distribution of controlled substances to pregnant women

Penalties

The penalties for violating federal narcotic statutes vary considerably. The penalties may be more harsh based on two principal factors; specifically:

The type of drug involved (heroin, cocaine, marijuana, LSD, etc.)

The quantity of the drug involved

With the exception of simple possession charges which result in up to one year imprisonment, maximum penalties for narcotic violations range from 20 years to life in prison. Certain violations carry mandatory minimum prison sentences of either five years or ten years. For example, the possession with intent to distribute one kilogram or more of a substance containing a detectable amount of heroin carries a term of imprisonment of a 10 year minimum and up to life imprisonment. The possession with intent to distribute 500 grams or more of a mixture or a substance containing a detectable amount of cocaine carries a sentence of not less than five years and not more than 40 years.

Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are also more harsh. Questions sometimes arise as to what amount of narcotics found in the possession of a person is considered to be for personal use as opposed to the more serious offense of possession with intent to distribute. You should be aware that federal law, as a general rule, considers anything more than a dosage unit with regard to any particular drug as being sufficient from which to infer an intent to distribute. In other words, the greater the quantity possessed by the individual, the more likely it is that an individual possessed such quantity with an intent to distribute.

Health Risks Associated with Alcohol and Drug Abuse

Alcohol abuse and drug use problems have become a national health concern. Alcohol is a chemical. So are drugs. Any chemical is potentially harmful to someone. Some of the health risks associated with alcohol and drugs are listed on the pages that follow. For additional information about health risks associated with substance abuse, a listing of currently available resources is provided at the end of this pamphlet.

Alcohol

Slowing down of brain function, judgment, alertness, coordination and reflexes

Attitude and/or behavioral changes such as uncharacteristic hostility or increased risk taking (such as reckless driving)

When taken with other drugs alcohol can intensify the drug's effects, alter the desired effect, cause nausea, sweating, severe headaches, and convulsions

Addiction or chemical dependency

Memory blackouts

Uncharacteristic family, school, work, or legal problems

Physical problems such as cirrhosis of the liver

Birth defects and mental retardation in user's children

Cocaine

Destroy nasal tissues

Kidney damage

Stroke

Diseases of the lungs, heart and blood vessels

Cardiac arrhythmias, convulsions, seizures, suppression of respiration, sudden death

Intense anger, restlessness, paranoia, fear

Hear and/or see imaginary things

Malnutrition

Heroin

Loss of appetite

Addiction with severe withdrawal symptoms

Drowsiness, clouding of mental processes, apathy, slowing of reflexes and physical activity

Infection, hepatitis, or AIDS

Death from overdose

LSD

Experience frightening hallucinations

More serious problems are triggered in a person who has a history of mental or emotional instability

Distortions of reality such as feeling that the unusual and sometimes frightening effects of the drug will last forever

Tolerance with repeated use means that increased amounts are needed to bring about the same effects

Recurrence of effects (flashbacks) days or weeks later even without further use of LSD

Death may result from suicide, accidents

Marijuana

Elevated blood pressure, coughing, dryness of the mouth and throat, decrease in body temperature, sudden appetite, swollen red eyes

Panic reaction, paranoia

Distortions of time, reality, and perception, often impairing short-term memory

Possible addiction

Dysfunctions related to thinking, learning, and recall

Impairment of ability to drive and do other things that require physical and intellectual capabilities

Irritates lungs, aggravates asthma, bronchitis, and emphysema

Listlessness, tiredness, inattention, carelessness about personal grooming, withdrawal, and apathy

Chronic lung disease and lung cancer

Steroids

Liver disease

Cancer

Growth problems

Testicular atrophy

Bone fusions

Acne

Psychological problems

Rage and uncontrolled anger

AIDS

Breast reduction or enlargement

Failure of secondary sex characteristics

Sexual dysfunctions, sterility (reversible), impotence

Fetal damage

Help

Assistance is available on campus at the Garrison-Foster Health Center. The College has designated individuals to assist students and employees in dealing with a substance abuse problem. You may also choose to raise your concerns with supervisors, hall staff, College physicians and counselors, or your personal physician.

Students call:
Rachel Henderson
Coordinator of Alcohol and Drug Programs
Health Center
Ext. 3394

Faculty call:
Edward Yetarian
Dean of Faculty
Eustis 305A
Ext. 3204

Staff call:
Bonnie Smith
Associate Director of Personnel
Roberts Union 119
Ext. 3180

Some financial assistance for off-campus treatment programs is available under the health insurance plans provided to students and employees.

Additional information may be obtained by contacting the following:

1-800-499-0027 Substance Abuse Information and Resource Center to receive information on treatment services

1-800-452-6457 Maine Bureau of Drug Enforcement Marijuana Hotline to confidentially and anonymously report information about the illegal trafficking of drugs

1-800-COCAINE Cocaine Hotline

Appendix A

Colby College Alcohol Policy

Students are adults and are thus expected to obey the law and to take personal responsibility for their conduct. Colby does not police students’ personal lives on or off the campus, but disciplinary action will result if a student’s use of alcohol creates disorder, public disturbances, danger to themselves and others, or property damage. Similarly, hosts of parties or sponsoring organizations may be held accountable for violations by the College and by civil authorities under Maine law. Following is a partial list of pertinent Maine laws (items 1-7) and College regulations relevant to the use of alcohol.

1. Persons must be at least 21 years old to purchase, possess, or consume alcoholic beverages legally in the State of Maine (MRSA 28; 2, 11, 28; 303.).

The law is quite explicit on this point. The only exception granted under law is when an underage person is under the supervision of his/her parent(s) in their own home. Colby would not be considered "home" to any persons except faculty residents. Underage students in possession of alcohol will automatically receive a $50.00 fine and possible disciplinary action.

2. Persons must not present false identification, either written or oral, in order to obtain alcoholic beverages (MRSA 28; 303.).

3. Persons of legal drinking age must not provide alcoholic beverages to underage individuals (MRSA 28; 1058.).

4. Unlicensed sale of alcohol on campus in any form is illegal and expressly forbidden (MRSA 28; 2/15.).

Only establishments with State of Maine liquor licenses may sell alcohol. (This law makes it very difficult for organizations on campus to finance events that include alcohol.) The law does not allow the sale of tickets for alcohol, "mandatory donations," or the raffle of alcohol. Donations may be accepted after invitations are sent, but the person invited cannot be intimidated in any way to pay a donation. Tickets to a dance can be sold, but the area where the alcohol is being served must be open to non-ticket holders. The profit from an event, such as a dance, cannot be used to pay for the alcohol. A person can be barred from an event for not having an invitation as long as the invitation does not cost money. Unlawfully accepting monies at the door will result in a $50.00 fine and possible disciplinary action.

5. The consumption of alcoholic beverages is permitted out of doors only with special permission arranged through the Department of Security (MRSA 17; 2002 A.).

According to a law established during the summer of 1981, it is illegal to consume alcohol in public places. "Public" in our case is determined by public access and not public property. All outside property and public buildings such as the academic buildings, dining halls, and unions are considered public space on campus. Exceptions are residence hall living spaces. The law also states that one warning must be given by law enforcement officials before an arrest can be made. Walking between buildings with open containers will not be permitted, and violators will be fined $250.00. Repeat offenders will be subject to further disciplinary action.

6. Persons or organizations that serve alcoholic beverages are responsible for the damages, both to person and property, of those served (MRSA 29; 1312 "The Little Dram Shop Act.").

This law makes the person serving the alcohol liable under civil law if an intoxicated person is injured as a result of alcohol consumed. Since organizations at Colby are a part of Colby, it is possible that Colby College would also be named in such a suit, as well as any person who approved such an event.

7. Any person who is intoxicated can be prevented from driving a motor vehicle by Colby security officers (Implied ref. MRSA 29; 1312.).

Security officers will do everything possible, short of physical constraint, to prevent an intoxicated person from driving. If all fails and the person is determined to drive, local authorities will be notified so an arrest can be made. Any student found guilty of operating a vehicle under the influence will normally be required by the Dean of Students to complete an alcohol education program or receive other appropriate counseling.

8. Intoxication will not be accepted as a defense or an excuse for disorderly conduct.

9. Sponsors of social events or parties at which alcohol is served are responsible for the following:

a. The event must be scheduled by Wednesday or Thursday, depending upon the size of the event.

b. Alternate beverages and food must be provided in sufficient quantity.

c. Numbers of guests must be restricted to the legal fire capacity.

d. Appropriate signs outlining alcohol policy must be placed at the event.

e. Public advertising of the event must not include the mention of alcohol.

f. Sponsors are responsible for cleanup and damages. Sponsors will be billed for any extra cleanup and pay a fine equal to 25 percent of the cost of that cleanup.

g. Sponsors cannot advertise the event, distribute invitations or tickets, purchase alcohol, or sign entertainment contracts prior to the completion of the scheduling procedure.

Note: A completed scheduling form is considered a contract–any breach of which is regarded as a violation of alcohol policy.

There are a variety of reasons why events on campus must be scheduled, from coordinating the College calendar to providing the necessary security for the event. By signing the scheduling form, the sponsor is accepting the conditions stated on the form.

10. Major campus social events designed primarily for students are permitted only on Fridays and Saturdays. Events will be evaluated by the appropriate scheduling authorities to determine whether they constitute a major event. Exceptions to this rule may be granted by the Office of the Dean of Students.

The guideline originated with the faculty, who expressed a concern that weekends, particularly "carnival" weekends, were beginning too early. In keeping with this concern, and that of keeping other weeknights, free for seminars and academic pursuits, all large campus social events planned during the week must be approved by the dean of students before taking place.

11. There may be no service of alcohol on campus, at the Spa, Pub or elsewhere, during new student orientation.

In response to the general feeling that the first experiences for new students at Colby shouldn’t involve alcohol, the College requires that there be no public service of alcohol during orientation.

12. Alcohol is prohibited at any social event designated primarily for first-year students and/or sophomores.

Because the legal drinking age in Maine is 21 and since most first-year students and sophomores are under age, events designed specifically for them cannot include alcohol.

13. The consumption of alcohol is forbidden at campus athletic events.

In keeping with the Public Drinking Law for outside athletic events and in keeping with the philosophies of alcohol and athletics so strongly taught by our Athletic Department, it would be inconsistent to allow alcohol at campus athletic events.

14. Guidelines for the service of alcohol at each facility are the responsibility of the facility supervisor or his/her designee. Policies established by the facility supervisors are to treat all constituent groups of the Colby community equally. Alcoholic beverages are not permitted in academic buildings without prior consent of the dean of faculty.

15. Kegs of beer are only allowed in designated lounge areas with prior approval and registration of the event. They are not allowed in individual residence hall rooms or suites. Social gatherings are not permitted in residence halls or stairwells.

This stems from our concern for fire safety and legal capacities and the fact that residence hall rooms are not designed for large group entertaining.

16. Social events designed primarily for students are not permitted after the last day of scheduled events on the semester calendar.

17. Alcohol cannot be given as a prize for contests, games, scavenger hunts, or other such activities.

Since activities such as raffles, scavenger hunts, and contests in which alcohol is the winning prize exclude all people under the legal drinking age, such prizes are not permitted. It is also illegal to raffle alcohol or in any other way sell alcohol without a license.

18. Drinking games such as Beer Die are prohibited in the Cotter Union, in dining halls, at any outdoor events, and in all public areas of residence halls.

19. Infractions of the Colby alcohol policy by students, faculty, or staff are to be referred for action to the dean of students, the dean of faculty, or the appropriate supervisor, respectively.