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The following is taken directly from the 2003-2004 Student Handbook.

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 Santions
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 accord with established College policies insuring due process:

• Expulsion
• Notification of parents/guardians
• Official censure or reprimand
• Participation in a rehabilitation program
• Probation
• Referral for prosecution
• Restitution
• Suspension
• Termination of employment
• Warning
• 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 person¹s control or in any place under that person¹s 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.

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.

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
Any individual under the age of 21 years shall have his/her license suspended for one year if he/she operates a motor vehicle with any blood-alcohol concentration. Refusal to submit to a chemical test will result in a one year suspension of a driver¹s 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 parent¹s knowledge or consent. The penalty is a 20-day driver¹s license suspension. A reinstatement fee will be charged to get a license reinstated. Points will be assessed against the offender¹s 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:

1. A fine of at least $400, and
2. loss of license for at least 90 days;
3. a license reinstatement fee;
and you will be required to attend an alcohol or other drug education evaluation and treatment program

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, you will receive:

1. A fine of at least $400 ($500 if you refuse a test)
2. at least 48 hours in jail (96 hours if you refuse a test),
3. loss of license for at least 90 days;
4. a license reinstatement fee;
5. and you will be required to attend an alcohol or other drug education evaluation and treatment program.
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 Maine¹s 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.

Sec. 2502. Purposes

1. Primary legislative purposes. The primary legislative purpose of this Act is to prevent intoxication-related injuries, deaths and other damages among the State¹s population.
2. Secondary purposes. The secondary legislative purposes are to:
   1. Establish a legal basis for obtaining compensation for those suffering damages as a result of intoxication-related incidents in accordance with the Act
   2. Allocate the liability for payment of damages fairly among those responsible for the damages, which will encourage liquor liability insurance availability; and
   3. Encourage all servers of alcohol to exercise responsible serving practices.

Sec. 2503. Definitions


1. Server. "Server" means a person who sells, gives, or otherwise provides liquor to an individual.
2. Service of liquor. "Service of liquor" means any sale, gift or other furnishing of liquor.
3. Visibly intoxicated. "Visibly intoxicated" means a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual which clearly demonstrates a state of intoxication.

Sec. 2505. Defendants.

1. Licensee as a defendant. Any server who is a licensee or employee or agent of a licensee who commits an act giving rise to liability, as provided in sections 2506 and 2507, may be made a defendant to a claim under this Act.
2. Nonlicensee as a defendant. Any server who is a nonlicensee who commits an act giving rise to liability, as provided in section 2506, subsection 1, and 2507, may be made a defendant to a claim under this Act.

Sec. 2506. Negligent service of liquor; liability

1. Negligent service to a minor. A server who negligently serves liquor to a minor is liable for damages proximately caused by that minor¹s consumption of the liquor.
2. Negligent service to a visibly intoxicated individual. A server who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual¹s consumption of the liquor.
3. Negligent conduct. Service of liquor to a minor or to an intoxicated individual is negligent if the server knows or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated.
4. Server¹s knowledge of individual¹s consumption. A server is not chargeable with knowledge of an individual¹s consumption of liquor or other drugs off the server¹s premises, unless the individual¹s appearance and behavior, or other facts known to the server, would put a reasonable and prudent person on notice of such consumption.

Sec. 2507. Reckless service of liquor; liability.

1. Reckless service to a minor. A server who recklessly provides liquor to a minor is liable for damages proximately caused by that minor¹s consumption of the liquor.
2. Reckless service to a visibly intoxicated individual. A server who recklessly serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual¹s consumption of the liquor.

3. Reckless conduct. Service of liquor is reckless if a server intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others.

   For the purpose of this Act, the disregard of the risk, when viewed in light of the nature and purpose of the server¹s conduct and the circumstances known to him, must involve a gross deviation from the standard of conduct that a reasonable and product person would observe in the same situation.

4. Evidence of reckless conduct. Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:
   1. Active encouragement of intoxicated individual to consume substantial amounts of liquor;
   2. Service of liquor to an individual who is under 18 years of age when the server has actual or constructive knowledge of the individual¹s age; and
   3. Service of liquor to an individual that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.

Sec. 2508. Damages.

1. Damages. Damages may be awarded for property damage, bodily injury or death proximately caused by the consumption of the liquor served by the server.
2. Damages under wrongful death and survival laws. Except as otherwise provided in this Act, damages may be recovered under Title 18-A, sections 2-804 and 3-817, as in other tort actions, subject to the damage limit of section 2509.

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 is merely exercising or maintaining control over an item. Possession of drugs can include merely allowing drugs to be kept in your room, car, or locker even though the drugs are owned by someone else.

To furnish drugs is to give the drugs to another, dispense it, administer it, 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 "aggravated 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

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 10 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 not less than 10 years 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 section.

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 driving recklessly
• Alcohol taken with other drugs can intensify the drug¹s effects, alter the desired effect of the drug, cause nausea, sweating, severe headache, and convulsions
• Addiction or chemical dependency
• Memory blackouts
• Uncharacteristic family, school, work, legal problems
• Physical problems such as cirrhosis of the liver
• Birth defects and mental retardation in user¹s children

Cocaine

• Destroy nasal tissues
• Kidney damage
• Stroke
• Diseases of the lung, heart, and blood vessel
• Cardiac arrhythmia, convulsions, seizures, suppression of respiration, sudden death
• Intense anger, restlessness, paranoia, fear
• Hear and see imaginary things
• Malnutrition

Heroin

LSD

• Experience frightening hallucinations
• Trigger more serious problems for 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 somehow last forever
• Tolerance with repeated use means that increased amounts are needed to bring about the same effects
• Effects may recur (flashbacks) days or weeks later, even without further use of LSD
• Death may result from suicide, accident

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
• Dysfunction related to thinking, learning, and recall
• Impair ability to drive and do other things that require physical and intellectual capabilities
• Irritate lungs, aggravate asthma, bronchitis, emphysema
• Listlessness, tiredness, inattention, withdrawal, and apathy
• Chronic lung disease and lung cancer

Steroids

• Liver disease
• Cancer
• Growth problems
• Testicular atrophy
• Bone fusion
• Acne
• Psychological problems
• Rage and uncontrolled anger
• AIDS
• Breast reduction
• Failure of secondary sex characteristics
• Sexual dysfunction, 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
Alden Kent, licensed clinical social worker, Health Center, ext. 3394

Faculty
Ed Yeterian, dean of faculty, Eustis 304A, ext. 3204

Staff
Douglas Terp, Associate Vice President for Administration, Roberts Union 119, ext. 3406

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

More Info

1-800-322-5004 Maine Alcohol and Drug Abuse Clearinghouse to receive information about treatment services.

1-800-452-6457 Maine Bureau of Drug Enforcement, where you may confidentially and anonymously report information about the illegal trafficking of drugs.

1-800-COCAINE Cocaine Hotlines