Drug Free Schools and Communities Act
Statement on Conduct
The University will uphold all federal, state and local laws regarding alcohol and other drugs. The unlawful possession, use, consumption or distribution of alcohol and other drugs by students or employees on University property or as a part of any University activity is prohibited. Violators are subject to the Student Conduct Process by Xavier and may be referred for prosecution in accordance with applicable laws. University-imposed sanctions for violations may include suspension, termination or expulsion, compulsory attendance at alcohol and other drug education or rehabilitation programs, or other appropriate disciplinary measures.
Standards of Conduct
The following is a non-exhaustive list of standards of conduct Xavier will enforce. Additional standards of conduct will be enforced in accordance with Federal, state, and local laws, and Xavier's Alcohol and Other Drug Policy. Underage Drinking: By state law it is illegal for persons under the age of 21 to possess, consume, or sell alcohol. Therefore, a student who engages in such behavior is in violation of University policy. Providing alcohol to a student who is not of legal drinking age is a violation of University policy by both parties.
Illegal and Prescriptive Drugs: The possession, consumption, and sale of illegal drugs and the abuse of prescription drugs are illegal and a violation of University policy.
Drinking Games and Instruments: Participation in alcohol drinking games and the possession of instruments designed to encourage excessive drinking (e.g. beer bongs) is prohibited and a violation of University policy.
Paraphernalia: Any instrument, vessel, or device (e.g., bong, pipe, rolling papers, etc. - this list is illustrative not exhaustive) used to consume alcohol or illegal substances in the commission of a policy violation or state law is considered contraband and is prohibited. Such items will be confiscated and the Student Conduct Process will be levied.
Public Intoxication: Public intoxication on any University-owned property (including but not limited to residence hall common areas, rooms and apartments) is prohibited and a violation of University policy.
False Identifications: The possession of a falsified identifications and the representation of another person's identification as one's own are prohibited and a violation of University policy. Such items may be confiscated and considered evidence of intent to purchase alcohol under the legal age limit. Knowingly providing an identification to another student to falsely represent as his or her own is also a violation of University policy.
Responsibility for Violations: Consumption of alcohol, legal or otherwise, neither removes nor absolves student from his or her responsibility to observe University regulations.
Complicity: All students present where a violation is occurring are considered responsible for the violation and may face the Student Conduct Process. For example, if underage consumption of alcohol or use of illicit drugs is occurring in a student's room, all present may be held responsible.
Residence Life: In any University-owned housing, students who are of legal drinking age may possess or consume alcohol in a student's room or apartment. Consumption and possession of open containers of alcohol in public areas of University-owned housing is permitted only with the specific authorization of the Office of Residence Life. Kegs, beer balls and other large amounts of alcohol are not permitted in students' rooms or apartments. Alcohol containers are not permitted as decoration in students' rooms or apartments. Empty alcohol containers must be disposed of promptly. The possession of alcohol or alcohol containers will be considered evidence of consumption and the container may be confiscated and destroyed. No alcohol is permitted in Brockman Hall, Husman Hall, or in any University-owned room or apartment where all residents of that room or apartment are under the legal drinking age. Residence Life Staff who are assigned to alcohol-free areas are permitted to consume alcohol only in their own room or apartment. Alcohol-related conduct that infringes upon the rights of others to a quiet, orderly living environment is not acceptable. A student may be denied the privilege of University-owned housing if he or she repeatedly violates the Alcohol and Other Drug Policy or if he or she poses a danger him- or herself, others, or the environment while under the influence of alcohol or other drugs.
Possible University Sanctions
According to the National Institute on Drug Abuse, alcohol affects every organ in the drinker's body. Intoxication can impair brain function and motor skills; heavy use can increase risk of certain cancers, stroke, and liver and heart diseases. Alcoholism or alcohol dependence is a diagnosable disease characterized by a strong craving for alcohol, and/or continued use despite harm or personal injury. Alcohol abuse, which can lead to alcoholism, is a pattern of drinking that results in harm to one's health, interpersonal relationships, or ability to work. Additional health risks of alcohol include increased risk of injuries, violence, fetal damage (in pregnant women), depression, neurologic deficits, hypertension, and fatal overdose.
Also according to the National Institute on Drug Abuse, a variety of significant health risks are associated with the use of illicit drugs. Some of these health risks are as follows:
Marijuana: frequent respiratory infections, possible mental health decline, and addiction.
Opioids (such as heroin and opium): constipation, endocarditis, hepatitis, HIV, addiction, and fatal overdose. Stimulants (such as cocaine, amphetamine, methamphetamine): weight loss, insomnia, cardiac or cardiovascular complications, stroke, seizures, and addiction.
Club drugs (such as methylenedioxy-methamphetamine/ecstasy, flunitrazepam/roofies, GHB): sleep disturbances, depression, impaired memory, hyperthermia, unconsciousness, seizures, coma, and addiction.
Depressants (such as barbiturates, sleep medications, Xanax and Valium): lowered blood pressure, slowed breathing, tolerance, withdrawal, addiction, increased risk of respiratory distress and death when combined with alcohol, irritability, and life-threatening withdrawal in chronic users.
Anabolic steroids: hypertension, blood clotting and cholesterol changes, liver cysts, hostility and aggression, acne, in adolescents?premature stoppage of growth, in males?prostate cancer, reduced sperm production, shrunken testicles, breast enlargement, in females?menstrual irregularities, development of beard and other masculine characteristics.
Inhalants: cramps, muscle weakness, depression, memory impairment, damage to cardiovascular and nervous systems, unconsciousness, and sudden death.
Xavier University is concerned about anyone who struggles with substance abuse. Campus resources and personnel from the McGrath Health and Wellness Center and Psychological Services Center provide substance abuse counseling and referral assistance for students facing problems associated with drug and alcohol abuse. The Centers supervise and run programs that include individual and group oriented workshops, and educational programs and training. The University also has available a number of student organizations that address substance abuse prevention.
Local, State, and Federal Laws and Sanctions
The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of July 20, 2012. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses:
Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from five years' imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4 million. Depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g. methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substance range from up to one year in prison or a fine of at least $1,000.
State Law, Alcohol.
Ohio Revised Code (O.R.C.) Section 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor. The penalty for a violation may include a fine of not less than $25, but no more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.
O.R.C. Section 4301.631 provides that no underage person can purchase low alcohol beverages, that no person may furnish low alcohol beverages to an underage person, and that no person shall allow underage persons to consume low alcohol beverages on his or her property. Punishments for violating O.R.C.Section 4301.631 range from fines of $25 to $250 and imprisonment up to 30 days.
O.R.C. Section 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
O.R.C. Section 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the department of liquor control. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
O.R.C. Section 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle. Violation of this law is a misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
O.R.C. Section 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person. Violation of this law is a misdemeanor. The maximum penalty is imprisonment for not more than 6 months and a fine of not less than $500 and no more than $1,000.
O.R.C. Section 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless he is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
O.R.C. Section 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse. Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension. Penalties for repeat offenders can result in up to 5 years in prison.
State Law, Drugs.
O.R.C. Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance. The penalty is mandatory imprisonment from 6 months to 10 years, depending upon amount and type of drug involved and history of previous drug abuse offenses.
O.R.C. Section 2925.03 provides that no person shall knowingly traffick in controlled or illicit substances, including marijuana. Trafficking includes selling, offering to sell, delivering, distributing, preparing, cultivating, and manufacturing of controlled substances. The penalty is mandatory fines ranging from $100 to $20,000, depending on offense and drug involved, and mandatory jail sentences ranging from 6 months to 10 years.
O.R.C. Section 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance. Drug abuse offenses involving amounts of marijuana less than 100 grams carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 8 years and mandatory fines of $15,000. Drug abuse offenses involving other drugs may result in jail terms of up to 10 years and fines of $20,000.
O.R.C. Section 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments. A first offense can carry a jail term of up to 90 days and fines of $750, plus driver's license suspension for a period of six months to five years.
O.R.C. Section 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, manufacture or advertise drug paraphernalia. Depending upon the facts, the penalty is imprisonment up to 6 months and fines up to $1,000.
O.R.C. Section 2925.31 provides, except for lawful research, clinical, medical, dental, or veterinary purposes, no person with intent to induce intoxication or similar effect, shall obtain, possess, or use a harmful intoxicant. The penalty is fines up to $1,000 and 6 months in jail, plus driver's license suspension for a period of six months to five years.
O.R.C. Section 2925.37 provides that no person shall knowingly possess, make, sell, or deliver counterfeit controlled substances. Depending upon the facts, the penalty can be up to 180 days in jail and a $1,000 fine, but aggravating circumstances can cause the offense to become a felony of the fourth degree with prison terms between 6-18 months and a fine up to $5,000.
The City of Cincinnati and the City of Norwood enforce all the state criminal statutes cited above. In addition, each of these cities list some additional sanctions for alcohol and other drug use, including without limitation, prohibitions against: driving under the influence of alcohol or drugs; possession and consumption of alcohol while underage; providing alcohol to underage persons; having an open container of alcohol in public places; possession of a controlled substance; purchasing and consuming low-alcohol beverages by underage persons; using false representations by underage persons to obtain alcohol; permitting the consumption of alcohol by underage persons at a person's property (including hotel rooms); and hosting a party where alcohol or drug abuse occurs. Penalties for violation of these local laws include fines not to exceed $1,000 (plus court costs) and imprisonment for up to six months.