Lincoln University Drug and Alcohol Processes and Procedures

Click Here for a pdf version of the Drug and Alcohol Processes and Procedures (Revised August 2014)

BACKGROUND

On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act Amendments of 1989 (Amendments) Public Law 101-226 Section 22 amends provisions for the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965 to require that, as a condition of receiving funds or any other form of financial assistance under any federal program after Oct. 1, 1990, a university or college must submit certification that it has adopted and implemented a drug prevention program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees (See 20 USC 1011i & 34 CFR 86 for more info)
 
Lincoln University has developed and adopted the drug and alcohol awareness/prevention program described herein pursuant to the requirements set forth in the Drug-Free Schools and Communities Act.  As set forth in 34 CFR 86.100, Lincoln University is required to provide at a minimum, an annual distribution of the Drug and Alcohol Policy in writing to each employee and student that must contain the following:
 
1.      Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by employees and students on its property or as part of its activities;
2.      A description of applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;
3.      A description of health risks associated with the use of illicit drugs and the abuse of alcohol;
4.      A description of available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs;
5.      A clear statement of the disciplinary sanctions that Lincoln University will impose on employees and students and a description of termination of employment and referral for prosecution for the unlawful possession, use, or distribution of illicit drugs and alcohol. Disciplinary sanctions may also include completing an appropriate rehabilitation program; and
6.      A statement  on  implementation of a biennial review by Lincoln University of its program to determine the effectiveness, implement needed changes, and ensure that disciplinary sanctions are consistently enforced.
Lincoln University Drug and Alcohol Policy Lincoln University Drug and Alcohol Policy
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  1. POLICY STATEMENT

     

    Standards of Conduct: The unlawful possession, use or distribution of illicit drugs and alcohol by students or employees on the university property or as a part of any university activity is prohibited.   A copy of this Drug and Alcohol Processes and Procedures shall be distributed annually to each university employee and to each university student who is taking one or more classes for academic credit and students enrolled in continuing education classes.
     
    Please note that the lawful distribution, dispensing, possession, or use of alcohol is allowed on the Lincoln University campus for those times, places, and purposes approved by the President of the University.
     
     
  2. APPLICABLE SANCTIONS

     

    University Disciplinary Sanctions for Students and Employees
    Citations for violating the Lincoln University Drug and Alcohol Policy can be found in the Student Code of Conduct.
     
    Illegal Drugs & Other SubstancesBeing in the presence of any drug that is prohibited by law. The manufacture, use, possession or sale of any drug that is prohibited by law. Possessing drug paraphernalia or other paraphernalia used to facilitate illegal use, and attempting to manufacture or sell counterfeit drugs are also included in this violation. (Article II.B.2.)
     
    AlcoholThe possession, use or distribution of alcohol by students on university property or as a part of any official university activity is prohibited. Any student who violates this standard of conduct shall be subject to disciplinary sanctions. Sanctions may include suspension and/or referral for prosecution. (Article II.B.14.)
                                                                                                    
    Any student or employee who violates these standards shall be subject to disciplinary sanctions. Disciplinary sanctions for students may include any of the sanctions prescribed in Article V.B., including suspension or dismissal and/or referral for prosecution (community service, counseling, or other rehabilitation programs may also be required as a condition of any sanctions). The procedures for imposing student disciplinary sanctions may be found in Article V.A. The Student Code of Conduct can also be found in the Student Handbook
     
    Disciplinary Sanctions for Employees: Shall include an oral warning, a written reprimand, suspension or termination and referral for prosecution (See the Drug-Free Workplace Policy located in the Health and Safety section in the various Lincoln University Employee Handbooks for more information). Any disciplinary sanction may include the completion of an appropriate rehabilitation or counseling program.
               
    State Legal Sanctions
    Missouri Liquor Laws
    The Liquor Control Law for the State of Missouri (311 RSMo.) provides that any person under the age of 21 years who purchases, attempts to purchase or has in his/her possession any intoxicating liquor is guilty of a misdemeanor (311.325 RSMo).  Anyone who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years is guilty of a misdemeanor (311.310 RSMo). Anyone 17 - 20 years old that uses a fake ID to obtain alcohol is also guilty of a misdemeanor (311.320 RSMo). Under current Missouri law, a subject under the age of 21 who is visibly intoxicated can be arrested without being in physical possession of the intoxicating beverage. A person who has been convicted of a misdemeanor may be subjected to a fine ranging from $50.00 to $1,000.00 and/or imprisonment for up to one year (311.880 RSMo.).
     
    Driving While Intoxicated (DWI) in Missouri (RSMo. 577)
    A person commits the crime of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged condition (577.010.1 RSMo.). A person is in an "intoxicated condition" when he/she is under the influence of alcohol, a controlled substance, or drug, or any combination thereof (577.001 RSMo.). An individual is considered intoxicated with any amount of a controlled substance or other specific drugs in their system. 
    If you are stopped by an officer of the law in Missouri, you may be subject to receive a DWI:
    ·         If you drive with a blood alcohol concentration (BAC) of .08 or higher (regardless of whether your driving ability was actually impaired 577.012 RSMo.); or
    ·         It is determined that your driving ability is impaired (even though you may be under the .08 limit). 
     
    First offense is a class B misdemeanor subject to a fine up to $500 and/or 6 months imprisonment (577.010 RSMo.). A defendant found guilty must also participate in a Substance Abuse Traffic Offender Program (SATOP) (577.049 RSMo.) Multiple offenses offense range from a class A misdemeanor (a fine up to $1,000 and/or 1 year imprisonment) up to class B felony (15 years in prison 577.023 RSMo.). After multiple offenses Missouri law typically requires a driver to install an ignition interlock device on a vehicle after reinstatement of a driver’s license for 6 months (577.600 RSMo.)
     
    Refusal to Take Blood Alcohol Test
    Missouri law specifies that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood (577.020 RSMo.). Refusal to take a test could result in the suspension of your license for one year (577.041 RSMo.).
     
    Missouri Abuse and Lose Law (Drivers Under 21)
    In Missouri, the BAC limit for drivers who are under 21 is .02. Penalties include suspension of license 90 days (first offense); 1 year (any subsequent offense). The Abuse and Lose Law also includes the possession or use of alcohol and or drugs while driving or using a fake ID (see 577.500 & 577.525 RSMo. for more info.).
     
    Missouri Administrative Sanctions (RSMo. 302 specifically 302.500 – 302.540)
    Individuals arrested for driving while intoxicated, driving with a blood alcohol content of .08 or higher,  or driving under the influence of drugs (DUID) are processed administratively as well as criminally (302.505 RSMo.).  A driver license is suspended or revoked for 90 days for the first offense. A driver convicted of a second alcohol or drug-related offense, regardless of the length of time between convictions, will normally receive a 1-year revocation for accumulation of points. A driver convicted a second time for an alcohol or drug-related offense within a five-year period may also receive a 5-year license denial (302.525 RSMo.). A driver convicted 3 or more times for an alcohol or drug related offense will receive a 10-year license denial (302.060 RSMo.).  The license reinstatement process will include a SATOP along with other requirements prior to reinstatement (302.540, 302.304, & 302.541 RSMo.). (See the Missouri Department of Revenue’s DWI website for more information on revocations, suspensions and multiple offenses).  
     
    Missouri Drug Laws
    The manufacturing, possession, sale, distribution and use of illicit drugs (i.e. controlled substance or imitation controlled substance) are prohibited by state law (195 RSMo.). Penalties for first time offense for a drug possession violation can range from a fine of $1,000 to life imprisonment. Other prohibited acts include possession with intent to use drug paraphernalia and advertising the sale of drug paraphernalia. The tables below give information on penalties and fines for specific drug crimes in Missouri (see 195.010 RSMo. for definitions and 195.017 RSMo.for the scheduling information of controlled substances in Missouri).
    Summary of Specific Drug Crimes
     
    Description
    Crime/Class
    Possession or control of a controlled substance, exception, penalty.
    Misdemeanor/A or
    Felony/C
    Distribution, delivery, manufacture or production of a controlled substance, violations and attempted violations, penalty.
    Felony/A,B,C
    Unlawful distribution to a minor, penalty.
    Felony/B
    Unlawful purchase or transport with a minor, penalty.
    Felony/B
    Trafficking drugs, first degree--penalty.
    Felony/A
    Trafficking drugs, second degree--penalty.
    Felony/A,B
    Unlawful use of drug paraphernalia, penalty.
    Misdemeanor/A or
    Felony/D
    Unlawful delivery or manufacture of drug paraphernalia, penalty--possession is prima facie evidence of intent to violate section.
    Felony/D
    Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty.
    Misdemeanor/B
     
    Repeat Offenses Related to Drug Crimes
    Description
    Crime/Class
    Prior and persistent drug offenders, definitions, proof and pleadings, sentencing.
    -
    Prior and persistent offenders--possession, imprisonment for (See 195.202).
    Felony/A,B
    Prior and persistent offenders imprisonment for distribution, delivery, manufacture or production (See 195.211).
    Felony/A
    Prior drug offenders--unlawful distribution to a minor or unlawful purchase or transport with a minor--imprisonment for (See 195.212 or 195.213).
    Felony/A
    Prior and persistent offenders--trafficking drugs, second degree, imprisonment for (See 195.223).
    Felony/A
    Prior offenders--trafficking drugs, first degree, imprisonment for (See 195.222).
    Felony/A
     
    *All trafficking and distribution penalties shall be sentenced to be served without probation or parole if the court finds the defendant is a prior or persistent drug offender depending on the charge.
     
    Penalties and Fines
    Felony Class
    Penalties (Years of imprisonment 558.011 RSMo.)
    Fines (560.011 RSMo.)
    A
    10 – 30, or life
    -
    B
    5 - 15
    -
    C
    Up to 7
    Up to $5,000
    D
    Up to 4
    Up to $5,000
    Misdemeanor Class
    Penalties (Term of imprisonment 558.011 RSMo.)
    A
    1 year
    $1,000
    B
    6 month
    $500
    C
    15 days
    $300
    Infraction
    -
    $200
     
    Fines for Profiting from the Commission of a Crime
    A person who has been convicted of a misdemeanor through which he/she derived money or property through the commission of the crime may be fined an amount which does not exceed double the amount of the money or property derived through the commission of the crime. An individual offender may not be fined more than $20,000 under this provision (560.016 RSMo.)
     
    Distribution or Manufacturing of a Controlled Substance Near a University in Missouri (195.211 and 195.214 RSMo.Distribution or manufacturing of a controlled substance within 2,000 feet of a school is a class A felony; which term shall be served without probation or parole if the court finds the defendant is a persistent drug offender (for distribution 195.275RSMo.).
     
    Employee Workers Compensation Benefits Involving Drugs and Alcohol (287.120.6 RSMo.)
    If it is determined that the employee was under the influence of drugs and/or alcohol at the time a work-related injury occurred and if the cause of the accident was directly related to the use of drugs and/or alcohol, the employee will not be eligible to receive workers' compensation benefits.
     
    If it is determined that the employee was under the influence of drugs and/or alcohol at the time a work-related injury occurred, even if the cause of the accident was not directly related to the use of drugs and/or alcohol, the employee will be assessed a reduction in workers' compensation benefits of 50 percent.
     
    An employer can require that an employee take a drug and/or alcohol test after an accident if there is reason to believe that an intoxicating substance may be involved. An employee’s refusal to take a test for alcohol or a non-prescribed controlled substance, as defined by section 195.010 RSMo, at the request of the employer shall result in the forfeiture of benefits under this chapter if the employer had sufficient cause to suspect use of alcohol or a non-prescribed controlled substance by the claimant or if the employer’s policy clearly authorizes post-injury testing. For more information contact the State of Missouri’s Office of Administration, Central Accident Reporting Office (CARO)at (573) 751-2837 or email at caro@oa.mo.gov.
     
    Federal Sanctions
    Although most controlled substance offenses are prosecuted under state law, possession can become a federal charge in many circumstances. For example, it is a federal offense where either the defendant or the drug crossed state lines, or the offense took place in a national park, federal land, or aboard an airplane. It is a violation of federal law to possess, manufacture, or distribute a controlled substance. Defined by federal statute, controlled substances include, but are not limited to, marijuana, cocaine, PCP, LSD, and other narcotics (See 21 CFR 1308.11 – 21 CFR 1308.15 for Drug Schedule info). The severity of the sanctions imposed for both possession and distribution offenses depend on the type and quantity of drugs, prior convictions, and whether death or serious injury resulted.
     
    Possession
    A student or employee found guilty of possessing a controlled substance may be subject to some or all of the following sanctions under criminal federal law:
     
    Fines and/or Penalties for Possession (21 USC 844.(a))
    Conviction
    Imprisonment
    Fines
    1st
    Up to 1 year
    $1,000
    2nd (Incl. any previous state)
    15 days to 2 years
    $2,500
    3rd (Incl. any previous state)
    90 days to 3 years
    $5,000
     
    In addition, any individual who knowingly possesses specific controlled substances (i.e. heroin, cocaine, or their derivatives) may be assessed a civil fine of up to $10,000 (21 USC 844a).
     
    Manufacture, or Distribute a Controlled Substance
    First conviction is a minimum of 5-10 years imprisonment to life and/or a maximum fine of $10,000,000 for an individual depending on the amount and schedule of the controlled substance involved. (See 21 USC 841(a)(1) for more information on “Penalties on Possession of Controlled Substance with Intent to Distribute”
     
    Trafficking Penalties
    Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 USC 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense listed in 21 USC 841(b), with a mandatory prison sentence of at least one year (See the US Drug Enforcement Agency (DEA) Drug Schedule Penalties for more information on trafficking penalties).
     
    Forfeiture of Property
    Federal law may require the forfeiture of property used to possess or to facilitate possession of a controlled substance, and the forfeiture of vehicles, boats, aircraft or any other conveyances used to transport or conceal a controlled substance (21 USC 881(a)(4)).
     
    Denial of Federal Benefits
    If an individual is convicted on federal or state drug charges for possession, distribution/sale, or trafficking, the federal government may also deny or revoke federal benefits such as grants (i.e. Pell and FSEOG), loans, or work study. A student can receive financial aid prior to the end of the revocation period, if certain rehabilitation requirements are met (see the 20 USC 1091(r), drug eligibility worksheet and studentaid.ed.gov for more info).
     
    Years of Revocation for Federal Benefits
    Citation
    Offense
    1st
    2nd
    3rd
    Possession
    1
    2
    indefinite
    Distribution/Sale
    2
    indefinite
     
    Trafficking
    5
    10
    indefinite
     
  3. HEALTH RISKS

     

    Students who engage in risky drinking may experience blackouts (i.e., memory loss during periods of heavy drinking); fatal and nonfatal injuries, including falls, drownings, and automobile crashes; illnesses; missed classes; unprotected sex that could lead to a sexually transmitted disease or an unwanted pregnancy; falling grades and academic failure; an arrest record; accidental death; and death by suicide. In addition, college students who drink to excess may miss opportunities to participate in the social, athletic, and cultural activities that are part of college life.
     
    Drug and alcohol use in the workplace not only contributes to lost productivity, but also causes tremendous costs related to absenteeism, accidents, health care, loss of trained personnel, and employee treatment programs. Drug and alcohol abuse causes physical and emotional dependence. Users may develop a craving for these drugs or alcohol and their bodies may respond to the presence of drugs in ways that lead to increased drug and alcohol use. 
     
    Alcohol
    Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Alcohol can increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death.
     
    Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
     
    Drugs
    Like many prescription drugs, "recreational" drugs come with potentially harmful side effects that can have serious and long-term effects on your health. High doses of many of the drugs, or impure or more dangerous substitutes for these drugs, can cause immediate life-threatening health problems such as heart attack, respiratory failure, and coma. Combining drugs with each other or with alcohol is especially dangerous.
     
    Drug Health Effects Table

    Narcotics
    Depressants
    Stimulants
    Hallucinogens
    Cannabis
    Drug Name
    (Opium, Morphine, Codeine, Heroin, Hydromorphone, Meperidine, Methadone)
    (Chloral Hydrate, Barbiturates, Benzodiazepines, Methaqualone, Glutethimide)
    (Cocaine, Amphetamines, Phenmetrazine, Methylphenidate)
    (LSD, Mescaline & Peyote, Amphetamine Variants, Phencyclidine, Phencyclidine)
    (Marijuana, Tetrahydrocannabinol, hashish, hashish oil)
    Possible Effects
     euphoria, drowsiness, respiratory depression, constricted pupils, nausea
    slurred speech, disorientation, drunken behavior without odor of alcohol
    increased alertness, excitation, euphoria, increased pulse rate and blood pressure, insomnia, loss of appetite
    analogues, illusions, & hallucinations, poor perception of time and distance
    euphoria, relaxed inhibitions, increased appetite, disoriented behavior
    Effects of Overdose
     Slow & shallow breathing, clammy skin, convulsions, coma, possible death
    shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death
    agitation, increase in body temperature, hallucinations, convulsions, possible death
    Longer, more intense "trip" episodes, psychosis, possible death
    fatigue, paranoia, possible psychosis
    Withdrawal Syndrome
    watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating
    anxiety, insomnia, tremors, delirium, convulsions, possible death
    apathy, long periods of sleep, irritability, depression, disorientation
    withdrawal syndrome not reported
    insomnia, hyperactivity, decreased appetite occasionally reported
    Risk of Physical Dependence
    High
    Moderate to High
    Possible
    Unknown
    Unknown
    Risk of Psychological Dependence
    High
    Moderate to High
    High
    Unknown, High for Phencyclidine and analogs (i.e. PCP)
    Moderate

     (see the Lincoln University Drug and Alcohol Awareness page for additional information on health risks)
  4. EDUCATIONAL INFORMATION

    The University has developed an annual educational programs consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation; participating in the Spring and Fall Faculty orientation program; presenting programs throughout the year on at least a quarterly basis, may include sessions such as: skits, a residence hall speaker series, and annual poster series.  These educational programs are typically put on by Student Health Services, Residential Life, Student Activities & Greek Life, and the Lincoln University Police Department and other various organizations around campus. 

  5. COUNSELING INFORMATION

     

    As a part of its drug prevention program, the university has prepared the following information summary for educational purposes. Lincoln University also provides counseling services located at Student Health Services center. Student Health, Residential Life, and Student Activities also sponsor various Drug & Alcohol Abuse Education programs throughout the year on an as needed basis.
     
    Counseling Services:Lincoln University has a counselor on staff with Student Health Services located at the Thompkins Health Center that can be reached at (573) 681-5167. The campus counselor is available during normal office hours on weekdays between 8:00am to 5:00pm
     
    In 1980, the State of Missouri created the Division of Alcohol and Drug Abuse as a division of the Department of Mental Health, and in the spring of 2013 the Division of Alcohol and Drug Abusebecame the Division of Behavioral Health.Among the responsibilities of the Division is the provision of public information relating to alcohol and drug abuse and its prevention, treatment and rehabilitation (631.010  RSMo.). You can contact the Division of Behavioral Health at (573) 751-4942 or click here for additional information on district counseling offices.
     
    Other counseling and/or treatment resources available close to the Jefferson City Campus:
    Counseling and/or treatment resources available close to the Ft. Leonard Wood Campus:
    ·         Alcoholics Anonymous (Phelps & Pulaski County) (573) 680-2123
    Hotline numbers for counseling services and information include:
    The university makes no endorsement with regard to any counseling/treatment facility and assumes no responsibility for the quality of services available (see the Lincoln University Drug and Alcohol Awareness page for additional information on educations resources).
     
    Faculty & Staff Specific Counseling Information:The currentEmployee Assistance Program (EAP) is made available through the University’s current health care provider (click here for LU policies on EAP & Drug Free Workplace). The university's benefit plans, including hospitalization and salary continuation (to the extent vacation and sick leave annual balances are available), may be used for treatment of substance abuse as for any other diseases or disabilities.   Please contact Human Resources at (573) 681-5018 or visit the HR website to obtain more information on drug and alcohol counseling services from the current health care provider.
     
  6. BIENNIAL REVIEW

    Lincoln University shall conduct biennial reviews of the university's drug prevention program to determine the effectiveness of the program and to recommend/implement changes as appropriate. Each such review shall also include an evaluation of disciplinary sanctions imposed during the review period to ensure that these sanctions are consistently enforced.  A copy of this review shall also be made available to the Department of Education and the public upon request.   Requests can be made at the Dean of Students Office.