THE DRUG FREE SCHOOLS AND COMMUNITIES ACT
The Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226), signed by President Bush on December 12, 1989, requires the University to sign a certification in order to receive any Federal funds. The University is required to certify to the United States Department of Education that it has adopted and implemented a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. At a minimum, 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 University property or as any part of the University’s activities;
- A description of the applicable legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol;
- A clear statement that the University will impose censures on students and employees (consistent with local, state and federal law) and a description of these censures, up to and including expulsion or termination of employment and referral for prosecution for violations of the “Standards of Conduct for Students”;
- A description of any drug and alcohol counseling, treatment, or rehabilitation programs that are available to students and employees; and
- A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
The University of Louisiana at Monroe endorses the Drug Free Schools and Communities Act and seeks to provide an educational environment that will promote the abilities and opportunities of all students. To comply with the requirements of the Act and to advance the educational environment of the University the following information is presented.
STANDARDS OF CONDUCT FOR STUDENTS
This information is an excerpt from The University of Louisiana at Monroe Student Code of Conduct, Section Five. Subsections 5.03:34 and 5.03:35 relate directly to the University’s Standards of Conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of drugs and alcohol by students on University property or as a part of University activities. Subsections 5.03:49, 5.03:50, and 5.03:51, may also apply.
Standards of Conduct for Students
- Each student and/or guest assumes an obligation to obey all University rules and regulations made by properly constituted authorities.
- The “Standards of Conduct for Students” outlines behavior expected by the University. Standards of conduct covering all aspects of human behavior cannot be written; therefore, omission of an offense from the written “Standards of Conduct for Students” does not prohibit the University from bringing charges for that offense. Municipal, Parish, State and Federal statutes cover many types of behavior not specified in University regulations.
- Conduct regulations for students attending the University of Louisiana at Monroe and for officially recognized student organizations are designed to create and to promote a wholesome educational environment. Student and student organization conduct in the environment of an institution of higher learning is expected to be exemplary at all times. Conduct regulations at the University require each student and student organization to exercise respect for Federal, State, Parish and Municipal laws and to conduct personal affairs and activities both on and off campus to reflect credit both to the student, to the student organization, and to the University. To promote this goal, the University does not permit the following activities:
Acts of Dishonesty, Misuse or Unauthorized Possession
| 5.03:34 |
Violation of University Drug Policy, to include: unauthorized or illegal possession, use, distribution, sale, manufacture, or transportation of narcotics, stimulants, depressants, barbiturates, sedatives, tranquilizers, hallucinogens, marijuana and/or other similarly known drugs and/or chemicals, possession of drug paraphernalia. |
| 5.03:35 |
Violation of University Alcohol Policy, to include: possession or consumption of alcoholic beverages or possession of alcoholic beverage containers on campus, or during any trip sponsored by the University, except as provided in University policy, underage possession or drinking; or providing alcohol to underage students on or off campus. |
Finally, to preserve the educational environment of the University community, a student or student organization may be formally charged with a violation of the ULM Code of Student Conduct and referred to a hearing in the Office of Student Services (Student Conduct) or the appropriate University Unit for possible disciplinary action when as a result of misconduct the student or student organization is:
| 5.03:49 |
Convicted of a felony. |
| 5.03:50 |
Formally charged by civil authorities with the commission of a felony of such nature that the student’s or student organization’s continued presence at the University is potentially dangerous to the health, safety, and educational environment of the University community; or |
| 5.03:51 |
When there is a strong convincing evidence that the student or student organization against whom civil authorities have not brought charges or imposed penalties has committed a felony of such nature that the student’s or student organization’s continued presence at the University is potentially dangerous to the health, safety, and educational environment of the University community. |
LEGAL SANCTIONS UNDER LOCAL, STATE, AND FEDERAL LAW FOR THE UNLAWFUL POSSESSION, USE, OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL
Alcohol
Louisiana law R.S. 14:93.11 states that:
- It is unlawful to sell alcoholic beverages to any person under 21 years of age, and
- Violation of this statue shall result in a fine of not more than one hundred dollars or imprisonment for not more than six months, or both. Lack of knowledge of the person’s age shall not be a defense.
Louisiana law R.S. 14:93.13 states that :
- It is unlawful for any person other than a parent, spouse, or legal guardian as specified in R.S.14:93.10 (2)(a)(ii), to purchase on behalf of a person under 21 years of age any alcoholic beverage, and
- Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than thirty (30) days, or both.
Drugs
Illegal Controlled Substance (pursuant to R. S. 9:2800.62.2) means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled dangerous substance the possession or distribution of which is a violation of the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq.
POSSESSION OF MARIJUANA
- 1st conviction: fined not more than $500 and/or imprisoned in the Parish Jail for not more than 6 months.
- 2nd conviction: fined not more than $2000 and/or imprisoned with or without hard labor for not more than 5 years.
SCHEDULE I DRUGS
- Possession: fined not more than $5000 and/or imprisoned for not less than 4 years and not more than 10 years.
- Distribution: fined up to $15,000 and/or sentenced from 5 years to life imprisonment without benefit of probation, or suspension of sentence.
SCHEDULE II DRUGS
- Possession: fined not more than $5000 and/or not more than 5 years in prison.
- Distribution: fined not more than $15,000 and/or not less than 5 years in prison, but no more than 30 years.
SCHEDULE III DRUGS
- Possession: fined up to $5000 and/or not more than 5 years in prison.
- Distribution: fined not more than $15,000 and/or not more than 10 years in prison.
SCHEDULE IV DRUGS
- Possession: fined not more than $5000 and/or not more than 5 years in prison.
- Distribution: fined not more than $15,000 and/or not more than 10 years in prison.
SCHEDULE V DRUGS
- Possession: fined not more than $5000 and/or not more than 5 years in prison.
- Distribution: fined not more than $5000 and/or not more than 5 years in prison.
Any person found responsible of distributing to any student involved in any public or private elementary, secondary, vocational-technical training, special, or post secondary school or institution in Louisiana shall, upon conviction, be punished by a term of imprisonment of not more than twice that authorized by the applicable provisions or payment of not more than twice the fine authorized.
Censures for Personal Use/Abuse of Drugs/Alcohol
Students who are involved with the use and/or abuse of drugs/alcohol will be censured by the University. Censures will include any of the following from the Collegiate Due Process System:
| 6.01:02 |
University Community Service |
| 6.01:03 |
Discretionary Sanctions |
| 6.01:04 |
Disciplinary Probation |
| 6.01:05 |
Indefinite Disciplinary Probation |
| 6.01:06 |
Counseling |
| 6.01:09 |
Restitution |
| 6.01:10 |
Forfeiture of rights and privileges |
| 6.01:11 |
Suspension of eligibility for official athletic or nonathletic extracurricular activities |
| 6.01:19 |
Suspension from the University |
| 6.01:21 |
Dismissal from the University |
| 6.01:22 |
Expulsion from the University |
| 6.01:25 |
Mandatory off-campus housing |
| 6.01:26 |
Drug testing |
A student who has been initially convicted by a Civilian Court (City, Parish, State, Federal) where the offense involves drugs/alcohol and the offense has a maximum penalty of one (1) year or more confinement may be dismissed from the University.
The ULM Counseling Center’s Policy/Procedures Regarding Alcohol & Drugs
Students experiencing drug and alcohol difficulties are encouraged to seek counseling on campus as a beginning step. The abuse of alcohol and drugs is regarded at the ULM Counseling Center as a personal crisis requiring special services as provided by a trained professional in drug and alcohol treatment.
In the event a student is referred to the ULM Counseling Center due to problem behavior on-campus as a result of drug or alcohol usage, counseling then becomes mandatory and follow-up sessions are held.
The lines of communication between the Office of Student Services and the ULM Counseling Center remain open and are often the source by which students are referred. When it is deemed necessary, based on the counselor’s opinion that outside referral be made, the ULM Counseling Center then takes on the role of secondary caregiver working in conjunction with either the attending counselor, therapist, psychiatrist, or doctor. Some places of referral are local Alcohol Anonymous groups, Monroe Alcohol and Drug Abuse Clinic, Northeast Louisiana Behavioral Health Services and any other sanctioned groups who might meet the student’s needs.
Effort on the part of the ULM Counseling Center is made to help students identify a group they will be comfortable with and to see that a smooth transition is made. Students are encouraged to initiate the additional calls for help and to participate actively in the receiving of treatment. It has been found at the Counseling Center that such action can be both therapeutic and a sign of the client’s acknowledgment of a possible drug problem; this is often the first step toward making a recovery.
At all times a file is kept on the client indicating services the client is receiving and a statement granting the Counseling Center permission to communicate with outside facilities. The Counseling Center operates under the alcohol guidelines set forth in the “Student Policy Manual” and adheres to issues of confidentiality as set forth in the American Counseling Association. Material is made available through outreach presentations, literature placed in the office and an updated listing of community services and support groups.
|
