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Possession Of Drugs


									Notice to all IU South Bend Students
U.S. Department of Education regulations regarding alcohol and drug abuse
The Drug-Free Schools and Communities Act                            university property or in the course of a
Amendments of 1989, enacted by Congress as                           university activity or student
Public Law 101-226, requires institutions of higher                  organization activity, contrary to law.
education to have a policy designed to prevent the              ii. Use of university facilities to
unlawful possession, use, or distribution of illicit                 manufacture, process, or distribute any
drugs and alcohol by students and employees or be                    drug or controlled substance contrary to
ineligible to receive federal funds or any other form                law.
of federal financial assistance.                               iii. Sale, gift, of transfer of drugs, controlled
                                                                     substances, or drug paraphernalia to
THE DRUG-FREE CAMPUS POLICY MUST                                     Indiana University students; whether or
CONTAIN THE FOLLOWING ELEMENTS:                                      not such sale, gift, or transfer occurs on
A. prohibition of unlawful possession, use, or                       university property or in the course of a
    distribution of drugs or alcohol;                                university activity or student
B. description of applicable legal sanctions for                     organization activity.
    violation of these laws;                           NOTE: Students are advised that under Indiana
C. description of the health risks associated with     law, it is illegal for a minor, defined as a “person
    the use of illicit drugs and the abuse of alcohol; less than 21 years of age” to possess or consume
D. description of available drug or alcohol            alcoholic beverage. Further, it is illegal for a minor
    counseling, treatment, or rehabilitation           to transport alcoholic beverage (even if unopened).
    programs available; and
E. description of university sanctions that will be    APPLICABLE LEGAL SANCTIONS
    imposed on students for violations of the Drug-    The following information concerns the criminal
    Free Campus Policy.                                penalties that can be imposed by State or Federal
                                                           statute for violations related to alcohol or drug
                                                                                           U       U   U       U

All students are encouraged and cautioned to read          possession, use, or distribution.
this document which explains the above elements
more fully. Address questions or comments to the           All students are reminded that conviction under
associate vice chancellor for student services,            state and federal laws that prohibit alcohol-related
Administration Building 102B, (574) 520-4273.              and drug-related conduct can result in fines,
                                                           confiscation of automobiles, and other property, and
POSSESSION OF UNLAWFUL                                     imprisonment. In addition, licenses to practice
DRUGS OR ALCOHOL                                           certain professions may be revoked and many
The university may discipline a student for the            employment opportunities may be barred.
following acts of personal misconduct (See NOTE
below):                                                    It is impractical to list all the alcohol and drug-
1. Unauthorized possession or use of alcoholic             related state and federal crimes and penalties, but all
    beverages                                              persons should be aware that in Indiana, any person
    a. The following actions are prohibited by             under 21 who possesses an alcoholic beverage, and
       Indiana University:                                 any person who provides alcohol to such persons, is
        i. Use or possession of alcoholic beverages        at risk of arrest. Any person who is intoxicated in
            on university property, or in the course       public risks arrest. A person convicted of driving
            of a university activity or student            while intoxicated may be punished by fine, be
            organization activity, contrary to law.        jailed, and lose the license to drive an automobile.
2. Unauthorized possession or use of any drug or           Any selling of alcoholic beverages without a license
                                                                U      U

    controlled substance                                   is illegal.
    a. The following actions are prohibited by
       Indiana University:                                 Possession or use, distribution, or manufacture of
        i. Use or possession of drugs or controlled        controlled substances (drugs) illegally can result in
            substances or drug paraphernalia on            arrest and conviction of a drug violation and fines
up to $10,000 (Indiana), fines up to $250,000             Center, located in Administration Building 130. As
(federal), imprisonment up to 50 years (Indiana),         warranted, referral to agencies providing more
imprisonment for life (federal), and confiscation of      intensive treatment and or rehabilitation programs
property.                                                 will be facilitated. A list of available community
                                                          resources is available at the Student Counseling
DESCRIPTION OF HEALTH RISKS                               Center, the Office of Student Life, and the office of
ASSOCIATED WITH ALCOHOL AND                               the associate vice chancellor for student services.
All persons should know of the health risks caused        UNIVERSITY SANCTIONS FOR VIOLATIONS OF
by the use of alcohol, and by the illegal use of
              U      U                                    THE DRUG-FREE CAMPUS POLICY
controlled substances (drugs).
U                             U                           Violations of the provisions set forth in Paragraph
                                                          (A) by the Drug-Free Campus Policy are considered
Consumption of more than two average servings of          “personal misconduct.” The university may
alcohol within several hours can impair                   discipline a student for acts of personal misconduct
coordination and reasoning enough to make driving         that are not committed on university property if the
unsafe. Consumption of alcohol by a pregnant              acts are related to the security of the university
woman could damage the unborn child. A pregnant           community or the integrity of the educational
woman should consult her physician about this risk.       process.
Regular and heavy alcohol consumption can cause
serious damage to the liver, the nervous and              The associate vice chancellor for student services is
circulatory systems, mental disorders, and other          authorized to impose any one or a combination of
health problems. Drinking large amounts of alcohol        the following sanctions for acts of personal
in a short time may quickly produce                       misconduct:
unconsciousness, coma, and even death.                    A. reprimand and warning;
                                                          B. disciplinary probation;
Use of controlled substances (drugs) can result in        C. restitution;
damage to health and impairment of the physical           D. participation in a specific program (such as drug
condition, including: impaired short-term memory              education or counseling);
or comprehension; anxiety, delusions,                     E. provision of a specific service;
hallucinations; loss of appetite resulting in a general   F. suspension from Indiana University (all
damage to the user’s health over a long term; a               campuses);
drug-dependent newborn if the mother is a drug            G. expulsion from Indiana University (all
user during pregnancy (pregnant women who use                 campuses).
alcohol, drugs, or who smoke should consult their
physicians); AIDS, as a result of “needle sharing”        Sanctions in each case are made only after a hearing
among drug users; death from overdose.                    and a determination of responsibility. Sanctions will
                                                          vary depending upon the nature and circumstances
The health risks associated with drugs or excessive       of the offense and on the student’s prior record.
use of alcohol are many, and are different for            These standards require the usual sanction for drug
different drugs, but all nonprescription use of drugs,    dealing to be suspension or expulsion from the
and excessive use of alcohol endangers your health.       university.
A DRUG THAT IS NOT PRESCRIBED BY                          Campus disciplinary charges and criminal charges
YOUR DOCTOR OR FOR DRINKING TO                            may both be filed for the same action. Students may
EXCESS.                                                   be subject to sanction by both the campus and by
                                                          the courts for the same action.
TREATMENT                                                 For more complete details of these sanctions and of
Indiana University South Bend offers assistance for       the hearing process, students are referred to the
students with alcohol and/or drug related problems.       Indiana University Code of Student Rights,
Upon careful evaluation, counseling and treatment         Responsibilities, and Conduct, which is available
services are available at the campus’s Counseling         online at
                                                                   HTU                                UTH

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