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Chapter
7: Alcohol and Controlled Substances
Updated January 8, 2002
Official Policy / Alcoholic
Beverage Policies and Illicit Drugs Policies for All Students and Organizations
/ Policies for Postbaccalaureate
Students and Organizations /
Alcoholic Beverage Policies for Undergraduate Students
of Legal Drinking Age / Emergency
Treatment / Sanctions /
Resources /
Health Risks /
Warning Signs of Possible Substance Abuse /
Drug
Effects Table (PDF Document) / FEDERAL
TRAFFICKING PENALTY CHARTS (PDF Document)
You will need Adobe Reader on your computer to view and
print the two PDF documents. It is available free from the Adobe Web site.
Click on the link to download Adobe Reader.
Vanderbilt
University is deeply concerned about the health and welfare of its students.
University policies and regulations in generaland alcohol and illicit
drug policies in particularreflect that concern. The purpose of
the policy, and the purpose of articulating it in great detail, is to
enable students to make informedand it is hoped, intelligentchoices,
and to enable them to understand the consequences of making poor choices.
In compliance with the federal Drug-Free Schools and Campuses regulations,
Vanderbilt has adopted a policy that includes the expectation that students
will comply with federal, state, and local laws, including those relating
to alcoholic beverages, narcotics, and other drugs.
The University prohibits the unlawful possession, use, or distribution
of alcohol and illicit drugs by students, faculty, and staff, on its property,
or as part of any University-sponsored activity. The prohibition extends
to off-campus activities that are officially sponsored by Vanderbilt,
its schools, departments, or organizations. In addition, the prohibition
extends to off-campus professional or organizational activities, including
attendance at conferences, when participation is sponsored by the University,
or when the participant student, faculty member, or staff member is representing
the University. Finally, the prohibition extends to private
events off campus where the University may have an interest (e.g,, if
a student were to provide alcohol to underage students at an off-campus
location).
To underscore the seriousness with which it takes the issue of health
and welfare of its constituent populations, the University will impose
disciplinary sanctions on students, faculty, and staffup to and
including expulsion or termination of employment, and referral for prosecutionfor
violation of the alcohol and illicit drug policy. Conditions of continued
employment or enrollment may include the completion of an appropriate
rehabilitation program.
In addition to the standards of conduct prohibited by law and University
policy, students, faculty, and staff are subject to the additional requirements,
disciplinary standards, and procedures promulgated by their respective
schools, departments, and organizations. When students who are tested
for drugs as a condition of participation in a University program (such
as athletics) test positive, the results will be reported to the Chair
of the Conduct Council for appropriate disciplinary actions. Additional
standards of conduct, disciplinary standards, and procedures may be found
elsewhere in The Student Handbook, in the Faculty Manual,
and in the Medical Center Alcohol and Drug Use Policy (Policy No. 3008),
and any applicable union contract. Students, faculty, and staff should
refer to appropriate documents for detail.
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ALCOHOLIC BEVERAGE AND ILLICIT
DRUGS POLICIES FOR ALL STUDENTS AND ORGANIZATIONS
The following regulations
apply to the use of alcoholic beverages by individuals, by groups, by
University departments, or by an organizations members and invited
guests:
• At no time may alcoholic beverages be provided (served, distributed,
furnished) to persons under legal drinking age (twenty-one years old)
for the state of Tennessee.
• Because of the danger that drunk drivers pose to themselves and to others,
the operation of a vehicle while under the influence of alcohol or other
drugs is prohibited.
• Again, due to the danger that intoxicated persons pose to themselves
and to others, as well as to the disruption that intoxication can bring
to the living/learning community, intoxication is prohibited.
• Alcohol may not be used as an award or trophy for any event or program
of the University or by any University organization, group, or individual.
• Notices, posters, flyers, banners, etc., may not use logos or trademarks
of alcoholic beverages, or mention or refer to alcoholic beverages or
their availability at an event.
• "B.Y.O.B.," as shorthand for "Bring Your Own Bottle,"
may be used on postings, etc., for events that have been registered B.Y.O.B.
during the event registration process. (Any B.Y.O.B. event sponsored by
a student organization must be registered with the Office of Schedules
and Reservations in Sarratt.)
•Groups or individuals who effect excessive and/or harmful consumption
of alcohol through games, peer pressure, subterfuge, or other activities
are subject to disciplinary action.
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POLICIES FOR POSTBACCALAUREATE
STUDENTS AND ORGANIZATIONS
Graduate and professional
students and organizations must register their events with the Office
of Schedules and Reservations, and secure authorization through the Events
Registration Committee for events at which alcoholic beverages are present.
If an undergraduate group cosponsors an event with a postbaccalaureate
group, the policies governing undergraduate events must be followed. In
addition, postbaccalaureate groups and their officers are subject to disciplinary
action if there are violations of the underage drinking law or University
policies and regulations at their events. Officers of an organization
or a residence hall or individuals hosting an event are responsible for
ensuring compliance with University policies and state and local law.
Both organizations and individuals are subject to disciplinary action
by the University, by the state of Tennessee, and by the Metropolitan
Government of Nashville.
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ALCOHOLIC BEVERAGE POLICIES
FOR UNDERGRADUATE STUDENTS OF LEGAL DRINKING AGE
The only places on campus
where students of legal drinking age may routinely possess and consume
alcoholic beverages are as follows:
1. The rooms and apartments
of students in upperclass residence halls (with the exception of substance-free
floors and buildings, and freshman rooms in upperclass buildings)
2. Fraternity and sorority houses
3. The Overcup Oak.
Students may not consume alcoholic beverages elsewhere, except in common
areas designated by student vote in upperclass residence halls in accordance
with residential autonomy procedures, or when an event has been appropriately
registered as an event at which alcoholic beverages will be consumed (see
also Scheduling Activities
section in Chapter 3: Community Life).
Being in residence hall lobbies or about the campus with open containers
of beer or other alcoholic beverages, regardless of the type of container,
is prohibited.
For special events, a place may be designated as one where the possession
and consumption of alcoholic beverages by those of legal drinking age
is permitted. However, such occasions must be registered, approved, and
advertised five days in advance as an event at which alcohol may be consumed
(e.g., the event must be authorized for B.Y.O.B., or authorization be
granted by the Vice Chancellor for Student Life or his designee to serve
undergraduates, and no common containers may be used).
The use of common containers of alcoholic beverages such as kegs, punch
bowls, or party balls by undergraduates, the use of pure grain alcohol
by individuals or organizations, the use of devices such as funnels and
beer bongs designed for the rapid consumption of alcohol, and drinking
games are prohibited on campus or at any event sponsored by a student
organization off campus.
Undergraduate students who have reached the age designated by the state
(twenty-one years of age) for the legal consumption of alcoholic beverages
may possess and consume alcoholic beverages at events registered and approved
for consumption on a "bring-your-own" basis. (See Scheduling
Activities section in Chapter 3: Community Life, for
registration requirements.).
B.Y.O.B. practices contemplate that an individual student of drinking
age may share alcoholic beverages with a date or companions who are also
of legal drinking age. However, any subterfuge or device to evade the
spirit of the University policy prohibiting the use of common containers
or the provision of alcoholic beverages at undergraduate functions will
subject students and organizations to disciplinary action.
Any time alcoholic beverages are served or permitted, alternative beverages
and food must also be served during the entire period that alcoholic beverages
are available. Students organizing a B.Y.O.B. event are responsible for
providing nonalcoholic beverages and food.
The sale of alcoholic beverages is prohibited, unless licensed by state
or local authorities and authorized by the University.
Individuals who wish to invite guests to a party or gathering in their
rooms, apartments, suites, or lodges must have authorization from the
assistant director (AD) for the residential complex. For the event to
be B.Y.O.B., a majority of the hosts must be of legal age to drink alcoholic
beverages.
Undergraduate groups, individuals, students, faculty, and staff may not
serve alcoholic beverages to undergraduate students, except by special
authorization from the Vice Chancellor for Student Life or his designee.
Authorizations are limited to faculty-student mixers or dinners and very
special occasions where a reasonable percentage of those attending are
of legal drinking age. To seek authorization to serve alcohol for an event,
the officers of the student organization should obtain an Activities Registration
Form from the Office of Schedules and Reservations and secure the approval
by signature of their faculty adviser. The Activities Registration Form
must then be submitted to the Events Registration Committee. If authorization
to serve alcohol is granted, the completed form should then be filed with
the Office of Schedules and Reservations no fewer than five days in advance
of the event. (See also, Scheduling
Activities: Registration of Meetings, Concerts, Lectures, and Special
Events in Chapter 3: Community Life.)
Officers of an organization or a residence hall or individuals hosting
an event are responsible for ensuring compliance with University policies
and state and local law. Both organizations and individuals are subject
to disciplinary sanction by the University and prosecution by the state
of Tennessee and the Metropolitan Government of Nashville.
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EMERGENCY TREATMENT
It is in the best interest
of students welfare that persons who overdose or become intoxicated
be brought to the attention of medical personnel. For that reason, and
other University policies notwithstanding, it is University policy that
no student seeking medical attention for intoxication or overdose shall
be formally disciplined for the simple illegal use or possession of alcohol
or other drugs, provided that the sole reason the students intoxication
or overdose was discovered by University officials arose from the seeking
of medical care (by the affected student or by friends of the affected
student).
Immunity from disciplinary action for alcohol violations extends to individuals
seeking help for the intoxicated student, but does not relieve a group
of responsibility for violation of policy. Affected students immune from
disciplinary action will be required to complete a course of evaluation
counseling and, where indicated, treatment. Failure to complete the prescribed
course can result in disciplinary action.
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SANCTIONS
University Sanctions.
Vanderbilt University will impose disciplinary sanctions on students,
ranging from a warning or reprimand, to disciplinary probation, suspension,
or expulsion and referral for state or federal prosecution, for violation
of its alcohol and controlled substances policy. As is the case with violations
of other University policies, sanctions imposed will be appropriate to
the severity and circumstances of the violation. The students previous
record and attitude, and the seriousness of the offense will be taken
into account in the determination of sanction.
The minimum sanction for simple unlawful purchase, possessession, or consumption
of alcohol is a reprimand for the first offense. The completion of an
appropriate education or rehabilitation program may be required.. For
simple unlawful possession or consumption in a substance-free residential
area, the reprimand may be enhanced with sanctions that might include
attendance or implementation of educational programs, or service projects.
(See below.) In addition, disciplinary action will be taken for misconduct
that results from the use of alcoholic beverages or other drugs. Students
will also be held responsible for any damages that result from their misconduct.
These sanctions will be imposed consistent with disciplinary standards
and procedures found in Chapter 6: The
Judicial System.
The minimum penalty for first-offense intoxication is disciplinary probation.
Standard indicators for drinking and/or intoxication include lack of balance,
loss of coordination, confusion, slurred speech, bloodshot eyes, odor
of intoxicant, admissions to drinking, etc.
The minumum penalty for driving
under the influence of alcohol or other drugs is probation and loss of
campus driving and parking priveleges.
Because of the seriousness of unlawful provision, distribution, or sale
of alcohol or other drugs by a student (or group or organization) violation
of this policy will result in serious disciplinary action, which may include
suspension or expulsion for the first offense, and may also result in
criminal prosecution. The minimum penalty for a student who illegally
distributes alcohol to an underage student will be probation for the first
offense, and suspension for the second offense. In addition, the possession
of illicit drugs, or alcohol, in such quantities as to create a presumption
of possession with the intent to distribute on or off the campus, is a
serious violation that may result in immediate suspension or expulsion.
Student organizations which provide alcohol to those not of legal age,
whether through direct purchase or other group activities, may be placed
on probation for one calendar year for the first offense, with no parties
with alcohol permitted for a period of six months.
Persons who unlawfully furnish alcoholic beverages to students who are
not of legal drinking age may also be liable for personal injuries or
property damages resulting from misconduct committed by underage, intoxicated
students. Student organizations and the officers of such organizations
may also have such liabilities.
Sanction Enhancements
The purpose of any sanction for a violation of University policy is to
get a students attention, to effect reflection on the part of the
student, and, it is hoped, to effect compliance with the policy. Because
violations of alcohol and drug policies can be a threat to students
health, welfare, and even life, enhancements may be added to any official
sanction as additional means of helping students understand the potential
consequences of policy violations.
Such enhancements may include the following:
1. Evaluation by an alcohol and drug counselor at Student Health,
and treatment or enrollment in a counseling program when indicated by
the results of the evaluation.
2. Attendance at alcohol or drug education seminars.
Implementation of an alcohol or drug educational program for peers.
3. Service work details linked to behavior associated with use
of alcohol. (Such details might include picking up litter from campus
lawns, cleaning lobbies, restrooms, and stairwells, of residence halls,
etc.)
State of Tennessee
Sanctions.
[This document contains a summary of state and federal sanctions for the
unlawful use of illicit drugs and alcohol. Portions of the summary were
provided by the federal government, and while the summary is a good faith
effort to provide information, Vanderbilt does not guarantee its accuarcy.]
Under state law, it is unlawful for any person under the age of twenty-one
(21) to buy, possess, transport (unless in the course of their employment),
or consume alcoholic beverages, including wine or beer. It is also unlawful
for any adult to buy alcoholic beverages for or furnish them for any purpose
to anyone under twenty-one years of age. These offenses are classified
Class A Misdemeanors punishable by imprisonment for not more than eleven
months and twenty-nine days, or a fine of not more than $2,500, or both.
(T.C.A. § 1-3-113, 39-15-404, 57-5-301.) The offense of public intoxication
is a Class C Misdemeanor punishable by imprisonment of not more than thirty
days or a fine of not more than $50, or both. (T.C.A. § 39-17-310.) Under
Tennessee law, the offense of possession or casual exchange of a controlled
substance (such as marijuana) is punishable as a Class A Misdemeanor (eleven
months twenty-nine days and/or a fine of $2,500). For the third and subsequent
offense of possession of 1/2 oz. or less of marijuana, punishment is one
to six years of imprisonment and a $3,000 fine. If there is an exchange
from a person over twenty-one years of age to a person under twenty-one,
and the older person is at least two years older than the younger, and
the older person knows that the younger is under twenty-one years of age,
then the offense is classified as a felony. (T.C.A. § 39-17-417,
21 U.S.C. § 801, et seq.; T.C.A. § 39-17-417.) Possession of more than
1/2 oz. of marijuana under circumstances where intent to resell may be
implicit is punishable by one to six years of imprisonment and a $5,000
fine for the first offense.
State penalties for possession of substantial quantities of a controlled
substance or for manufacturing or distribution range up to a maximum of
fifteen to sixty years of imprisonment and a $500,000 fine. (Title 39,
T.C.A., Chapter 17.) For example, possession of more than twenty-six grams
of cocaine is punishable by eight to thirty years of imprisonment and
a $200,000 fine for the first offense.
The state may, under certain circumstances, impound a vehicle used
to transport or conceal controlled substances.
United States Penalties and Sanctions for Illegal Possession of
a Controlled Substance
21 U.S.C. 844(a)
First conviction: Up to one year imprisonment and fine of at least
$1,000 but not more than $100,000, or both.
After one prior drug conviction: At least fifteen days in prison,
not to exceed two years, and fine of at least $2,500 but not more than
$250,000, or both.
After two or more prior drug convictions: At least ninety days in
prison, not to exceed three years, and fine of at least $5,000 but not
more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine:
Mandatory at least five years in prison, not to exceed twenty years,
and fine of up to $250,000, or both, if:
(a) first conviction and the amount of crack possessed exceeds
five grams.
(b) second crack conviction and the amount of crack possessed
exceeds three grams.
(c) third or subsequent crack conviction and the amount of
crack possessed exceeds one gram.
21 U.S.C. 853(a)(2) and 881(a)(7)
Forfeiture of personal and real property used to possess or to
facilitate possession of a controlled substance if that offense is punishable
by more than one year imprisonment. (See special sentencing provisions
re: crack.)
21 U.S.C. 881(a)(4)
Forfeiture of vehicles, boats, aircraft, or any other conveyance
used to transport or conceal a controlled substance. [An automobile may
be impounded in cases involving any controlled substance in any amount.]
21 U.S.C. 844(a)
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853(a)
Denial of federal benefits, such as student loans, grants, contracts,
and professional and commercial licenses, up to one year for first offense,
up to five years for second and subsequent offenses.
18 U.S.C. 922(g)
Ineligibility to receive or purchase a firearm.
Miscellaneous Updated
January 8, 2002
Revocation of certain federal licenses and benefits, e.g., pilot licenses,
public housing tenancy, are vested within the authorities of individual
federal agencies. Violations of federal trafficking laws that involve
either (1) distribution or possession of controlled substances at or near
a school or university campus, or (2) distribution of controlled substances
to persons under twenty-one (21) years of age, incur doubled penalties
under federal law. (See chart: Federal
Trafficking Penalties.)
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RESOURCES
As an educational institution,
the University is primarily concerned with helping the individual student
achieve academic goals. When health problems do arise, the University
may assist and guide a student whose mental or physical health is threatened.
Because of the health hazards, students who choose to use alcohol should
do so in moderation. Should students or their friends have a problem with
alcohol or other drugs, there are several places on campus where one can
receive assistance:
1. The Resident Adviser (RA), Head Resident, or Assistant Director
is available to listen to students with such problems and make a referral
if necessary.
2. The Office of Alcohol and Other Drug Education is located
in the Student Health Center.
3. There are professional counselors at the Psychological and
Counseling Center and at Student Health Center.
4. Students may wish to talk to someone at the office of Campus
Ministries.
5. The Outpatient Detox Clinic’s phone number is 343-4752.
6. The Vanderbilt Institute for Treatment of Addiction (VITA)
offers both in- and outpatient treatment.
These campus and community resources are available and ready to assist.
Calls will be handled in a confidential manner.
Your Resident Adviser
Your Assistant Director
Your Dean
Your own physician/psychiatrist
Office of Alcohol and Other Drug Education 343-4740
Student Health Center 322-2427
Psychological and Counseling Center 322-2571
Campus Ministries 322-2457
Office of Housing and Residential Education 322-2591
International Student and Scholar Services 322-2753
Emergency Room (VUH) 322-3391
Crisis Call Center 244-7444
VITA (Vanderbilt Institute for Treatment of Addiction) 322-6158
AA Campus Chapter: call Student Health Center Assistant Director Elena
Hearn 322-3414 (or call Friendship House, 202-23rd Avenue North, telephone
327-3909, for meeting times)
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HEALTH RISKS
The following is a summary of known health risks associated with the
use of illicit drugs and the abuse of alcohol. Part of the summary was
provided by the federal government, and Vanderbilt does not guarantee
that it is an error-free or exhaustive accounting.
Effects of alcohol abuse
Acute: 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. Accidents are the leading
cause of death among individuals aged fifteen to twenty-four years. Most
are related to drinking and driving. Poor decisions and aggressive acts
such as sexual assault are almost always associated with alcohol use.
Low to moderate doses of alcohol also 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. If combined with
other depressants of the central nervous system, much lower doses of alcohol
will produce the effects just described.
Chronic: 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. Some studies suggest that brain cells are actually permanently
lost (killed) by high levels of alcohol.
Women who drink alcohol during pregnancy may give birth to infants
with fetal alcohol syndrome. These infants have irreversible physical
abnormalities and mental retardation. In addition, research indicates
that children of alcoholic parents are at greater risk than other youngsters
of becoming alcoholics.
Effects of other drugs
Marijuana: Marijuana and related compounds are
usually used for their "relaxation" effects or to produce an
altered sense of reality—a "high." Marijuana is usually smoked,
and like tobacco, it is very toxic to the lungs. Disorders of memory (loss)
and of mood often occur in chronic users.
Cocaine (stimulant). Cocaine, crack, and related forms are
usually used for stimulation and to produce a sense of euphoria. All forms
of cocaine are highly addictive, producing a habit that is extremely difficult
to stop. In some individuals, cocaine may produce fatal cardiac rhythm
disturbances.
Amphetamines (stimulants): Amphetamines, and their new
derivatives "crystal," "ice," and Ecstasy, are used
for stimulation. These compounds are very addictive and may produce psychotic
and violent behaviors.
LSD & PCP (hallucinogens): These chemicals are used
to produce "altered states" to escape reality. They are very
dangerous and can cause psychosis.
Valium, Barbiturates, etc. (depressants): These and
other prescription drugs of this type are usually used for their sedative
or hypnotic effects. Some of these drugs are highly addictive, and others
can cause seizures (convulsions) in individuals who take them over long
periods of time. These drugs can be fatal if mixed with alcohol or other
depressants.
Heroin, Codeine, etc. (narcotics): These are some of
the most addictive substances known. They produce a high or euphoria.
Withdrawal can produce convulsions or even coma. Overdose is common and
can result in death. Needle-drug users are in a high-risk group for infection
with human immunodeficiency virus, thought to be the cause of AIDS.
Other. Many medications and drugs have the potential
for abuse. If you have concerns or questions, ask for professional advice.
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WARNING SIGNS OF POSSIBLE SUBSTANCE
ABUSE
• Withdrawal from social situations
• Increased boredom or drowsiness
• Change in personal appearance (increasingly unkempt or sloppy)
• Change in friends
• Easily discouraged; defeatist attitude
• Low frustration tolerance (outbursts)
• Violent behavior and vandalism
• Terse replies to questions or conversation
• Sad or forlorn expression
• Lying
• Poor classroom attendance
• Dropping grades or poor work
• Apathy or loss of interest
When such signs appear in friends,
DO
• Express your concern and caring
• Be ready to listen
• Communicate your desire to help
• Make concrete suggestions as to where the student can find help
or how he or she might cope with a given problem
• Try to get the student to seek professional help
• Ask for assistance from campus resources
• Be persistent
DON’T
• Take the situation lightly or as a joke
• Be offended if the student tries to "put you off"
• Take "I don’t have a problem" as an answer
• Try to handle the student alone—ask for assistance
• Lecture about right and wrong
• Promote guilt feelings about grades or anything else
• Gossip: speak of it only to those who can help
Because this publication is available to postbaccalaureate students
as well as undergraduates, the following may be helpful for those who
are at least twenty-one years of age and who choose to drink alcoholic
beverages:
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Copyright © 2000 Vanderbilt University. Last modified
24 August 2001. For more information, please email f.clark.williams@vanderbilt.edu.
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