DRUG-FREE SCHOOLS AND COMMUNITIES ACT: STUDENT INFORMATION

The Drug-Free Schools and Communities Act Amendment of 1989 (U.S. Public Law 101-226) and the Drug-Free Workplace Act require annual distribution of certain information to all students and employees. This information is specific to students and includes (not in particular order):

• Standards prohibiting unlawful possession, use, or distribution of illicit drugs and alcohol
• Laws pertaining to the unlawful possession, use, or distribution of illicit drugs and alcohol
• Health risks associated with the use of illicit drugs and abuse of alcohol
• Drug and alcohol treatment and rehabilitation programs
• University Sanctions

Alcohol Policy

In addition to the policy information below, see the Bloomsburg University Dean of Students office and Student Code of Conduct.

Rationale

Bloomsburg University seeks to encourage and sustain an academic environment that both respects individual choice and promotes the health, safety, and welfare of all members of the university community. Accordingly, the university offers these statements for guidance and the policies, which follow as regulation of alcoholic beverages, consistent with the statutes and laws of the Commonwealth of Pennsylvania.

In support of its mission, the university sponsors educational programs on the physical, psychological, social, and behavioral effects of alcohol consumption. It provides substance-free activities to promote social interaction, and it provides services and resources for community members who experience difficulty in dealing with personal or family alcohol-related issues. Bloomsburg University’s alcohol policy and programs are intended to encourage community members to make responsible decisions about the use of alcoholic beverages and to promote a safe, lawful, and healthy environment for social interaction.

While acknowledging that alcohol may play a role in some social settings, the university expects all members of the community to recognize the potential for (alcohol-related) problems whenever it is consumed. Such problems are absolutely detrimental to the mission of the university. Alcohol consumption will not be considered an excuse for misconduct, but rather as an aggravating factor to the misconduct in question.

The university expects that members of the campus community who choose to consume or serve alcoholic beverages will abide by state law, and will do so in a low-risk manner and as a result of making an informed decision. This decision should be based upon consideration of the consequences to self, to others, and to the community at large and with full awareness and understanding of individual and group accountability, behavioral consequences, relevant policies, regulations, and laws.

Since Bloomsburg University students live among the permanent residents of the Columbia county, the university also expects alcohol-related behavior to be in accordance with local community standards. Such standards are not tolerant of gatherings which are either disorderly or in violation of Pennsylvania alcohol laws, as may occur in concentrated residential environments characterized by student housing. The university reserves the right to initiate disciplinary proceedings when students violate alcohol laws either on or off campus.

The preceding statements exist for the guidance of all university community members. The regulations, which follow, are intended to govern the use of alcoholic beverages on property owned, operated, or supervised by the university or Student Cooperative Association.

Bloomsburg University Alcohol Policy

Rationale for Policy

It is the policy of Bloomsburg University that no alcoholic beverages are permitted on campus, in any university-owned buildings, or on university property, except in the private residences of those university officials and employees required to live on university property, and in the instance of university-sponsored events for which special permission is received or university-approved tailgating within the guidelines of this policy.

This alcoholic beverage policy will operate within the framework and in support of Commonwealth law regarding the use, sale, exchange, consumption or possession of alcoholic beverages. Those in violation of this policy will be dealt with in accordance with the University judicial policy and when applicable will be prosecuted in accordance with Commonwealth law.

For the purpose of this policy, students shall be defined as those who have matriculated at the University and have not yet graduated or officially withdrawn.

Keywords

Alcohol, alcoholic beverage, special events involving alcohol, tailgating

Background Information

The purpose of this policy is to outline the institution’s position on alcohol use (and misuse), and also refers to information pertinent to students in the Student Code of Conduct.

Policy

A. It shall be the concurrent responsibility of members of the Bloomsburg University faculty, staff, and students to make themselves aware of the provisions of Commonwealth law and university policy related to alcoholic use and abuse.

B. University faculty, staff, and students who bring guests to campus (e.g., camps, conferences, seminars, workshops, meetings, etc.) are responsible for informing those individuals of the university alcoholic beverage policies.

C. Individual students and/or student organizations who host events on or off campus are responsible for the action and safety of their guests and must be aware of the liabilities assumed in providing and serving alcoholic beverages to others.

D. Non-students who violate the university's alcoholic beverage policy and whose actions are not in compliance with the orderly operation of the university will be prosecuted in accordance with the Commonwealth of Pennsylvania legal statutes. They will be required to leave campus and may not return for at least 24 hours. Non-students involved in on-campus violation of the alcoholic beverage policy are the responsibility of their host/hostess.

E. University employees who violate this policy in the course of their duties will be subject to disciplinary proceedings as defined by the appropriate collective bargaining agreement or by the appropriate supervisor.

F. University funds may not be used for the purchase of alcoholic beverages.

G. Advertising of off-campus events where alcoholic beverages will be served as an incentive for attendance is not permitted.

H. For off-campus events where alcoholic beverages are being served, the management of the facility chosen for the function has the legal responsibility for procuring identifications of those purchasing alcoholic beverages, and that such responsibility rests solely with the management of the facility.

I. When the Dean of Students Office is notified by an official from another university/college or any police department of alcohol related misconduct, the individual or group of students will be subject to university disciplinary proceedings.

J. Students or student organizations found guilty of violating the university alcoholic beverage policy will be sanctioned in relation to the severity of the incident and in accordance with the due process guidelines contained in PRP 4802, the Student Code of Conduct.

K. Disclosure of information to a parent or legal guardian of a student regarding the use and possession of alcohol will be released only in accordance with federal and state law, and only after that student has been found in violation of this policy.

L. Alcoholic beverages may be served at university-sponsored events on campus, in special circumstances, where written permission has been obtained from the University President or his/her designee. University-approved tailgating in designated locations does not require special permission. Requests to serve alcoholic beverages on university property must be made in writing using the Special Event form to the Office of the President no less than 10 working days prior to the event. The sponsor/requestor must be present at the event and assume responsibility for adherence for the event and to the following criteria:

• Bloomsburg University upholds all applicable federal, state and local laws and ordinances pertaining to the consumption, sale, possession and transportation of alcohol, including the specific prohibition to the serving, distribution and/or sale of alcoholic beverages to individuals under the age of 21.
• The sale of alcoholic beverages without a license from the Pennsylvania Liquor Control Board is prohibited.
• With the exception of university-approved tailgating in designated locations, university-sponsored events at which alcohol is served must be held between 4 p.m. and midnight, Monday through Friday and between noon and midnight Saturday or Sunday or when classes are not in session.
• Any tailgating activities, with or without alcohol, must be conducted in compliance with the university’s tailgating policy (PRP 4815).
• Alcohol may not be possessed or served in buildings where classes are in session.
• With the exception of university-approved tailgating in designated locations, alcoholic beverages must be served by the university’s food service provider or other university approved vendor, as opposed to self-service to help provide a level of safety for event attendees. The university and/or its food service vendor reserve the right to request identification from individuals who appear to be under age and to refuse service to anyone. Any tailgate participants who consume alcohol (self-service) assure all applicable laws and policies are followed. Kegs and other large volume containers are not allowed at any on-campus function.
• Non-alcoholic beverages and food must be available at any event where alcohol is served. With the exception of university-approved tailgating, food and beverages must be supplied by the university’s food service provider or other university-approved provider.
• With the exception of tailgating, serving of alcoholic beverages will end at least one-half hour before the end of the event. For tailgating, consumption of alcohol must cease one hour following the conclusion of the game, yet tailgating can continue for two hours following the conclusion of the game.
• Funds from state appropriations or from tuition and fees cannot be used to purchase alcoholic beverages.
• Events must be open only to the BU community and invited guests and not open to the general public.

Additional Criteria for Events Scheduled through Conference Services

In addition to abiding by the above criteria, non-university groups:

• Must go through BU Conference Services for booking with Facilities Use Agreement.
• Must use the Bloomsburg University campus dining provider for food catering and bartending service(s).
• Must purchase their own alcohol and deliver to campus dining provider.
• May only use approved facilities during summer or during times that students are not in classes or on campus due to university schedule, e.g. holiday breaks or upon special permission by the president. The Fenstemaker Alumni House will be permitted to be used during the school year.

Bloomsburg University: Student Code Of Conduct

Alcohol – A violation of the University Alcoholic Beverage Policy (PRP 4810) constitutes a violation of the Student Code of Conduct. Violations include but are not limited to:

• Possession/transportation/consumption of alcohol on University property (excluding the use of ethanol/alcohol as a scientific reagent, solvent, or antimicrobial under the supervision of faculty or staff in an educational environment).
• Underage students in possession of/transporting/ consuming or who consumed alcohol.
• Public intoxication.
• Driving under the influence.
• Possession of a fake ID, providing false identification, and/or misrepresentation of identification.
• Furnishing alcohol to minors and/or actively planning or organizing a party or event where alcohol is being served illegally or furnished to minors. Actively planning or organizing a party or event includes, but is not limited to, providing cups, collecting money, or transporting either alcohol or attendees to or from the event.
• Illegally selling alcohol.
• Hosting a social gathering, whether intentional or unintentional, where an alcohol policy violation occurs.
• Other alcohol-related misconduct.

Criminal Penalties

The following represents a summary of relevant articles from the Pennsylvania Crimes Code and Indiana Borough ordinances. Statutes for alcohol violation come from the Pennsylvania Crimes Code Title 18, Pennsylvania Liquor Code Title 47 and Indiana Borough ordinances.

• A person, under the age of 21, commits a summary offense if he/she attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. Maximum fine $300 plus court costs and mandatory loss of your driver’s license for 90 days for a first offense, one year for a second offense and two years subsequent offenses. The police department making an arrest for 6308 is obligated to notify the parents or guardians of the minor charged (Pa C.S.A. 6308).
• A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he/she is under the age of 21 and knowingly and falsely represents him/herself to be 21 years of age or older, for the purpose of obtaining any liquor or malt or brewed beverages. Maximum fine is $500 plus court costs and loss of driver’s license (Pa C.S.A. 6307).
• A person is guilty of a misdemeanor of the third degree if he/she knowingly, willfully, and falsely represents to any licensed dealer, or other person, that a minor is of legal age for the purpose of inducing a person to sell or furnish any liquor, malt or brewed beverages. The minimum penalty is a fine of not less than $300 (Pa C.S.A. 6309).
• A person commits a misdemeanor of the third degree if he/she intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years or age. Minimum penalty for violating this subsection is a fine not less than $1000 for the first violation and a fine of $2500 for each subsequent violation plus court costs (Pa C.S.A. 6310.1A).
• A person commits a misdemeanor of the second degree if he/she intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another. Minimum penalty is a fine of not less than $1000 for the first violation and a fine of not less than $2500 for each subsequent violation (Pa C.S.A. 6310.2).
• A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he/she is under 21 years of age and possesses an identification card that falsely identifies the person as being 21. It is also a violation to use the identification card of another individual. Minimum penalty is a fine not more than $500 plus court costs (Pa C.S.A. 6310.3).
• It is unlawful for any person who is an operator or any occupant in a motor vehicle to be in possession of an open alcoholic beverage container or to consume any alcoholic beverages or controlled substances. This is a summary offense with a maximum penalty of $300 (Pa C.S.A. 7513).
• A person is guilty of a summary offense if he/she appears in any public place under the influence of alcohol or a controlled substance. Penalty is a maximum fine of $300 plus court costs (Pa C.S.A. 5505).
• A minor (under 21 years of age) shall not drive, operate or be in physical control of a motor vehicle while having alcohol in his/her system. This is a summary offense with a fine of $100 (Pa C.S.A. 3718).
• A person shall not drive, operate or be in physical control of the movement of a vehicle while under the influence of alcohol or a controlled substance to a degree that renders the person incapable of safe driving. For an individual who is 21 years of age or older, the Blood Alcohol Content is .08, for a minor under 21, the Blood Alcohol Content is .02. It is a misdemeanor of the second degree for a first offense.

Pennsylvania Liquor Code Title 47

Sales of alcoholic beverages without a Liquor Control Board license or the purchase of such beverages from an unlicensed source of liquor or malt or brewed beverages are prohibited. Maximum penalty is $300 fine, 90 days in jail plus $200 per ounce of alcohol sold. (Approximately $4000 for each keg used illegally).

Bloomsburg Open Container ordinance # 6-5, 6-502

It is unlawful to possess an open container of all alcoholic beverage while in or upon public streets, alleys, parks or other public grounds. The fine is a mínimum fine of $50 which can range up to $600.

Alcohol Liability In Pennsylvania

In December 1986, the United States Court of Appeals for the Third Circuit, in a case titled Fasset vs. Delta Kappa Epsilon (New York), the Villanova chapter of Delta Kappa Epsilon, et. al., reviewed the law of Pennsylvania concerning the liability of a social host who serves alcohol. The court held that particular defendants could be held liable if they had an intention to promote or facilitate the consumption of alcohol by a minor or attempted to aid in the consumption of alcohol by minors. Consequently, the court held that the president of the fraternity that sponsored the party (because he helped organize the party), the treasurer of the fraternity who signed a check for the purchase of the alcohol, and three other individuals who allowed their apartment to be used for the party where minors were served intoxicating beverages could all be held liable for injuries to the intoxicated minor and any third parties injured by the minor.

Thus, individuals in Pennsylvania who furnish alcoholic beverages to minors not only commit a violation of law, but they also render themselves potentially liable for any injuries the minor might sustain and for any injuries that third parties might sustain due to an act of an intoxicated minor. Individuals potentially liable for such damages include not only those who physically furnish the alcohol to the minor, but any persons who aid and assist in the furnishing of the alcohol through its purchase or through organizing, hosting, or supporting the event at which the alcohol is made available.

Bloomsburg University Drug Policy

It is a violation of State and Federal law for any individual to illegally possess, use, sell, manufacture or transfer controlled substances or similar drugs or to illegally dispense or transfer prescribed medications, drugs, or drug paraphernalia*. Exceptions may be made when used for research or for specific educational purposes as permitted by State and Federal law.

The following items represent the University's drug policy:

It shall be the responsibility of Bloomsburg University faculty, staff, and students to make themselves aware of State and Federal laws and Bloomsburg University's drug policy.

In accordance with Federal mandates, the University will communicate its position on, and the legal ramifications of, drug use and abuse to all students and employees.

Students who violate this policy are subject to disciplinary action in accordance with the provisions in the Student Code of Conduct and independent of any external legal action. Sanctions may include suspension or expulsion from the University. Additionally, students whose actions in relationship to possessing or providing controlled substances/drugs are deemed at risk to the Bloomsburg University community are subject to interim suspension pending a judicial hearing in accordance with the provisions in the Student Code of Conduct. The administration of any drug to an unknowing individual shall incur a suspension of no less than one academic semester and may include a longer suspension or expulsion.

University employees who violate this policy (in the course of their duties) will be subject to disciplinary proceedings as defined by the appropriate collective bargaining agreement or by the appropriate supervisor.

Individuals who are not members of the campus community who violate the University's drug policy and whose actions are not in compliance with the orderly operation of the University will be prosecuted in accordance with State and Federal law and will be required to leave campus upon request of a University official.

When the University and Student Affairs Office is notified by an official from another university/college or any police department of drug related misconduct, the student or group of students may be subject to Bloomsburg University's disciplinary proceedings.

Bloomsburg University: Student Code of Conduct

Controlled Substances/Drugs – A violation of the University Drug Policy (PRP 4805). Violations include but are not limited to:

• The use and/or possession of controlled substances/drugs.
• The sale of controlled substances/drugs.
• The manufacturing of controlled substances/drugs.
• The distribution and/or transfer of controlled substances/drugs.
• The distribution and/or transfer of prescribed medications/drugs.
• The use and/or possession of drug paraphernalia.
• The use of legal substances in a manner other than the intended purpose, in ways that alter one’s mental or physical state.

Definitions:

Drug Paraphernalia: Any equipment, product, or material of any kind (containing evidence of any illegal drug and/or controlled substance) that is primarily intended or designed for use in planning, growing, harvesting, manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance. Examples include, but are not limited to, items such as bongs, roach clips, miniature spoons, syringes, and various types of pipes. Possession, use, and/or distribution of controlled substances and/or paraphernalia containing evidence of such substance, except as expressly permitted by law.

Illegal Possession/Personal Use of Drugs and/or Controlled Substances: The illegal use or possession of any drugs and/or controlled substance, except as expressly permitted by law. Examples include (but are not limited to) cocaine, heroin, morphine, marijuana, ecstasy, gammy hydroxyl butyrate (GHB), amphetamines, solvents, oxycontin, methamphetamines, anabolic steroids, and LSD.

Distribution/Manufacture/Sales of Drugs: Delivery and/or possession with the intent to manufacture, sell, or distribute any drug and/or controlled substances, except as expressly permitted by law. Misuse of over-the-counter medications and/or prescriptions, endangering self or others.

Legal Consequences For Alcohol- and Marijuana-Related Crimes

Legal Consequences In Pennsylvania For Alcohol-Related Crimes (Apply In Addition To Any Federal Laws)

Federal Trafficking Penalties: Marijuana

Health And Alcohol Use

Too much alcohol, too fast, can kill you. It is always okay not to drink. If you do choose to drink, make healthy choices. Following 0-1-3 can reduce impairment, health, and legal problems:

• Zero alcohol intake if you are under 21 years old, sick, using medications or other drugs, pregnant, chemically dependent, driving, or have a strong family history of alcoholism
• 1 – one drink per hour: Your body can only metabolize one average drink per hour.
• 3 – no more than three drinks on any day, and never three drinks daily.

A human brain continues major development through age twenty-five. Drinking during this critical developmental period—especially drinking to the point of getting drunk—may impair brain function for the rest of the person’s life. Memory, motor skills, and coordination can be affected. Young people are particularly likely to binge drink and to suffer repeated bouts of withdrawal from alcohol. This repeated withdrawal may be a key reason for alcohol’s harmful effects on the brain.

Health And Other Drug Use

All drugs—even over-the-counter and legal prescriptions—have possible side effects that can cause impairments for some people. However, these drugs are regulated, and risks are written on the packaging. With illegal drugs, there are no guidelines, and you can never be sure of their strength or purity. Here are some things to consider:

• Most, if not all, illegal drugs are mixed with impurities. You may not always get what you think you’re getting!
• Cocaine is highly addictive. It is easy to get addicted both psychologically and physically.
• THC, the active ingredient in marijuana, remains in your body for one month following use.
• Marijuana smoke produces all of the harmful effects of tobacco smoke and contains 50 percent more of the cancer-causing chemicals.
• Alcohol and illicit drugs are major factors in a large proportion of unplanned pregnancies, sexually transmitted diseases, date rapes, accidental injuries, and deaths.
• Long-term drug use and addiction can cause lasting social effects as well as permanent physical damage. Every organ system can suffer, especially the heart, liver, and brain.

Resources

Students of the university community who experience drug and or alcohol-related problems, or who are concerned about another who may be having such difficulties, are encouraged to seek assistance from any of the following agencies:

On Campus:

DAWN Alcohol and Other Drug Education and Prevention Services 5703894980 http://intranet.bloomu.edu/dawn

Center for Counseling and Human Development 5703894255

http://intranet.bloomu.edu/counseling

Off Campus:

Outpatient:

CMSU - Columbia Montour Snyder Union
Counties of Central Pennsylvania Service System (CMSU) provides students who do not have insurance with Mental Health and Alcohol and other Drug services

Phone: (570) 275-5422

https://www.cmsu.org/contactus.htm

Genesis House Bloomsburg - 320 East 2nd Street, Bloomsburg, PA

Phone: (570) 784-4073 or (866)-720-3784.

info@genesishouseoutpatient.com

Inpatient:

Clearbrook Treatment Centers St, Laurel Run, near Wilkes-Barre, PA

Phone: (877)792-0902 clearbrookinc.com

White Deer Run Treatment Network- various locations around the state.

Phone: 866 769 6822; 570 447 0252 https://www.whitedeerrun.com/

State System Of Higher Education Drug-Free Workplace Policy Statement

As required by the federal Drug-Free Workplace Act of 1988, the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the commonwealth’s employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy, or other personnel policies adopted by the Board of Governors.