drug free schools and campuses act

The Drug Free Schools and Campuses Act requires UNO to provide enrolled students with various pieces of information regarding the unlawful use of drugs or alcohol on University property or at any University-sponsored event. The following information describes legal sanctions, health risks, available assistance and treatment avenues, as well as University imposed disciplinary standards.

Should you have any questions about this policy, please contact the Office of the Assistant Vice Chancellor, Student Affairs or UNO Health Services.

(A)
STANDARDS OF CONDUCT FOR EMPLOYEES AND STUDENTS REGARDING ALCOHOL AND DRUGS

The illegal possession, use or distribution of drugs or alcohol by students and employees is a violation of University rules as well as State and Federal laws. The Board of Regents of the University of Nebraska has directed officers of the University to cooperate with State and Federal agencies in the prevention of drug abuse. See Board of Regents of the University of Nebraska, Minutes, Vol. 29, pp. 90-91 (September 12, 1967). In satisfaction of this mandate and in order to fulfill its obligations under the Drug Free Workplace Act of 1988, 41 U.S.C. § 701 and 20 U.S.C. § lOlli, the University has formulated standards of conduct for both its employees and its students which prohibit the following acts:

1. use, possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia on University premises or while on University business or at University activities, or in University supplied vehicles either during or after working hours;
2. unauthorized use or possession or manufacture, distribution, or sale of a controlled substance as defined by the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., or Nebraska Drug Control Laws, Neb. Rev. Stat. §§ 28-401 et seq., on University premises, or while engaged on University business or attending University activities, in University supplied vehicles, either during or after working hours;
3. unauthorized use, manufacture, distribution, possession or sale of alcohol on University premises or while on University business or at University activities, in University supplied vehicles, either during or after working hours;
4. storing in a locker, desk, vehicle, or other place on University owned or occupied premises, any unauthorized controlled substances, drug paraphernalia or alcohol;
5. use of alcohol off University premises that adversely affects an employee's or student's work or academic performance, or an employee's or student's safety or the safety of others;
6. possession, use, manufacture, distribution or sale of illegal drugs off University premises that adversely affects the employee's work performance or the student's academic performance, or an employee's or student's safety or the safety of others;
7. violation of State or Federal laws relating to the unauthorized use, possession, manufacture, distribution or sale of alcohol, controlled substances or drug paraphernalia;
8. in the case of employees-failure to notify an employee's supervisor of an employee's arrest or conviction under any criminal drug statute as a result of a violation of law which occurs at the University of Nebraska workplace.

[The Standards of Conduct were approved by the Regents in 1990. See Board of Regents of the University of Nebraska, Minutes, Vol. 55, p. 205 (October 12, 1990).]

(B)
DESCRIPTION OF APPLICABLE LEGAL SANCTIONS UNDER FEDERAL, STATE OR LOCAL LAW FOR UNLAWFUL POSSESSION OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL

The information on the following pages summarizes selected provisions of federal, state and local laws that provide criminal and civil penalties for unlawful possession or distribution of drugs and alcohol.

FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF CONTROLLED SUBSTANCES

21 U.S.c.§ 844(a)
1st Conviction: Up to 1 year imprisonment and fine of at least $1,000 or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fine of at least $2,500. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fine of at least $5,000.

Special sentencing provisions for possession of crack cocaine: Mandatory minimum 5 years in prison, maximum 20 years and a minimum fine of $1,000, if:

1. 1st conviction and the amount of crack possessed exceeds 5 grams.
2. 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
3. 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.c. §§ 853(a) and 881 (a)
Forfeiture of tangible and intangible personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or in any manner to facilitate the sale, receipt, possession, or concealment of controlled substances.

21 U.S.c. § 844a
Civil fine of up to $10,000 for each violation.

21 US.c. § 862
Denial of Federal benefits, such as food stamps, student loans, grants, contracts and professional and commercial licenses for up to one year for 1st conviction; five years for 2nd or subsequent conviction; convicted drug traffickers subject to even longer periods of ineligibility.

18 Us.c. § 922(g)
Ineligible to receive or possess a firearm.

Miscellaneous
Authority to revoke certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., is vested with the officials of individual Federal agencies.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Chart 1 summarizes trafficking penalties under federal law for various types of drugs. This information is published by the United States Drug Enforcement Administration and is available online at http://www.usdoj.gov/dea/agency/penalties.htm (last visited March 19,2009).

STATE PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF CONTROLLED SUBSTANCES

The framework for the regulation of most drugs, also called controlled substances, is set out in the Uniform Controlled Substances Act. In addition, there are other Nebraska state laws that establish penalties for various drug related offenses that are summarized below. Charts 2 and 3 summarize the sanctions under Nebraska law for possession or distribution of various drugs.

CRIMES INVOLVING MINORS:

Any person 18 years of age or older who manufactures, distributes, delivers or dispenses controlled substances to a person (i) under the age of 18 years, (ii) within 1000 feet of a school, college, university, or playground or (iii) within 100 feet of a youth center, public swimming pool, or video arcade shall be punished more severely. The law also provides for an enhanced penalty for anyone 18 years of age or older to knowingly employ, use, cause, persuade, or coerce any person under the age of 18 years to manufacture, transport, distribute, carry, deliver, dispense, or possess with intent to do the same of a controlled substance or a counterfeit controlled substance. See Neb. Rev. Stat. § 28-416(4) and (5) (Reissue 2008).

TAX PROVISIONS:

Anyone who possesses or sells the following amounts of controlled substances or imitation controlled substances must pay the appropriate taxes to the Nebraska Department of Revenue and have the stamps attached to the controlled substances:

Illegal marijuana is taxed at $100 for each ounce or portion of an ounce.

Any controlled substance that is sold by weight or volume (i.e., cocaine, crack, methamphetamine, etc.) is taxed at $150 for each gram or portion of a gram.

Any controlled substance that is not sold by weight (i.e., LSD, Quaaludes, methamphetamine in tablets, PCP, etc.) is taxed at $500 for each 50 dosage units or portion thereof.

Failure to have the proper tax stamps attached to the controlled substance carries a criminal penalty of up to five years imprisonment or a $10,000 fine or both. A penalty equal to 100% of the unpaid tax will also be assessed and both the tax and the penalty may become a lien upon the property owned by the person against whom the tax is assessed. Neb. Rev. Stat. §§ 77-4301 to 77-4316 (Reissue 2003).

PROPERTY FORFEITURE:

Property used to manufacture, sell, or deliver controlled substances can be seized and forfeited to the state. Property subject to forfeiture may include cash, cars, boats, and airplanes, drug paraphernalia, books, records, and research, including formulas, microfilm, tapes, and data. Neb. Rev. Stat. § 28431 (Reissue 2008).

BEING UNDER THE INFLUENCE OF ANY CONTROLLED SUBSTANCE FOR UNAUTHORIZED PURPOSE:

It is a violation of Nebraska law to be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a practitioner. In a prosecution, the state need not prove that the accused was under the influence of a specific controlled substance, only that the accused manifested symptoms or reactions caused by the use of any controlled substance. Neb. Rev. Stat. § 28-417(1)(g) (Reissue 2008).

DRUG PARAPHERNALIA OFFENSES:

It is a violation of Nebraska law to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Neb. Rev. Stat. § 28441( 1) (Reissue 2008).

"Drug paraphernalia" is defined to include such things as hypodermic syringes, needles, pipes, bongs, roach clips and other items used, intended for use or designed for use with controlled substances. Neb. Rev. Stat. § 28-439 (Reissue 2008).

It is unlawful to deliver or manufacture drug paraphernalia under circumstances in which one should reasonably know that it will be used to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. This section does not apply to pharmacists who sell hypodermic syringes or needles for the prevention of the spread of infectious diseases. Neb. Rev. Stat. § 28-442 (Reissue 2008).

It is a violation of Nebraska law for a person 18 years of age or older to deliver drug paraphernalia to a person under the age of 18 who is at least 3 years his or her junior. Neb. Rev. Stat. § 28-443 (Reissue 2008).

A violation of Neb. Rev. Stat. § 28-441 is punishable by a fine of not more than $100 for first offense, not less than $100 and not more than $300 for second offense, and not less than $200 and not more than $500 on third or subsequent conviction. Neb. Rev. Stat. §§ 28-441 and 29-436 (Reissue 2008). The penalty for violation of Neb. Rev. Stat. § 28-442 is not more than six months imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 28-442 and § 28-106(1) (Reissue 2008). The penalty for violation of Neb. Rev. Stat. § 28-443 is imprisonment for not more than one year, or $1,000 fine, or both. Neb. Rev. Stat. § 28-443 (Reissue 2008) and § 28-1 06( 1) (Reissue 2008).

IMITATION CONTROLLED SUBSTANCES:

It is a violation of Nebraska law to knowingly, intentionally manufacture, distribute, deliver or possess with intent to distribute or deliver an imitation controlled substance. "Imitation controlled substance" is a substance that is not a controlled substance but which is represented to be an illicit controlled substance. Neb. Rev. Stat. § 28-445 (Reissue 1995). First offense violations of this law are punishable by three months imprisonment, or $500 fine, or both. A second offense violation of this statute is punishable by not more than six months imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 28-445 (Reissue 2008) and § 28-1 06( 1) (Reissue 2008).

CONTROLLED SUBSTANCE ANALOGUES:

For purposes of Nebraska's Uniform Controlled Substance Act, analogue controlled substances (often called "designer drugs") are treated as controlled substances. Such an analogue is defined as (a) substantially similar in chemical structure to the chemical structure of a controlled substance or (b) having a stimulant, depressant, analgesic or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the effect of a controlled substance. Neb. Rev. Stat. § 28-401(30) (a) (Reissue 2008).

SELECTED NEBRASKA ALCOHOL OFFENSES

MINOR IN POSSESSION:

It is against the law for a person under the age of 21 years to sell, dispense, consume, or possess alcohol. Neb. Rev. Stat. § 53-180.02 (Cum. Supp. 2008). Violation of this law is punishable by 3 months imprisonment, or $500 fine, or both. Neb. Rev. Stat. § 53-180.05(I)(Reissue 2004) and § 28106( 1) (Reissue 2008).

PROCURING ALCOHOL:

It is a violation of Nebraska law to sell, give away, dispose of, exchange, or deliver, or permit the sale, gift or procuring of any alcoholic liquors to or for any minor or to any person who is mentally incompetent. Neb. Rev. Stat. § 53180 (Reissue 2004). Violation of this law is punishable by not more than 1 year imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 53-180.05( 1) (Reissue 2004) and § 28-106(1) (Reissue 2008).

CONSUMPTION ON PUBLIC PROPERTY:

It is a violation of Nebraska law for any person to consume alcoholic liquors upon property owned or controlled by the state or any governmental subdivision thereof, unless authorized by the governing bodies having jurisdiction over such properties. Neb. Rev. Stat. § 53-186 (Reissue 2004). A violation of this statute is punishable on the first offense by a fine of up to a maximum of $100; a second offense within two years is punishable by a fine not less than $100 and not more than $300; a third offense within two years is punishable by a fine of not less than $200 and not more than $500. Neb. Rev. Stat. § 53-186(Reissue 2004) and § 29-436 (Reissue 2008).

DRIVING WHILE INTOXICATED:

Driving or being in physical control of a vehicle while under the influence of intoxicating liquors or drugs is a violation of Nebraska law when such person has a concentration of eight-hundredths (.08) of one gram or more by weight of alcohol per one hundred milliliters of blood or per two hundred ten liters of breath. Neb. Rev. Stat. § 60-6,196 (Reissue 2004).

Violation of this law is punishable on first offense by not more than 60 days, not less than 7 days imprisonment and not more than $500 fine but not less than $400 fine. Neb. Rev. Stat. § 28-106(1) (Reissue 2008). In addition, an offender's driver's license is revoked for 6 months and the offender is ordered not to drive any motor vehicle for any purpose for a like period. Neb. Rev. Stat. § 60-6,197.03(1) (Cum. Supp. 2008). Suspended sentence of probation includes mandatory requirement that probation or suspension be conditioned on order that offender will not drive any motor vehicle for any purpose for sixty days and pay a $400 fine. Neb. Rev. Stat. § 60-6,197.03(1) (Cum. Supp. 2008).

Penalties for second offense include a $500 fine and a maximum of six months imprisonment, with no less than a mandatory thirty days imprisonment. Neb. Rev. Stat. § 28-106(1) (Reissue 2008). As part of the judgment of conviction the offender's operator's license is revoked for one year. Neb. Rev. Stat. § 60-6,197.03(3) (Cum. Supp. 2008). If an offender is placed on probation, or the sentence is suspended, a mandatory condition is that the offender must not drive any motor vehicle for any purpose for a period of one year. In addition, the probation order shall include as one of its conditions the payment of $500 fine and either confinement in the city or county jail for ten days or the imposition of not less than two hundred forty hours of community service. Neb. Rev. Stat. § 60-6,197.03(3) (Cum. Supp. 2008).

Penalties for a third offense includes an order not to drive for 15 years. If an offender is placed on probation, or the sentence is suspended, a mandatory condition is that the offender's operator's license shall be revoked for a period of at least two years but not more than 15 years. In addition, the probation order shall include the payment of a $600 fine and as one of its conditions either confinement in the city or county jail for 30 days. Neb. Rev. Stat. § 606,197.03( 4) (Cum. Supp. 2008).

Fourth and subsequent convictions will result in not more than five years imprisonment or a $10,000 fine, or both. Neb. Rev. Stat. § 28-105 (Reissue 2008). Offenders in this class have their licenses revoked for a period of fifteen years; and the offender must spend at least 180 days imprisoned in a city or county jailor an adult correctional facility. Neb. Rev. Stat. § 60-6,197.03(7) (Cum. Supp. 2008). Probation or suspension of sentence must be conditioned so that the offender's license is revoked for a period of 5 years. In addition, the probation order shall include as one of its conditions a $1,000 dollar fine and confinement in either the city or county jail for 90 days. Neb. Rev. Stat. § 60-6,197.03(7) (Cum. Supp. 2008). Persons with a higher concentration of alcohol, fifteen hundredths (.15) of one gram or more by weight of alcohol per one hundred milliliters of blood or per two hundred ten liters of breath, on a first conviction and subsequent conviction are subject to even stiffer penalties. Neb. Rev. Stat. § 60-6, 197.03(2), (5), (6), (8) and (10) (Cum. Supp. 2008).

Local laws may also make it a crime to operate a motor vehicle under the influence of alcohol or to commit certain acts involving the consumption or possession of alcohol, e.g. "open container" laws.

DESCRIPTION OF HEALTH RISKS ASSOCIATED WITH USE OF ILLICIT DRUGS AND ABUSE OF ALCOHOL

Chart 4 contains a description of health risks associated with various drugs covered by the Federal Controlled Substances Act. This information is published by the National Institute on Drug Abuse and is available online at http://www.nida.nih.govI drugsofabuse.html (last visited March 19, 2009).

The following summary of health risks associated with alcohol is taken from United States Department of Education, What Works: Schools Without Drugs (1992 edition).

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. 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.

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.

Mothers who drink alcohol during pregnancy ma;r 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.

ASSISTANCE

Persons needing help in dealing with such problems are encouraged to make voluntary use of the FacultyjEmployee Assistance Program. The Faculty j Employee Assistance Program can help by offering the following servIces:

• Objectively assessing the situation and referring faculty j employees to the proper resource;
• Providing education and training to supervisors on how to intervene with a troubled faculty j employee:
• Supplying short-term personal counseling and problem solving.

UNIVERSITY SANCTIONS

In the event a faculty or staff member violates this policy or is convicted for unlawful manufacture, distribution, dispensation, possession or use of controlled substances or alcohol on University property or as part of any University activity, the University will take appropriate action.

For Administrators, staff, and faculty not included in the UNO AAUP bargaining unit, one or more of the following actions may be taken:

• Referral to the FacultyjEmployee Assistance Program for evaluation and assessment to determine the appropriate treatment for rehabilitation;
• Participation in a drug rehabilitation program;
• Disciplinary action, up to and including termination of employment and referral for prosecution.

For faculty included in the UNO AAUP bargaining unit, conviction for such offenses may be considered adequate cause for imposition of the disciplinary process provided in section 3.6.1 of the Collective Bargaining Agreement. Violation of this policy may also be considered adequate for imposition of the disciplinary process and referral for prosecution.

As required by the Drug-Free Workplace Act of 1988, faculty and staff involved in the performance of federal contracts or grants must notify their supervisor within five days if they are convicted of any criminal drug statute as a result of violation of the law that occurs at the workplace. The term "conviction" means a finding of guilt (including a plea of nolo contendre) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violation of the federal or state criminal drug statutes. The supervisor will immediately notify the Academic Affairs Office when faculty members are affected or the Human Resources Office when staff are affected. The University in turn, will notify the applicable granting or contracting agency or agencies of the conviction within ten days after receiving notice of an employee's criminal drug statute conviction.

REVIEW

Biennially the University will review its Substance Abuse Policy/Program to determine its effectiveness and to ensure that the sanctions required for violations of the policy are consistently enforced.