Alcohol & Drug Policy In compliance with the Drug-Free Schools and Communities Act Amendments of 1989, The South Dakota Board of Regents strictly prohibits the unlawful possession, use or distribution of alcohol, marijuana or controlled substances by its students or employees while on property controlled by the Board of Regents or while participating in any capacity in activities or employments sponsored by it. Only under certain circumstances or events is permission granted by a member of the university administration for the consumption of alcohol. The manufacture, sale, possession, or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by University Police Department. Violators are subject to disciplinary action within the University and/or criminal prosecution, fine and imprisonment. It is unlawful to sell, furnish or provide alcohol to a person under the age of 21. The possession of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal. It is also a violation of USD policy for anyone to consume or possess alcohol in any public or private area of campus without prior University approval. Organizations or groups found in violation of alcohol and other substance policies or state or federal laws are subject to sanctions by the University. USD Employee Alcohol & Drug Policy In compliance with the Drug-Free Workplace Act of 1988 the South Dakota Board of Regents strictly proscribes the unlawful manufacture, distribution, dispensing, possession or use of controlled substances by board employees and agents while on duty or while in any workplace controlled by the board. For purposes of this proscription, the workplace shall include premises and vehicles owned and controlled by the board and other premises and vehicles when used by the board for education, research, service or other official functions. Any person violating this proscription shall be subject to appropriate disciplinary action, which may include termination of employment. The full text of the South Dakota Board of Regents policy related to the Drug-Free Workplace Act can be found at http://www.sdbor.edu/policy/4-Personnel/documents/4- 27.pdf. USD Parental Notification of Drug & Alcohol Violations The Family Educational Rights and Privacy Act (FERPA) permit colleges and universities to inform parents of drug and alcohol policy violations committed by their students. The University of South Dakota (USD) personnel understand that parents are partners in responding to issues of substance abuse. Thus, it is USD policy to notify parents or guardians of their student’s alcohol and/or drug policy violation if the student is less than 21 years of age and not emancipated, and the violation occurred as follows: 1. Parental notification may occur when it is determined that the student has committed a second violation of the South Dakota Board of Regents (BOR) Alcohol/Drug Policy, that the violation resulted in at minimum an imposition of disciplinary probation and that the violation was (a) committed while on property owned or controlled by USD or any other BOR institution; or (b) committed during travel sponsored by a department, college, or recognized student organization of USD or any other BOR institution; or (c) committed while attending an event sponsored by a USD department, college, or recognized student organization or that of any other BOR institution; 2. Violation of the Board of Regents Alcohol/Drug Policy by the student while enrolled at another institution under the control of the BOR shall be considered a violation under this policy. 3. The Dean of Students will determine, in each instance, whether parental notification will be made. In the event the Dean determines that parental notification is appropriate, notification of a parent or guardian shall be made in writing and mailed to the home address on record. Students whose parents will be notified consequent to a conduct process may view a template of the notification letter in the Office of Student Rights and Responsibilities. 4. Records of parental notification under this policy will be maintained in the Office of the Dean of Students or as s/he may otherwise designate. 5. In addition to the foregoing, USD policy provides for parental notification of drug or alcohol violation or misuse without prior notice to the student in circumstances where action has been or will be taken to protect the safety of the student or other individuals. FEDERAL TRAFFICKING PENALTIES DRUG/SCHEDULE QUANTITY PENALTIES QUANTITY PENALTIES Cocaine (Schedule II) 500 – 4999 gms mixture First Offense: 5 kgs or more mixture First Offense: Not less than 5 yrs, and Not less than 10 yrs, and Cocaine Base (Schedule II) 28–279 gms mixture not more than 40 years. 280 gms or more mixture not more than life. If death If death or serious injury, or serious injury, not less not less than 20 or more than 20 or more than life. than life. Fine of not more Fine of not more than $10 than $5 million if an million if an individual, $50 individual, $25 million if million if not an individual. not an individual. Fentanyl (Schedule II) 40–399 gms mixture 400 gms or more mixture Fentanyl Analogue (Schedule I) 10 – 99 gms mixture Second Offense: 100 gms or more mixture Second Offense: Not less than 10 yrs, and Not less than 20 yrs, and not more than life. If not more than life. If death or serious injury, death or serious injury, life life imprisonment. Fine imprisonment. Fine of not of not more than $8 more than $20 million if an million if an individual, individual, $75 million if not $50 million if not an an individual. individual Heroin (Schedule I) 100 – 999 gms mixture 1 kg or more mixture 2 or More Prior Offenses: LSD (Schedule I) 1 – 9 gms mixture 10 gms or more mixture Life imprisonment Methamphetamine (Schedule II) 5 – 49 gms pure or 50 gms or more pure or 50 – 499 gms mixture 500 gms or more mixture PCP (Schedule II) 10 – 99 gms pure or 100 gm or more pure or 100 – 999 gms mixture 1 kg or more mixture PENALTIES Other Schedule I & II drugs (and Any amount First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, any drug product containing or more than Life. Fine $1 million if an individual, $5 million if not an individual. Gamma Hydroxybutyric Acid) Flunitrazepam (schedule IV) Second Offense: Not more than 30 yrs. If death or serious injury, life imprisonment. 1gm or more Fine $2 million if an individual, $10 million if not an individual. Other Schedule III drugs Any amount First Offense: Not more than 10 years. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual. All other Schedule IV drugs Any amount First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, Flunitrazepam (Schedule IV) Less than 1 gm $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual. All Schedule V drugs Any amount First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. USD JEANNE CLERY REPORT — 11 FEDERAL TRAFFICKING PENALTIES — MARIjuaNA DRUG QUANTITY 1st OFFENSE 2nd OFFENSE* Marijuana (Schedule I) 1,000 kg or more mixture; or 1,000 or more plants Not less than 10 years, not Not less than 20 years, more than life not more than life If death or serious injury, If death or serious injury, not less than 20 years, not mandatory life more than life Fine not more than Fine not more than $20 $10 million if an individual, million if an individual, $50 million if other than $75 million if other than an individual an individual Marijuana (Schedule I) 100 kg to 999 kg mixture; or 100 to 999 plants Not less than 5 years, not Not less than 10 years, more than 40 years not more than life If death or serious injury, If death or serious injury, not less than 20 years, not mandatory life more than life Fine not more than $5 Fine not more than $8 million if an individual, million if an individual, $25 million if other than an $50 million if other than individual an individual Marijuana (Schedule I) more than 10 kgs hashish; 50 to 99 kg mixture Not more than 20 years Not more than 30 years more than 1 kg of hashish oil; 50 to 99 plants If death or serious injury, If death or serious injury, not less than 20 years, not mandatory life more than life Fine $2 million if an Fine $1 million if an individual, $10 million if individual, $5 million if other than individual other than an individual Marijuana (Schedule I) 1 to 49 plants; less than 50 kg Not more than 5 years Not more than 10 years Hashish (Schedule I) 10 kg or less Fine not more than Fine $500,000 if an Hashish Oil (Schedule I) 1 kg or less $250,000, $1 million other individual, $2 million if than individual other than individual * The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $8 million if an individual and $20 million if other than an individual.