Drug Abuse and Alcohol Prevention Program 2019/2020 Drug Abuse and Alcohol Prevention Program Brookline College strictly prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as any part of its activities. The college will impose disciplinary sanctions on students and employees (in accordance with local, state, and federal law), up to and including dismissal from the school or termination of employment and referral for prosecution, for violation of these standards. The Drug-Free Schools and Communities Act and Drug and Alcohol Abuse Prevention Regulation specifies that no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees. Brookline College has implemented a drug abuse and alcohol prevention program and policies to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. Brookline College is committed to providing a drug free environment. Any type of drug use, including alcohol, is dangerous and potentially life threatening. Drugs and alcohol adversely affect the body, mind and behavior. The effects vary from person to person and from usage to usage. Even low doses of drugs and alcohol can impair judgment and coordination. If you use drugs or alcohol, you risk overdose, accidents, dependence, ill health, as well as legal, financial and personal problems. The federal laws against drugs are divided into two categories: possession and distribution. The penalties are severe depending upon the type of drug, quantity of the drug, and any prior offenses. Possession will earn up to one year in prison and a $5,000 fine. Distribution will earn up to life in prison and an $8 million fine. Brookline College will continually look to find additional ways to bring more information to students and staff about programs for drug and alcohol abuse and prevention. The general safety of our campus communities is a top priority for the Brookline College administration and for the Biennial review committee. Student and staff surveys regarding the effectiveness of the program and calling for recommendations to the program will be conducted throughout the year and will be presented to the biennial review committee for consideration. 1. Policy Statements a. Employees Brookline College requires that its employees refrain from the use of alcohol and illegal drugs, including marijuana, in the workplace or at any college events. Employees may not report to work with illegal drug (or their metabolites) or alcohol in their bodily system. The nature of the services that we provide as well as our college philosophy demands that there be strict adherence to this policy. The unlawful manufacture, distribution, dispensation, possession, or use of drugs and alcohol is prohibited on all properties occupied by Brookline College, including parking lots, College vehicles, and restrooms. This policy also extends to any site, which might be in use for an official school function such as, but not limited to, graduation, picnics, parties and other celebrations. Illegal drugs are any drug that is not legally obtainable under state or federal law or that is legally obtainable but has been illegally obtained. This includes, but is not limited to, the following substances: 1. Narcotics – opium, heroin, morphine and synthetic substances 2. Depressants – chloral hydrate, barbiturates and methaqualone 3. Stimulants – cocaine and cocaine derivatives, amphetamines, and methamphetamines 4. Hallucinogens – LSD, mescaline, PCP, peyote psilocybin, MOMA, ketamine and ecstasy 5. Cannabis – marijuana and hashish. This includes the use to marijuana for medical purposes. 6. Inhalants – solvents, gases and nitrites Employees who violate this policy will be subject to the following courses of action: 1. Counseling and/or; 2. Rehabilitation and/or; 3. Immediate termination. In accordance with the College’s policy as stated in the Employee Handbook, the College may require employees to submit to a drug or alcohol test if the College has reasonable suspicion that this policy has been violated. b. Students The Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226) requires Brookline College to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. Brookline College prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students on Brookline College’s property or during any Brookline College activity on or off campus. In addition to this, certain prescription medications that can alter one’s ability to make critical thinking decisions are therefore prohibited. Questions on these medications can be directed to the Program Director for further clarification. If any student is suspected of drug or alcohol use or abuse, Brookline College reserves the right to request drug/alcohol testing and/or counseling. In addition, actions up to and including termination of enrollment may ensue. 2. Legal Sanctions for possession or Distribution of illicit drugs and Alcohol a. Federal Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance • 21 U.S.C. 844(a) 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. • 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 1-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. • 21 U.S.C. 844a Civil fine of up to $10,000 (pending adoption of final regulations.) • 18 U.S.C. 922(g) Ineligible to receive or purchase a firearm. Miscellaneous Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc, are vested within the authorities of individual Federal agencies. b. Arizona In addition to the Federal laws, the State of Arizona has its own laws dealing with controlled substances. • ARS13-3405. Possession, use, production, sale or transportation of marijuana; classification A. A person shall not knowingly: 1. Possess or use marijuana. 2. Possess marijuana for sale. 3. Produce marijuana. 4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana. B. A person who violates: 1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony. 2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony. 3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony. 4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony. 5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony. 6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony. 7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony. 8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony. 9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony. 10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony. 11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony. C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.