GENERAL POLICY

The University prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by employees and students. The University complies with all local, state and federal regulations pertaining to alcohol and illicit drugs. In addition, the University complies with the regulations of both the Drug Free Work Place Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989.

COMMUNICATIONS

As required by the Drug Free Schools and Communities Act annually the University will provide a written statement to employees covering: a) standards of conduct concerning drugs and alcohol; b) federal, state and local legal sanctions governing the unlawful possession or distribution of illicit drugs or alcohol; c) health risks associated with the use of illicit drugs and the abuse of alcohol; d) a description of counseling and treatment programs available for alcohol and drug abuse; e) University disciplinary sanctions imposed for unlawful possession, use or distribution of illicit drugs and alcohol.

DRUG AND ALCOHOL COUNSELING, TREATMENT OR REHABILITATION PROGRAMS

The University Counseling Center provides assistance to employees or students dealing with drug and/or alcohol abuse, as well as referrals to outside agencies and programs. Both the Counseling Center and Health Services maintain a library of written materials on drug and alcohol abuse.

The Counseling Center maintains strict confidentiality of records and counseling relationships. No information disclosed in a counseling relationship is shared with anyone inside or outside the University unless a written release to do so is provided by the employee or pursuant to proper legal process. In the event that entrance into a counseling treatment or rehabilitation program is required as a disciplinary measure (see following section on Disciplinary Sanctions), two written releases to the appropriate Dean or to the Human Resources Office will be required, one to indicate entrance into the program and one to confirm satisfactory completion of the program.

Health insurance plans available to employees or students may provide varying levels of coverage for alcohol and substance abuse programs. Further information on plan coverage for employees is available from the insurer or from the Human Resources Office. Information on plan coverage for the student plan is available from Health Services. Annually, the University holds an Alcohol and Substance Abuse Awareness Week, which informs employees and students about the dangers of drug and alcohol abuse. Both the Counseling Center and Health Services maintain a library of written materials on drug and alcohol abuse.

DISCIPLINARY SANCTIONS

The University enforces this policy in a consistent manner and in accordance with local, state and federal laws. Possible disciplinary actions include warning, probation, suspension, expulsion, termination of employment, and requirement of satisfactory participation in a substance abuse treatment, counseling or education program as a condition of reinstatement or continued employment. Actual disciplinary action will be imposed based upon a review of the circumstances of the case.

The following examples illustrate the range of sanctions for particular violations of the standards of conduct:

1. Possession of an illicit drug in an amount implying intent to distribute:

First Offense : Written warning

Second Offense : Suspension up to two weeks

Third Offense : Suspension, expulsion or termination

2. Use of an illicit drug:

First Offense : Entrance into and satisfactory completion of a treatment program approved by the University. Failure to enter into and to satisfactorily complete the program will result in suspension, expulsion or termination.

Second Offense : Suspension

Third Offense : Expulsion or termination

3. Distribution of illicit drugs or possession with intent to distribute:

First Offense : Suspension, expulsion or termination

4. Use or possession of alcohol by an individual under the age of 21:

First Offense : Written warning

Second Offense : Suspension for up to two weeks or, where appropriate, a three day suspension and entrance into and satisfactory completion of a treatment program approved by the of University; failure to enter into and to satisfactorily complete the program will result in suspension, expulsion or termination

Third Offense : Suspension, expulsion or termination

5. Distribution of alcohol to an individual under the age of 21 years:

First Offense : five day suspension

Second Offense : Suspension, expulsion or termination

6. Use or distribution (in an open container) of alcohol by an individual 21 years of age or older at a University activity where alcohol is not approved:

First Offense : Written warning

Second Offense : Three day suspension and entrance into and satisfactory completion of a treatment program approved by the University; failure to enter into and to satisfactorily complete the program will result in suspension, expulsion or termination.

Third Offense : Suspension, expulsion or termination

APPLICABLE LEGAL SANCTIONS UNDER LOCAL, STATE OR FEDERAL LAW

Local, state and federal laws make illegal use of drugs and alcohol serious crimes. Conviction can lead to imprisonment, fines and assigned community service. Courts do not lift prison sentences in order for convicted persons to attend college or continue their jobs. A felony conviction for such an offense can prevent you from entering many fields of employment or professions.

Cities and towns in Massachusetts , specifically Boston , prohibit public consumption of alcohol and impose fines for violation. The Metropolitan District Commission also prohibits public consumption of alcohol in its parks.

Massachusetts laws prohibit sale or delivery of alcoholic beverages to persons under 21 with a fine of up to $2,000 and 6 months imprisonment, or both. Misrepresenting one's age or falsifying an identification to obtain alcoholic beverages is punishable by a fine of $300. First conviction for driving under the influence of alcohol has a penalty of $1000 fine, one-year revocation of the driver's license, up to two years in prison, mandatory alcohol rehabilitation.

Massachusetts has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, narcotic, addictive, and drugs with potential for abuse have heavier penalties.

Possession of drugs is illegal without valid authorization. While penalties for possession are generally not as great as for manufacture and distribution of drugs, possession of a relatively large quantity may be considered distribution. Under both state and federal laws, penalties for possession, manufacture and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.

Massachusetts makes it illegal to be in a place where heroin is kept and to be “in the company” of a person known to possess heroin. Anyone in the presence of heroin at a private party risks a serious drug conviction. Sale and possession of “drug paraphernalia” is illegal in Massachusetts .

Persons convicted of drug possession under state or federal laws may be ineligible for federal student grants and loans for up to one year after the first conviction, five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, 10 years after the second, permanently after the third conviction.

Under Federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty with a mandatory one year in prison; a third conviction is punishable by mandatory life imprisonment. These penalties apply to distribution of drugs in or within 1,000 feet of a college or school. Federal law sets greatly heightened prison sentences for manufacture and distribution of drugs if death or serious injury results from the use of the substance.

RESOURCES

Resources are available to help those who suffer from substance dependency. Assistance may be sought through the University's Counseling Center located on the 5 th floor of the 73 Tremont Building or by calling x8226. This service is confidential.