Standards of Conduct and University Sanctions Concerning Illicit Drugs and Alcohol
The University of Wisconsin System and UW-Eau Claire prohibit the unlawful possession, use, distribution, manufacture or dispensing of illicit drugs and alcohol by students and employees on university property or as part of university activities.
The University of Wisconsin-Eau Claire recognizes alcohol and other drug abuse as a problem prevalent throughout society. This is a matter of concern at an academic institution because it interferes with the activities and education of students and the performance of faculty and staff. The University recognizes college students exercise personal discretion regarding alcohol and drug use. The University of Wisconsin-Eau Claire, consistent with its mission as a public institution of higher education, is committed to providing education about the effects of alcohol and other drugs in a wide variety of settings and formats; assisting individuals who have developed patterns of abuse to find more constructive and healthy lives; and upholding the law. In those circumstances where students, as a result of patterns of abuse, endanger themselves or others, the University will assist in providing professional help, may require remediation, and may examine the appropriateness of continued enrollment. This commitment is carried out in an environment which is educational and supportive in nature and designed to bring about positive changes in behavior and attitude.
University Sanctions Concerning Illicit Drugs and Alcohol
The use or possession of alcoholic beverages is prohibited on University premises, except in faculty and staff housing, and as expressly permitted by the chief administrative officer or under institutional regulations, in accordance with s.UWS 18.09(1)(a), Wis. Adm. Code. Without exception, alcohol consumption is governed by Wisconsin statutory age restrictions under s.UWS 18.09(1)(a), Wis. Adm. Code.
The unlawful use or possession of illicit drugs (“controlled substances” as defined in Ch. 961, Wis. Stats.) on University lands is prohibited in accordance with s.UWS 18.15(1), Wis. Adm. Code. Selling or delivering a controlled substance, or possessing a controlled substance with intent to sell or deliver is prohibited under s.UWS17.09(6), Wis. Adm. Code.
Violation of these provisions by a student may lead to the imposition of a disciplinary sanction, up to and including suspension or expulsion, under s.UWS 17.10(1), Wis. Adm. Code. University employees are also subject to disciplinary sanctions for violation of these provisions occurring on termination or employment. Disciplinary sanctions are initiated and imposed in accordance with applicable procedural requirements and work rules, as set forth in Wisconsin Statutes, Administrative rules, faculty and staff policies, and collective bargaining agreements. Referral for prosecution under criminal law is also possible. Further, violations of s.UWS 18.09(1)(a) and 18.15(1), Wis. Adm. Code may result in additional penalties as allowed under ch. UWS 18, Wis. Adm. Code.
Drug-Free Schools and Communities Act
The U.S. Department of Education has adopted final regulations implementing the Drug Free Schools and Communities Act of 1990. This information is a requirement of those regulations to ensure continued federal financial assistance.
The Act requires that the University provide a description, to all students and employees, of the legal sanctions under federal law and Wisconsin law, University disciplinary sanctions that may be imposed, a description of health risks associated with the use of illicit drugs and alcohol, and a listing of the University’s drug counseling and treatment programs.
The law is designed to make it clear that the Department of Education is serious about drug and alcohol prevention on college campuses. It is the intent of UW-Eau Claire to follow the regulations and to support the letter and the spirit of the law.
State of Wisconsin Legal Sanctions
The Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes, regulates controlled substances and outlines specific penalties for the violation of the regulations. A first-time conviction for possession of a controlled substance can result in a sentence of up to one year in prison and a fine of up to $5,000. Sec. 961.41(3g), Stats. A person convicted of manufacturing a controlled substance, delivering a controlled substance, or possessing a controlled substance with an intent to manufacture or deliver, can be imprisoned for up to 30 years and fined up to $1,000,000. Sec. 961.41(1) and (1m), Stats. Penalties vary according to type of drug involved, the amount of drug confiscated, the number of previous convictions, and the presence of any aggravating factors. The distribution of a controlled substance to a minor can lead to the doubling of an authorized sentence term. Section 961.46, Stats.
Wisconsin has formidable legal sanctions that restrict the use of alcohol in various situations. It is illegal to procure for, sell, dispense or give away alcohol to anyone who has not reached the legal drinking age of 21 years. Sec. 125.07(1)(a)(1), Stats. Every adult has a legal obligation to prevent the illegal consumption of alcohol on premises owned by the adult or under the adult’s control. Section 125.07(1)(a)(3), Stats. A first-time violator of either of the above subsections can be fined up to $500. It is against the law for an underage person to procure or attempt to procure an alcoholic beverage, to falsely represent his or her age for the purpose of obtaining alcohol, to enter premises licensed to sell alcohol, or to licensed premises. Sec. 125.07(4), Stats. A first-time underage violator of section 125.07(4)(bs),stats. can be fined up to $500, ordered to participate in a supervised work program, and have their driver’s license suspended.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
Pursuant to federal law, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury; and, possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison. For more information, see a comprehensive review of Federal Trafficking Penalties.
21 U.S.C. 844(a)
First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more that $10,000, or both.
After one 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 two 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.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not $250,000 or both if:
(a) 1st conviction & the amount of crack possessed exceeds 5 grams
(b) 2nd crack conviction & the amount of crack possessed exceeds 3 grams
(c) 3rd or subsequent conviction & the amount of crack possessed exceeds 1 gram.
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.
21 U.S.C. 862
Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.
18 U.S.C. 922(g)
Ineligible to purchase, receive or transport a firearm.
Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
Federal Penalties for Illegal Trafficking of Controlled Substances
The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is a consolidation of numerous federal laws regulating the manufacture and distribution of controlled substances. The CSA places all controlled substances into one of five schedules, depending upon the substance’s medical use, potential for abuse, and safety or dependence liability. The CSA provides penalties for the unlawful manufacturing and distribution of controlled substances. The charts on pages 8-9 of the U.S. Department of Justice publication, Drugs of Abuse, 1996 Edition, provide an overview of the penalties for trafficking of controlled substances.
Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.
Please see the Federal Trafficking Penalties Summary Information.
Summary of the Health Effects of the Use and Abuse of Drugs and Alcohol
The following is a partial list of drugs, and the consequences of their use. The abuse of alcohol and the use of other drugs is detrimental to the health of the user. Further, the use of drugs and alcohol is not conducive to an academic atmosphere. Drugs impede the learning process and can cause disruption for other students and disturb their academic interests. The use of alcohol and drugs in the workplace may also impede the employee’s ability to perform in a safe and effective manner, and may result in injuries to others. Early diagnosis and treatment of drug and alcohol abuse is in the best interests of the student, employee and the university. (For additional information concerning the health risks associated with substances covered by the Controlled Substances Act, refer to the chart on pages 24-25 of the U.S. Department of Justice publication, Drugs of Abuse, 1996 edition, or visit the U.S. Drug Enforcement Administration.)
Alcohol is the most frequently abused drug on campus and in society. Alcohol is chemically classified as a mind-altering drug because it contains ethanol and has the chemical power to depress the action of the central nervous system. This depression affects motor coordination, speech and vision. In great amounts, it can affect respiration and heart rate control. Death can result when the level of blood alcohol exceeds 0.40%. Prolonged abuse of alcohol can lead to alcoholism, malnutrition and cirrhosis.
Concerns over a growing illicit market and prevalence of abuse combined with the possibility of long-term effects of steroid use, led Congress to place anabolic steroids into Schedule III of the Controlled Substances Act (CSA). Although the adverse effects of large doses of multiple anabolic steroids are not well established, there is increasing evidence of serious with the abuse of these agents, including cardiovascular damage, liver damage and damage to reproductive organs. Physical side effects include elevated blood pressure and cholesterol levels, severe acne, premature balding, reduced sexual function and testicular atrophy. The CSA defines anabolic steroids as any drug or hormonal substance chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids), that promotes muscle growth. Those commonly encountered on the illicit market include: boldenone (Equipoise), ethylestrenol (Maxibolin), fluoxymesterone (Halotestin), methandriol, methandrostenolone (Dianabol), methyltestosterone, nandrolone (Durabolin, Deca-Durabolin), oxandrolone (Anavar), oxymetholone (Anadrol), stanozolol (Winstrol), testosterone and trenbolone (Finajet).
Three drugs that come from cannabis— marijuana, hashish, and hashish oil—are currently distributed on the U.S. illicit market. These drugs are deleterious to the health and impair the short-term memory and comprehension of the user. When used, they alter the sense of time, and reduce the ability of the user to perform tasks requiring concentration and coordination. They also increase the heart rate and appetite. Motivation and cognition can be altered, making acquisition and retaining of new information difficult. Long-term users may develop psychological dependence that can produce paranoia and psychosis. Because cannabis products are usually inhaled as unfiltered smoke, they are damaging to the lungs and pulmonary system and have more cancer-causing agents than tobacco.
Depressants produce central nervous system depression. Depressants (i.e. barbiturates, benzodiazepines, glutethimide, methqualone, and meprobamate) can cause physical and psychological dependence that can lead to respiratory depression, coma and death, especially when used in concert with alcohol. Withdrawal can lead to restlessness, insomnia, convulsions and even death. Chloral hydrate, a hypnotic depressant, and alcohol constitute “Mickey Finn.”
LSD, PCP, mescaline and peyote are classified as hallucinogens. Hallucinogens interrupt the brain messages that control the intellect and keep instincts in check. Large doses can produce convulsions and coma, heart and lung failure. Chronic users complain of persistent memory problems and speech difficulties for up to a year after their use. Because the drug stops the brain’s pain sensors, drug experiences may result in severe self-inflicted injuries. Persistent memory problems and speech difficulties may linger.
The term narcotic derives from the Greek word for stupor. Narcotic use is associated with a variety of unwanted effects including drowsiness, inability to concentrate, apathy, lessened physical activity, constriction of the pupils, dilation of the subcutaneous blood vessels causing flushing of the face and neck, constipation, nausea and vomiting and, most significantly, respiratory depression. With repeated use of narcotics, tolerance and dependence develop. Users of narcotics, such as heroin, codeine, morphine, and opium, are susceptible to overdose that can lead to convulsions, coma and death.
Cocaine is the most potent stimulant of natural origin. “Crack” is the chunk form of cocaine that is a ready-to-use freebase. These drugs stimulate the central nervous system and are extremely addictive. They can cause psychological and physical dependency which can lead to dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, paranoia, and seizures. They can also cause death by disrupting the brain’s control of the heart and respiration.
The use of amphetamines and other stimulants can have the same effect as cocaine and cause increased heart rates and blood pressure that can result in a stroke or heart failure. Symptoms include dizziness, sleeplessness, and anxiety. They can also lead to hallucinations, paranoia, psychosis, and even a physical collapse.
Nicotine is a highly addictive stimulant, whether ingested by smoking or chewing. This drug hits the brain in six seconds, and damages the lungs, decreases heart strength, and is associated with many types of cancers. The withdrawal symptoms include anxiety, progressive restlessness, irritability, and sleep disturbance.