Drug-Free Schools
and Communities Act
The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 require that each college and university receiving federal financial assistance provide annually the following information in writing to all students and employees:
- Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities.
- A description of the applicable legal sanctions under local, state or federal law for the unlawful possession or distribution of illicit drugs and alcohol.
- A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
- A description of any drug or alcohol counseling, treatment or rehabilitation or reentry programs that are available to employees or students.
- A clear statement that the institution will impose disciplinary sanctions on students and employees(consistent with local, state and federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program.
In accordance with these laws the information below is presented for your knowledge.
To view a printer-friently version of the Act, click here (PDF | 425K)
A. Standards of Conduct
B. Applicable Sanctions Under Alaska Statutes
C. Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
D. Drug and Alcohol Counseling
E. University Sanctions
A. Standards of Conduct ^
Students
The unauthorized use, distribution or possession of illicit drugs or alcohol in violation of AlaskaStatutes or federal law on university premises or at activities sponsored by or affiliated with the university is in violation of the university Code of Conduct and is prohibited.
Unlawful Use of Alcoholic Beverages: It is unlawful to consume alcoholic beverages in the State of Alaska and on the University of Alaska Southeast campus if you are under 21 years of age. It is also unlawful to supply alcoholic beverages to persons under 21 years of age. Consumption, possession or display of beer, wine or other alcoholic beverages is prohibited in university public places except for at approved events.
Use of Illicit Drugs: Possession, use or sale of marijuana and other controlled substances, such as, but not limited to, cocaine, heroin or LSD is a crime under federal and state law. The possession, distribution, or use of such substances is prohibited.
Employees
The sale, purchase, transfer, use or possession of illegal drugs by employees on university premises or while on university business is prohibited. Further, the use of any legally obtained drug, including alcohol, to the point where such use adversely affects the employee's job performance, is prohibited.
B. Applicable Sanctions Under Alaska Statutes ^
The following description is a summary only and is not a substitute for legal advice. Anyone wishing further clarification may consult a lawyer.
1. Drug Offenses
Classification of Common Controlled Substances (AS 11.71.140-180)
- Schedule IA - opium, codeine, heroin, methadone, morphine, dilaudid, percodan, demerol
- Schedule IIA - cocaine, amphetamines, LSD, mescaline, peyote, PCP, methaqualone (quaaludes), pentobarbital, psilocybine
- Schedule IIIA - hashish, barbiturates
- Schedule IVA - tranquilizers such as valium and librium, darvon
- Schedule VA - small amount of codeine or opium in non-narcotic mixtures such as cough medicine
- Schedule VIA - marijuana
Alaska State Law, as well as policies of the University of Alaska Board of Regents, prohibits the possession, use, delivery or manufacture of those controlled substances listed above. The category of the substance as well as varying amounts determines the magnitude of the offense, which includes Unclassified Felony, Class A, B or C Felony, Class A or B Misdemeanor or violation.
Alaska State Marijuana Penalties:
- (a) Less than 1/2 lb. for personal possession - Class B Misdemeanor
- (b) 1/2 lb. to 1 lb. for personal possession - Class A Misdemeanor
- (c) Manufactures, delivers or possesses with intent to manufacture or deliver one ounce or more - Class C Felony
2. Alcohol Offenses
Alaska Statutes relating to unlawful possession or distribution of alcoholic beverages:
AS 04.16.050 - Possession by Persons Under 21 -- Violation (1st or 2nd offense) or Class B Misdemeanor (3rdand additional offenses)
Persons under 21 may not knowingly consume or possess alcoholic beverages, except as allowed under AS04.16.051
AS 04.16.051 - Furnishing Alcoholic Beverages to Persons Under 21 - A Misdemeanor
(a) May not furnish or deliver alcoholic beverages to person under 21,
(b) Except: (1) by the parent of a child, guardian of a ward or to a legal spouse, not on licensed premises; or (2) bydoctor or nurse as part of medical treatment.
AS 04.16.040 - Drunken Persons on Licensed Premises - A Misdemeanor
Drunken person may not knowingly enter or remain on licensed premises.
AS 04.16.052 - Furnishing Alcoholic Beverages to Persons Under 21 by Licensees - A Misdemeanor
Licensee or employee may not, with criminal negligence,
(1) sell, barter, or give alcoholic beverage to person under 21 within licensed premises;
(2) allow person under 21 to enter and remain on premises, except as states in AS 04.16.049;
(3) allow person under 21 to consume alcoholic beverages on premises; or
(4) allow person under 21 to sell or serve alcoholic beverages.
AS 14.16.060 - Purchase by Person Under 21 - A Misdemeanor
(a) Person under 21 may not purchase alcoholic beverages or solicit another to purchase for him.
(b) Person may not influence sale of alcoholic beverages to person under 21 by misrepresenting age of that person.
(c) Person may not order alcoholic beverages from licensee to sell or give to person under 21.
(d) Person under 21 may not enter licensed premises and misrepresent age to induce licensee to sell or give alcoholic beverage to him.
(e) Person under 21 may not misrepresent facts required under AS 04.16.049(a)(2) or (3).
C. Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance ^
21 U.S. C. 844 (a)
First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After one prior drug conviction: At least 15 days in prison, not to exceed two 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 three 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 five years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
(a) First conviction and the amount of crack possessed exceeds 5 grams.
(b) Second crack conviction and the amount of crack possessed exceeds 3 grams.
(c) Third or subsequent crack conviction and 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. 884a
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853a
Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.
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.
Alcohol Effects
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 may 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.
D. Drug and Alcohol Counseling ^
Treatment for Students:
On-campus resources available to students include the certified Health Clinician and Counselor.
The University of Alaska Southeast Health Services and Counseling offices are located on the lower level of theMourant Building within the StudentResource Center. All students enrolled in at least six credits are eligible for services. Individual counseling is available at no charge. Students may seek information, counseling and/or referral for their own use or for concerns about a friend or relative's use.
In general, students seeking counseling need to schedule an appointment. In an emergency, however, every effort is made to see a student as soon as possible. The university dedicates staff time at the Counseling Office to do alcohol assessments and make appropriate referrals to community agencies. Students may be directed to this service through judicial sanction, or may access this resource through self referral. Further information on this program can be obtained by contacting the Student Resource Center at 796-6000.
Substance use education is offered at UAS in the form of Prime For Life presentations, periodically scheduled on campus in the form of non-punitive, early intervention/informational day-long sessions. Interested students should refer to the campus calendar or the Activities Office for scheduled Prime For Life sessions. Informal referrals can also be made by contacting the Student Wellness and Peer Education Office at 796-6391.
The Student Health Insurance Program contains benefits for some inpatient and outpatient substance abuse treatment. Call 800-767-0700 or 888-344-5989, for more information.
Treatment for Employees:
Employees with substance abuse problems are strongly encouraged to seek assistance through one of the agencies in the Juneau area. Information about local agencies may be obtained by calling the agencies directly.Local agencies providing substance abuse treatment and assistance include:
- Adult Children of Alcoholics and Addiction 789-0965
- Alcoholics Anonymous 586-1161
- Juneau Recovery Hospital, 24-hour crisis line: 586-5321
- Narcotics Anonymous 790-4567
- National Council on Alcoholism and Drug Dependence (NCADD) Juneau Alcohol Safety Action Program (JASAP) 463-3755
National Intervention Network 586-4859, Toll Free 800-654-4673
- Rainforest Recovery Center at Bartlett Hospital 586-9508
- SEARHC Behavioral Health Services 364-4445
- White, Patricia 463-5895
The University of Alaska Employee Health Insurance Program contains benefits for some in-patient and out-patient treatment. For further information contact Human Resources at 796-6263.
E. University Sanctions ^
The university will impose appropriate sanctions on those individuals in violation of standards of conduct as set forth in Section A1 and 2 above
Students
Violation of standards of conduct in Section A1 above will result in disciplinary action. Sanctions may include, but are not limited to, the following actions: warning, probation, trespass, suspension, expulsion, referral for prosecution, and referral for treatment/rehabilitation. Procedures for disciplinary action are detailed on the website.
Employees
Violations of standards of conduct in A2 above will result in disciplinary action. Sanctions may include,but are not limited to the following actions: suspension of work with or without pay during an investigation, a period of provisional employment (which may result in termination), termination of employment, referral for prosecution and referral for treatment/rehabilitation.
