Safe and Drug Free Schools Act Compliance

INFORMATION YOU NEED TO KNOW AS STUDENTS and EMPLOYEES OF…
SOUTHWEST MINNESOTA STATE UNIVERSITY

As part of the Drug-Free Schools and Communities Act Amendments of 1989, SMSU is required by law to provide to every employee and each student who is enrolled in one or more classes, written materials that adequately describe and contain the following:

• Standards of conduct that prohibit unlawful possession, use, or distribution of drugs and alcohol.
• Description of health risks associated with the use and abuse of drugs and alcohol.
• Description of counseling, treatment or rehabilitation programs offered.
• A clear statement of the disciplinary sanctions the institution will impose on students and employees.
• Description of possible legal sanctions under local, state or federal law.

Updated, August 2007

Purpose

The abuse of alcohol and the use of illegal drugs by members of the Southwest Minnesota State University community are incompatible with the goals and mission of the institution. In order to further the University's commitment to provide a healthy and productive educational environment, and in compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 1-226, Section 22, subpart B), the University has established the following policy on alcohol and other drugs. The entire campus community is under this mandated compliance.

Criminal Sanctions

Federal Law

Schedule I Drugs (Penalty for possession)
First Offense: 10 years to life, 10 year mandatory minimum; if death
or serious injury, 20 year minimum; up to $4 million fine individual, $10 million other than individual. Second Offense: 20 years to life, 20 year mandatory minimum; if death or serious injury, not less than life; up to $8 million fine individual, $20 million other than individual.

Schedule II Drugs (Penalty for possession)
First Offense: 5 to 40 years, 5 year mandatory minimum; if death or serious injury, 20 year minimum; up to $2 million fine individual, $5 million other than individual. Second Offense: 10 years to life, 10 year mandatory minimum; if death or serious injury, not less than life; up to $4 million fine individual, $10 million other than individual.

Schedule I or Schedule II Controlled Drugs
(Penalty for possession)
First Offense: 0 to 20 years, if death or serious injury, 20 year minimum, not more than life; up to $1 million fine individual, $5 million other than individual. Second Offense: 0 to 30 years, if death or serious injury, not less than life; up to $2 million fine individual, $10 million other than individual.

Schedule III Drugs (Penalty for possession)
First Offense: 0 to 5 years, up to $250,000 fine individual, $1 million other than individual. Second Offense: 0 to 10 years; up to $500,000 fine individual, $2 million other than individual.

Schedule IV Drugs (Penalty for possession)
First Offense: 0 to 3 years, up to $250,000 fine individual, $1 million other than individual. Second Offense: 0 to 6 years, up to $500,000 fine individual, $2 million other than individual.

Schedule V Drugs (Penalty for possession)
First Offense: 0 to 1 year, up to $100,000 fine individual, $250,000 other than individual. Second Offense: 0 to 2 years, up to $200,000 fine individual, $500,000 other than individual.

Minnesota Alcohol Violations

Driving while intoxicated: (Blood alcohol content .10 or more) $700 fine, 90 days in jail, revocation of driver's license for 30 days, reinstatement fee of $20, retake driver=s license exam – written and behind-the-wheel.

Possession by persons under 21: $100 fine. Use of false identification for alcohol purchase: $100 fine.

Furnishing alcohol to persons under 21: $3,000 fine and/or 1 year in jail

Party Ordinance: $300 fine and/or 90 days in jail.

Minnesota Drug Laws

First Degree
Sale: 10+ grams of cocaine, 50+ grams of other narcotic drug, 200+ doses hallucinogen, 50 kilos marijuana, or 25+ kilos marijuana in a school zone, park zone, or public housing zone.
Possession: 25+ grams cocaine, 500+ grams of other narcotic drug, 500+ doses hallucinogen, 110+ kilos marijuana.
Penalty: 0 to 40 years, 4 year mandatory minimum if prior drug felony; up to $1,000,000 fine. 0 to 40 years, 2nd offense.

Second Degree
Sale: 3+ grams cocaine, 10+ grams of other narcotic drug, 50+ doses hallucinogen, 25+ kilos marijuana, or sale of a Schedule I or II narcotic drug of 5+ doses hallucinogen or methamphetamine either to a person under 18 or in a school zone, park zone, or public housing zone.
Possession: 6+ grams cocaine, 50+ grams of other narcotic drug, 100+ doses hallucinogen, 50+ kilos marijuana.
Penalty: 0 to 40 years, 3 year mandatory minimum if prior drug felony; up to $500,000 fine.

Third Degree
Sale: Narcotic drug, 10+ doses hallucinogen, 5+ kilos marijuana, or sale of any Schedule I, II, or III drug (except a Schedule I or II narcotic drug or marijuana) to a person under 18 or employment of person under 18 to sell the same.
Possession: 3+ grams cocaine, 10+ grams of other narcotic drug, 10+ kilos marijuana, and any amount of a Schedule I or II narcotic drug or LSD or methamphetamine or 5+ kilos marijuana in a school zone, park zone, or public housing zone.
Penalty: 0 to 30 years, 2 year mandatory minimum if prior drug felony; up to $250,000 fine. Between 0 to 30 year years, 2nd or subsequent offense.

Fourth Degree
Sale: Any Schedule I, II or II drug (except marijuana), or sale of marijuana in a school zone, park zone, or public housing zone or any Schedule IV or V drug to a person under 18 or conspiracy for the same.
Possession: 10 doses hallucinogen, any amount of a Schedule I, II or III drug
(except marijuana) with the intent to sell it.
Penalty: 0 to 30 years, 1 year mandatory minimum if prior drug felony; up to $100,000 fine.

Fifth Degree
Sale: Marijuana, or any Schedule IV drug.
Possession: All Schedule I, II, III, IV drugs except 42.5 grams or less of marijuana. Any prescription drugs obtained through false pretenses or forgery.
Penalty: 0 to 5 years, 6 month mandatory minimum if prior drug felony; up to $10,000 fine.

Counseling and Treatment Resources

A variety of counseling services and treatment centers are available throughout the state for anyone experiencing problems related to substance abuse. Although most counseling and treatment centers charge for their services, some programs are free of charge. Faculty, staff, and students should consult the following referral sources to identify the services or programs that most closely meet their specific needs. The Student Assistance Program (SAP) is outlined below.

Student Misconduct

Southwest Minnesota State University's student conduct regulations prohibit the unlawful possession, use, or distribution of alcohol and other drugs by students and student organizations except at University sponsored events. The regulations also prohibit other alcohol-related misconduct. Sanctions for violation of these student conduct regulations may include alcohol and/or other drug education, mandated evaluation and treatment, community service, suspension, and/or expulsion.

Student Assistance Program

1. The "On Campus Talking about Alcohol" (OCTAA0) curriculum will serve as the educational portion of the SAP. The curriculum would be presented in three two hour sessions. 
2. This program is mandatory and is consistent with current SMSU policy. The program will be required for those found guilty of violating current SMSU alcohol and other drug policies. Further sanctions may be applied if the governing bodies believe it is necessary based on the circumstances. The program also will be available for any individual seeking help for alcohol or other drug issues.
3. The plan of action for the SAP will be as follows:
   
   First offense: If a student is found accountable for a first time alcohol offense, the student will be sent a letter stating that he/she is required to sign up for and successfully complete the OCTAA program at the next available offering. The Student will be assigned to the OCTAA program through the Student Judicial Affairs office and will be required to pay a $30 fee for the program.
   
   Second offense: The student will be subject to the following action. This will include an appointment with Counseling and Testing Services. The student will be required to sign up for and successfully complete the Drug and Alcohol Assessment at the next available offering. The Student will sign up for the Drug and Alcohol Assessment through Counseling and Testing Services and will be required to pay a $40 fee for the assessment. A clinical assessment may be necessary to determine if addiction counseling or other treatments should be recommended. In addition, the student may be required to provide 40 hours of community service to the campus and/or may be suspended from the residence hall for a minimum of one semester. This will be determined through the Office of Judicial Affairs
   
   Third offense: The student will be permanently evicted from the Residence Halls. In addition, he or she may be referred to Alcohol/Drug addiction counseling such as Project Turnabout or Keystone, for proper evaluation and must complete his or her addiction education program and his or her student status will be in jeopardy.

Employee information on SMSU drug and alcohol policy can be found at the following link:
http://www.doer.state.mn.us/commssnr/ald-use.htm

Resources:

On Campus:

• Counseling and Testing Services (507)537-6150
• Health Services (507)537-7202

Off Campus:

• Alcoholics Anonymous (507)537-1777 Narcotics Anonymous 877-767-7676
• 24 Hour Helpline 800-759-2793
• Project Turnabout: 507-532-2008

Employee Assistance: (Available for all SMSU employees).

Campus Contacts:

• Director, Counseling Services 507-537-7150
• Director, Health Services 507-537-7202
• Human Resources Department 507-537-6208
• University Public Safety 507-537-7252
• Office of Residence Life 507-537-6136
• Office of Student Conduct 507-537-6471