Alcohol and Drug Policy

The following information is provided to all students, faculty, and staff at Anderson University in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989.

Alcohol and Drugs Standards of Conduct Policy

Anderson University is committed to maintaining a safe, healthy, lawful, and productive study and work environment for all employees and students.

Students enrolled in the undergraduate traditional programs of the University are required to refrain from the possession and/or use of alcohol during the academic year or while participating in University sponsored activities regardless of the time of year.

The University further prohibits all students from being under the influence of alcohol and/or illegal drugs on University property or as part of any University activities, and students are prohibited from using illegal drugs, whether on or off campus, in compliance with state and federal law.

The possession, use, or distribution of illicit drugs by students on University property or as part of any University activities is prohibited. Use or distribution of prescription drugs without a prescription is also prohibited.

Any student who hosts events off-campus where alcohol and/or illegal drugs are present or who permits such an event to be hosted at their residence, and any student who violates South Carolina law that prohibits providing alcohol to one under the age of 21, shall be subject to discipline. The University will impose disciplinary sanctions on students who violate this policy up to and including expulsion and referral for prosecution by law enforcement authorities. A disciplinary sanction may include the completion of an appropriate rehabilitation program.

Good Samaritan Policy

In crisis situations where a student becomes incapacitated by the overuse of alcohol and/or drugs, and where medical attention is necessary for the individual’s safety, Anderson University strongly encourages fellow students and/or bystanders to take responsible action by calling emergency personnel at 911 and Campus Safety (231-2060).

When authorities are called in such circumstances, no formal University disciplinary actions or sanctions will be assigned to the reporting student(s) or the effected individual. If the incident occurs on-campus, Residence Life personnel will be included in the response and the Student Development deans will be notified. The incident will still be documented, and education and/or health intervention may be required as a condition of deferring disciplinary sanctions.

This policy is not intended to protect repeated, flagrant, or serious violations of Anderson University policies, nor does this policy preclude or prevent action by police or legal authorities.

Community Standard Violation Levels

In order to remain fair and consistent in how the University responds to conduct violations, the Student Development staff will normally follow the guidelines below. A student’s specific behavior and any previous violations will be considered in determining the standing. The following list is not meant to be exhaustive but to provide examples of violations and likely outcomes. The full range of sanctions is always available to the University for any violation if warranted by serious and extenuating circumstances. Failure to complete any component of a disciplinary sanction may result in additional disciplinary action.

Level 1

Level 1 violations are generally first time policy infractions that may require a meeting with a Student Development staff member. Some common infractions in this category include but are not limited to the following:

Property damage
Tobacco Policy violation
Appropriate dress violation
Residence hall health and safety violation
Residence hall policy violations (See Residential Housing Policies)

Possible outcomes include but are not limited to warning, loss of privileges, written assignments, restitution, fines, and probation.

Level 2

Level 2 violations include but are not limited to repeat Level 1 violations and the following:

Failure to comply with University Official
First-time RSVP violations
Alcohol policy violation
Gambling
Tampering with Fire Safety equipment
Theft

Possible outcomes include but are not limited to loss of privileges, fines, behavioral agreement, probation, parental notification, and residence hall suspension.

Level 3

Level 3 violations are behaviors that the University considers extremely serious and may lead to suspension or expulsion. Level 3 infractions include but are not limited to repeat Level 2 violations and the following:

Repeated Alcohol policy violations
Repeated RSVP violations
Possession of Firearms
Cohabitation
Sexual activity outside of marriage
Harassment, intimidation, or other forms of bullying
Providing alcohol to a minor
Violation of local, state or federal law
Threats towards individuals or community
Hazing
Possession of drug paraphernalia

Level 4

Level 4 violations are behaviors that cannot be tolerated in the University community and are likely to lead to suspension or expulsion. Level 4 infractions include but are not limited to:

Sexual assault
Illegal drug use
Hosting gatherings where alcohol or illegal drugs are provided by the host or permitting your home to be used for such gatherings.
Violent acts towards individuals or community

Repeated Violations or Non-Compliance

Repeated violations of the Anderson University community values and expectations or noncompliance with sanctions given to the student in response to earlier violations may result in additional and increasingly severe sanctions.

Violation through Implied Consent: Any student’s continued presence in a room or other area where an observable violation of the University’s standards of conduct is ongoing may be considered to be participating in that conduct violation and may be subject to disciplinary action. The student’s implied participation in the misconduct does not depend on whether the student is actively participating in the behavior, is in possession of the prohibited items, or how long the student has been in the room. Examples include, but are not limited to, alcohol/drugs in room or a visitation violation. In order to avoid participation in a conduct violation through implied consent, a student should, if practical, immediately leave the area where a violation of policy is occurring.

Information on Use/Abuse of Alcohol, Tobacco, and Controlled Substances

Effects of Alcohol

Surveys of university students indicate that the drug of choice is alcohol. Student problems associated with alcohol use are many and have an adverse effect on the educational process.

These problems include physical injuries, loss of personal relationships, unwanted/regretted sex, vandalism, poor grades, alcoholism and disciplinary problems.

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. (Taken from: Federal Register. Vol. 55, No. 159. Thursday, August 16, 1990: Rules and Regulations.)

Effects of Tobacco Products

Tobacco products are harmful to individuals when smoked, inhaled or used orally. Tobacco contains over 4,000 different gases, particles and compounds including tar, nicotine, and carbon monoxide. Tobacco smoke “tar” is composed of several thousand chemicals that can damage lung tissue and cause several diseases.

Nicotine is found only in tobacco. It acts as a mild stimulant to the central nervous system and is what causes the addiction to tobacco products. Carbon monoxide, which makes up about 4 percent of tobacco smoke, impairs the oxygen-carrying capacity of the blood to the body’s tissues, literally driving the oxygen out of the red blood cells. At the same time nicotine is causing the heart to work harder, it is depriving the heart of the extra oxygen it needs. Carbon monoxide also promotes cholesterol deposits in arteries, impairs vision and judgment, and reduces attentiveness to sound.

Smoking is the single largest preventable cause of premature death and disability in the United States and is related to 480,000 deaths each year. Statistics indicate that smokers die younger than nonsmokers. Smoking is one of the major risk factors in heart attacks. The use of tobacco has been implicated in cancers of the mouth, larynx, pharynx, esophagus, pancreas, cervix, uterus and bladder. Smoking accounts for approximately 30 percent of all cancer deaths, as a major cause of heart disease, and is linked to colds, gastric ulcers, chronic bronchitis, and emphysema. The American Cancer Society estimates that smoking cigarettes accounts for 87 percent of lung cancer cases among males and 70 percent among females. The effects of other drugs on the body are discussed on the chart on the following pages.

Information about the South Carolina Law: Regarding Alcohol

Underage Purchase/Possession Of Alcohol (63-19-2440)

It is unlawful to purchase or possess beer, wine or liquor if you are under the age of 21. Penalty: A fine of not less than $100 nor more than $200 or imprisonment for not more than 30 days.

Altered Identification or False Information With Intent To Purchase Alcohol (63-19-2450)

It is unlawful to LIE or GIVE false information concerning age in order to purchase beer, wine or liquor.

It is unlawful to POSSESS an altered or invalid driver’s license.

It is unlawful to ALTER a driver’s license

It is unlawful to SELL or issue a false driver’s license

It is unlawful to LEND or use someone else’s driver’s license. (Applies to the lender)

It is unlawful to USE someone else’s driver’s license. (Applies to the user)

Penalty: The unlawful use of altered and/or providing false information ranges from $100 up to $2500 and/or 30 days in jail up to 6 months in jail. Alcohol violations also have the potential of suspending an individual’s driver’s license as well as requiring specialized insurance policies.

Note: The above criminal charges can be issued independently of one another. As a result, multiple charges can be made against the individual using and/or the individual providing false information.

Selling, Giving or Providing Alcohol To Minors (61-4-50)

It is unlawful to GIVE beer, wine or liquor to anyone who is under the age of 21. Penalty: A fine of not more than $200 or imprisonment for not more than 30 days.

It is unlawful to SELL beer, wine or liquor to anyone who is under the age of 21. Penalty: A fine of not less than $5000, imprisonment for not more than 5 years, or both.

Open Container Laws (61-4-110)

It is unlawful to have an open container of beer, wine or liquor in a moving vehicle of any kind, except the trunk or luggage compartment. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.

It is unlawful to have an open container of liquor ANYWHERE except in a private residence, hotel or motel room, licensed mini-bottle establishment, the luggage compartment of a vehicle or a legally constituted private gathering. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.

Public Disorderly Conduct (16-17-530)

It is unlawful for person to be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor. Penalty: A fine of not more than $100 or imprisonment for not more than 30 days.

Driving Under The Influence (56-5-2930)

It is unlawful for a person to drive under the influence (DUI) of alcohol or other drugs, with a blood alcohol content (BAC) level of 0.08% or more. It is unlawful for anyone under the age of 21, to drive a vehicle with a 0.02% blood alcohol content (BAC).

First offense: a fine of $400 or imprisonment for not less than 48 hours nor more than 30 days; driver’s license is suspended for 6 months.

Second offense: a fine of not less than $2100 nor more than $5100 and imprisonment for not less than 120 hours nor more than 1 year; driver’s license suspended for 1 year.

Third offense: a fine of not less than $3800 nor more than $6300 and imprisonment for not less than 60 days nor more than 3 years; driver’s license is suspended for 2 years.

Note: At the judge’s discretion, an ignition interlock device, which attaches to your vehicle’s ignition system to test your BAC before you start the car may be required.

Note: An individual’s driver’s license is often suspended for alcohol violations, especially for a DUI. Furthermore, an individual’s driver’s license is suspended for 6 months if they refuse a breathalyzer test, this is known as implied consent. (56-5-2950)

Felony DUI (56-5-2933) (56-5-2940)

It is unlawful for a person to drive a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face:

A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs.

A mandatory fine of $10,100 to $25,100 ($52,244.50 with assessments and surcharges) and imprisonment from one to 25 years when death occurs.

Tobacco-Free Campus

Anderson University is a tobacco-free campus, meaning that all tobacco products as well as smokeless electronic cigarettes and other similar devices are not to be used on University property. The use of tobacco and related products is also prohibited at Anderson University sponsored off-campus events.

Students are responsible for their own behavior and that of their guests and are expected to comply with the University policy regarding smoking and tobacco use. Because the campus is located in a residential area in which Anderson University seeks to be a good neighbor, use of tobacco and related products is also prohibited on private properties and public areas adjacent to the campus. Non-compliance with this policy may result in disciplinary actions.

Information on Use/Abuse Controlled Substances

A partial list of South Carolina controlled substance laws follows:

Simple Possession Of Marijuana (44-53-370(d)(4))

It is unlawful for a person to be in possession of 1 ounce or less of marijuana.

First offense: not more than 30 days or not less than $100 nor more than $200.

Second and subsequent offenses: not more than 1 year and/or $200 to $1000

Possession Of Amphetamines or Cocaine Base (44-53-375A)

It is unlawful for a person to be in possession of amphetamines or cocaine

First offense: fine of not more than $5,000 or imprisonment for not more than 3 years, or both.

Second offense: fine of not more than $7,500 or imprisonment for not more than 5 years, or both.

Third or subsequent offense: fine of not more than $12,500 or imprisonment for not more than 10 years, or both.

Manufacturing And Trafficking Methamphetamine Or Cocaine Base (44-53-375)

It is unlawful for a person to manufacture, distribute, dispense, deliver, purchase, or otherwise aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

First offense: fine of not more than $25,000 or imprisonment for not more than 15 years, or both.

Second offense, or if the offender has been convicted of 1 or more offense relating to narcotic drugs: fine of not more than $50,000 or imprisonment for not less than 5 years nor more than 30 years, or both.

Third or subsequent offense, or if the offender has been convicted of 2 or more offenses relating to narcotic drugs: fine of not more than $50,000 dollars or imprisonment for not less than 15 years nor more than 30 years, or both.

Distribution Of Controlled Substances Within Proximity Of School (44-53-445)

It is unlawful for a person to distribute, sell, purchase, manufacture, or unlawfully possess with intent to distribute a controlled substance, if the offense occurred within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.

Penalty: Fine not to exceed $10,000, or imprisonment for not more than 10 years, or both. When the violation involves the distribution, sale, manufacture, or possession with intent to distribute crack cocaine -Fine not to exceed $10,000 and imprisonment for not less than 10 years nor more than 15 years. When the violation involves only the purchase of a controlled substance, including crack cocaine-Fine of not more than $1,000 or imprisonment for not more than 1 year, or both.

POSSESSION, MANUFACTURE, AND TRAFFICKING; METHAMPHETAMINE AND COCAINE BASE

Penalty:

1st offense - fine of not more than $25,000 or imprisonment for not more than 15 years, or both.

2nd offense, or if the offender has been convicted of 1 or more offense relating to narcotic drugs - fine of not more than $50,000 or imprisonment for not less than 5 years nor more than 30 years, or both.

3rd or subsequent offense, or if the offender has been convicted of 2 or more offenses relating to narcotic drugs - fine of not more than $50,000 dollars or imprisonment for not less than 15 years nor more than 30 years, or both.

POSSESSION OF METHAPHETAMINE OR COCAINE BASE

Penalty:

1st offense - fine of not more than $5,000 or imprisonment for not more than 3 years, or both.

2nd offense - fine of not more than $7,500 or imprisonment for not more than 5 years, or both.

3rd or subsequent offense - fine of not more than $12,500 or imprisonment for not more than 10 years, or both.

POSSESSION OF SMALL QUANTITIES OF MARIJUANA OR HASHISH

Penalty

1st offense - fine not less than $100 nor more than $200 or imprisonment for a term not to exceed 30 days.

2nd or subsequent offense - fine not less than $200 nor more than $1,000 or imprisonment for not more than 1 year, or both.

DISTRIBUTION OF CONTROLLED SUBSTANCE WITHIN PROXIMITY OF SCHOOL SC Code § 44-53-445 (2012)

(A) It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.

Please contact the Anderson University Campus Safety Department for further information concerning controlled substances. Please note that penalties are subject to change by state and federal guidelines.

Resources and Student/Employee Assistance

Anderson University is a community, and all members of the community are responsible for maintaining order and discipline on the University campus. The Student Development Division serves the primary role of coordination and implementation of Anderson University’s substance abuse policy for students. The division’s position emphasizes the early identification and the intervention into substance use problems experienced by persons. Anderson University offers support to students and staff members thru the following services:

Information

The Thrive Wellness Centers provides current information on the use and abuse of alcohol, tobacco, and drugs. Programs are provided on topics of health care throughout the year. The Director of Health Services is available for consultation with any person.

Information is made available through brochures, journals, books, posters and newsletters to faculty/staff and students. High traffic areas of the campus will be provided with handout materials related to substance use and its consequences.

Education/Programing

Educational experiences are offered by key areas within the University. These experiences include:

• Alcohol Awareness Week - one to two-week emphasis each semester with the focus on substance abuse. Offerings to the general campus population and special groups.

• Presentation of videos, films, and invited speakers on issues of substance use and abuse. These will be provided each semester for students and periodically at faculty and staff meetings.

Counseling/Referral

University counselors may provide counseling or make referrals when appropriate. The University also has a CLGse affiliation with the Anderson/Oconee Alcohol and Drug Abuse Commission, where persons may be referred for assessment and/or treatment. We also have an agreement with the Vocational Rehabilitation of South Carolina Office to refer individuals for counseling and assistance. Students referred to counseling due to drug/alcohol violations must pay for the costs of counseling materials.

PHONE NUMBERS:

Counseling Center 864-622-6078

Anderson University Thrive Wellness Center 864-622-6078

Anderson University Campus Safety 864-231-2060

Anderson-Oconee Alcohol and Drug Abuse Commission 864-260-4168

S.C. Vocational Rehabilitation Office 864-224-6391

Employee Notification of Drug-Related Convictions:

In accordance with the federal Drug-Free Workplace Act of 1988, and as a condition of employment with Anderson University, all employees, including student workers, will:

Abide by the terms of this policy; and
Notify, as appropriate, their supervisor, administrator, dean, vice president, or a responsible University official of any criminal drug statute conviction for a violation occurring in the workplace, NO LATER THAN FIVE DAYS after such a conviction. If a federal grant is involved, the Office of Financial Aid must be notified immediately. Failure to make such notification within the five day time limit may result in disciplinary action, up to and including termination.

Within thirty calendar days of receipt of notice of such conviction, the responsible University official, in coordination with the University President, must take appropriate personnel action regarding the employee, up to and including immediate termination; or, require the employee at his/her own expense to participate successfully, and provide evidence of such participation, in a drug abuse assistance or rehabilitation program, provided for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

A student who receives a federal Pell grant, and who is convicted of a criminal drug offense that occurred during the period of enrollment covered by the grant, must report the conviction in writing to: Director, Grants and Contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W., Room 3124, GSA Regional Service Building No. 3, Washington, D.C. 20202-4571. This report must be made within ten calendar days of the conviction. Failure to report such a conviction may subject the student to suspension or termination of the Pell grant, and ineligibility for other types of federal financial assistance. All relevant employee and student publications will contain a statement of the University’s Drug and Alcohol Policy.

Note: a “legal drug” is a prescribed drug or over-the-counter drug which has been legally obtained and is being legally used for the purpose of which it was prescribed or manufactured. An “illegal drug” is any drug or controlled substance, including alcohol, not legally obtainable or possessed, or is legally obtainable but not legally obtained, possessed, or used.

The University recognizes that alcoholism and drug dependency are “illnesses” and “disorders,” and the University will provide information to any employee or student seeking assistance. Employees and students will not be discriminated against because they responsibly seek help with their illnesses or disorders, but the institution will have “zero tolerance” for users and abusers who do not responsibly seek and utilize counseling and treatment services. The University will maintain reasonable confidentiality regarding information concerning an employee or student’s diagnosis and treatment, except in cases wherein notification to state and federal authorities is required by law.

The University has established a drug and alcohol abuse prevention program for students and employees. The Senior Vice President for Student Development has been designated as the University official primarily responsible for the University’s program and for compliance with all drug and alcohol laws applicable to the University, including but not limited to The Drug-Free Schools and Community Act. Students and employees shall receive materials annually that contain standards of conduct regarding alcohol and drugs, a description of the various laws that apply in Anderson and at Anderson University, a description of the various health risks of drug and alcohol abuse, a description of counseling and treatment programs that are available, and a statement on the sanctions the University can impose for a violation of the standards of conduct. The University will conduct a biennial review of the program. A copy of that review and other compliance documents will be maintained for three years after the fiscal year in which the record was created.