Alcohol and Other Drugs Policy and Prevention Programs for Students

Dear USI student:

We want the University of Southern Indiana to be a safe environment for our employees and students. A policy regarding the abuse of drugs and alcohol has been formulated and is being distributed to inform faculty, staff, and students of consequences of abuse of drugs and alcohol on the campus. Through your commitment to becoming a member of our campus community, you have agreed to abide by these policies.

To become acquainted with these policies, visit www.usi.edu/deanofstudents or www.usi.edu/rfw/aod. Your continued cooperation and commitment is essential in order to keep USI free of illicit drugs and illegal use of alcohol. This is your University, please keep it safe for yourself and your friends.

Linda L. M. Bennett
President

Campus Policy

The University of Southern Indiana prohibits the illegal manufacture, possession, use, and/or distribution of drugs and alcohol by students, employees, and visitors on University-owned or -leased property or as a part of any ”University activities” as that term is defined by the University.

The University expects the cooperation and commitment of all students and employees in maintaining an environment free of illicit drugs and illegal use of alcohol. Students and other campus constituents are deemed to be adults responsible for their own behavior and are expected to obey the law and University rules regarding drugs and alcohol.

The University is committed to supporting a safe and healthy environment for all students and in response to Indiana’s Life Line law, the University has adopted a “Medical Amnesty” policy. This policy states that if a friend is experiencing a medical emergency from drinking too much, consuming a drug, or any other reason, students should call for help.

On campus, call Public Safety (812-492-7777) and off campus, call 9-1-1.

Students should stay with their friend(s) and answer any questions that the responders have regarding the situation. By doing so, they will be acting as good friends to their peers, good members of the University community, and may have some protections from University and legal penalties. The complete policy is outlined in the Community Standards section of the Student Handbook.

Campus policies on drugs and alcohol abuse are monitored by the Dean of Students Office and the Substance Abuse Prevention Committee composed of administrators, faculty, staff, and students who will recommend policy changes as needed.

To learn more about the University’s most current alcohol and drug policies, please review the Community Standards section of the Student Handbook, available on the Dean of Students website: www.usi.edu/deanofstudents/code.

Assistance With Drug or Alcohol Concerns

Services are available to help students with issues concerning substance use. Interventions range from educational presentations, on-campus professional counseling, and referrals to community support groups and agencies, as appropriate.

The Counseling Center

The USI Counseling Center is available to discuss a potential problem or to help arrange for counseling. Except for limited circumstances, conversations with professional counselors are strictly confidential, and information is not released without a student’s consent.

Assistance is often provided within the Counseling Center. However, depending on a student’s particular needs, a referral to a community agency may be provided.

How Would I Pay?

All services are supported by tuition and student fees, and students do not need to pay extra to access counseling services. However, students found responsible for certain violations of the Code of Student Behavior may be charged an additional administrative fee for a Substance Use Assessment. Should a referral to an outside agency be provided, fees are determined by that agency.

Where Do I Start?

• If you think a friend or acquaintance has a problem with substance use/abuse, PLEASE don’t diagnose! Encourage this person to seek professional assistance.
• If you think you or a friend might have a problem with substance use/abuse, talk with your faculty advisor, instructors, student housing personnel, and/or the staff in the Student Health Center (812-465-1250), USI Counseling Center (812-464-1867), or Dean of Students Office (812-464-1862). You can also file a report with the CARE team to have University personnel reach out to the student.
• Go to the Counseling Center’s web page and the University’s “Alcohol & Drug Prevention and Intervention” web page to get factual information, take a free screening, learn about USI’s policies and legal penalties, and to get information about USI’s medical amnesty and Safe Ride programs. If you need to report an infraction of the Code of Student Behavior, contact the Dean of Students Office at 812-464-1862 or USI Public Safety at 812-464-1845.
• In case of an on-campus emergency, contact Public Safety at 812-492-7777 (campus extension 7777). When a student is intoxicated or under the influence of drugs/controlled substances and seeks medical assistance, s/he may be granted amnesty from formal disciplinary action by the University for violating alcoholic beverage or drug/controlled substance policies.

State Penalties and Legal Sanctions for Drug/Alcohol

Drug Use

Title 35, Article 48 of the Indiana Criminal Code provides the applicable legal sanctions under local and state law for the unlawful possession or distribution of illicit drugs. Some examples of these sanctions follow:

(1) Possession of a Controlled Substance; obtaining a schedule V controlled substance: (a) A person who, without a valid prescription or order of a practitioner acting in the course of his professional practice, knowingly or intentionally possesses a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana or hashish, commits possession of a controlled substance, a Class D felony. However, the offense is a Class C felony if the person in possession of the controlled substance possesses the controlled substance: (1) On a school bus; or (2) in, on, or within one thousand (1,000) feet of: (A) school property; (B) a public park; (C) a family housing complex; or (D) a youth program center. (Indiana Code 35–48–4–7)
(2) Possession of marijuana, hash oil, or hashish: A person who: (1) Knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish; (2) Knowingly or intentionally grows or cultivates marijuana; or (3) Knowing that marijuana is growing on his premises, fails to destroy the marijuana plants; commits possession of marijuana, hash oil, or hashish, a Class A misdemeanor. However, the offense is a Class D felony (i) if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil or hashish, or (ii) if the person has a prior conviction of an offense involving marijuana, hash oil or hashish. (Indiana Code 35–48–4–11)
(3) Possession of cocaine or a narcotic drug: (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses cocaine (pure or adulterated) or a narcotic drug (pure or adulterated) classified in schedule I or II, commits possession of cocaine or a narcotic drug, a Class D felony, except as provided in subsection (b). (b) The offense is: (1) a Class C felony if (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or (B) the person was also in possession of a firearm (as defined in Indiana Code 35–47–1–5); (2) A Class B felony if the person in possession of the cocaine or narcotic drug possesses less than three (3) grams of pure or adulterated cocaine or a narcotic drug: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center; and (3) a Class A felony if the person possesses the cocaine or narcotic drug: in an amount (pure or adulterated) weighing at least three (3) grams: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. (Indiana Code 35–48–4–6)
(4) Possession of methamphetamine: (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses methamphetamine (pure or adulterated) commits possession of methamphetamine, a Class D felony, except as provided in subsection (b). (b) The offense is: (1) a Class C felony if: (A) the amount of the drug involved (pure or adulterated) weighs three (3) grams or more; or (B) the person was also in possession of a firearm (as defined in Indiana Code 35-47-1-5); (2) a Class B felony if the person in possession of the methamphetamine possesses less than three (3) grams of pure or adulterated methamphetamine: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center; and (3) a Class A felony if the person possesses the methamphetamine in an amount (pure or adulterated) weighing at least three (3) grams: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. (Indiana Code 35-48-4-6.1)
(5) Possession of paraphernalia: (a) A person who possesses a raw material, an instrument, a device, or other object that the person intends to use for: (1) introducing into the person’s body a controlled substance; (2) testing the strength, effectiveness, or purity of a controlled substance; or (3) enhancing the effect of a controlled substance in violation of this chapter commits a Class A infraction for possessing paraphernalia. (b) A person who knowingly or intentionally violates subsection (a) commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated judgment or conviction under this section. (c) A person who recklessly possesses a raw material, an instrument, a device, or other object that is to be used primarily for: (1) introducing into the person’s body a controlled substance; (2) testing the strength, effectiveness, or purity of a controlled substance; or (3) enhancing the effect of a controlled substance; in violation of this chapter commits reckless possession of paraphernalia, a Class B misdemeanor. However, the offense is a Class D felony if the person has a previous judgment or conviction under this section. (Indiana Code 35–48–4–8.3)
(6) Unlawful manufacture, distribution, or possession of counterfeit substance: (a) A person who knowingly or intentionally: (1) manufactures; (2) finances the manufacture of; (3) advertises; (4) distributes; or (5) possesses with intent to manufacture, finance the manufacture of, advertise, or distribute; a substance described in section 4.5 (Indiana Code 35–48–4–4.5) of this chapter commits a Class C felony. (b) A person who knowingly or intentionally possesses a substance described in Section 4.5 of this chapter commits a Class C misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous conviction under this section. (Indiana Code 35–48–4–4.6)
(7) Dealing in marijuana, hash oil, or hashish: (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, or hashish, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; marijuana, hash oil, or hashish, pure or adulterated; commits dealing in marijuana, hash oil or hashish, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is: (1) A Class D felony if: (A) the recipient or intended recipient is under eighteen (18) years of age; (B) the amount involved is more than thirty (30) grams but less than ten (10) pounds of marijuana or two (2) grams but less than three hundred (300) grams of hash oil or hashish; or (C) the person has a prior conviction of an offense involving marijuana, hash oil, or hashish; and (2) a Class C felony if the amount involved is ten (10) pounds or more of marijuana or three hundred (300) or more grams of hash oil or hashish or the person delivered or financed the delivery of marijuana, hash oil, or hashish: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. (Indiana Code 35–48–4–10)
(8) Dealing in cocaine or a narcotic drug: (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Class B felony, except as provided in subsection (b). (b) The offense is a Class A felony if: (1) the amount of the drug involved weighs three (3) grams or more; (2) the person: (A) delivered; or (B) financed the delivery of the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or (3) the person manufactured, delivered or financed the delivery of the drug: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. (Indiana Code 35–48–4–1)
(9) Dealing in methamphetamine: (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; methamphetamine, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; methamphetamine, pure or adulterated; commits dealing in methamphetamine, a Class B felony, except as provided in subsection (b). (b) The offense is a Class A felony if: (1) the amount of the drug involved weighs three (3) grams or more; (2) the person: (A) delivered; or (B) financed the delivery of; the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or (3) the person manufactured, delivered, or financed the delivery of the drug: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. Indiana Code 35-48-4-1.1
(10) Visiting or maintaining a common nuisance: (a) A person who knowingly or intentionally visits a building, structure, vehicle or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor; (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times: (1) by persons to unlawfully use controlled substances; or (2) for unlawfully: (A) manufacturing; (B)keeping; (C) offering for sale; (D) selling; (E) delivering; or (F) financing the delivery of: controlled substances, or items of drug paraphernalia as described in Indiana Code 35–48–4–8.5; commits maintaining a common nuisance, a Class D felony. (Indiana Code 35–48–4–13)
(11) Driver’s licenses and motor vehicle registration; suspension: (a) if a person is convicted of an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, or conspiracy to commit an offense under section 1, 2, 3, 4, 5, 6, 7, 10, or 11 of this chapter, and the court finds that a motor vehicle was used in the commission of the offense, the court shall, in addition to any other order the court enters, order that the person’s: (1) operator’s license be suspended; (2) existing motor vehicle registrations be suspended; and (3) ability to register motor vehicles be suspended by the bureau of motor vehicles for a period specified by the court of at least six (6) months but not more than two (2) years. If a person is convicted of an offense described in subsection (a) and the person does not hold an operator’s license or a learner’s permit, the court shall order that the person may not receive an operator’s license or a learner’s permit from the bureau of motor vehicles for a period of not less than six (6) months. (Indiana Code 35–48–4–15).
(12) Taking a juvenile or endangered adult to a location used for drug sale, manufacture, or possession: A person who recklessly, knowingly, or intentionally takes a person less than eighteen (18) years of age or an endangered adult (as defined in IC 12-10-3-2) into a building, structure, vehicle, or other place that is being used by any person to: (1) unlawfully possess drugs or controlled substances; or (2) unlawfully: (A) manufacture; (B) keep; (C) offer for sale; (D) sell; (E) deliver; or (F) finance the delivery of drugs or controlled substances commits a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section. (Indiana Code 35-48-4-13.3).

Alcohol Use

Title 7.1, Article 5 of the Indiana Code provides the applicable legal sanctions under local and state law for illegal possession and use of alcoholic beverages. Some examples of these sanctions follow:

(1) Public intoxication prohibited. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person’s use of alcohol or a controlled substance (as defined in Indiana Code 35–48–1–9; Indiana Code 7.1–5–1–3).
(2) Illegal possession. (a) It is a Class C misdemeanor for a minor to knowingly: (1) possess an alcoholic beverage (2) consume it; or (3) transport it on a public highway when not accompanied by at least one (1) of his parents or guardians. (Indiana Code 7.1–5–7–7).
(3) Sales to minors prohibited. It is a Class C misdemeanor for a person to recklessly sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor (Indiana Code 7.1–5–7–8).
(4) Minors in taverns prohibited. It is a Class C misdemeanor for a minor to recklessly be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. In addition to other penalties under this subsection, the minor’s driver’s license shall be suspended for up to one (1) year in accordance with Indiana Code 9–24–18–8 and Indiana Code 9–30–4–9 (Indiana Code 7.1–5–7–10).
(5) False statements of age. (a) It is a Class C infraction for a minor to make a false statement of the minor’s age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage. (b) In addition to the penalty under subsection (a), a minor who: (1) uses a false or altered driver’s license or the driver’s license of another person as evidence of majority under this section; or (2) is convicted of purchasing or procuring an alcoholic beverage with or without using a false or altered driver’s license; shall have the minor’s driver’s license suspended for up to one (1) year in accordance with Indiana Code 9–24–18–8 and Indiana Code 9–30–4–9. (Indiana Code 7.1–5–7–1).
(6) Furnishing false evidence of identification. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate a provision of this title (Indiana Code 7.1–5–7–2).
(7) Possession of false identity. It is a Class C infraction for a minor to have in his possession false or fraudulent evidence of majority or identity with the intent to violate a provision of this title (Indiana Code 7.1–5–7–3).
(8) Statement of age. A permittee shall have the right to demand of a customer a signed written statement, on a form prescribed by the commission, that the customer is not a minor. It is a Class C infraction for a minor to misrepresent his age on the statement (Indiana Code 7.1–5–7–4).(9) Sales to intoxicated person prohibited. It is unlawful for a person to sell, barter, deliver, or give away an alcoholic beverage to another person who is in a state of intoxication if the person knows that the other person is intoxicated. (Indiana Code7.1–5–10–15).
(10) Person furnishing alcoholic beverage; civil liability for damages; “furnish” defined. (a) As used in this section, “furnish” includes barter, deliver, sell, exchange, provide, or give away. (b) A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless: (a) the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and (2) the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint. (Indiana Code 7.1–5–10–15.5).
(11) Driving while intoxicated penalty. A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol per: (1) one hundred (100) milliliters of the person’s blood; or (2) two hundred ten (210) liters of the person’s breath; commits a Class C misdemeanor (Indiana Code 9–30–5–1). The penalty can be 60 days in jail and a $500 fine (Indiana Code 35–50–3–4). A person who drives a vehicle while intoxicated can be charged with a Class A misdemeanor with a penalty of up to one year in jail and a $5,000 fine (Indiana Code 9–30–5–1 and Indiana Code 35–50–3–2). A second offense or beyond, occurring during a five-year period, is a Class D felony (Indiana Code 9–30–5–3), with a penalty of six months to three years in prison and up to a $10,000 fine (Indiana Code 35–50–2–7). It is a Class D felony if a driver is under the influence and causes an accident involving bodily injury, and a Class C felony where an accident involves a death (Indiana Code 9–30–5–4; Indiana Code 9–30–5–5). The Class C felony carries a penalty of two to eight years in prison and up to a $10,000 fine (Indiana Code 35–50–2–6).
(12) Visiting or maintaining a common nuisance. (a) A person who knowingly or intentionally visits a building, structure, vehicle or other place that is used by any person to unlawfully use a controlled substance commits visiting a common nuisance, a Class B misdemeanor. (b) A person who knowingly or intentionally maintains a building, structure, vehicle, or other place that is used one (1) or more times: (1) by persons to unlawfully use controlled substances; or (2) for unlawfully: (A) manufacturing; (B) keeping; (C) offering for sale; (D) selling; (E) delivering; or (F) financing the delivery of: controlled substances, or items of drug paraphernalia as described in Indiana Code 35–48–4–8.5; commits maintaining a common nuisance, a Class D felony. (Indiana Code 35–48–4–13).

Federal Panalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844 (a): 1st conviction: Up to 1 year imprisonment and fined at least $1,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000. Special sentencing provisions for possession of a mixture or substance which contains cocaine base: Mandatory at least 5 years in prison, not to exceed 20 years and fined a minimum of $1,000, if: (a) 1st conviction and the amount possessed exceeds 5 grams, (b) 2nd conviction under this subsection and the amount possessed exceeds 3 grams, (c) 3rd or subsequent conviction under this subsection and the amount 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.
21 U.S.C. 881 (a) (4): Forfeiture of all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance.
21 U.S.C. 844a: Civil fine of up to $10,000 for each violation.
21 U.S.C. 862 (b): Denial of Federal benefits to drug possessors, up to 5 years for first offense, up to 10 years for second offense, for third or subsequent conviction be permanently ineligible for all federal benefits.
18 U.S.C. 922 (g): Ineligible to receive or purchase a firearm.
Miscellaneous: Students convicted of drug crimes are prohibited from receiving Federal Financial Aid for specified periods of time. Revocation of certain Federal licenses and benefits, e.g. pilot licenses, etc., are vested within the authorities of individual Federal agencies. NOTE: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Federal Trafficking Penalties

Federal penalties and sanctions current as of January 2014. www.justice.gov/dea/druginfo/ftp3.shtml