Drug Free Schools and Communities Act and Drug Free Workplace Act
As required by the federal ‘Drug-Free Workplace Act of 1988,’ the State System of Higher Education (including Shippensburg University) hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the Commonwealth’s employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy, or other personnel policies adopted by the Board of Governors.” The Commonwealth of Pennsylvania Substance Abuse Policy and Drug Free Workplace Act also prohibits the inappropriate use of alcohol or other controlled drugs while on duty or in any Commonwealth workplace by employees, visitors, or students.
In addition to the above, the University’s policy is amended consistent with the Drug-Free Schools and Communities Act Amendments of 1989 to include students with the unlawful possession, use, or distribution of alcohol. Violators will be subject to the panoply of legal actions.
Employee Resources:
https://www.passhe.edu/hr/benefits/seap.html
https://www.ship.edu/about/offices/hr/health-and-safety/well_being_initiative/
Student Resources:
Shippensburg University - Alcohol and Other Drugs
Shippensburg University - Health & Wellness - Connection AOD Program Policies
The Connection AOD (Alcohol and Other Drugs) Program's mission is to cultivate a sense of personal accountability and empowerment within our students. We strive to educate, so students can make healthy choices and responsible decisions regarding the use of alcohol and other drugs.
Resources for Students, Faculty, Staff, Parents and Families can be found here.
Shippensburg University upholds all federal, state, and local laws as well as their own policies and procedures for alcohol and other drugs. These policies can be found beginning on page 109 of the Student Handbook. The Shippensburg University community is encouraged to read and become familiar with this section.
The legal ramifications of misuse of alcohol and/or controlled substances (drugs) are serious and varied, depending on the circumstances involved. The penalties are determined by examining each individual case. A person can be arrested or cited for violations ranging from summary through felony offenses. Shippensburg University students and employees can be referred for prosecution for a violation of the law.
University Sanctions
The “Shippensburg University Student Code of Conduct and Judicial Process,” as published in the student handbook, the handbook, outlines the rules for students pertaining to alcohol and other drugs. Students are also subject to the provisions of the “Judicial Sanctioning Guidelines for Violations of Drug and Alcohol Policies” as published within the handbook.
Employees in violation of the Drugfree Workplace Policy may be required to contact the State Employee Assistance Program and comply with SEAP recommendations as a condition of continued employment. Employees are also subject to corrective action up to and including termination of employment as provided in Commonwealth of PA Personnel Rules, M. D. 505.7; Section 7.173 of the Pennsylvania Code, Governor’s Code of Conduct; and SSHE and University policy, as applicable.
Local Sanctions
Shippensburg Borough Ordinance #485-Public consumption, possession of alcoholic beverage: Penalty of $25 fine and costs, or a maximum of five days in jail.
Employee & Student Services
Employees in need of counseling or rehabilitation services should contact the State Employee Assistance Program via the Shippensburg University human resources office. Students in need of counseling or rehabilitation services are encouraged to contact the dean of students office.
Students seeking counseling, treatment, rehabilitation, or reentry services should contact the coordinator of drug and alcohol education programs at extension 1165. The coordinator will provide confidential information and consultation regarding alcohol or drug problems, campus resources, and self-help organization such as AA, ACOA, ALANON, NA. For those who require it, referrals can be made for inpatient drug and alcohol treatment off campus. Individuals who undergo treatment will be expected to follow the prescribed aftercare program.
Requirements and Penalities
The Office of Financial Aid is compelled by the federal government to ensure that students who qualify for Pell Grants certify that they will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during the period covered by the grant. The university must provide a similar statement with each grant or contract application submitted to a federal agency for funding. Individuals who do not make such a certification, and those who violate its terms, will lose federal funds.
Educators are Affected
Shippensburg University students who intend to become educators need to be aware that Pennsylvania House Bill 1139 requires prospective employees of public and private schools, intermediate units, and area vocational and technical schools submit, with their employment applications, a report of criminal history information from the Pennsylvania State Police or a statement from the State Police that the central repository contains no such information relating to them.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
21 U.S.C. 844 (a)
First conviction: up to one year in prison and fined $1,000 to $100,000, or both.
After one prior drug conviction: 15 days to two years in prison, and fined $2,500 to $250,000, or both.
After two or more prior drug convictions: 90 days to 3 years in prison and fined $5,000 to $250,000 or both.
Special sentencing provision 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 amount of crack possessed exceeds 5 grams
- b) second crack conviction and amount of crack possessed exceeds 3 grams
- c) third or subsequent crack conviction and 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 one year imprisonment (See special sentencing provision for crack.)
21 U.S.C. 881 (a) (4)
Forfeiture of vehicles, boats, aircrafts, or any other conveyance used to transport or conceal a controlled substance.
21 U.S.C. 844 a
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853 a
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.
Note: These are only federal penalties and sanctions. Additional state penalties and sanctions may apply.
State Alcohol & Other Drug Violations & Penalties
Alcohol Sanctions
Misrepresentation of age to secure liquor or malt or brewed beverages
Penalty: First Offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Second offense Misdemeanor - Fine: up to $4,500 - Jail
Operator’s license suspended
Purchase, consumption, possession, or transportation of liquor or malt or brewed beverages
Penalty: First Offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Second Offense - Fine: up to $500 - Jail
Operator’s license suspended
Representing that minor is of age
Penalty: Misdemeanor - Fine: NLT * $300
Inducement of minors to buy liquor or malt or brewed beverages
Penalty: Misdemeanor - Fine: NLT $300
Selling or furnishing liquor or malt or brewed beverages to minors
Penalty: First Violation Misdemeanor - Fine: NLT $1,000
Penalty: Subsequent Viol. - Fine: $2,500 for each
Manufacture or sale of false identification cards
Penalty: First Violation Misdemeanor - Fine: NLT $1,000
Penalty: Subsequent Viol. - Fine: NLT $2500 for each
Carrying a false I.D. card
Penalty: First Violation Summary offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Subsequent viol. Misdemeanor - Fine: up to $500 - Jail
Operator’s license suspended
Restrictions on alcoholic beverages
The driver of any vehicle may not consume any alcoholic beverage or or illegal drug
Penalty: Summary Offense - Fine: up to $300 - Jail/Prison: up to 30 days
Operator’s license suspended
Operator’s license suspensions:
First Offense 90 days
Second Offense 1 year
Third & Subsequent Offenses 2 years
Driving under the influence of alcohol or controlled substance
Penalty: Misdemeanor - Fine: NLT $300 - Jail/Prison NLT 48 hours
Second Offense Jail/Prison: NLT 30 days
Third Offense Jail/Prison: NLT 90 days
Fourth Offense Jail/Prison: NLT 1 year
Homicide by vehicle while driving under the influence
Penalty: Felony - Jail/Prison: NLT 3 years
Revocation of operating privileges
Other violations include bringing alcoholic beverages into the state without paying Pennsylvania taxes, and selling or offering for sale alcoholic beverages without a liquor license. Violations of these laws can result in fines, imprisonment, and confiscation of vehicles. (*NLT means not less than)
Illicit Drug Sanctions
Possession of controlled or counterfeit substance
Misdemeanor
Fine up to $5,000
Jail up to 1 year
Purchase of controlled substance
Misdemeanor
Fine up to $5,000
Jail up to 3 years
Manufacture, delivery, or possession by an unauthorized person
Narcotic drugs
Felony
Fine up to $250,000
Jail up to 15 years
Methamphetamine—cocoa leaves, marijuana (in excess of 1,000 pounds)
Felony
Fine up to $100,000
Jail up to 10 years
Opiates—hallucinogenic substances, marijuana
Felony
Fine up to $15,000
Jail up to 5 years
Barbiturates
Felony
Fine up to $10,000
Jail up to 3 years
Codeine, morphine, atropine
Misdemeanor
Fine up to $5,000
Jail up to 1 year
Possession of a small amount of marijuana for personal use (30 gms marijuana or 8 gms hashish)
Misdemeanor
Fine up to $500
Jail up to 30 days
Use or delivery of drug paraphernalia
Misdemeanor
Fine up to $25
Jail up to 1 year
Possession or distribution of “look alike drugs” having depressing or stimulating effect
Felony
Fine up to $10,000
Jail up to 5 years
Manufacture, sale, or delivery, holding, offering for sale, or possession of any controlled substance that is altered or misbranded
Misdemeanor
Fine up to $5,000
Jail up to 1 year
Trafficking drugs to minors within 1,000 feet if a school, college, or university.
At least 1 year confinement, 2 years imprisonment
Penalties under the Controlled Substance Act (CSA) Federal Trafficking Penalties
The Controlled Substance Act (CSA) provides for unlawful manufacturing, distribution, and dispensing of controlled substances. The penalties are basically determined by the schedule of the drug or other substance, and sometimes are specified by drug name, as in the case of marijuana. As the statute has been amended since its initial passage in 1970, the penalties have been altered by Congress. The above charts are
an overview of the penalties for trafficking or unlawful distribution of controlled substances. This is not inclusive of the penalties provided under the CSA.
Students who intend to become educators should be aware that state law requires that a report of their criminal history be submitted with their job applications.