Drug Free Schools and Communities Act
Drug-free Schools and Communities Act amendments
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, at a minimum, 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 re-entry 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.
A. Standards of Conduct
1. Students: The unauthorized use, distribution or possession of illicit drugs or alcohol in violation of Alaska Statutes 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 Fairbanks 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 licensed areas such as Wood Center Pub, or 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.
2. 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 wish to 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 oz. for personal possession -- Class B Misdemeanor
(b) 1 oz. to 1/4 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 (3rd and additional offenses)
Persons under 21 may not knowingly consume or possess alcoholic beverages, except as allowed under AS 04.16.051 (b)
AS 04.16.051 -- Furnishing Alcoholic Beverages to Persons Under 21 -- A Misdemeanor
(a) May not furnish or deliver alcoholic beverages to a 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) by doctor 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 an alcoholic beverage to a person under 21 within licensed premises;
(2) allow a person under 21 to enter and remain on premises, except as stated in AS 04.16.049;
(3) allow a person under 21 to consume alcoholic beverages on premises; or
(4) allow a 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 the sale of alcoholic beverages to a person under 21 by misrepresenting the age of that person.
(c) Person may not order alcoholic beverages from licensee to sell or give to a person under 21.
(d) Person under 21 may not enter licensed premises and misrepresent age to induce licensee to sell or give an 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. 884(a)
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 862
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.
Revocation of certain federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
1. 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 programs available to students include the Student Health and Counseling Center and various support groups.
The University of Alaska Fairbanks Student Health and Counseling Center is located on the second floor of the Whitaker Building. All students who pay the health center fee are eligible for services. Individual counseling is available for free or for a minimal charge. Students may seek information, counseling and/or referral for their own use or for concerns about a friend or relative's use. Group counseling is available for students whose alcohol use has caused some problem in their lives. 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 student health insurance program contains benefits for some inpatient and outpatient substance abuse treatment. Call the insurance coordinator at 474-7043, for more information.
Depending on student interest, a number of support groups related to substance abuse meet on campus. Included are Adult Children of Alcoholics (ACOA), Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) groups. Information about the time and location of these meetings can be obtained by calling the UAF Student Health and Counseling Center at 474-7043.
The university dedicates staff time at the Student Health and Counseling Center to do alcohol assessments and make appropriate referrals. 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 Health and Counseling Center at 474-7043, or Student Services at 474-7317.
Treatment for Employees: Employees with substance abuse problems are strongly encouraged to seek assistance through one of the agencies in the Fairbanks area. Information about local agencies may be obtained by calling the UAF Student Health and Counseling Center at 474-7043 or by calling the agencies directly. Local agencies providing substance abuse treatment and assistance include:
- Al-Anon 456-6458
- Alcoholics Anonymous 456-7501
- Family Recovery Center
- (Fairbanks Memorial Hospital) 458-5540
- Narcotics Anonymous 452-7372
- Ralph Perdue Center 452-6251
- Tanana Chiefs Conference Counseling Center 459-3800
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 474-7700.
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 here.
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), referral for prosecution and referral for treatment/rehabilitation.
|Sanctions imposed under law|
|Unclassified Felony||99 years||$75,000|
|Class A Felony||20 years||50,000|
|Class B Felony||10 years||50,000|
|Class C Felony||5 years||50,000|
|Class A Misdemeanor||1 year||5,000|
|Class B Misdemeanor||90 days||1,000|
Penalties for driving under the influence of an alcoholic beverage and refusal to take a breath test
AS 28.35.030 and AS 28.35.032 — Class A Misdemeanor or Class C Felony
|Fines||Imprisonment||Driver's License Revocation||Possible Loss of Vehicle|
|First Offense||$1,500||$5,000||72 hrs||One year||90 days (minimum)||No|
|Second Offense||$3,000||$5,000||20 days||One year||One year||No|
|Third Offense||$4,000||$5,000||30 days||One year||3 years||Yes|
|Felony Offense||$10,000||$50,000||120 days||One year||Permanent||Yes|
* A person commits the crime of driving under the influence of an alcoholic beverage, inhalant or controlled substance if the person operates or drives a motor vehicle, aircraft or watercraft while under the influence of an alcoholic beverage (.08 percent or higher), intoxicating liquor, inhalant, or any controlled substance, singly or in combination. A person is guilty of refusal to submit to a chemical test if a person under arrest for DUI refuses the request of a law enforcement officer to submit to a chemical test to measure that person’s breath alcohol. The penalties for refusal are exactly those of a conviction for DUI. A person is guilty of a Class C Felony if the person is convicted two or more times of DUI (or similar statutes in other jurisdictions) since January 1, 1996, and within 10 years preceding the date of the present offense.