Drug and Alcohol Abuse Prevention Program Notice

Federal Drug-Free Schools and Communities Amendment Act (Public Law 101 - 226)

As a requirement of these regulations, ŷ��ַ is to disseminate and ensure receipt of the below policy/information to all students, staff, and faculty on an annual basis. This is formally conducted through the PAWS/BANNER system. Questions concerning this policy and/or alcohol and other drug programs, interventions and policies may be directed to Dr. Eric S. Davidson at esdavidson@eiu.edu or 217/581-7786 or Mrs. Emma Noble, Assistant Director of EIU Health and Counseling Serivces, at eawelton@eiu.edu or 217-581-7786.

Polices - Alcohol, Other Drugs, and Weapons

As an academic community, ŷ��ַ is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

Providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
Distribution, possession, or use of illegal drugs or controlled substances.
Possession of firearms or other dangerous weapons.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Student Conduct Code. The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

The University strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of, or addiction to, alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Student Conduct Code or staff expectations, and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. The University Counseling Center (217/581-3413), the Employee Assistance Program (1-866-659-3848), and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. The Health Service's Health Education Resource Center provides educational and awareness programming, information, and assistance.

Student Sanctions - Alcohol, Other Drugs, and Weapons

Underage students confronted by the institution for the consumption of alcohol will face disciplinary sanctions ranging from a University Reprimand, fines of up to $200, disciplinary probation or suspension.

Students whose use of alcohol or drugs results in harm or the threat of harm to themselves or others, or to property, regardless of the location of the incident, may face disciplinary action by the University up to and including expulsion. Testing for the presences of illegal substances may be a condition of any probationary status imposed by the University for violations of drug-related provisions of this policy. Testing for illegal drugs shall be performed using a urine sample collected with a chain-of-custody and will include testing for the following substances: cocaine, marijuana, opiates, amphetamines, methamphetamines, and phencyclidines. All drug testing will include review by a qualified Medical Review Officer (MRO) and an "MRO Positive" result will be considered a positive result. Any student with a positive result, as described above, may face disciplinary action by the University up to and including expulsion.

Commonly Imposed Disciplinary Sanctions For On-Campus Policy Violations

Policy Violation	Typical Monetary Sanction - 1st Offense	Other Typical Sanctions - 1st Offense	Typical Sanctions - 2nd Offense
Underage Possession of Alcohol	$50	Alcohol Education Program	Parental Notification if under 21, Monetary Sanction, Possible Disciplinary Probation.
Open Alcohol In A Public Area	$50	Alcohol Education Program	Monetary Sanction, Possible Disciplinary Probation.
Possession of Kegs	$100	Alcohol Education Program	Parental Notification if under 21, Monetary Sanction, Possible Disciplinary Probation.
Single Incident of Possession of Marijuana For Personal Use	$150	Marijuana Education Program and/or Disciplinary Probation	Suspension
Possession of More Than One Ounce of Marijuana	$150	Marijuana Education Program, Disciplinary Probation, Suspension and/or Expulsion	Suspension or Expulsion
Possession of Any Amount of "Hard" Drugs (Cocaine, PCP, etc.)		Suspension or Expulsion	Suspension or Expulsion
Conveying Marijuana or A Controlled Substance To Another Person		Suspension or Expulsion	Suspension or Expulsion
Possession of Firearms or Other Dangerous Weapons		Suspension or Expulsion	Suspension or Expulsion

As members of the University community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from the same incident for which the University imposes disciplinary sanctions.

Employee Sanctions

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by employees on University premises, or while conducting University business off University premises, is absolutely prohibited.

Violations of this prohibition by employees may result in the application of sanctions, including possible required participation in an approved drug abuse assistance or rehabilitation program, and disciplinary action up to and including termination of employment under applicable Board of Trustees regulations, University policies, statues, employment contracts, or collective bargaining agreements.

Illinois Sanctions For Violation of Alcohol Control Statutes

235 Illinois Compiled Statutes 5/6-20

Class A Misdemeanor - unlawful use of a identification card
Class 4 Felony - fictitious or unlawfully altered identification card
Class 4 Felony - fraudulent identification card
Class B Misdemeanor to possess or sell alcohol if you are under 21.*
Class A Misdemeanor to sell, give, or deliver alcohol to individuals under 21 years of age. Local ordinances may also be enforced.

Class A Misdemeanors are punishable with a fine of $1 to $2,500 and up to 1 year in the county jail.

Class B Misdemeanors are punishable with a fine of $1 to $1,500 and up to 6 months in the county jail.

These violations may also result in one's driver's license being administratively revoked or suspended by the Illinois Secretary of State's office.

Illinois Sanctions For Driving Under The Influence

625 Illinois Compiled Statutes 5/11-501

Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
1. First Conviction
  1. Minimum of one-year loss of full driving privileges
  2. Possible imprisonment for up to one year
  3. Maximum fine of $2,500
2. Second Conviction
  1. Minimum five-year loss of full driving privileges for a second conviction in a 20-year period
  2. Mandatory five days imprisonment or 240 hours of community service
  3. Possible imprisonment for up to one year
  4. Maximum fine of $2,500
3. Third Conviction - Class 2 Felony
  1. Minimum ten-year loss of full driving privileges
  2. Mandatory 18-30 month periodic imprisonment
  3. Possible imprisonment for up to seven years
  4. Maximum fine of $25,000
4. Aggravated DIU - Class 4 Felony (following a crash resulting in great bodily harm or permanent disfigurement)
  1. Minimum of one-year loss of full driving privileges
  2. Mandatory ten days imprisonment or 480 hours of community service
  3. Possible imprisonment for up to twelve years
  4. Maximum fine of $25,000
Other alcohol offenses
1. Providing alcohol to a person under age 21
  1. Possible imprisonment for up to one year
  2. Maximum fine of $2,500
2. Illegal transportation of an alcoholic beverage
  1. Maximum fine of $1,000
  2. Point-assigned violation will be entered on drivers record
  3. Drivers license suspension for a second conviction in a 12 month period
3. Knowingly permitting a driver under the influence to operate a vehicle
  1. Possible imprisonment for up to one year
  2. Maximum fine of $2,500
4. Summary Suspension
  1. First offense
    1. A chemical test indication a BAC of .08 or greater results in a mandatory six-month drivers license suspension
    2. Refusal to submit to a chemical test(s) results in a twelve-month suspension
  2. Subsequent offenses
    1. A chemical test indicating a BAC of .08 or greater results in a mandatory one-year drivers license suspension
    2. Refusal to submit to a chemical test(s) results in a three-year license suspension

Illinois Penalties For Drinking and Driving Under Age 21

Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
1. First Conviction
  1. Minimum of two-year loss of full driving privileges
  2. Possible imprisonment for up to one year
  3. Maximum fine of $2,500
2. Second Conviction
  1. Minimum five-year loss of full driving privileges for a second conviction in a 20-year period
  2. Mandatory five days imprisonment or 240 hours of community service
  3. Possible imprisonment for up to one year
  4. Maximum fine of $2,5000
3. Third Conviction – Class 2 Felony
  1. Minimum ten-year loss of full driving privileges
  2. Mandatory 18-30 month periodic imprisonment
  3. Possible imprisonment for up to seven years
  4. Maximum fine of $25,000
4. Aggravated DUI – Class 4 Felony (following a crash resulting in great bodily harm or permanent disfigurement)
  1. Minimum of one-year loss of full driving privileges
  2. Possible imprisonment for up to twelve years
  3. Maximum fine of $25,000
Other alcohol offenses
1. Illegal transportation of an alcoholic beverage
  1. Maximum fine of $1,000
  2. Drivers license suspended for first conviction
  3. Drivers license revoked for a second conviction
2. Summary Suspension
  1. First offense
    1. A chemical test indication a BAC of .08 or greater results in a mandatory six-month drivers license suspension
    2. Refusal to submit to a chemical test(s) results in a twelve-month suspension
  2. Subsequent offenses
    1. A chemical test indicating a BAC of .08 or greater results in a mandatory one-year drivers license suspension
    2. Refusal to submit to a chemical test(s) results in a three-year license suspension

The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.

	Under Zero Tolerance Law		Under DUI Laws
1st Violation	3 months	6 months (if test refused)	6 months	12 months (if test refused)
2nd Violation	1 year	2 years (if test refused)	1 year	3 years (if test refused)

Effect on Driving Record

Zero tolerance (BAC of .01 or greater) – except during suspension period, not on public driving record as long as there is no subsequent suspension.
DUI conviction (BAC of .08 or greater) – Permanently on public driving record

* Under certain conditions, you may be charged with DUI even though your BAC is below .08.

Except during suspension period, violation is not on public driving record as long as there is no subsequent suspension permanently on public driving record.

State of Illinois Statutory Provisions For Illegal Drugs Manufacture or Delivery

	Manufacture or Delivery (720 Illinois Compiled Statutes 570/401)				Possession (720 ILCS 570/402)
Illegal Drugs	Class X Felony	Class 1 Felony	Class 2 Felony	Class 3 Felony	Class 1 Felony	Class 4 Felony
	6 to 30 years not more than $500,000 fine	4 to 15 years not more than $250,000 fine	3 to 7 years not more than $200,000 fine	2 to 5 years not more than $150,000 fine	4 to 15 years not more than $20,000 fine	1 to 4 years not more than $15,000 fine
Heroin	15 grams or more	10-14 grams	10 grams or less		15 grams or more	less than 15 grams
Cocaine	15 grams or more	1-14 grams	1 gram or less		15 grams or more	less than 15 grams
Morphine	15 grams or more	10-14 grams	10 grams or less		15 grams or more	less than 15 grams
Peyote	200 grams or more	50-199 grams		50 grams or less	200 grams or more	less than 200 grams
Barbiturates	200 grams or more	50-199 grams		50 grams or less	200 grams or more	less than 200 grams
Amphetamines	200 grams or more	50-199 grams		50 grams or less	200 grams or more	less than 200 grams
Lysergic Acid (LSD)	15 grams or more	5 to 14 grams or hits		5 grams or less	15 grams or more	less than 15 grams
Petazocine	30 grams or more	10 to 29 grams		10 grams or less	30 grams or more	less than 30 grams
Methaqualone	30 grams or more	10 to 29 grams		10 grams or less	30 grams or more	less than 30 grams
Phencyclidine	30 grams or more	10 to 29 grams		30 grams or less	30 grams or more	less than 30 grams
Ketamine

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