Appendix I: Drug and Alcohol Policy
Drug and Alcohol Policy
In keeping with the Federal Drug-Free Schools and Communities Act Amendments of 1989, which require that all College students receive annual notice of the laws regarding alcohol and other drug use, the following information is offered:
Members of the College community enjoy a high degree of personal freedom, guaranteed by the United States, the Commonwealth of Virginia, and the Richard Bland College’s Statement of Rights and Responsibilities. That freedom exists within the context of local, state, and federal law and the obligations imposed by College regulations. The Student Handbook is the official document describing College policy for student behavior, the student discipline system of Richard Bland College of William & Mary, and sanctions for violation of College policy.
- Richard Bland College clearly prohibits the use, distribution, sale, manufacturing of illicit drugs and the abuse of alcohol.
- Richard Bland College clearly prohibits the use, possession, manufacturing, or distribution of alcoholic beverages, or public intoxication, including on any owned, leased, or licensed campus property or at any college-related event.
- Violations of local, state, or federal law also constitute violation of College regulations.
- When a student is charged with a violation of law, it is the practice of the College to initiate its own disciplinary proceedings without awaiting court action. Behavior off-campus is subject to disciplinary action.
Alcohol Policy and Sanctions
All students of the College and their guests and all organizations must observe Virginia law as it pertains to the purchase and consumption of alcoholic beverages. Virginia law specifically states that persons under the age of 21 may not purchase, possess, or consume any type of alcoholic beverages. The sanctions for violation of this regulation shall range from warning to dismissal and will usually include an alcohol education or treatment component.
Drug Policy and Sanctions
For the purpose of these regulations, drugs are defined to include marijuana, hashish, amphetamines, LSD compounds, mescaline, psilocybin, DMT, narcotics, opiates, and other lab made cannabinoids, such as Spice, K2, and synthetic marijuana, except when taken under a physician’s prescription in accordance with law.
College regulations, in conformity with federal and state statutes governing drug use, provide the following:
- Manufacturing or providing drugs to others is prohibited. The penalty for violation of this regulation shall range from disciplinary probation to dismissal from the College.
- Possession or consumption of drugs is also prohibited. Possession of drug paraphernalia is prohibited. The penalty for violation of this regulation ordinarily shall range from probation to dismissal.
I. Legal Sanctions
Members of the Richard Bland College community should be aware of applicable legal penalties in cases of drug and/or alcohol abuse. An offense is classified in the Code of Virginia as a misdemeanor or a felony, depending upon the type and the amount of the substance(s) involved.
Alcohol
Virginia’s Alcohol Beverage Control Act contains a variety of provisions governing the possession, use, and consumption of alcoholic beverages. The Act applies to all students and employees of this institution. As required by the Federal Drug-Free Schools and Communities Act Amendments of 1989, the pertinent laws, and sanctions for violations, are summarized below:
- It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both. Additionally, such person’s Virginia driver’s license may be suspended for a period of not more than one year.
- It is unlawful for any person to sell alcoholic beverages to persons under the age of 21 years of age. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.
- It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is purchased is under the legal drinking age. The criminal sanction for violation of the law is confinement in jail for up to twelve months and a fine up to $2,300, either or both. .
- It is unlawful for any person to consume alcoholic beverages in unlicensed public places. Violating the law, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.
Controlled Substances and Illicit Drugs
The unlawful possession, distribution, and use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, are prohibited in Virginia. Controlled substances are classified under the Act into “schedules,” ranging from Schedule I through Schedule VI, as defined in sections 54.1-3446 through 54.1-3456 of the Code of Virginia (1950), as amended.
As required by the Federal Drug-Free Schools and Communities Act Amendments of 1989, the pertinent laws, including sanctions for their violation, are summarized below:
- Possession of a controlled substance classified in Schedules I or II of the Drug Control Act, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment of ranging from one to ten years, or in the discretion of the jury of the court trying the case without a jury, confinement in jail for up to twelve months and a fine up to $2,500, either or both.
- Possession of a controlled substance classified in Schedule III of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2,500, either or both.
- Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to six months and a fine up to $1,000, either or both.
- Possession of a controlled substance classified in Schedule V of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $500.
- Possession of a controlled substance classified in Schedule VI of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.
- Possession of a controlled substance classified in Schedule I or II of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a felony conviction for which the punishment is imprisonment from five to forty years and a fine up to $500,000. Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and fined up to $500,000.
- Possession of a controlled substance classified in Schedules III, IV, or V of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.
- Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to thirty days and a fine up to $500, either or both. Upon a second conviction, punishment is confinement in jail for up to one year and a fine up to $2,500, either or both.
- Possession of less than one-half ounce of marijuana with intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year and a fine up to $2,500, either or both. If the amount of marijuana involved is more than one-half ounce to five pounds, the crime is a felony with a sanction of imprisonment from one to ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to one year and a fine up to $2,500, either or both. If the amount of marijuana involved is more than five pounds, the crime is a felony with a sanction of imprisonment from five to thirty years.
II. Risks
Richard Bland College is dedicated to the education of students and employees about risks associated with the abuse of alcohol and other drugs. Descriptions of some of these health risks are offered below. In addition, behavioral difficulties at work or in school, in relationships, and with the law can be linked to the abuse of alcohol and other drugs.
Effects of Alcohol
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car or walk home safely. Low to moderate doses of alcohol also are associated with increased incidence of a variety of aggressive acts, including sexual assault, vandalism, and fighting. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn, memorize, and perform academically, sometimes for weeks after the drinking occurrence. 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 impairment, high tolerance, and 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 liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants often have irreversible physical abnormalities and mental retardation. Research indicates that children of alcoholic parents have a greater risk of becoming alcoholics.
IV. Minimum Sanctions Applicable for Alcohol & Drug Violations
Discretion may be used in applying sanctions in cases where violation is of such a nature to warrant additional or more severe actions. Students dismissed from College are entitled to no refunds of College fees or tuition/room and board.
Alcohol Violations
First Offense
Attend Conduct Conference |Minimum Sanction: Warning
Second Offense
Attend Administrative Hearing: | Minimum Sanction: Disciplinary Probation | Alcohol/Drug Education Course/Alcohol Educational assignment
Third Offense
Attend Administrative Hearing: |Minimum Sanction: Disciplinary Probation | Alcohol/Drug Education Course/Alcohol Educational Assignment | Community Service Hours/Restitution
Drug Violations for Possession of Drug Paraphernalia
First Offense
Attend Administrative Hearing |Minimum Sanction: Alcohol/Drug Education Course/ Educational Assignment| Disciplinary Warning
Second Offense
Attend Administrative Hearing: | Minimum Sanction: Disciplinary Probation | Educational Assignment| Community Service/Restitution
Third Offense
Attend Conduct Board Hearing: |Minimum Sanction: Banned from Residence Halls/Suspension from RBC
Drug Violations for Possession or Usage of Marijuana or Other Drugs
First Offense
Attend Administrative Hearing |Minimum Sanction: Alcohol/ Drug Education Course/ Educational Assignment| Disciplinary Probation
Second Offense
Attend Administrative Hearing: | Minimum Sanction: Disciplinary Probation | Educational Assignment| Community Service/Restitution
Third Offense
Attend Conduct Board Hearing: |Minimum Sanction: Banned from Residence Halls/Suspension from RBC
Drug Violations for Sale, Distribution or Manufacturing of Marijuana or Other Drug Products
First Offense
Attend Conduct Board Hearing |Minimum Sanction: Alcohol/ Drug Education Course/ Educational Assignment| Disciplinary Probation | Community Service/Restitution
Second Offense
Attend Conduct Board Hearing: |Minimum Sanction: Banned from Residence Halls/Suspension from RBC