Alcohol and Controlled Substances Policy


I. INTRODUCTION

The Alcohol and Controlled Substances Policy is intended to further the educational mission of Maryville University. The fundamental purpose of Maryville University is to maintain an environment that supports and encourages the pursuit and dissemination of knowledge. That environment is damaged by illegal drug use and alcohol abuse. Therefore, all members of the academic community, students, faculty members, administrators and other university employees, share the responsibility for protecting the environment by exemplifying high standards of professional and personal conduct.

For employees, drug and alcohol testing may be required pre-employment, “for cause” when employee appears to be unfit and/or under the influence, post-accident, or found in violation of this Alcohol and Controlled Substances Policy (see Drug and Alcohol Testing Policy for more details).

II. ILLEGAL DRUGS AND OTHER CONTROLLED SUBSTANCES POLICY

A. Standards of Conduct
Students and faculty members, administrators and other employees are responsible as citizens for knowing about and complying with the provisions of the Revised Statutes of Missouri (Mo. Rev. Stat. § 579.000, et. seq.). Chapter 579 Controlled Substance Offenses contains the Missouri offenses for possessing, distributing, delivering, manufacturing, producing, or attempting to distribute, manufacture or produce controlled substances. Maryville University will not tolerate the use, possession, sale, delivery and/or manufacture of illegal drugs on campus.

Violations of this policy include, but are not limited to:

  1. Manufacture/Sale/Distribution (Drugs) – Manufacturing, distributing, dispensing, and/or selling illegal drugs, or prescription drugs prescribed to another person.
  2. Aiding/Abetting (Drugs) – Aiding and abetting in the sale/distribution/use/possession of illegal drugs or prescription drugs prescribed to another person.
  3. Use/Possession (Illegal Drugs) – Using and/or possessing illegal drugs.
  4. Improper Use/Abuse/Possession (Legal Drugs) – Improperly using or abusing over-the-counter or prescription drugs and/or possessing legal drugs prescribed to another individual.
  5. Remaining in the Presence (Illegal Drugs) – Knowingly remaining in the presence of illegal drugs and/or drug paraphernalia/illegal drug use on campus or at a University-sponsored activity.
  6. Drug Paraphernalia and/or Recent Use
    1. Using/possessing drug paraphernalia on campus or at a University-sponsored activity. Examples of items that could be defined as drug paraphernalia include, but are not limited to: scales, rolling papers, bowls, pipes, bongs, grinders, spoofs, hookahs, or any other device that is fashioned for the purpose of drug use.
    2. Evidence of recent illegal drug use (e.g. odor, smoke, residue, etc.) also constitutes a violation of this policy. Validity of the evidence will be determined by the investigating University official. Measures commonly known to hide illegal drug use (e.g. outward blowing fans, weather-stripping of internal room doors, towel under door, excessive air freshener, incense, etc.) can create reasonable belief of illegal drug use for purposes of investigation and will be documented if discovered in areas of suspected drug use. Such evidence will be considered by University official(s) during incident reviews when determining likelihood of policy violations.

B. University Sanctions for Students
A University conduct charge for drugs will be issued to students who violate any of the prohibitions listed in this policy. A conduct charge is based on evidence suggesting a violation has occurred, including witness statements. Students found responsible for a drug violation will be subject to a minimum sanction of disciplinary warning and mandatory attendance at an educational seminar. Students found responsible for repeated drug violations may face more severe penalties, including automatic suspension and/or removal from University housing. Students who are found responsible for the distribution of controlled or illegal substances or possession of such substances with the intent to distribute will be subject to a minimum sanction of restriction from University housing and/or removal from the University. The University has the authority under Family Educational Rights and Privacy Act (FERPA) to notify parents or guardians when students under the age of 21 are found to have violated any federal, state, or local law or University policy related to the possession, use, or distribution of alcohol or controlled substance. For a complete listing of possible sanctions, refer to the “Sanctions” section of Grievances By and Against Students.

C. Violations of Law
In addition to sanctions imposed by the University, drug violations may be referred to the appropriate external authorities. Violations of law may result in penalties ranging from fines to imprisonment. Federal law prohibits, among other things, the manufacturing, distributing, selling, and possession of controlled substances as outlined in United States Code, Sections 801 through 971. Depending on the amount of controlled substance, first offense maximum penalties for trafficking marijuana range from up to five years’ imprisonment and a fine up to $250,000 to imprisonment for life and a fine of $4 million.

If a student is convicted of offenses involving the sale or possession of illegal drugs, the student will not be eligible for any federal Title IV, HEA grant, loan, or work-study funds, if the conduct occurred while the student was enrolled in school and receiving federal Title IV, HEA student aid.

The Drug-Free Workplace Act requires that an employee notify the employer of any criminal drug conviction for a violation occurring in the workplace no later than 5 days after such conviction. The employer must notify appropriate government authorities within ten (10) calendar days after receiving the conviction notice from either the employee or agency charging said conviction.

D. Health Risks
Illicit drugs or any controlled substance are listed in Schedules 1 through V of Section 202 of the Federal Controlled Substance Act, Chapter 195 of the Missouri Revised Statutes. The health risks caused by drug use vary depending on the drug involved, and the use of legal prescription and nonprescription drugs without a doctor’s supervision, as well as the use of illegal drugs, may cause serious health difficulties. In addition, abuse of any substance can adversely affect relationships, employment, academic and athletic performance, and self-esteem. The acute and long-term health effects of specific drugs can be view on the National Institutes of Health webpage.

III. ALCOHOL POLICY

A. Standards of Conduct
Maryville community members are expected to observe and obey Missouri State Liquor Control Law (Sec. 311.325 RSMo) stating that any person under the age of 21 cannot purchase, attempt to purchase, possess, or be served any intoxicating beverage.

Maryville University permits alcohol to be consumed by anyone twenty-one years and older, in the privacy of University living areas or at registered or University sanctioned events when hosted by the University’s liquor license holder or designee. There is no intent to encourage the use of alcoholic beverages or to force its consumption upon those who object to the use of alcohol on moral, ethical or religious grounds. This policy is designed to promote responsible, healthy behavior regarding alcohol use.

University policies concerning the possession and consumption of alcoholic beverages do not contravene federal, state or municipal law regarding their purchase, possession or consumption.

Violations of this policy include, but are not limited to:

  1. Missouri Alcoholic Beverage Control Laws make it illegal for any person less than 21 years of age to purchase, possess or consume, or for anyone to aid or abet such a person in purchasing or consuming any alcoholic beverages. Proof of age may be required when purchasing alcohol.
  2. It is unlawful to operate a motor vehicle while intoxicated.
  3. Any person found consuming alcoholic beverages on-campus is required to have proof of age available if requested.
  4. It is unlawful for any person to drink alcoholic beverages or to offer a drink to another person or persons, whether accepted or not, on any public road or street, parking lot, sidewalk or other publicly owned or leased University property without working with our third party liquor license holder or designee.
  5. Consuming and/or possessing alcoholic beverages in any public area is prohibited without working with our third party liquor license holder or designee. Public areas includes but is not limited to any public road or street, parking lots, sidewalks or other publicly owned or leased University property, or public areas within the academic and residential facilities.
  6. Brewing and/or distilling alcoholic beverages is not permitted.
  7. Empty and/or filled kegs and all its paraphernalia (e.g. tapper) are not allowed in any form or function and may be confiscated by university personnel and become the property of the university.
  8. Possessing and using devices designed or intended to be used for the rapid consumption of alcohol (i.e., funnels, beer bongs, etc.) and/or engaging in behaviors intended to intoxicate (i.e., races, games, beer pong, etc.) are prohibited and will be considered aggravating circumstances when considering appropriate sanctions regardless of age.
  9. Student organization budgets, financial aid or board plan cannot be used to purchase alcoholic beverages.

B. University Housing
Students who are of legal drinking age may consume alcohol on campus only in accordance with all policies listed here, and only in University housing assigned to the student or to another student who is also of legal drinking age; or at events held in accordance with section III.C. Students residing in or visiting any guests in University housing must adhere to all policies outlined in this policy, including but limited to:

  1. Individuals 21 years of age or older, may possess and consume alcohol only for personal use in private residential space or the rooms of other students who are 21 and older, regardless of whether those students have underage roommates. However, if the 21 year old or older students is not present in their living space, no other 21 year old or older student may consume alcohol in that living space.
  2. Individuals 21 years of age or older, may possess and consume alcohol only for personal use in private residential space providing they do not infringe upon the rights of others.
  3. Containers of alcohol larger than one gallon are not permitted in University living areas.
  4. Display or storage of empty alcohol beverage containers is not permitted within the residential space.

Additional guidelines may be found in the Residential Life Living Guide. Failure to abide by the requirements of that document may be considered a violation of this Alcohol Policy.

C. Events with Alcohol

Sanctioned events at which alcoholic beverages may be consumed can be held only under circumstances in which the host demonstrates reasonable means of insuring the safety of participants and adherence to state law. Event sponsors are responsible for following this policy, as well as other relevant University policies, at any authorized University event or activity sponsored by an authorized student or University organization where alcohol is served. Policies include but are not limited to:

  1. Alcohol consumption must not be interpreted as the primary focus of any event.
  2. Authorized servers, such as University Dining Services, or an approved third party vendor, must provide and distribute the alcohol.
  3. No one visibly intoxicated may be given or allowed to consume alcoholic beverages.
  4. An appropriate amount of food and nonalcoholic beverages must be available at the same place as the alcoholic beverages and featured as prominently as the alcoholic beverages.
  5. If the event is held at an approved off-campus venue, enforcement of alcohol laws rests with the off-campus vendor.
  6. Alcohol service will be discontinued a minimum of one-half hour before the event ends.
  7. An approved organization/department advisor must be present at both on- and off-campus events where alcohol is served for the entire duration of the event.

Additional guidelines for student events where alcohol is served may be found in the Student Organization Handbook. Failure to abide by the event requirements of that handbook may be considered a violation of this Alcohol Policy.

D. Promotional Activities/Event Marketing
Print, electronic, and broadcast media funded in whole or in part by University funds, or bearing the University’s name, may not contain inappropriate references to alcohol, or emphasize alcohol as the primary purpose of an event.

E. University Sanctions for Students
Students who violate any of the alcohol regulations found in this policy will be subject to a minimum penalty of disciplinary warning. Subsequent offenses will result in more serious action. The University has the authority under Family Educational Rights and Privacy Act (FERPA) to notify parents or guardians when students under the age of 21 are found to have violated any federal, state, or local law or University policy related to the possession, use, or distribution of alcohol or controlled substance. For a complete listing of possible sanctions, refer to the “Sanctions” section of Grievances By and Against Students.

F. Violations of Law
In addition to sanctions imposed by the University, alcohol violations may be referred to the appropriate external authorities. Under state and local laws, violations may result in penalties ranging from fines through suspension of a driver’s license and possible imprisonment.

G. Health Risks
Use of alcohol may result in mood changes, impulsive action, loss of judgment, and loss of coordination. Excessive use of alcohol may cause heart damage, liver damage, damage to the digestive tract, cancer, brain damage, mental disorders, loss of sexual function, blood disorders, and birth defects. In addition, long-term alcohol use may affect relationships, employment, academic and athletic performance, and self-esteem. Consumption of alcohol while using over-the-counter or prescription medications, where such use is contraindicated, can lead to unintended health consequences. Acute alcohol poisoning, occurring when an individual consumes a large amount of alcohol in a short period of time, may result in changes in breathing and heart rate, the gag reflex, and can lead to coma and death. More information regarding the health risks associated with the consumption of alcohol in college can be found at www.collegedrinkingprevention.gov.

IV. AMNESTY/GOOD SAMARITAN POLICY

Maryville University students seeking immediate medical assistance for themselves or on behalf of other persons experiencing alcohol or drug-related emergencies may be granted amnesty from formal conduct action by the University for violating alcohol and/or drug policies as outlined in the Student Code of Conduct. Refer to the Amnesty/Good Samaritan Policy for full details.

V. EDUCATION, TREATMENT, COUNSELING, AND RESOURCES

Maryville University shall take actions necessary (consistent with state and federal law and applicable university policy) to eliminate illegal drugs and controlled substances and the illegal use of alcohol from the university community. The Health & Wellness Office and the Counseling Center develop educational programs that provide accurate, current information on the health risks and the symptoms of drug and alcohol use and abuse. The University may also:

Maryville University provides alcohol and other drug abuse counseling and/or referral to members of the University community. Persons who voluntarily avail themselves of university services can be assured that applicable professional standards of confidentiality will be observed.

VI. COMPLIANCE AND ASSESSMENT

In compliance with the provisions of the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, Maryville University has a drug and alcohol abuse and prevention program for students and employees and conducts a biennial review of this drug and alcohol prevention program to evaluate its effectiveness. Mayville University also sends an annual notification in writing to all students and employees that contains this Alcohol and Controlled Substances Policy. In an effort to continually assess the campus environment, the University has established an Alcohol, Tobacco, and Other Drug (ATOD) Committee with representatives from across the University, and is also an active member of Partners in Prevention (PIP), which is Missouri’s higher education substance misuse consortium dedicated to creating healthy and safe college campuses.

Policy Revised September 2020