THE FEDERAL DRUG FREE SCHOOLS AND COMMUNITIES ACT (Amendment of 1989) INFORMATION

PURPOSE

The use of illicit drugs and alcohol at Westfield State College, on College property, or at College activities impairs the safety and health of students and employees, inhibits the personal growth of students, lowers the productivity and quality of work performed by employees and undermines the public's confidence in the College. Only in an environment free of substance abuse can Westfield State College fulfill its mission of developing the professional, social, cultural, and intellectual potential of each member of this community.

The Federal Drug Free Schools and Communities Act Amendments of 1989 require that, “as a condition of receiving funds or any form of financial assistance under any Federal program, an institution of Higher Education...must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees.”

The information that follows outlines the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on College property or as any part of College activities, and describes the applicable legal sanctions, associated health risks and support programs and services available to employees and students.

All members of this community - faculty, staff, and students - are urged to carefully and seriously reflect on their personal responsibility to remain drug free, and further, to demonstrate care and concern for others through timely intervention, support, and referral.

ALCOHOL

1. HEALTH RISKS

   Drinking in moderation appears to do the body no permanent harm according to some experts. But taken in large doses over a long period of time, alcohol can be mentally and physically destructive, reducing a person's life span by 10 to 12 years. Alcohol abuse may result in: heart, brain, liver, and other organ damage, malnutrition, high susceptibility to infectious diseases, permanent damage to the nervous system, deterioration of memory, judgment and learning ability, and inability to grasp reality. Excessive drinking is also involved in a major portion of highway accidents and fatalities, domestic abuse, assaults, suicides, homicides, and economic drain.

   Alcohol is a depressant that affects the central nervous system. In small doses it has a tranquilizing effect on most people and stimulates others. It is absorbed directly into the bloodstream from the stomach and intestines and it reaches the brain quickly, slowing down the parts that control thinking and emotion. This causes one to feel less inhibited, looser. In larger doses it dulls sensations and impairs muscle coordination, memory and judgment. Alcohol is a drug for which the potential exists for a person to become physically and/or psychologically addicted.

   Blood Alcohol Concentration (BAC) refers to the amount of alcohol in an individual's bloodstream. A person's size, gender, weight, fat content, and amount of food in the stomach will effect the absorption of alcohol in the bloodstream. The predominant factor in absorption is the metabolism of alcohol by the liver. When alcohol enters the bloodstream, 95% is metabolized by the liver and 5% is excreted in breath, sweat, and urine. The liver takes about one hour per drink to clear the body of alcohol.

   The following chart can help you estimate Blood Alcohol Concentration. Remember just one drink can impair your skills and judgment. It is risky to operate any machinery or engage in any activity that requires concentration and alertness after drinking any amount of alcohol. One drink is 1 1/4 oz. of 80 proof liquor, 12 oz. of beer, or 4 oz. of wine.

   BAC	# of Drinks	Behavior
   .02%	under 1 drink	LEGALLY INTOXICATED IN MASSACHUSETTS (under 21 years old)
   .03%	1 drink	No overt effects Slight feeling of muscle relaxation Slight mood elevation Under 21 drivers may have license suspended
   .05%	1-2 drinks	Usually a feeling of well- being Feeling of muscle relaxation Judgment impaired Coordination & level of alertness lowered Slight decrease in reaction time Increased risk of collision while driving
   .08%	2-4 drinks	LEGALLY INTOXICATED IN MASSACHUSETTS (over 21 years old)
   .10%	3-5 drinks	Coordination & balance becoming difficult Reaction time significantly slowed Muscle control and speech impaired Limited night vision & side vision Loss of self-control Crash risk greatly increased
   .14-.15%	5-7 drinks	Major impairment of mental & physical control Slurred speech, blurred vision Lack of motor skills Consistent and major decrease in reaction time
   .20%	7-10 drinks	Loss of equilibrium & technical skills Must have assistance in moving about Mental confusion Double vision & legal blindness 20/200 Unfit to drive for up to 10 hours
   .25-.30%	10-14 drinks	Staggering & severe motor disturbances Severe intoxication Not aware of surroundings Minimum conscious control of mind and body
   .40%	10-14 drinks	Unconsciousness- threshold of coma Lethal dosage for 50% of individuals
   .50%	14-20 drinks	Deep coma
   .60%	18-20 drinks	Death from respiratory failure

2. STATE LAWS PERTINENT ALCOHOL
   1. Providing alcohol to persons under 21 years old is punishable by a fine of $2,000, up to one year in prison, or both. (M.G.L.A. c. 138 Section 34)
   2. Persons under 21 years old who purchase, attempt to purchase alcohol, make arrangements with another to purchase or procure alcohol, misrepresents his age, alters or falsifies his I.D. with intent to purchase alcohol shall be punished by a fine of $300. A conviction of this crime will result in a driver's license suspension of 180 days. (M.G.L.A. c. 138 Section 34A)
   3. Persons in licensed alcohol establishments, upon request by an official, must state your correct name, age, and address or may be fined up to $500. Persons making, carrying, using, or selling altered or forged identification or furnishing false information to obtain such identification may be punished by a fine of $200 or incarceration for up to three months. (M.G.L.A. c. 138 Section 34B)
   4. Whoever alters, forges, or steals a driver's license shall be punishable by a fine of up to $500 or by incarceration of up to 5 years. A conviction of this crime will result in a license suspension of one year. (M.G.L.A. c. 90 Section 24B)
   5. Any person under 21 years of age who knowingly possesses, carries, or transports alcohol shall be punished by a fine of $50 for a first offense and $150 for any subsequent offense. A conviction of this crime will result in a driver's license suspension of 90 days. (M.G.L.A. c. 138 Section 34C)
   6. Whoever knowingly transports more than a personal limit of 20 gallons of malt beverages, or three gallons of any other alcoholic beverage, or one gallon of alcohol or its equivalent shall be punished by a fine of up to $2,500, or up to 6 months incarceration or both. (M.G.L.A. c. 138 Section 22)
   7. Whoever possesses an open container of alcohol in the passenger area of any motor vehicle shall be fined $100 to $500. (M.G.L.A. c.90 Section 241)
3. LOCAL AND FEDERAL LAWS PERTAINING TO ALCOHOL
   1. Local - The city of Westfield prohibits the consumption of any alcoholic beverages on any municipal sidewalk or way, or upon any school, park, or playground property of the city. Fines may be imposed for violation of this law.
   2. State - It is unlawful to manufacture, produce, or import intoxicating liquors without a permit. Violators will be fined up to $1,000 for each offense. (27 U.S.C.A. Section 203, 207).
4. DRIVING UNDER THE INFLUENCE (of alcohol, marijuana, narcotics, depressants, stimulants or glue vapors)

   Breathalyzer Test and License Suspension†

   SITUATION	LICENSE SUSPENSION
   Over 18 years old and refuses test ; 18-21 years old and blows a .02 or fails to complete a prescribed treatment program	180 days to 1year
   Under 18 years old and refuses test or consents to test and blows a .02 or fails to complete a prescribed treatment program; or is over 21 years old with a previous conviction and refuses test	1 year
   Over 21 years old with 2 or more previous convictions and refuses test	18 months

   Information obtained from M.G.L.A. c.90 Section 24, 24P

   1. Massachusetts law provides that by driving on a public road, a driver has implicitly consented to a chemical analysis of their breath or blood, which is why you can be penalized for refusing the test without ever being convicted of drunk driving. Refer to table below for penalties.
   2. Information obtained from M.G.L.A. c.90 Section 24, 24P
   3. In addition to the above penalties for a conviction, one who is convicted, placed on probation, or is granted a continuance without a finding or otherwise pleads guilty to facts sufficient to convict for driving under the influence may also be assessed up to a $250 fee and a mandatory $50 fee. M.G.L.A. c.90 Section 24.
   4. Once convicted you may also be ordered to participate in a driver education program, drug treatment program, drug rehabilitation program, or any combination of the three. Costs for these programs may also be your responsibility. M.G.L.A. c.90 Section 24.

   CONVICTION	PENALTY
   First Offense	Fine:	$500-$5,000
   	Incarceration:	Maximum 2.5 years
   	License Suspension:	90 days-1 year (Under 18, 180 days)
   Second Offense	Fine:	$600-$10,000
   	Incarceration:	Minimum 30 days; up to 2.5 years
   	License Suspension:	6 months-2 years (Under 18, 1 year)
   Third Offense	Fine:	$1,000-$15,000
   	Incarceration:	Minimum 150 days; up to 5 years
   	License Suspension:	2-8 years
   Fourth Offense	Fine:	$1,500-$25,000
   	Incarceration	Minimum 1 year; up to 5 years
   	License Suspension:	5-10 years
   Fifth Offense	Fine:	$2,000-$50,000
   	Incarceration:	Minimum 2 years; up to 5 years
   	License Suspension:	Life

1. HEALTH RISKS (click here for a chart on Controlled Substances - Uses and Effects)
   1. Tobacco - Tobacco is smoked primarily in the form of cigarettes, cigars, and in pipes, but it is also popular as “chew” or “chaw” (loose tobacco placed in the mouth). Despite health warnings, 55 million Americans smoke, 22 million use chewing tobacco and 350,000 Americans die each year from diseases related to tobacco use. Nicotine, the addictive ingredient in tobacco, stimulates the central nervous system and is physically and psychologically addictive. Nicotine irritates lung tissue and increases blood pressure. One in six deaths in the United States is smoking related. The most common cause of cancer deaths is cigarette smoking. Smoking is the major cause of chronic bronchitis and emphysema and also causes pneumonia, heart disease, blood vessel disease, and stomach ulcers.
   2. Marijuana - Marijuana is a drug derived from the cannabis plant. Marijuana is primarily used by smoking the dried leaves of the plant. The high derived from smoking marijuana comes from tetrahydrocannabinol (THC) contained in the plant. The user experiences euphoria, a sense of time passing slowly and distorted perceptions. Other experiences include confusion, disorientation, anxiety, and paranoia. Marijuana is psychologically addictive, contains four times as much cancer causing tar as one cigarette and is four to twenty times stronger than the marijuana from the 1960's. Marijuana contains 426 known chemicals in its smoke and has been linked to lung disease, cancer, genetic damage, lowered immunity, and impaired physical and psychological development.
   3. Prescription Drugs - Legal, easily obtainable, prescription drugs are often the first abused drugs. Valium and Librium are the most commonly abused prescription drugs. Tranquilizers and sedatives are both depressants that dull the central nervous system. Even in small amounts, these drugs slow reaction time, decrease eye-hand coordination and interfere with judgment. Alcohol greatly increases the effects and can cause a potentially dangerous overdose.
   4. Steroids - Steroids are used by some athletes to increase their body's performance. Although performance is temporarily increased, the side effects are very harmful to the body. Long-term effects include heart, liver, and kidney trouble, high blood pressure, diabetes, poor healing after an injury, muscle and tendon tears, and psychological problems with aggression and depression. Short-term effects include impotence, balding, acne, psychological problems, and decreased hormones. Steroids may temporarily enlarge the body muscle, but without constant use and exercise, the muscles will decrease quickly.
   5. Hallucinogens - Hallucinogens are a class of drugs that produce profound psychoactive effects, including profound alterations in sensation, mood and consciousness that may involve senses of hearing, touch, smell or taste, as well as visual experiences that depart from reality. Some hallucinogens include LSD, mescaline, mushrooms, PCP, and MDMA (Ecstasy). Some hallucinogens possess amphetamine or cocaine-like qualities and in addition to hallucinations, they produce stimulant effects on the body. These hallucinogens can produce psychological problems that include confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia. Psychotic episodes have been reported. Increased heart rate, blood pressure, muscle tension, involuntary teeth clenching, nausea, blurred vision, rapid eye movement, sweating, and chills are some of the physical effects. The long-term effects of hallucinogens tend to be unpredictable. Users of hallucinogens build tolerance requiring that they take more of the drug to achieve the same effects. Some of the hallucinogens have been known to induce long-term or permanent psychosis. Risk of accidental injury or death is greatly increased with hallucinogen use.
   6. Cocaine - Cocaine, a stimulant to the central nervous system, is a very addictive drug that has increased in use in the United States. The odorless, white powder from the coca plant comes in various forms. One of the most popular is crack, a cheaper form of the drug. Cocaine creates a high in the user, which causes alertness, excitement, talkativeness, overconfidence, and a lessened need for sleep. After the high, the “crash” occurs including depression, restlessness, anxiety, and impaired concentration. Repeated use of cocaine will lead to addiction and other complications, which may include heart failure, family, and financial problems.
2. PERTINENT DRUG LAWS - STATE
   1. A person who knowingly causes, induces, or abets a person under the age of eighteen to distribute or dispense any controlled substance or to accept, deliver, or possess money used or intended for procurement, manufacture, distribution...of any controlled substance shall be punished by five (5) to fifteen (15) years in state prison and a fine of $1,000 to $100,000. Minimum five (5) years imprisonment is mandatory. (Refer to chapter 94C, section 32K of Massachusetts General Law.)
   2. Trafficking and sale to minors carry much stiffer penalties in terms of imprisonment and fines (Massachusetts General Law, chapter 94C, section 32E & F). The penalties for possession of the substances outlined in Massachusetts General Law, chapter 94C, section 34 are punishable by one (1) year or less of imprisonment or by a fine of not more than $1,000 or both. Possession of heroin is punishable by two (2) years or less in a house of correction or by a fine of not more than $2,000 or both for the first offense. Possession of marijuana or a Class E substance is punishable by not more than six (6) months in a house of correction or a $500 fine or both.
   3. The following charts outline the first offense state and federal penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance.

*(Refer to M.G.L. chapter 94C, section 31 for a description of drug classes.)

C. PERTINENT DRUG LAWS - FEDERAL

1. Federal penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance including heroin, cocaine, PCP, LSD, Fentanyl, marijuana (in useable form or actual plants), methamphetamine are:

*Amounts vary by specific drug. See 21 U.S.C. Section 841 for exact amounts for each drug and full listing of drugs included in this statute. Penalties for attempt or conspiracy to traffic or manufacture are the same as above. See 21 U.S.C. Section 846.

2. Anyone who is eighteen years old or older who distributes to anyone who is under twenty-one years old is subject to two times the first offense penalties listed above (C,#1) for a first offense; subject to three times the first offense penalties listed above (C,#1) for second or subsequent offenses (C,#1). See 21 U.S.C. Section 859.

3. Anyone who manufactures or distributes within 1,000 feet of a school, college, playground or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility will be subject to two times the first offense penalties listed above (C,#1) for a first offense; subject to three times the first offense penalties listed above (C,#1) for a second or subsequent offense.

4. Employing children to distribute near schools or playgrounds is subject to three times the first offense penalties listed above (C,#1). See 21 U.S.C. Section 860.

5. Anyone found in simple possession will be subject to up to one year incarceration and $1,000 fine for a first offense; up to two years incarceration and $2,500 fine for a second offense; and up to three years incarceration and $5,000 fine for a third or subsequent offense. See 21 U.S.C. Section 844.

6. It is unlawful to open, rent, lease, use, maintain, manage, or own a place, whether temporarily or permanently, for the purpose of manufacturing, distributing or using controlled substances. Penalties for violation of this law are up to 20 years incarceration or a fine of up to $500,000 or both; a fine of up to 2,000,000 for a company, corporation, etc. One who violates this law may also be subject to civil penalties limited to the greater of $250,000 or two times the gross receipts. See 21 U.S.C. Section 856.

SANCTIONS

1. STUDENT DRUG AND ALCOHOL POLICY SANCTIONS
   Please refer to the Alcohol and Other Drug Policy in the Student Life Policies section of this handbook for information regarding sanctions for alcohol and other drug offenses.
2. EMPLOYEE DRUG AND ALCOHOL POLICY AND SANCTIONS
   1. The employees of Westfield State College shall not unlawfully manufacture, distribute, dispense, possess or use controlled substances or alcohol on College property, in conjunction with any College activity or in the College workplace. Any individual who violates this policy will be subject to disciplinary action in accordance with any applicable bargaining agreement. Such disciplinary action may include suspension from employment, mandatory participation in an alcohol/drug abuse assistance or rehabilitation program, and termination of employment, as well as referral of the matter for prosecution.
   2. As a condition of employment, all employees will abide by this statement of policy. Employees will notify the College's Director of Human Resources within five (5) days of being convicted of violating a criminal drug statute in the workplace. The employer will notify a grantor agency that an employee has been convicted of a drug-related offense within ten (10) days.

RESOURCES

1. On Campus Resources:
   1. Counseling Center, Lammers Annex.
      Brian Cahillane, Substance Abuse Specialist, 572-5790
   2. Any member of the Residential Life Staff, 572-5402
   3. Any member of the Student Affairs Staff, 572-5400
2. Off Campus Resources:
   1. Pathways, Providence Hospital
      1233 Main Street
      Holyoke, MA 01040
      539-2973
   2. Alcoholism and Drug Services of Western Mass
      471 Chestnut Street
      Springfield, MA 01199
      794-5555
   3. Massachusetts Drug and Alcohol Hotline
      1-800-222-0828
   4. Alcoholics Anonymous Hotline
      532-2111
   5. Alanon: Alateen of Greater Springfield
      Springfield, MA
      782-3406

If your health insurance provides mental health/substance abuse services, you may also call your insurer for an appropriate provider.