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SMITH COLLEGE POLICY ON SUBSTANCE ABUSE AND SUBSTANCE USE

Sanctions

The buildings and residences of the college are not beyond the reach of the law and are not sanctuaries from state and federal law enforcement. Members of the administration will not obstruct such enforcement. When the conduct of a member of the college community on college property or during a college activity, wherever it may occur, is in violation of this policy, the college will take appropriate action, up to and including expulsion, termination of employment and referral for prosecution. This policy supplements, and does not replace, other regulations, policies, standards and expectations regarding the conduct of college students and employees. Nothing in this policy shall be construed to remove or otherwise affect those protections normally afforded to all employees and students. The information below is a brief summary of Massachusetts law. It is not legal advice and readers should refer to the actual law for complete information.

Illegal Offense

Sanction

Statute

Using, altering, selling or distributing false ID or driver’s license

Up to $200 fine or up to 3 months’ imprisonment

MA Gen Law 138 §34B

Transporting alcoholic beverages in a vehicle by driver under 21 years of age

Up to $50 fine for first offense; up to $150 fine for subsequent offenses AND suspension of driver’s license for 90 days

MA General Law 138 §34C

Furnishing alcoholic beverages to another under 21 years of age

Up to $2,000 fine and/or up to 1 year imprisonment

MA General Law 138 §34

Making, stealing, altering, forging or counterfeiting a driver’s license or identification card or for possessing or using such a license or identification card

Fine up to $500 or up to five years in prison; immediate suspension of driver’s license for up to 1 year

MA General Law 90 §24B

Purchasing or attempting to purchase alcoholic beverages if under 21 years of age, including using a false ID

Fine of $300 and suspension of driver’s license for 180 days

MA General Law 138 §34A

Having an “open container” of alcohol as a passenger in a vehicle

Fine of $100 up to $500

MA General Law 90 §24I

Driving under the influence, if under the age of 21, is driving with a blood alcohol level of .02 as a percentage by weight of alcohol in the blood

Fines not less than $500 and up to $5,000; mandatory suspension of license for 180 days and up to 1 year and/or up to 2.5 years’ imprisonment for the first offense. Subsequent offenses carry significantly higher penalties.

MA General Law 90 §24 (1)(a) and §24P

Driving under the influence, if over the age of 21, is driving with a blood alcohol level of .08 as a percentage by weight of alcohol in the blood

Fines not less than $500 and up to $5,000; suspension of license for 1 year and/or up to 2.5 years’ imprisonment for the first offense. Subsequent offenses carry significantly higher penalties.

MA General Law 90 §24 (1)(a)

Refusal to submit to a breathalyzer test

Immediate suspension of a driver’s license for minimum of 180 days. If under 21 years of age OR previously convicted of driving under the influence, immediate suspension of driver’s license for 3 years or longer.

MA General Law 90 §24(1)(f)(1)

Causing serious bodily harm while driving under the influence of alcohol

2.5 to 10 years’ imprisonment and a fine up to $5,000; revocation of driver’s license for 2 years

MA General Law 90 §24L

Federal, state and local sanctions for unlawful possession or distribution of illicit drugs range from probation and forfeiture of property to fines and imprisonment. For example, the sanctions against an individual for distribution of, or possession with intent to distribute, controlled substances include imprisonment for several years up to a maximum of life imprisonment, with fines up to $4 million. Sanctions can increase for repeat offenders or for offenses resulting in death or serious bodily harm, and can be doubled for each of the following occurrences: distribution to persons under 18 years of age, distribution within 1,000 feet of a school, including the College Campus School, or employing someone under 18 in the distribution. Attempt or conspiracy to commit a crime can be treated as severely as the intended offense. Many of the state and federal statutes that prohibit the illegal distribution of controlled substances provide for minimum mandatory prison sentences. Conviction for violation of any state or federal drug law can lead to ineligibility for any federal benefit, including grants and loans. Thus a student can make herself ineligible for student loans through drug conviction.

All students should be aware that current federal statutes permit notification of parent(s) regarding a student’s violation of the college’s controlled substance policy. Both designated college administrators and judicial boards may recommend to the dean of students that parental/legal guardian notification occur. The dean of students will make a final determination of the appropriateness of notification, carrying it out if deemed appropriate. (The dean of students may notify parent[s]/legal guardian[s] without a designated college administrator’s or judicial board’s recommendation if she possesses information that would support this step.) Each student should be forewarned that parental/legal guardian notification may occur if a student is found responsible for a violation of the college’s controlled substance policy.

Massachusetts makes it illegal to be in a place where heroin is kept and to be “in the company” of a person known to possess heroin. Any person in the presence of heroin, such as at a private party or a dormitory suite, risks conviction of a serious drug offense. Sale and possession of “drug paraphernalia” is illegal in Massachusetts.

More complete tables of federal sanctions for illegal drug activity are available on the Charts page of this document.

The director of human resources must be notified by an affected employee of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction. The college will then notify the federal funding agency involved, if any, within 10 days after receipt of such notice.

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