Drug Prevention Program Policy

The University of Findlay’s Drug Prevention Program

Applies to: Faculty, staff, graduate students and associates, student employees, students, volunteers, vendors, and visitors

The U.S. Department of Education requires that every institution adopt and implement a drug prevention program policy that is then distributed to University employees and students. The philosophy and the specific guidelines of the University of Findlay’s drug prevention program policy are shared in the text that follows. I encourage you to read these guidelines thoroughly.

Philosophy:

The primary objective of the University is to contribute to the growth of the student and to provide positive faculty and staff role models. We believe illicit drug use, misuse of prescription drugs, and the excessive or illegal consumption of alcohol is incompatible with the educational process and inconsistent with the basic purpose of any academic community. The University of Findlay provides programs, support, and resources to promote health-enhancing experiences. Additionally, University of Findlay seeks to encourage responsible bystander behavior and timely reporting.

Pursuant to the requirements of the Drug-Free School and Community Act Amendments of 1989 (PL 101-226), University of Findlay has adopted and implemented drug and alcohol policies and programs designed to prevent drug and alcohol problems within the university setting. The policies and programs aim to identify problems at the earliest stage, motivate the affected individuals to seek help, and to direct the individual toward the best assistance available. 

Standards of Conduct

The University of Findlay recognizes that the manufacturing, sale, possession, or use of illegal substances is incompatible with federal law. The University of Findlay will not permit the unlawful possession, use, or distribution of any illegal substances or paraphernalia. Violators of this policy will be subject to University sanctions up to and including possible suspension from the University of Findlay.

The possession, distribution, cultivation or use by any student or employee, of any narcotic or hallucinogenic drugs in either the refined or crude form, except under the direction of a licensed physician and as permitted by federal law, is prohibited on University owned or controlled properties and at functions sponsored by the University of Findlay off campus. Non-Medical use of prescription medication is prohibited, including taking prescription medications not prescribed to the student, distributing personal prescription medication to others, whether for a fee or for free, using the prescriptions in manners not intended by the prescribing physician (i.e. nasal ingestion), or misusing medication for a desired effect not intended by the prescribing physician.

The possession, distribution, and/or consumption of alcoholic beverages are not permitted on any property owned or controlled by the University of Findlay or at functions sponsored by the University of Findlay off campus. The only time there shall be an exception to this policy is when the President, Vice President for Business Affairs, and Vice President for Student Affairs, at their sole discretion, determine that alcohol may be present at specific events/locations on or off campus. The UF Alcohol Policy and the UF Drug Policy permits the University to set more stringent regulations than those identified in local, state, and/or federal laws.

Legal Requirements

Under local, state, and federal laws, it is a crime to do any of the following. For more information, see the Ohio Department of Commerce and U.S. Drug Enforcement Administration.

I. Underage Drinking

  1. Purchase, order, pay for, or share the cost of alcohol if you are under 21.
  2. Possess alcohol if you are under 21.
  3. Consume alcohol if you are under 21, unless it is provided by and consumed in the presence of your parent, legal guardian, or adult spouse who is 21 or older.
  4. Sell alcohol to, buy alcohol for, or furnish alcohol to anyone under 21.
  5. Allow anyone under 21 who possesses or consumes alcohol to remain in your home, apartment, or in other property that you own or occupy.

II. False Identification

  1. Show or give false information about your name, age, or other identification to purchase or obtain alcohol if you are under 21.
  2. Provide false information about the name, age or other identification of another person under 21 to purchase or obtain alcohol for that person.

III. Open Containers

  1. Have an open container of alcohol in your possession in any unlicensed public place.
  2. Have an open container of alcohol in your possession while driving or riding in or on a motor vehicle.
  3. Have an open container of alcohol in your possession while in or on a motor vehicle that is parked in or on a highway, street, or other place open to the public for parking.

IV. Transportation

  1. Operate a vehicle under the influence. If you are under 21, you are considered to be operating a vehicle under the influence if your blood alcohol level is .02 or higher and 0.08 at age 21. Refusing an alcohol test results in an immediate administrative license suspension.
  2. Consume alcohol while in a motor vehicle.
  3. Drive while under the influence of alcohol.
  4. Be in physical control of a vehicle while drinking or under the influence of alcohol.

V. Disorderly Conduct

  1. Engage in conduct likely to be offensive or cause inconvenience, annoyance, or alarm to others or that poses a risk of physical harm to yourself, to others, or to property while you are voluntarily intoxicated.

VI. Alcohol Sales

  1. Hold an event where alcohol is sold, or an event where alcohol is provided without charge but there is an entrance fee, cover charge, or other fee, without an appropriate permit. Information on how to obtain a temporary liquor permit is available from the Ohio Division of Liquor Control.

VII. Illicit Drugs

  1. Sell or offer to sell any controlled substance, or prepare or package any controlled substance for sale.
  2. Distribute any controlled substance, unless authorized to do so by law.
  3. Knowingly obtain, possess, or use a controlled substance without a prescription.

VIII. Local Sanctions: Local sanctions are consistent with Ohio state law as described in section IX below.

IX. State of Ohio Alcohol and Drug Law Criminal Sanctions

A complete list of Ohio drug prohibitions is in Chapter 2925 of the Ohio Revised Code.

  1. Underage drinking: Ohio Revised Code (O.R.C.) 4301.63 provides that no person under the age of 21 shall purchase beer or intoxicating liquor. Penalty for violation: Violation of O.R.C. 4301.63 will result in a fine of not less than $25 but not more than $100.
  2. False identification used to purchase alcohol for someone under 21: O.R.C. 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase, or as a gift. Penalty for violation: Violation of O.R.C. 4301.633 is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than six months and a fine not more than $1,000.
  3. False identification used to purchase alcohol by someone under 21: O.R.C. 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning the same person’s name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the division of liquor control or sold by the division. Penalty for violation: Violation of O.R.C. 4301.634 is a misdemeanor of the first degree, punishable by up to six months imprisonment and fines up to $1,000. If a false or altered state identification card was used in commission of a violation of O.R.C. 4301.634, the punishment is a first-degree misdemeanor with a fine of not less than $250 but not more than $1,000 and up to six months imprisonment.
  4. Open container in a motor vehicle: O.R.C. 4301.64 prohibits the consumption of beer or intoxicating liquor in a motor vehicle. Penalty for violation: Violation of O.R.C. 4301.64 is a misdemeanor of the fourth degree punishable by up to 30 days in jail and a fine up to $250.
  5. Furnishing or selling alcohol to someone under 21: O.R.C. 4301.69(A) prohibits any person from selling or furnishing beer or intoxicating liquor to an person under 21 years of age, or buying it for any person under the age of 21. Penalty for violation: Violation of O.R.C. 4301.69(A) is a misdemeanor punishable by a fine of at least $500 but not more than $1,000, and up to six months imprisonment.
  6. Underage purchase, possession or consumption of alcohol: O.R.C. 4301.69(E) provides that no underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place or knowingly be under the influence of any beer or intoxicating liquor unless he or she is accompanied by a parent, spouse, or legal guardian who is not an underage person, or unless the beer or intoxicating liquor is given for religious purposes or by a physician for medical purposes. Penalty for violation: Violation of O.R.C. 4301.69(E) is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than six months and a fine up to $1,000.
  7. Driving while intoxicated: O.R.C. 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol or drugs. Penalty for violation: A violation of O.R.C. Section 4511.19 is a misdemeanor of the first degree, the maximum penalty for which is a jail term of up to six months and a fine up to $1,000. The court may also impose additional fines, community rehabilitation or intervention programs, and suspend or revoke the offender’s driver’s license. Additional penalties exist for repeat offenders of O.R.C. 4511.19.
  8. Selling or distributing illicit drugs: O.R.C. 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances. Penalty for violation: Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in O.R.C. 2925.03(C), including type and weight of drug. The minimum penalty for a fifth-degree felony can include six to 12 months in jail and/or a fine up to $2,500. The maximum penalty for a first-degree felony can include imprisonment up to 10 years and a fine up to $20,000.
  9. Possessing or using illicit drugs: O.R.C. 2925.11 prohibits any person from knowingly obtaining, possessing, or using a controlled substance. Penalty for violation: Violation of O.R.C. 2925.11 is drug abuse, which may be a misdemeanor or a felony depending on the specific criteria set forth in O.R.C. 2925.11(C), including type and weight of drug. The minimum penalty, a fourth-degree misdemeanor, is punishable by imprisonment of up to 30 days and a fine up to $250. The maximum penalty, a first-degree felony, is punishable by up to 10 years in prison and a fine up to $20,000

X. Federal Drug Laws

For the most current and complete information regarding Federal penalties for drug trafficking, visit the U.S. Drug Enforcement Administration Federal Trafficking Penalties.

  1. Federal law prohibits the trafficking and illegal possession of controlled substances as outlined in 21 United States Code, Sections 841 and 844.
  2. Depending on the amount possessed, first offense maximum penalties for trafficking marijuana range from five years’ imprisonment with a $250,000 fine to imprisonment for life with a $10 million fine for an individual, and from five years imprisonment with a $1 million fine to imprisonment for life with a $50 million fine if not an individual. Also depending on the amount possessed, first offense maximum penalties for trafficking Class I and Class II controlled substances (methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl analogue) range from five years’ imprisonment with a $5 million fine to imprisonment for life with a $10 million fine for an individual, and from five years’ imprisonment with a $25 million fine to imprisonment for life with a $50 million fine if not an individual. First offense penalties for simple possession, 21 USC §844, range from at most one years’ imprisonment or at least a $1,000, fine or both; to at most 20 years’ imprisonment and a fine of at least a $1,000.

XI. Disclaimer

  1. This information is provided as a general summary of the major applicable laws. Laws are frequently amended and reinterpreted, and the application of law to specific situations generally requires an analysis of all of the facts and circumstances. This information should not be substituted for specific legal advice.
  2. If you are charged with a crime it is a good idea to seek advice of an attorney. Updates to these laws are generally reflected on the websites mentioned here, but individuals are ultimately responsible for knowing the laws. This information should not be substituted for specific legal advice.
  3. University policies and rules are campus behavior and safety standards that may result in sanctions, educational outcomes or penalties that are independent of any criminal considerations.
  4. Violation of the laws referenced previously may also be a violation of university policies and rules and could result in university sanctions. It should also be noted that the university's expectations for appropriate behavior are higher than those under the law.

Description of Health Risks Associated with the Use of Illicit Drugs and the Abuse of Alcohol

The illicit use of controlled substances and the abuse of alcohol and legal drugs can result in serious injury to the drug user and others and can result in severe damage to property. The abuse of drugs and alcohol has been proven to impair the coordination, reaction time, emotional stability and judgment of the user. This could have tragic consequences where demanding or stressful work situations call for quick and sound decisions. Serious injury or fatality of the drug abuser, other employees or our students could result from the actions (or lack thereof) of an employee or student under the influence of drugs or alcohol. In addition, the risk of many harmful health conditions associated with the use and abuse of alcohol and drugs are significant and include but are not limited to: depression, anxiety, neurological impairment, kidney failure, cirrhosis of the liver, bronchitis, respiratory and cardiac failure, and death.

For more information on the health risks associated with the use and abuse of alcohol and drugs visit: National Institute on Drug Abuse:  https://www.drugabuse.gov/drugs-abuse

United States Drug Enforcement Administration:  https://www.dea.gov/factsheets

Drug or Alcohol Counseling and/or Treatment Availability

Through University counseling services, health services, and appropriate local agencies, The University of Findlay will assist individuals needing drug or alcohol counseling and/or treatment. A high quality effort will be made to enhance the institution’s capability for offering employees and students meaningful and helpful referral to treatment services when it becomes clear that neither campus prevention nor early intervention activities have met an individual’s needs. Counseling Services can provide other campus and community resources.

Campus Resources:

UF Counseling Services                 307 Frazer Street                                           (419) 434-4526

UF Cosiano Health Center            120 W. Foulke Ave.                                        (419) 434-4550

Community Resources:

Family Resource Center               1918 North Main Street , Findlay, Ohio 45840     (419) 422-8616

Hancock County                            Recovery Resource Guide

Alcoholics Anonymous                 Meeting locator (NW Ohio)

AA Help Line:                                  1-888-683-9768

Narcotics Anonymous                   By Phone

Narcotics Anonymous                   meeting locator

Local Crisis Line (24/7):                  1-888-936-7116

Crisis Text Line:                               Text “4hope” to 741-741

 

University Disciplinary Sanctions

In order to assure that the University drug policy is implemented and at the same time protects the rights of the individual, the following procedures will be employed. When reports reach the appropriate vice president indicating possible drug abuse, the individual will be:

  1. Apprised of this information
  2. Reminded of the drug policy of the university
  3. Urged or required (depending on the discretion of the appropriate vice president) to seek professional help. If required, documented evidence must be submitted and placed in that individual’s file.
  4. Informed of additional procedures that may need to be employed up to and including expulsion or termination of employment or student status and referral for prosecution.

If necessary, an appropriate investigation and/or hearing will be conducted to pursue any alleged drug abuse on the part of an employee or student.

Drug Program Evaluation

An advisory council will conduct a biennial review of the drug program to determine its effectiveness, to implement appropriate changes, and to ensure that its disciplinary sanctions are consistently enforced.

References

U. S. Department of Education’s Office of Safe and Drug Free Schools, Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, Complying with the Drug-Free Schools and Campuses Regulations [EDGAR Part 86]: A Guide for University and College Administrators, Washington, D.C. 2006.

Local:
Local sanctions are consistent with Ohio law as listed under State sanctions.

State:
Ohio Revised Code

Chapters:
2925 - Drug Offenses
3719 - Controlled Substances
4301 - Liquor Control Laws

Federal:

Drug Enforcement Administration