The Drug-Free Schools and Communities Act Amendments of 1989, enacted by Congress as Public Law 101-226, require an institution of higher education to adopt and implement a program designed to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees or be ineligible to receive federal funds or any other form of federal financial assistance. All students are encouraged and cautioned to read the following information. Questions or comments should be addressed to the Dean of Students, Kelley Student Center, Room 210, 765-455-9204, or the Vice Chancellor for Student Affairs and Enrollment Management, Kelley Student Center, Room 234, 765-455-9364.
A. POSSESSION OF UNLAWFUL DRUGS OR ALCOHOL
The University may discipline a student for the following acts of personal misconduct (see NOTE) below):
1. Unauthorized possession, use, or supplying alcoholic beverages to others contrary to law or university policy. Indiana University prohibits:
a. Public intoxication, use or possession of alcoholic beverages on university property (including any undergraduate residence supervised by the university, including fraternity and sorority houses) except as otherwise noted in the IU Code of Student Rights, Responsibilities, and Conduct, Part II, Section H (22) b and Part II, Section H (22) c.
b. Providing alcohol contrary to law.
2. Unauthorized possession, manufacture, sale, distribution, or use of illegal drugs, any controlled substance, or drug paraphernalia. Being under the influence of illegal drugs or unauthorized controlled substances.
NOTE: Students should be advised that under Indiana Law, it is illegal for a minor which is defined as a "person less than twenty-one years of age" to possess or consume an alcoholic beverage. Further, it is illegal for a minor to transport an alcoholic beverage (even if unopened) unless "accompanied by at least one parent or guardian."
B. APPLICABLE LEGAL SANCTIONS
The following information concerns the criminal penalties that can be imposed by State or Federal statute for violations related to alcohol or illegal drug possession, use or distribution. All students are reminded that conviction under state and federal laws that prohibit alcohol-related and drug-related conduct can result in fines, confiscation of automobiles and other property, and imprisonment. In addition, licenses to practice in certain professions may be revoked, and many employment opportunities may be barred. It is impractical to list all the alcohol and drug-related state and federal crimes and penalties, but all persons should be aware that in Indiana any person under 21 who possesses an alcoholic beverage, and any person who provides alcohol to such person, is at risk of arrest. A person convicted of driving while intoxicated may be punished by fine, be jailed and lose the license to drive an automobile. Any selling of alcoholic beverages without a license is illegal. Possession, or use, distribution, or manufacture, of controlled substances (drugs), illegally can result in arrest and conviction or a drug law violation and
- fines up to $10,000 (Indiana)
- fines up to $250,000 (Federal)
- imprisonment up to life (Federal) and
- confiscation of property
C. DESCRIPTION OF HEALTH RISKS ASSOCIATED WITH ALCOHOL AND CONTROLLED SUBSTANCES
All persons should be aware of the health risks caused by the use of alcohol, and by the illegal use of controlled substances (drugs).
- Consumption of more than two average servings of alcohol in several hours can impair coordination and reasoning to make driving unsafe.
- Consumption of alcohol by a pregnant woman can damage the unborn child. A pregnant woman should consult her physician about this risk.
- Regular and heavy alcohol consumption can cause serious damage to liver, nervous and circulatory system, mental disorders and other health
- Drinking large amounts of alcohol in a short time may quickly produce unconsciousness, coma, and even death.
Use of controlled substances (drugs) can result in damage to health and impairment of physical condition, including:
- Impaired short-term memory or comprehension
- Anxiety, delusions, hallucinations
- Loss of appetite resulting in a general damage to the user's health, over a long-term
- A drug-dependent newborn if the mother is a drug user during pregnancy.
- IDS, as a result of "needle-sharing" among drug users
- Death from overdose
Indiana Lifeline Law: Under Indiana’s Lifeline Law, students will not be prosecuted for certain alcohol-related crimes if they call 911 to report a medical emergency, sex offense, or crime so long as they cooperate with law enforcement. (IC 7.1-5-1-6.5)
The health risks associated with drugs or excessive use of alcohol are many and are different for different drugs, but all nonprescription use of drugs and excessive use of alcohol endangers your health. THERE ARE NO GOOD REASONS FOR USING A DRUG THAT IS NOT PRESCRIBED BY YOUR DOCTOR OR FOR DRINKING TO EXCESS.
D. AVAILABLE DRUG OR ALCOHOL TREATMENT
Indiana University Kokomo offers student counseling assistance through:
Elizabeth Barnett, LMHC LCAC Kelley Center 234G; 765-455-9364
Hours: Monday through Friday 8:30 a.m. - 5:30 p.m.
A partial listing of community resources includes:
- TRINITY HOUSE
1907 W Sycamore St
- COMMUNITY HOWARD
3500 S Lafountain St
765-453-0702 Main Campus
- THE GILEAD HOUSE
4073 S Webster St
- MICHIANA BEHAVIORAL HEALTH
1800 North Oak Dr
- DRUG AND OPIATE RECOVERY NETWORK
23 E Main St, Ste 200
- FAIRBANKS HOSPITAL
8102 Clearavista Pkwy
- FOUR COUNTY COUNSELING
1948 W. Boulevard St.
E. UNIVERSITY SANCTIONS FOR VIOLATION OF DRUG-FREE CAMPUS
Violations of the provisions set forth in section "Possession of Unlawful Drugs or Alcohol" of the Drug-Free campus policy are considered "personal misconduct." The University may discipline a student for acts of personal misconduct that are not committed on University property if the acts relate to the security of the University community or the integrity of the educational process. The Vice Chancellor for Student Affairs and the Dean of Students are authorized to impose sanctions for acts of personal misconduct. Sanctions in each case are made only after a meeting and a determination of responsibility. Sanctions will vary depending upon the nature and circumstances of the offense and the student's prior record. These standards require the usual sanction for drug dealing to be suspension or expulsion from the University. Campus disciplinary charges and criminal charges may both be filed for the same action. Students may be subject to sanction by both the campus and by the courts for the same action. For
Campus disciplinary charges and criminal charges may both be filed for the same action. Students may be subject to sanction by both the campus and by the courts for the same action. For complete details of sanctions and the judicial process, refer to Code Procedures.
The IU Code of Student Rights, Responsibilities and Conduct can be viewed at IU Code of Student Rights, Responsibilities, and Conduct