Drug-Free Schools and Communities Act

Drug-Free Schools and Communities Act

The Drug-Free Schools and Communities Act requires that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by student on their campus or any part thereof.

In satisfaction of this mandate and in order to fulfill its obligations under the Drug Free Schools and Communities Act of 1989, 20 U.S.C. § 1145g, the College has formulated the following standards of conduct for its students and employees:

The possession, manufacture, use, or distribution of alcohol, marijuana, cannabis products or illicit drugs by students and employees on College property, College vehicles or as part of any of the College’s officially recognized activities is prohibited.
Students may possess and use prescription drugs in accordance with the dosages prescribed by a licensed medical provider authorized to prescribe such medications.
Employees are prohibited from reporting to work and/or from operating or using any College equipment, machinery, or vehicle while under the influence of alcohol, marijuana, cannabis products or controlled substances
Students are prohibited from reporting to any curricular or co-curricular class/activity and/or from operating or using any College equipment, machinery, or vehicle while under the influence of alcohol, marijuana, cannabis products or controlled substances.

Student Disciplinary Procedures – Violations of these standards will be referred to the Dean of Student Affairs and Services and may be referred directly to local authorities. Students found guilty of violating these standards of conduct will be subject to one or more of the following sanctions: referral to an appropriate community drug/alcohol treatment program; disciplinary warning; disciplinary probation; restitution; revocation of privileges; restriction of activities; disciplinary suspension; disciplinary expulsion. Definitions and accompanying procedures of these sanctions pertaining to students can be found in the Student Code of Conduct. In addition, the violations may be referred to law enforcement agencies which may result in arrest and criminal conviction. The possible penalties for violating federal, state or local laws are described below. The College reserves the right to take any other action considered necessary by college officials.

Guidelines - In implementing this policy, the following guidelines will be followed:

All New Jersey laws pertaining to alcohol and drug use will be observed, including, but not limited to, legal drinking age, prohibitions against providing alcohol to minors, and restrictions against operation of a motor vehicle while under the influence of alcohol and/or drugs. Compliance with these laws will be assumed in what follows.
The laws of the State of New Jersey pertaining to the unlawful possession, use or distribution of illegal drugs and controlled substances shall be followed specifically. Violations will be referred to Public Safety and/or local law enforcement. If a person’s behavior violates a College regulation and the civil law simultaneously, the College may take disciplinary action independent of that taken by local authorities.
No advertising for beer or other alcohol, marijuana or other cannabis products will be accepted in any campus publication or for display on campus.
Neither the college nor any group of Passaic County Community College, whether officially or unofficially, will be permitted to use any organizational funds held by the institution for the purchase of any kind of alcoholic beverage, marijuana or other cannabis products.

Employee Disciplinary Procedures – Employees who violate the above standards will be reported to the Director of Human Resources and may be referred to all applicable local authorities. Employees found to have violated these standards of conduct will be subject to progressive discipline up to and including termination of employment.

Drug and Alcohol Abuse Prevention - Passaic County Community College refers students with alcohol and drug abuse problems to community-based treatment and rehabilitation programs. The Division of Student Affairs annually conducts a Health Fair and periodically publishes written information, both of which emphasize the health risks associated with alcohol and drug abuse and drug and alcohol counseling, rehabilitation and reentry programs. In addition, the college sponsors numerous educational programs throughout the year. They are specifically concerned with information and prevention of alcohol and drug abuse and are open to all members of the college community.

The Office of Human Resources refers employees with alcohol and substance abuse problems to the Employee Assistance Program at Care Plus New Jersey. This program offers confidential support, short term counseling, referrals, and follow-up services to all employees, as well as their family members.

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

Alcohol
- Profound acute impact on cognitive functioning, i.e., loss of inhibitions, disruption of memory functions.
- Profound chronic impact on cognitive functioning, e.g., permanent memory impairment, dementia.
- Impaired coordination.
- Increased risk of cancer, stroke, heart disease, heart conduction disturbances, stomach lesions, intestinal track injury and liver damage.
- Sexual functioning disturbances.
- Increased risk of accidents, including drowning, fires and falls.
- Increased risk of violence.
Amphetamines (Speed, Ups, Pep Pills, Meth)
- Elevated heart rate, blood pressure and respiration rate.
- Decreased appetite.
- Effects at high doses include: cognitive confusion, physical disorganization, inability to relax and sleep, teeth-grinding, dry mouth, muscle twitching, convulsions, fever, chest pain, irregular heart beat and lethal overdose.
Barbiturates, Sedatives, Tranquilizers (Yellow Jackets, Reds, Red Devils, Ludes, PCP or Angel Dust)
- Difficulty concentrating, maintaining coordination and staying awake.
- Reduces cognitive and motor functioning.
- Increases accident risks.
- Effects at high doses include: slurred speech, staggering, decreased ability to reason and solve problems, difficulty in judging distance and time, double vision, amnesia, depressed breathing, coma, brain damage and respiratory failure, especially when mixed with alcohol.
Cocaine (Coke, Crack, Blow)
- Increase heart rate, blood pressure, breathing rate, and body temperature.
- Constriction of blood vessels.
- Pupillary dilation.
- Effects at high doses include: cognitive confusion and physical disorganization, perspiration, chills, elevated heart rate, nausea, vomiting, hallucinations and possible death from convulsions and respiratory arrest.
Hallucinogens (LSD or Acid, Mesc, DMT, DET)
- Alterations of sensory, emotional and cognitive functioning.
- Elevated heart rate, blood pressure, and body temperature.
- Pupillary dilation, nausea, muscle weakness, dizziness, tremors and exaggeration of normal reflexes.
- Risk of accidents, disorientation, wide mood swings, flashbacks.
- Possible psychosis.
Heroin (H, Horse, Smack)
- Reduces cognitive and physical prowess.
- Blocks hunger.
- Dull aggression.
- Blocks menstrual cycle.
- Reduces sex drive.
- Constricts pupils.
- Induces drowsiness and sedation.
- Causes constipation, itchy skin.
- Increases accident risk.
- High risk of respiratory collapse with overdose.
Inhalants (Poppers, Snappers, Rush, Glue)
- Initial excitement, sedation and confusion.
- Prolonged or regular use could cause bone marrow depression, cerebral damage, liver and kidney disorders, irregular heartbeat and blood pressure, and respiratory disorders.
Marijuana
- Risks of short term memory problems, lung damage, major slowdown in cognitive functioning, loss of alertness and productiveness.
- Possible psychosis with chronic use.

Federal Penalties and Sanctions for Illegal Possession of Controlled Substances:
Federal Trafficking Penalties

DRUG/SCHEDULE	QUANTITY	PENALTIES	QUANTITY	PENALTIES
Cocaine (Schedule II)	500 - 4999 gms mixture	First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual	5 kgs or more mixture	First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Cocaine Base (Schedule II)	28-279 gms mixture		280 gms or more mixture
Fentanyl (Schedule IV)	40 - 399 gms mixture		400 gms or more mixture
Fentanyl Analogue (Schedule I)	10 - 99 gms mixture		100 gms or more mixture
Heroin (Schedule I)	100 - 999 gms mixture		1 kg or more mixture
LSD (Schedule I)	1 - 9 gms mixture		10 gms or more mixture
Methamphetamine (Schedule II)	5 - 49 gms pure or 50 - 499 gms mixture		50 gms or more pure or 500 gms or more mixture
PCP (Schedule II)	10 - 99 gms pure or 100 - 999 gms mixture		100 gms or more pure or 1 kg or more mixture

PENALTIES
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)	Any amount	First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.
Flunitrazepam (Schedule IV)	1 gm
Other Schedule III drugs	Any amount	First Offense: Not more than 10 years. If death or serious injury, not less than 15 yrs, Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not less than 30 yrs, Fine not more than $1 million if an individual, $5 million if not an individual.
All other Schedule IV drugs (except Flunitrazepam)	Any amount	First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
Flunitrazepam (Schedule IV)	1 gm or more
All Schedule V drugs	Any amount	First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties - Marijuana

DRUG	QUANTITY	1st OFFENSE	2nd OFFENSE
Marijuana	1,000 kg or more mixture; or 1,000 or more plants	· Not less than 10 years, not more than life · If death or serious injury, not less than 20 years, not more than life · Fine not more than $10 million if an individual, $50 million if other than an individual	· Not less than 20 years, not more than life · If death or serious injury, mandatory life · Fine not more than $20 million if an individual, $75 million if other than an individual
Marijuana	100 kg to 999 kg mixture; or 100 to 999 plants	· Not less than 5 years, not more than 40 years · If death or serious injury, not less than 20 years, not more than life · Fine not more than $5 million if an individual, $25 million if other than an individual	· Not less than 10 years, not more than life · If death or serious injury, mandatory life · Fine not more than $8 million if an individual, $50 million if other than an individual
Marijuana	more than 10 kgs hashish; 50 to 99 kg mixture more than 1 kg of hashish oil; 50 to 99 plants	· Not more than 20 years · If death or serious injury, not less than 20 years, not more than life · Fine $1 million if an individual, $5 million if other than an individual	· Not more than 30 years · If death or serious injury, mandatory life · Fine $2 million if an individual, $10 million if other than individual
Marijuana	1 to 49 plants; less than 50 kg mixture	· Not more than 5 years · Fine not more than $250,000, $1 million other than individual	· Not more than 10 years · Fine $500,000 if an individual, $2 million if other than individual
Hashish	10 kg or less
Hashish Oil	1 kg or less

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply. The charts were taken from United States Department of Justice, Drug Enforcement Administration, Drugs of Abuse. These charts summarize trafficking penalties under Federal law for various types of drugs.

Alcohol/Drug Related New Jersey Laws and Penalties

Driving While Intoxicated
Statute	Penalty
Operating Motor Vehicles while Under the Influence of Intoxicants (N.J.S.A. 39:4-50) A person is said to be legally intoxicated in New Jersey if their blood alcohol concentration is at or above 0.08%. A person may also be arrested and charged with driving while intoxicated (DWI) if the individual is determined to be under the influence of alcohol or drugs, regardless of the blood alcohol concentration level. A person can also be charged with or convicted of DWI for "allowing" an intoxicated driver to operate their vehicle.	First Offense Under New Jersey Law (P.L. 2003, CHAPTER 314), if BAC is 0.08% or higher, but less than 0.10%, the penalties are a fine of $250-$400; up to 30 day jail term; minimum of six hours per day for two consecutive days in an Intoxicated Driver Resource Center; installation of ignition interlock device in motor vehicle the person most often operates for a period of 3 months. insurance surcharge of $1,000 a year for three years. If BAC is 0.10% or higher, but less than 0.10%, the penalties are a fine of $300-$500; up to 30 day jail term; loss of license for 7-12 months; minimum of six hours per day for two consecutive days in an Intoxicated Driver Resource Center; installation of ignition interlock device in motor vehicle the person most often operates for a period of not less than 7 months nor more than 1 year after license is restored.insurance surcharge of $1,000 a year for three years. If BAC is 0.15% or higher, in addition to the penalties above, installation of an ignition interlock device during the license suspension period and for a period of 9-15 months after license is restored. Second Offense Fine of no less than $500 nor more than $1000; loss of license for 2 years; community service for 30 days from 48 hours - 90 day jail term; 48 hours detainment in an Intoxicated Driver Resource Center; insurance surcharge of $1,000 a year for three years; installation of an ignition interlock device for a period of 2-4 years after license is restored. Third Offense There are additional fines and charges of at least $1,000; loss of license for 8 years; a 180-day jail term; insurance surcharge is $1,500 per year for three years; installation of an ignition interlock device for a period of 2-4 years after license is restored. These fines and charges do not include court and legal fees.
Driving While License is Suspended due to DWI (N.J.S.A. 39:3-40)	First Offense If a person is found driving while their license is suspended due to a conviction of Driving While Intoxicated; they will pay a fine of $1,000; loss of license for a at least 18 months, no more than 30 months; 10-90 days of jail time; and revocation of registration certificate for the period driver’s license is suspended (N.J.S.A. 39:3-40.1) Second Offense Fine of $1,250; loss of license for 18-30 months; 10-90 days of jail time; and revocation of registration certificate for the period driver’s license is suspended (N.J.S.A. 39:3-40.1) Third Offense Fine of $1500; loss of license for 18-30 months 20-100 days of jail time; and revocation of registration certificate for the period driver’s license is suspended (N.J.S.A. 39:3-40.1)
Refusal to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a Every motorist who operates a motor vehicle in New Jersey deems consent to submit to a chemical breath test to determine blood alcohol content. N.J.S.A. 39:4-50.2 (Implied Consent Statute).	First Offense Fine no less than $300, no more than $500; loss of license for 7-12 months; installation of ignition interlock device in motor vehicle the person most often operates for a period of not less than 9 months nor more than 15 months referral to Intoxicated Driver Resource Center; other mandatory fines under N.J.S.A. 39:5-41 Second Offense Fine no less than $500, no more than $1,000; loss of license for not less than 1 year nor more than 2 years; installation of an ignition interlock device for a period of 2-4 years after license is restored referral to Intoxicated Driver Resource Center; other mandatory fines under N.J.S.A. 39:5-41 Third Offense Fine of $1,000; loss of license for 8 years; installation of an ignition interlock device for a period of 2-4 years after license is restored referral to Intoxicated Driver Resource Center; other mandatory fines under N.J.S.A. 39:5-41 A person can also be convicted of DWI without the results of a breathalyzer test. In that case, they will suffer all the additional fines and penalties specified for the DWI conviction.
Underage Driver who has Consumed Alcohol (N.J.S.A. 39:4-50.14)	Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days. In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

Open Alcoholic Beverage Containers
In the Car (N.J.S.A. 39:4-51a)	Anyone found to have an open or unsealed container holding alcoholic beverages in a car faces a fine of $200 for a first offense and a fine of $250 or 10 days of community service for a second offense.
On the Streets	Penalties for possessing and consuming alcoholic beverages in public vary from town to town.
Passaic - Article II, Chapter 75, §75-23 of the Code of the City of Passaic	Passaic - No person shall, within the limits of the City of Passaic