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Alcohol and Drug Policies

ALCOHOL AND OTHER DRUGS ON CAMPUS
In compliance with the federal Drug-Free Schools and Communities Act, this handbook contains Gallaudet's policies and applicable laws as well as disciplinary sanctions/penalties related to the use, possession and distribution of alcohol and other drugs; information about the risks and effects of drug and alcohol use and dependence; and resources to assist students who may be having a problem with alcohol or drugs. You are encouraged to read this information in its entirety, as each member of the campus community is responsible for complying with Gallaudet's policy and applicable laws. Ignorance of such rules will not reduce accountability. More importantly, you owe it to yourself.

UNIVERSITY POLICIES
The Student Code of Conduct in the Student Handbook clearly prohibits the following on or off University premises and at University sponsored activities:

Use, Possession, Sale, or Exchange on or off University Premises of Illegal Drugs - This includes the use, possession, distribution, manufacture, or processing of illegal or non - prescribed narcotics and/or hallucinogens except as expressly permitted by law.

Use, Possession or Distribution of Alcoholic Beverages - This includes public intoxication and use, possession, or consumption of intoxicants, or distribution of alcoholic beverages, contrary to circumstances and conditions specified by residence hall policy, University policy, or as expressly permitted by law.

ALCOHOL POLICY
Within the regulations of the law and University policy, the choice of whether or not to drink or how much to drink is a decision of the student. Responsible use of alcohol is controlled behavior that displays the self-respect of the drinker and respect toward those around him/her.

It is illegal for minors to possess and/or drink alcoholic beverages in D.C. and anywhere on or off the Gallaudet University campus. Students of legal age and their guests of legal age may possess and consume alcoholic beverages in the privacy of their residence hall room (with the exception of selected residence halls that have been designated as "dry residence halls"), student organization space (with the exception of the Student Body Government, student organizations, and Graduate Student Association which have spaces located in the Hall Memorial Building and the Buff and Blue and Tower Clock spaces in Ely Center), or during on-campus student organization events that are supervised by Campus Activities. Under no circumstances are alcoholic beverages to be brought to or consumed in any other spaces on campus not defined above. Irresponsible alcohol use resulting in drunken and/or disorderly conduct is not acceptable and is subject to disciplinary action. Selling or serving alcohol on the Gallaudet University campus without permission is prohibited. "Hard liquor" is not permitted at student-organized events. Kegs are not permitted in the residence halls or in student organization spaces, even if it is empty and used for decorative purposes. It is illegal to sell alcohol on or off campus without a license from the D.C. Alcoholic Beverage Regulation Administration (ABRA) Board. For a complete copy of the policies and procedures that must be followed by student organizations when serving/selling alcohol on campus or at Gallaudet sponsored activities, contact the Campus Activities Office.

D.C. CODE
Gallaudet University will follow the D.C. Code concerning alcohol sale and usage. Highlights of the D.C. Code include the following:

Penalties for Illegal Possession or Distribution of Alcohol under D.C. Law
In the District of Columbia:

• It is unlawful to consume or possess an alcoholic beverage in an open container in a public area or place of business not licensed to sell alcoholic beverages. Violations of this provision may result in a fine of up to $500 and/or a prison term of up to 90 days (D.C. Code § 25-1001).
• Persons under age 21 are prohibited from possessing, drinking, purchasing, or attempting to purchase an alcoholic beverage. Persons are also prohibited from falsely representing their age in an attempt to purchase alcohol or enter an establishment where alcohol is served. Violations of this law may result in a fine of up to $1,000 and suspension of driving privileges for up to one year (D.C. Code § 25-1002).
• Persons who purchase, sell or in any other way deliver alcoholic beverages to persons under 21 may be fined up to $5,000 and/or imprisoned for up to one year (D.C. Code §§ 25-781, 25-785).

Penalties for Illegal Possession or Distribution of Illegal Drugs under D.C. Law
In the District of Columbia:

• Intentional possession of a controlled substance (other than pursuant to a valid prescription), is punishable by a fine of up to $1,000 and/or 180 days imprisonment. The intentional manufacture, distribution, or possession with intent to manufacture or distribute a controlled substance is punishable by prison terms ranging from not more than 180 days to not more than 30 years and/or fines ranging from not more than $1,000 to not more than $500,000 (D.C. Code § 48-904.01). Controlled substances are defined in D.C. Code § 48-901.02 and include drugs such as marijuana, cocaine, crack, PCP, LSD, and other narcotics.
• Persons over age 21 who are found to have distributed a controlled substance to anyone under age 18 is subject to even heavier penalties (§ 48-904.06).
• Anyone found to have enlisted or encouraged an individual under age 18 to distribute or sell any controlled substance is subject to an additional fine of $10,000 and an additional prison term of up 10 years.
• A finding that an individual has attempted to commit any of these offenses subjects the individual to the same fines and terms of imprisonment as if the crime were actually committed. Moreover, the D.C. government shall revoke the driver's license of all persons convicted under this law for a period of at least six months and up to two years.
• The use, possession, sale, or delivery of drug paraphernalia to prepare or use illegal controlled substances is prohibited and punishable by a $1,000 fine or a prison term of up to six months. Drug paraphernalia includes pipes, tubes, roach clips, cocaine spoons and vials, bongs, ice pipes or chillers, scales, blenders, bowls, containers, spoons and other devices used for mixing or compounding a controlled substance, and capsules, balloons, envelopes and any other containers used to package, use or store a controlled substance (D.C. Code §§ 48-1101, 48-1103).

Penalties for Illegal Possession or Distribution of Illegal Drugs under Federal Law:
It is a violation of federal law to possess, manufacture, or distribute a controlled substance. Defined by federal statute, controlled substances include marijuana, cocaine, PCP, LSD, and other narcotics. A student or employee found guilty of possessing or distributing a controlled substance in violation of federal law may be subject to some or all of the following sanctions:

• First conviction: Up to one year imprisonment and a fine of at least $1,000 but not more than $100,000, or both.
• With one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both.
• After two or more prior drug convictions: At least 90 days in prison, not to exceed three years, and/or a fine of at least $5,000 but not more than $250,000 (21 U.S.C. § 844(a))

There are special sentencing requirements for crimes that involve the possession of crack cocaine. Convicted persons will receive a mandatory sentence of at least five years in prison, not to exceed twenty years, and/or will be fined up to $250,000 if:

• it is the defendant's first conviction and the amount of crack possessed exceeds 5 grams; or,
• it is the defendant's second conviction and the amount of crack possessed exceeds 3 grams;
• it is the defendant's third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram (21 U.S.C. §§ 853(a)(2), 881(a)(7)).

Federal law may also require forfeiture of property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment (21 U.S.C. § 881(a)(4)); forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance (21 U.S.C. § 844a); and civil fines of up to $10,000 (21 U.S.C. § 853a).

Upon a drug conviction, the federal government may also deny or revoke federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, for up to one year for first offense, and up to five years for second and subsequent offenses, (18 U.S.C. § 922(g)).

A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance will not be eligible to receive any federal grants, loans, or work assistance for at least one year (for first conviction of possession) and possibly indefinitely (for third/subsequent conviction of possession or second/subsequent conviction of sale) (20 U.S.C. §1091(r)).

CAMPUS LIFE POLICIES RELATED TO ALCOHOLIC BEVERAGES AND DRUGS
Campus Life policies govern the use, possession, or distribution of alcoholic beverages and drugs in the residence halls. The policies are as follows:

Dry Residence Halls - Gallaudet University has "dry residence halls" where no alcoholic beverages are permitted, regardless of the age of the residents in those dorms. Ballard North and Ballard West are the designated "dry residence halls" on campus.

Empty Alcohol Bottles or Cans - Residents in dry residence halls or rooms occupied entirely by minors cannot possess any empty alcoholic bottles and/or cans in their rooms, even if they are used for decorative purposes. Discovery of such alcoholic bottles and/or cans, in violation of this policy, will result in their confiscation and a fine for alcoholic beverage possession.

Alcoholic Beverages - Students are expected to follow the D.C. codes and University policies that relate to alcoholic beverages. Students of legal age and their guests of legal age may possess and consume alcoholic beverages in the privacy of their residence hall room. Students in the residence halls shall not sell, offer for sale, or offer as credit purchase any alcoholic beverages. An admission charge to pay for alcohol or related party expenses where alcohol is present or served is prohibited. Residents serving alcohol to minors are subject to disciplinary action. No opened bottles or cans of alcoholic beverages are allowed in public areas (hallways, elevators, stairwells, public restrooms, lounges, and lobby areas of the residence halls). Kegs of beer (any containers requiring taps to operate) are not permitted in any residence halls, even if it is empty and used for decorative purposes. The number of students attending a private party is limited to four (4) times the occupancy rate of a student room.

Drugs - The possession, use, and/or selling of an illicit drug is against Federal regulations and will not be tolerated on University premises. Possession of drug paraphernalia (e.g., hookahs, bongs, pipes, or homemade equipment), drug remnants (e.g., marijuana seeds, stems, or resin), or even the confirmed aroma of marijuana will be considered a violation of the drug policy. Gallaudet University has every legal right to take whatever disciplinary actions are necessary. The Campus Life staff is expected to confront and report any violations.

MANDATORY ALCOHOL AND/OR OTHER DRUG EDUCATIONAL PROGRAM
As an educational component of the University's discipline process, students involved in alcohol and/or other drug violations are required to participate in the University's alcohol and/or other drug educational program.

Attendance at all sessions/workshops or other activity as assigned is mandatory for students required to participate in the program as a result of University disciplinary action, in addition to any fine or other disciplinary actions that may have been imposed. Failure to comply with a mandatory requirement by the stated deadline will result in additional disciplinary action imposed by the University, including loss of residence hall privileges or University suspension.

SANCTIONS FOR ALCOHOL AND OTHER DRUG VIOLATIONS
The sanctions listed are the same regardless of whether the violation is with alcohol or other drugs. Sanctions may also be enhanced based on the severity of the behavior and impact on the community. For instance, an incident involving hospitalization as a result of the abuse of alcohol and/or other drugs will count as two violations because of its severity.

• First violation:
  • Fine;
  • Referral to the Health and Wellness Programs - "Alcohol Education" and/or "Drug Education" workshop(s) or other educational programs.
• Second violation:
  • Fine;
  • Referral to the Mental Health Center for the completion of a clinical evaluation (incurring an additional fee for this assessment);
  • Participation in treatment or community service.
• Third violation:
• • Fine;
  • Loss of residence hall privileges for one year, or University suspension.