Student Handbook
Controlled Substances Policy
Pacific University promotes healthy responsible personal choices and lifestyles, and a drug- free academic environment conducive to learning and safety.
In supporting that commitment the University has developed the following policy prohibiting certain behaviors. It is the University's position that the abuse of controlled substances prevents members of the University from achieving optimal academic success. This policy is in compliance with the Drug Free Schools and Communities Act of 1992, and does not apply to the legal, legitimate use of medical pharmaceuticals.
University Policy Statement
The freedom and well-being of the community rests in the self control exercised by each of its members. Pacific University promotes healthy, responsible, personal choices and lifestyles, and a community environment conducive to learning and safety in which abuse of controlled substances does not occur. Therefore, in accordance with Pacific Community Standards, manufacturing, distributing, selling, using, or possessing, for illicit purposes, illegal drugs, narcotics, or controlled substances is prohibited. This prohibition applies to campus behavior and extends to those off-campus behaviors that negatively impact the University's ability to pursue its mission.
In the interest of fairness, many factors need to be considered whenever a community member is confronted about these issues. Such factors should include, but not be limited to, the type of substance, the amount involved, the existence of paraphernalia, and the location of the behavior. Primary to the consideration will also be the degree the behavior affects or could affect other community interests such as the individual comfort of roommates or associates, the aesthetics of facilities, the image of the University to its various publics, or the risk of disruption to regular academic pursuits. While each circumstance must be considered on its own merits, the foregoing should not be construed as an erosion of the University's prohibitions.
Responses to Staff and Faculty Violations
It should be noted that violations committed by faculty or staff members will subject those community members to disciplinary action as stated in their respective handbooks.
Responses to Student Violations
Student violations of this policy shall be dealt with by the appropriate disciplinary body (Peer Review Board or Student Judicial Council) and shall be governed by the following:
Level 1
This represents the lowest level of response available to the University. Violations at this level clearly do not involve other people; do not involve manufacture, distribution or sale; do not indicate chronic use or involvement with controlled substances; present a low risk to the University; and do not involve substances deemed to be highly addictive or dangerously mood altering. Level 1 violations may result in 20-30 hours of community service, fines up to $100, restitution for damages, counseling, possible relocation or removal of certain campus privileges, and/or other responses deemed appropriate by the disciplinary authority.
Level 2
This represents the moderate level of response available to the University. Violations at this level may involve other people; indicate chronic or repetitive involvement with controlled substances; involve more highly addictive substances, or present a moderately serious risk to the University's mission and/or the student's individual academic pursuit. Depending upon the nature of the behavior, Level 2 violations may result in community service of 40 hours or more, relocation or removal from residency, removal of certain campus privileges, successful completion of appropriate counseling or drug rehabilitation, restitution for damages, fines up to $200, and/or other responses (not to include suspension or dismissal) deemed appropriate by the disciplinary authority.
Level 3
This represents the highest level of response available to the University. Violations at this level involve the manufacture, distribution or sale of controlled substances; or violations of use or possession that may create high risk to the University and/or to the individual's academic pursuit. Depending upon the nature of the behavior, Level 3 violations may result in removal of certain campus privileges for the balance of the student's college career, restitution for damages, specialized counseling, suspension for a specified period, or dismissal or permanent expulsion from the University. Fines up to $500, and/or other responses including notification to public law enforcement agencies may be deemed appropriate by the disciplinary authority.
For Your Information
This policy is in accord with public law. For more detailed information regarding substances refer to ORS 475.005 and sections following thereafter. This policy does not pertain to alcohol or tobacco that are dealt with in separate statements. Also, it should be noted that abuse of substances not covered by this policy will be addressed in other statements.
Pacific University is required by federal law (the Drug-Free Schools and Community Act) to publish the following:
Alcohol and Controlled Substances/Legal Sanctions
Driving Under the Influence of Intoxicants (DUII)
It is illegal to drive in Oregon with a Blood Alcohol Count (BAC) of .08 or more, or under the influence of intoxicants (alcohol and other drugs). DUII is a Class A misdemeanor that can carry a maximum fine of up to $5,000. You may be found guilty at a lower BAC reading - or even without a breath test if you show visible signs of physical or mental impairment.
Other Drugs and Driving
Oregon's DUII law states that it's illegal to drive under the influence of either intoxicating liquor or a controlled substance (over-the-counter, prescription or illicit drugs), or a combination of both.
Open Container Law
In Oregon, it's against the law to drink any alcoholic beverage in a car on a public highway, and it's illegal for the driver or passenger to have an open container in the car on a highway, moving or not.
Implied Consent Law
This law provides that anyone (whether licensed in this state, some other state or unlicensed) is deemed to have given consent to a blood alcohol count (BAC) test when arrested for driving under the influence (DUII) on a public highway or premises open to the public.
Host/Server Liquor Liability (ORS 471.410)
In Oregon, it's against the law to serve or to make available an alcoholic beverage to a visibly intoxicated individual. Whether you are a host in your home or a server in a licensed establishment, you could be held liable for damages. Penalty: Maximum $2,500 fine plus one year in jail.
Minor in Possession (MIP) (ORS 471.430)
If you are under 21 years of age, it is against the law for you to:
- Purchase, attempt to purchase, or acquire alcoholic beverages.
- Have personal possession of alcoholic beverages.
- Enter or attempt to enter any portion of licensed premises posted or otherwise identified as prohibiting use of minors.
Penalty: You could be fined up to $250 for any of the above offenses.
If you are under 18 and violate the MIP laws pertaining to alcohol or controlled substances, you may lose your driver's license for at least one year. If you are not yet licensed to drive, your right to apply for a driver's license may be suspended for one year or until you are 17, whichever is longer.
Furnishing Alcohol to a Minor
Making alcohol available to a minor is a crime. This would include presenting a gift of alcohol, sharing a drink, or purchasing alcohol for the minor. Selling (collecting party donations) alcohol to a minor is also illegal.
Penalty: The mandatory minimum fine for a first offense is $350. The maximum penalty which could be imposed is a fine up to $2,500, one year in jail, or both.
Identification
If you are 21 or older and attempt to purchase alcoholic beverages or enter an establishment where liquor is served, you must be able to produce a driver's license, or, if the license doesn't have your photograph, an identification card issued by the Motor Vehicles Division.
It is against the law for you to:
- loan your license or ID card to someone else.
- attempt to use a card belonging to someone else or attempt to use a falsified ID card.
- make a written statement of age that is false in whole or in part, or produce any evidence that would falsely indicate your age, either in trying to enter a bar or when applying for an ID card from the Motor Vehicles Division.
Penalty: Violations involving ID cards are considered criminal offenses (Class A misdemeanors) and carry a fine of not more than $2,500 or one year in jail or both.
Possession
Listed below are the penalties for possession of key drugs according to both Federal and State Laws.
| DEA Schedule | Max. Prison Time | Max. Fine | Criminal Class |
|---|---|---|---|
| I: heroin, LSD, other hallucinogens, marijuana, others | 10 years | $100,000 | Class B Felony |
| II: methadone, morphine, amphetamine, cocaine, PCP | 5 years | $100,000 | Class C Felony |
| III: non-amphetamine stimulants, some depressants | 1 year | $2,500 | Class A Misdemeanor |
| IV: valium-type tranquilizers, some less-potent depressants | 30 days | $500 | Class C Misdemeanor |
| V (violation): dilute mixtures, compounds with small amounts of controlled drugs | none | $1000 | not applicable |
Delivery of less than five grams or possession of less than one ounce of marijuana is a Class B felony (see Schedule I). HB 2479 established mandatory evaluation, education and treatment services for those under 18 years of age who are convicted for possession of controlled substances. If services are successfully completed, the charge will be dropped.
Oregon has strong new laws allowing cars, boats, etc. that transport illegal drugs to be seized and forfeited.
Oregon law also provides for a penalty of not more than one year in jail if a person frequents or remains at a place where controlled substances are used. If the only drug found is less than one ounce, then the penalty is an automatic fine of not less than $100.
For complete information on local, state and Federal regulations, contact the Dean of Students Office at 503.352.2212.
Policy Review Process
The Alcohol and Drug Task Force will undertake a biennial review of the Alcohol and Controlled Substances Policy and program. This review will determine the effectiveness of the policy and recommend changes. The review will consist of two reports: outcome and process indicators.
The process indicators will document the number of students and employees involved in various prevention and intervention activities, such as workshops, support groups, counseling sessions, health fairs, peer counseling efforts, etc.
Outcome indicators will document changes that occur as a result of campus drug and alcohol surveys, results of workshops and special events evaluations; reports from the campus security, and/or reports on numbers of referrals, suspensions, expulsions and other disciplinary action related to drug and alcohol use.
The Alcohol and Drug Task Force will include StudentLife staff, financial aid administrators, students, peer counselors, Campus Public Safety personnel and faculty. They will be responsible for working together to create the review process and to make recommendations for improving prevention and intervention programs at Pacific University.