Student Handbook College Illegal Drug Policy

Regulations Governing Student Conduct – Illegal Drugs

The following rules and procedures have been established with regard to the use/abuse of illegal drugs :

1.  The Code of Student Conduct prohibits the use/misuse/ or abuse of illegal drugs. Students are responsible for their own actions; they are also responsible for the actions of their guests.

2.   Campus Safety, Resident Assistants, and other College officials are required to report to the Dean of Students Office when they have knowledge of illegal drug use. The Dean of Students or his or her designee will determine the appropriate course of action.

3.   Students found responsible for violating the regulations pertaining to drug use will be subject to disciplinary action under the Student Conduct Code, the Residential Facilities Policies, and the Housing Contract.   The College may revoke a student’s housing agreement and cause a student to move from a residence hall for the use of illegal drugs. This is in addition to and apart from College Student Conduct Processes.

4.   The College reports drug violations to local law enforcement officials.

Medical Amnesty Policy

The health and safety of all students is Randolph-Macon College’s primary concern including instances of intoxication, overdose, and/or alcohol poisoning. The potential for student conduct sanctions can deter students from seeking medical attention for themselves or others in cases of intoxication, overdose, and/or alcohol poisoning. In order to encourage students to seek help for their peers and themselves, as well as, to remove barriers that prevent students from seeking medical attention, the College has instituted this medical amnesty policy.  The medical amnesty policy applies to all students who seek medical help for themselves and their peers for intoxication, overdose, and/or alcohol poisoning particularly in cases where students are victims of hazing, violence, assault, or other crimes.

The Policy Information

A student who actively seeks medical attention for another student or for their own person due to intoxication or overdose may do so without fear of formal College sanction for violation of the College policies related to illegal use or possession of alcohol or other drugs.  Students granted medical amnesty are required to complete an evaluation and any other recommended treatment at the Center for Counseling Services within a time frame determined by the Office of the Dean of Students.  The Office of the Dean of Students may require the student to participate in the drafting of and adherence to a Behavioral Contract Agreement following the use of the Medical Amnesty Policy.  Failure to complete the evaluation, other recommended treatment, or violation of the Behavioral Contract Agreement will result in student conduct action.  The College reserves the right to take administrative student conduct action in any case that involves the unlawful provision of illegal controlled substances or drugs from one person to another. 

Resources 

If you or another individual are experiencing a medical emergency related to alcohol or other drugs contact the Office of Campus Safety immediately at 804-752-4710 or “O” from an on-campus phone.

Health Risks
Use of illicit drugs may result in serious health consequences. A description of health risks associated with substances covered by the Controlled Substances Act (21 U.S.C. 811) is given on the Drug Enforcement Agency’s website at (https://www.dea.gov/druginfo/factsheets.shtml)

Counseling, Treatment, and Rehabilitation Services
Students are urged to seek assistance for drug and alcohol related problems.  Students may seek assistance in identifying appropriate resources from the College’s Counseling Center.  Any inquiries will be treated confidentially.

Drug and alcohol counseling, treatment, or rehabilitation services are available in the community to students.

Prohibited Conduct

1.   Illegal Drug sale, possession or use – The illicit sale, possession, use, cultivation, production, manufacture, extraction, preparation, offering, offering for sale, distribution, purchase, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation and exportation of stimulant, depressive, hallucinogenic, narcotic or date rape drugs, or any other substance listed on Schedule I of the U.S. Controlled Substances Act and the Convention on Psychotropic Substances, or Schedules I and IV of the Single Convention on Narcotic Drugs, as well as any other violation of the US Controlled Substances Act, the Virginia Drug Control Act, and other applicable Federal and state laws, are prohibited.

The illegal or unauthorized use of any substance listed on Schedules II through V of the U.S. Controlled Substances Act, Schedules II through IV of the Convention on Psychotropic Substances or Schedules I through III of the Single Convention on Narcotic Drugs is also prohibited, which includes, inter alia, the abuse of prescription drugs. The use of any substance controlled under the Controlled Substances Act, Convention on Psychotropic Substances, or the Single Convention on Narcotic Drugs for which valid prescriptions are necessary, when not in possession of a valid prescription is also prohibited.

The Drug-Free Schools and Communities Act Amendments of 1989 require that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property and as part of any of its activities.  To safeguard the opportunity for Randolph-Macon students to benefit from federal financial assistance, to protect the safety and health of the campus community, and to uphold the College’s educational mission, Randolph-Macon College prohibits any drug or drug-related activity deemed illegal by federal law, the Commonwealth of Virginia, and/or the Town of Ashland.  This prohibition includes possession, use, cultivation, and distribution of marijuana, which is a Schedule I controlled substance under federal law, regardless of whether marijuana is considered legal in the Commonwealth of Virginia, or a student’s home state or locality. Also, Randolph-Macon College prohibits the possession, use, cultivation, or distribution of marijuana for medical or recreational purposes on College property and at any College sponsored event or activity off campus.

Any chemical substance that is not for human consumption, but which is consumed by a person for purposes of producing a stimulant, depressive, hallucinogenic, or narcotic effect in that person is considered an illegal drug in those circumstances, under this policy.

In addition, in compliance with the 21 U.S.C. § 813, any chemical “substantially similar” to a controlled substance listed in Schedule I or II (of the US Controlled Substances Act) is to be treated as if it were also listed in those schedules, for the purposes of the Policy on Illegal Drugs. Any substance that the Attorney General temporarily places on a Schedule to avoid an imminent hazard to the public safety, shall be treated as if it were also listed in that schedule, for the purposes of the Policy on Illegal Drugs. Any recommendation by the World Health Organization for the placing of substances on a schedule of the Single Convention on Narcotic Drugs or the Convention on Psychotropic Substances, shall be treated as binding until such time as this decision is ratified by the Commission on Narcotic Drugs.

2.   Possession of drug paraphernalia – The possession of drug paraphernalia such as, but not limited to, bongs, pipes, clips, rolling paper, etc. is prohibited.

The full range of sanctions are available to the appropriate decision making body or administrator in the resolution of violations of the Student Conduct Code.  The College reports drug violations to local law enforcement officials.

Enforcement
The enforcement and operation of this policy is within the purview of the Vice President for Student Affairs and Dean of Students who may be reached at 804-752-7266 or gazdell@rmc.edu and delegated to the associate Vice President for Student Affairs and Associate Dean of Students who may be reached at 804-752-3205 or jamesmcghee@rmc.edu.

The full range of sanctions are available to the appropriate decision making body or administrator in the resolution of violations of the Student Conduct Code.  The College reports drug violations to local law enforcement officials.

Policy Review
Randolph-Macon College will review this policy biennially, at a minimum, to determine its effectiveness and to recommend changes in the program to the Vice President for Student Affairs and Dean of Students if they are needed. Such a review will also confirm that the College’s disciplinary sanctions are consistently enforced.

Laws Regarding Controlled Substances
Both the federal Controlled Substances Act and the Virginia Drug Control Act penalize the unlawful manufacturing, distribution, use, and possession of controlled substances. The penalties vary based on the type of drug involved, amount possessed, and whether or not there was an intent to distribute. Federal law sets penalties for first offenses ranging from one year to life imprisonment and/or $100,000 to $4 million in fines. Penalties may include forfeiture of property, including vehicles used to possess, transport, or conceal a controlled substance or denial of Federal benefits such as student loans and professional licenses (e.g., nursing license, teaching license, admission to the legal bar). Convictions under state law may be misdemeanor or felony crimes with sanctions ranging from six months to life imprisonment and/or $250 to $100,000 fines.

Federal law provides that any person who distributes, possesses with intent to distribute, or manufactures a controlled substance, on or within 1,000 feet of an educational facility is subject to a doubling of the applicable maximum punishments and fines. A similar state law carries sanctions of up to five years imprisonment and up to $100,000 in fines for similar violations.

Additionally, if an individual distributes a controlled substance to a person with the intent to commit a crime of violence, the Drug-Induced Rape Prevention and Punishment Act of 1996 provides criminal penalties of up to twenty years imprisonment. An example of such behavior is giving rohypnol (“date rape drug”) to a person for the purpose of committing rape. Penalties vary widely, depending both on whether distribution or intent to distribute is found and depending on the scheduled “class” of the drug involved.