Drug-Free Schools and Campuses Regulations Notice

Pennsylvania State System of Higher Education

Alcohol and Other Drug Prevention

As a requirement of these regulations, Millersville University, a member of the Pennsylvania State System of Higher Education, is required to disseminate and ensure receipt of the below policy/information to all staff and faculty on an annual basis. This process is formally conducted by notification bi-annually through the distribution of this notice to all Millersville University employees.

Please note if you are an employee of the state system who is also a student of a state system university: in addition to this notification, which pertains to you as an employee, you will receive a separate drug free schools notification that pertains to students at your university.

Questions concerning this notice may be directed to the following person on our campus:

As academic communities, Pennsylvania State System universities are committed to providing environments in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. Pennsylvania State System of Higher Education universities enforce state laws and related University policies.

Pennsylvania State System of Higher Education Drug-Free Workplace Policy Statement & Employee Sanctions

As required by the federal Drug-Free Workplace Act of 1988, the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the commonwealth’s employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy, or other personnel policies adopted by the Board of Governors.

Each university strongly encourages staff members to voluntarily obtain assistance for use or dependency before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of alcohol, marijuana, or controlled substances is not considered an excuse for staff expectations and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Counseling and Treatment

Help is available for faculty and staff members who are dependent on, or who abuse the use of alcohol or other drugs. Employees can contact the State Employee Assistance Program (SEAP) (800) 692-7459 for information about substance abuse/addiction counseling, treatment, rehabilitation, or reentry programs. If you wish to contact off campus resources on your own, the Pennsylvania Department of Drug and Alcohol Programs is an excellent resource: www.ddap.pa.gov. On the “Get Help Now” tab at the top of their homepage you will find a list of the county Drug and Alcohol Offices and Treatment Providers. These professional agencies will maintain the confidentiality of persons seeking help for personal dependency or other problems and will not report them to institutional or state authorities. Another state-wide resource that lists treatment providers throughout the state is PAStop, and their link is www.PAStop.org A tab on the top right of their homepage is entitled “Find Help” and when you click on it, a list, by county, of the many agencies in the state of Pennsylvania who provide both prevention and treatment services can be accessed. Click on any agency name to be directed to their organization’s website.

Pennsylvania agencies which can be found through the two websites mentioned above provide a variety of services which may include intake and evaluation, detoxification, intensive outpatient programming, residential programming, DUI evaluations and remedial education. Interested individuals are encouraged to contact each agency for additional information regarding specific services and costs. These professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities.

Pennsylvania Penalties

The legal ramifications of misuse of alcohol and/or controlled substances (drugs) are serious and varied, depending on the circumstances involved. The penalties are determined by examining each individual case. A person can be arrested or cited for violations ranging from summary through felony offenses. State System employees can be referred for prosecution for a violation of the state and/or local laws.

Legal Sanctions

The following is a summary description of the legal sanctions under State and Federal law for the unlawful possession or distribution of illicit drugs and alcohol:

1. Drugs -- State Penalties and Sanctions for Illegal Possession, Sale or Delivery of a Controlled Substance:

1. The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq. sets up 5 schedules of controlled substances based on potential for abuse, dangerousness, and medical uses. The Act prohibits, among other things, the manufacture, distribution, sale or acquisition by misrepresentation or forgery of controlled substances except in accordance with the Act, as well as the knowing possession of controlled substances unlawfully acquired. Penalties for first-time violators of the Act range from 30 days imprisonment, a $500 fine or both for possession or distribution of a small amount of marijuana or hashish not for sale, to 15 years imprisonment or a $250,000 fine or both for the manufacture or delivery of a Schedule I or II narcotic.

Fines and terms of imprisonment may be doubled under certain circumstances, including the distribution of a controlled substance to a person under 18 years of age or a conviction for a second or subsequent offense. Immunity from prosecution under Pennsylvania law may be available for certain drug-related offenses for the person who calls 911, campus safety, police or emergency services to report that another person is in need of immediate medical attention to prevent death or serious injury, provides his/her own name, and remains with the person needing medical assistance until emergency services arrive, if the only way law enforcement officers become aware of the violation is due to the call.

2. 18 Pa. C.S. §§ 6314, – A person over 18 years of age who is convicted in any court of this Commonwealth of a violation of section 13(a)(14) or (30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, shall, if the delivery or possession with intent to deliver of the controlled substance was to a minor, be sentenced to a minimum sentence of at least one year total confinement, notwithstanding any other provision of this title or other statute to the contrary. In addition to the mandatory minimum sentence the person shall be sentenced to an additional minimum sentence of at least two years total confinement, notwithstanding any other provision of this title or other statute to the contrary, if the person did any of the following: (1) Committed the offense with the intent to promote the habitual use of the controlled substance. (2) Intended to engage the minor in the trafficking, transportation, delivery, manufacturing, sale or conveyance. (3) Committed the offense within 1,000 feet of the real property on which is located a public, private or parochial school or a college or university. (4) Committed the offense on a school bus or within 500 feet of a school bus stop.

3. Pennsylvania’s Medical Marijuana Act (Apr. 17, 2016, P.L. 84, No. 16) states that growth, processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession and consumption of medical marijuana that is permitted under the Medical Marijuana Act will not be deemed to be a violation of Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act. These activities continue to be subject to penalties and sanctions under U.S. federal law. For more information, see paragraph 2.a below.

4. The Pharmacy Act of 1961, 63 P.S. § 390-8 prohibits, among other things, procuring or attempting to procure drugs by fraud, deceit, misrepresentation or subterfuge or by forgery or alteration of a prescription. The first offense is a misdemeanor, with a maximum penalty of one year's imprisonment, a $5,000 fine, or both. For each subsequent offense, the maximum penalty is three years’ imprisonment, a $15,000 fine, or both.

5. The Vehicle Code, 75 Pa. C.S. § 3802 et seq. prohibits driving, operating or being in actual physical control of the movement of a vehicle while under the influence of alcohol or a controlled substance, or both, if the driver is thereby rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle, if the alcohol concentration in the individual’s blood or breath exceeds the stated limits, or if the individual’s blood contains a controlled substance. Penalties for first-time violators of the Act range from a mandatory term of six months’ probation and a $300 fine to 72 hours imprisonment and a $5,000 fine. Penalties are greater for subsequent violations. Other penalties include suspension of operating privileges, installment of ignition interlock devices, and highway safety training. In addition to the above penalties, the court has discretion to order any or all of the following: drug or alcohol treatment, community service, and/or attendance at a victim impact panel.

2. Drugs -- Federal Penalties and Sanctions for Illegal Possession or Trafficking of a Controlled Substance:

1. 21 U.S.C.S. §§ 841, 844 and 844(a)

For possession: 1st conviction: Up to 1 year imprisonment and fine of at least $1,000 or both. After 1 prior drug conviction: At least 15 days imprisonment, not to exceed 2 years, and fine of at least $2,500. After 2 or more prior drug convictions: At least 90 days imprisonment, not to exceed 3 years, and fine of at least $5,000. Special sentencing provisions for possession of flunitrazepam (the “date rape drug”): imprisonment not to exceed 3 years, a fine of at least $1,000, or both. In addition to the above penalties, the court has discretion, upon conviction, to order a fine in the amount of the reasonable costs of the investigation and prosecution of the offense. Additional penalties, including imprisonment and fines, apply for manufacture or distribution of a controlled substance or possession with intent to manufacture, distribute, or dispense, a controlled substance.

Notwithstanding the enactment of state laws permitting certain transportation, sale, dispensing, distribution, possession and consumption of marijuana under specified conditions, including Pennsylvania’s Medical Marijuana Act, the U.S. Department of Justice has made clear that marijuana remains an illegal drug under the U.S. Controlled Substances Act, and that federal prosecutors will continue to aggressively enforce this statute.

2. 21 U.S.C.S. §§ 853(a) and 881(a) -- Forfeiture of personal and real property used, or intended to be used, to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. Forfeiture of money, controlled substances, drug paraphernalia, firearms, books and records, vehicles, vessels, aircraft or any other conveyance used, or intended to be used, to transport or facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance or any raw materials, products, or equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance.

3. 20 U.S.C.S.§ 1091(r) – A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under federal law, shall not be eligible to receive any grant, loan, or work assistance during the period beginning on the date of such conviction and ending after the interval specified as follows: If convicted of an offense involving the possession of a controlled substance, the penalty for the first offense is ineligibility for 1 year, the second offense is ineligibility for 2 years, and the third offense is ineligibility for an indefinite period. If convicted of an offense involving the sale of a controlled substance, the penalty for the first offense is an ineligibility period of 2 years, and the penalty for a second offense is ineligibility for an indefinite period. A student whose eligibility has been suspended under the above paragraph may resume eligibility before the end of the ineligibility period determined under such paragraph if (1) the student satisfactorily completes a drug rehabilitation program that complies with such criteria as prescribed by regulations, and includes two unannounced drug tests; (2) the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as prescribed by regulations; or (3) the conviction is reversed, set aside, or otherwise rendered nugatory.

4. 21 U.S.C.S. § 862 – Upon conviction of possession, penalties may include (1) denial of Federal benefits, such as grants, contracts, loans, and professional and commercial licenses, up to 1 year for first offense and 5 years for subsequent offenses; (2) requirement to successfully complete an approved drug treatment program, including periodic testing; and (3) perform appropriate community service. These penalties are increased for trafficking.

5. 18 U.S.C.S. § 922(g) -- Ineligible to ship, transport, receive or purchase a firearm or ammunition.

6. Miscellaneous -- Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

3. Alcohol – State and Local Penalties and Sanctions for Illegal Possession or Other Violations:

The Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq., controls the possession and sale of alcoholic beverages within the Commonwealth. The Code (in conjunction with portions of the Pennsylvania Statutes pertaining to crimes and offenses involving minors, 18 Pa. C.S.A. § 6307 et seq., and 18 Pa. C.S.A. § 5505) provides as follows:

1. It is a summary offense for a person under the age of 21 to attempt to purchase, consume, possess or knowingly and intentionally transport any liquor or malt or brewed beverages. The penalty for a first offense is a fine up to $500; for a second offense, a fine up to $1,000; for a subsequent offense, a fine up to $1,000.

2. It is a crime to intentionally and knowingly sell or furnish or to purchase with the intent to sell or furnish, any liquor or malt or brewed beverages to any minor (under the age of 21). "Furnish" means to supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged. The minimum fine for a first violation is $1,000; $2,500 for each subsequent violation.

3. It is a crime for any person under 21 years of age to possess an identification card
   falsely identifying that person as being 21 years of age or older, or to obtain or attempt to obtain liquor or malt or brewed beverages by using a false identification card. The penalty for a first offense a fine up to $300; for a second offense, a fine up to $500; for a subsequent offense, a fine up to $500.

4. It is a crime to intentionally, knowingly or recklessly manufacture, make, alter, sell or attempt to sell an identification card falsely representing the identity, birthdate, or age of another. Fine is minimum of $1,000 for first violation and minimum of $2,500 for subsequent violations.

5. It is a crime to knowingly misrepresent one's age to obtain liquor. Penalties are as stated in (c) above.

6. It is a crime to appear in any public place manifestly under the influence to the degree that individuals may endanger themselves or other persons or property, or annoy persons in their vicinity. Penalty is a fine up to $500 for first offense and up to $1,000 for subsequent offenses.

7. It is a crime to knowingly, willfully and falsely represent that another is of legal age to obtain liquor or malt or brewed beverages. Penalty is a minimum fine of $300.

8. It is a crime to hire, request or induce any minor to purchase liquor or malt or brewed beverages. The penalty is a minimum fine of $300.

9. Sales without a license or purchases from an unlicensed source of liquor or malt beverages are prohibited.

10. It is unlawful to possess or transport liquor or alcohol within the Commonwealth unless it has been purchased from a Pennsylvania State Liquor Store or in accordance with Liquor Control Board regulations.

11. Immunity from prosecution may be available for consumption or possession offenses involving minors for the person who calls 911, campus safety, police or emergency services to report that another person is in need of immediate medical attention to prevent death or serious injury, provides his/her own name, and remains with the person needing medical assistance until emergency health care providers arrive and the need for his/her presence ends if: (1) the only way law enforcement officers become aware of the violation is due to the call, and (2) the person reasonably believes he or she is the first person to make the call.

Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

Denial of Federal Aid (20 USC 1091)

Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

The following is a listing of the most common alcohol and other drug violations, and their penalties, committed under federal and state law. For a more complete description of the offenses, the appropriate federal and criminal and vehicle codes should be consulted.

Drug Offenses

A drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia that is prohibited by law.

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

Prevention and Education

Millersville University supports the Elsie S. Shenk Center for Health Education and Promotion in their role of providing alcohol and other substance use/abuse prevention services, including educational and awareness programming, information, and assistance.

A variety of individual, group and community educational programs and interventions designed to prevent and reduce alcohol and other drug use/abuse are offered to our university community. In addition, some State System universities have a campus-community alcohol and other drug coalition that meets monthly to discuss current substance abuse related issues and trends. For more information concerning current programs, interventions and policies, contact the individual listed above.

As mandated by the Drug-Free Schools and Campuses Act, this notice is distributed to all staff and faculty on an annual basis, and every other year, a biennial review of the comprehensive alcohol and other drug program is conducted. As mentioned earlier, this notice is also distributed to all students on an annual basis as well through a method determined by the individual university that is separate from this notice to employees.

Health Risks of Commonly Abused Substances

Resources for Assistance

Employees are encouraged to seek early help if they feel they have a problem with alcohol and/or other drugs, and to learn how to assist others with substance abuse concerns. With early assistance it is less likely that serious consequences will result from an alcohol or other drug concern. There are resources on campus and in the community for assistance. Some resources include:

• State Employee Assistance Program - https://www.liveandworkwell.com/en/member/benefits/eap.html

• Millersville University Center for Counseling and Human Development, 717-871-7821

• Millersville University Center for Health Education and Promotion - 717-871-4141

• Millersville University Police - 717-871-4357

• Millersville Health Services - 717-871-5250

• Compass Mark- https://www.compassmark.org/addiction-treatment/

• Alcoholics Anonymous- www.aa.org

• Al-Anon – https://al-anon.org/

• Narcotics Anonymous – https://www.na.org

• National Suicide Prevention Lifeline – 1-800-SUICIDE (784-2433) - https://suicidepreventionlifeline.org/ (includes chat feature)

• US Department of Veterans Affairs Educational Services - 1-888-442-4551

• US Department of Veterans Affairs (medical care) – 1-800-827-1000