Franklin & Marshall College Franklin & Marshall College

Alcohol and Drug Use Policy for Students of the College

Title 34 Notification

Franklin & Marshall College Information Pursuant to The Higher Education Act of 1965 (as amended by the Safe and Drug-Free Schools and Communities Act of 1994), and Department of Education Regulations at 34 C.F.R. Part 86

In accordance with the Drug-Free Schools and Communities Act Amendment of 1994, and the laws of Pennsylvania, Franklin & Marshall hereby provides the following important information to its students and employees.

GENERAL ALCOHOL AND DRUG POLICY

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and others, zero tolerance for disruptive behavior resulting from alcohol and other drug abuse, and compliance with the law. Substance abuse is uniformly and consistently addressed through practice, policy, enforcement, education and treatment. The entire campus community shares responsibility to eliminate alcohol and other drug abuse and the consequences of abuse. The mission of the College is supported and enhanced by these community standards.

The College expects each student as well as all faculty and employees to obey federal, state and local laws concerning alcoholic beverages. Students, faculty and employees who are legally privileged to use alcohol are expected to do so in a way that does not bring discredit upon themselves or the College or interfere with the rights, freedoms, or safety of others. The College further stresses that any student who illegally uses alcoholic beverages is subject to the jurisdiction of the civil authorities as well as College disciplinary procedures. The College defines its relationship with students in this area as non-custodial and stresses that there is no “special relationship” created by their status as students as it pertains to the law. The College will take no responsibility for any actions taken by students who have been drinking, whether on or off campus.

COLLEGE EXPECTATIONS

  • Students and their guests who are 21 or older may consume alcoholic beverages in their rooms. However, excessive volumes of alcohol are prohibited in College-owned or College-approved residential facilities in which students reside, and at activities in College-owned residential facilities and on campus grounds that have not been registered with and approved in advance by College officials. All social events on campus at which alcohol may be consumed must be registered with and approved in advance by the appropriate College official.
  • Alcohol may not be consumed by students in the following areas of the campus: academic and administrative buildings, Mayser Center, the athletic fields and North Campus (except in appropriately licensed retail operations).
  • Individuals may not carry alcoholic beverages in an open container on campus property except at registered College functions at which approval has expressly been granted for such behavior.
  • Open containers of alcohol are prohibited on City streets.
  • In accordance with state law, College employees (including House Advisers) may not serve alcohol to minors or purchase alcohol for consumption by minors.
  • College monies may not be used for purchasing alcoholic beverages for underage students, and alcoholic beverages may not be sold on campus or by any student group.
  • The College very strongly discourages students from taking part in drinking games and prohibits the consumption of grain alcohol since both activities have led to alcohol abuse and critical medical situations for our students in the past.

Students who do not confirm to these expectations will be subject to disciplinary action and confiscation of alcoholic beverages and alcoholic beverage containers (if applicable) by the Department of Public Safety and referral for disciplinary action.  Moreover, students who are drunk and/or disorderly, whether in possession of alcohol or not, will also be referred for disciplinary action.  Intoxication will not be an excuse for misbehavior; Indeed, misbehavior while intoxicated may be dealt with more strongly than simple misbehavior.  Depending on the nature and severity of the offense, College officials will impose sanctions consistent with College Policy, local, state and federal law. 

Possible sanctions include expulsion from the College and are further described under the heading “Disciplinary Actions and Penalties” in the College Life Manual.

ALCOHOL/DRUG POLICY SANCTIONS

Franklin & Marshall College is committed to maintaining a healthy and safe environment that promotes respect for oneself and for others. The College is committed to the implementation of a program to prevent unlawful possession, use, or distribution of illicit drugs and alcohol by its students, on or off premises or as part of any of its activities.

The Judicial Officer or panel has the discretion to determine the enforcement of this policy and its outcomes. See Alcohol and Drug Policy Violations in the College Life Manual.

During the period of a Deferred Suspension, if the student is found in violation of any College policy, the student will immediately be suspended from the College.

A strike will be forgiven one calendar year after the date of the initial violation, provided that the student has not violated any College alcohol or drug policy during that one-year period. For each subsequent 100-consecutive-day period without violations, an additional strike will be removed.

AMNESTY POLICY

The following students will not be subject to the sanctions of the College’s Alcohol and Drug Policy (Health and Well Being Interventions may still be issued):

  1. Students who are seeking medical assistance for another student.
  2. Students who are seeking medical assistance for themselves.
  3. Students for whom medical assistance has been sought by another student.

POLICY REVIEW AND AMENDMENT

The Office of the Dean of the College will oversee the periodic review of the College’s alcohol policy to assess the alcohol policy’s effectiveness and ensure that disciplinary sanctions are consistently enforced.

PENNSYLVANIA LAW

  • All persons while in the Commonwealth of Pennsylvania are subject to the Pennsylvania Liquor and Penal Code.
  • It is illegal for anyone who has not reached the age of 21 to possess, transport, or drink alcoholic beverages in Pennsylvania.
  • The law also prohibits the selling or furnishing of alcoholic beverages of any kind to persons under 21 years of age by any agency or any person. ‘Furnish’ is defined as: “To supply, give or provide to, or allow a minor to possess on premises or property owned or controlled by the person charged” (Pennsylvania Crimes Code, 1986).
  • In addition, it is unlawful to misrepresent one’s age to any person to obtain alcoholic beverages or to represent to any person that a minor is of age.
  • Further, it is unlawful to transport liquor that was not purchased, obtained, or possessed according to Pennsylvania law.
  • It is illegal to possess, manufacture, or sell a false ID card whether or not the card is used to obtain alcoholic beverages. It is also illegal to attempt to obtain alcoholic beverages by using another person’s ID card.
  • The law has been interpreted to mean that no person under 21 years of age may pay assessments that will be used in whole or part for the purchase of alcoholic beverages.
  • Finally, it is against the law to charge admission to an event at which alcohol is being served (or to sell alcoholic beverages) without a liquor license. The College does not have a liquor license.

All students should be aware of the following sections of the 1986 revision of the Pennsylvania Crimes Code, Title 18, Act 31: Liquor Law Violations and Penalties.

Section 6307 Misrepresentation of Age: A person, being under the age of 21, knowingly and falsely represents himself to be 21 years of age or older...for the purpose of procuring or having furnished to him, any liquor or malt or brewed beverages.... FIRST OFFENSE: Summary violation, $300 fine and suspension of driver’s license for 90 days. SUBSEQUENT OFFENSE (S): Misdemeanor III, $500 fine, suspension of license for 1–2 years. MANDATORY SENTENCING.

Section 6308 Possession and Transportation: A person...less than 21 years of age, attempts to purchase, purchases, consumes or possesses, or knowingly and intentionally transports liquor.... Parents notified of arrest. FIRST OFFENSE: $300 fine, suspension of license for 90 days. SUBSEQUENT OFFENSE (S): $500, suspension of license for 1– 2 years.

Section 6309 Representing that Minor is of Age (i.e. a person other that yourself): ...guilty of a misdemeanor of the third degree if he knowingly, willfully and falsely represents to any licensed dealer, or other person any minor to be of full age, for the purpose of inducing...to sell, furnish any liquor...to the minor. PENALTY: $300–2,500 fine, one-year imprisonment or both. MANDATORY SENTENCING.

Section 6310 Inducement of Minors to Buy Liquor: ...misdemeanor of the third degree if he hires or requests or induces any minor to purchase, or offer to purchase liquor...from a...licensed dealer for any purpose. PENALTY: as in section 6309 above. MANDATORY SENTENCING.

Section 6310.1 Selling or Furnishing to Minors: A person...intentionally and knowingly sells or...furnishes, or purchases with the intent to sell or furnish, any liquor... to a person...(under the age of 21). FIRST OFFENSE: Misdemeanor III, $1000–2,500 fine, one-year imprisonment, or both. Subsequent: $2,400–5,000 fine, one-year imprisonment. MANDATORY imprisonment. MANDATORY SENTENCING.

GENERAL DRUG POLICY

The College expects students, faculty and employees to obey all federal, state and local laws regarding drugs. The manufacture (e.g., growing a marijuana plant in your closet), sale, or use of illicit drugs or controlled substances may subject you to serious legal sanctions. Penalties for the manufacture or sale of drugs are even more severe if the violation occurs within 500 feet of an educational institution, such as the College. Conviction may result in substantial fines, imprisonment and/or long periods of community service. Legal defense against drug charges, even without conviction, may cost many thousands of dollars. If you are receiving a Pell Grant, conviction may result in suspension of payments or termination or debarment from this financial aid program. In addition, a felony conviction will make you ineligible to vote or hold political office. Felony and (in some states) misdemeanor convictions on drug charges will make you ineligible for professional licenses required to practice medicine, law, psychology, nursing, etc. Intoxication from illicit drugs may impair your judgment and put you at greater risk of performing a negligent act (e.g., an automobile accident in which someone is injured) for which you could be sued. You may also risk being included in a lawsuit if you sell or provide drugs to a person who, after using them, goes on to perform a negligent action. The expense of your legal defense and judgment against you could pose considerable financial hardship to you and your family. Complete text of the Federal and State Drug Laws is available at the Shadek-Fackenthal Library. The text of any local drug laws is available at the Lancaster County Courthouse Law Library at 50 N. Duke St., Lancaster. See the Student Code, Article 10, for College regulations prohibiting the sale, possession, or use of illegal drugs.

HEALTH RISKS

Alcohol-- Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and mental functioning. Low doses of alcohol can significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce these effects.

Repeated use of alcohol may lead to dependency, which often causes permanent damage to vital organs. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Women who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation.

Cannabis (such as marijuana, hashish)-- The use of marijuana may impair or reduce short-term memory and comprehension, alter sense of time, reduce coordination and energy level, and cause paranoia. Users often have lowered immune system functioning and an increased risk of lung cancer. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.

Non-medical use of Prescription Medications.  Prescription medications, because they are used to treat legitimate medical conditions, are often viewed as safe and harmless, when in fact, these medications can have serious health consequences when used casually or recreationally, without medical supervision.  Students who take prescription drugs for non-medical reasons are at least five times more likely to develop a drug abuse problem than those who don’t. 

Stimulants (such as Adderall & Ritalin) -- Because of their ability to increase alertness, attention and energy, these medications may be sought out by students, especially when they are experiencing academic demands.  Yet nonmedical prescription stimulant use is associated, on average, with lower academic performance.  Stimulant medications may result in elevated blood pressure, dangerously high body temperatures, irregular heartbeat, and cardiovascular failure or lethal seizures. 

Opioid Painkillers (such as Vicodin, OxyContin) – Nonmedical use of these medications are associated with increased risk of choking, loss of menstrual periods and fertility, slowed breathing rate and potential for breathing to stop and death.

Sedatives and Tranquilizers (such as Valium, Xanax) – Misuse of these medications is associated with memory problems, abnormal body temperature and coma or death. 

Depressants (such as barbiturates, methaqualone)-- Use of depressants can cause slurred speech and disorientation. Overdose may result in shallow breathing, clammy skin, dilated pupils, rapid pulse, coma, and possibly death.

Hallucinogens (such as LSD, mescaline, PCP)-- Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP) affects the section of the brain that controls the intellect and keeps instincts in check. Because the drug blocks pain receptors, PCP episodes may result in self-inflicted injuries. Overdose can lead to psychosis and possibly death.

Narcotics (such as heroin, opium, morphine, codeine, methadone)-- Heroin is an opiate drug that causes the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in heart rate. Use of narcotics may cause drowsiness, respiratory depression, and nausea. Overdose may lead to shallow breathing, convulsions, coma, and possibly death.

Stimulant Drugs (such as cocaine/crack, amphetamines)-- Cocaine users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, followed by depression. Crack, or freebase rock cocaine, is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, convulsions, and even death. Amphetamines can cause a rapid or irregular heartbeat, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts. An overdose of stimulants may cause agitation, hallucinations, convulsions, and possibly death.

HELP FOR ALCOHOL OR DRUG CONCERNS

Episodes of intoxication or alcohol/drug-related injury that threaten a person’s health or safety are emergencies that must be attended to swiftly. Call 911 for an ambulance and Public Safety (717-291-3939) for assistance.

Literature describing the risks and effects of alcohol or drug use is available at Counseling Services (Appel, 717-291-4083), Health Services (Appel Infirmary, 717-291-4082) and in the Student Health Advisory Committee Pamphlet Rack in the Steinman College Center. You may also consult the College Physician or a Counseling Service Counselor to discuss concerns about your substance use or your involvement with someone else who is using alcohol or other drugs. The College Physician or Counselor can also refer you to other sources of information, outpatient, or hospital treatment in Lancaster, or help you to arrange for treatment in your home community. Consultation with the College Physician or Counseling Services is confidential. You may anonymously contact Counseling Services or Health Services or Compass Mark in the Lancaster Community (www.compassmark.com or 717-299-2831) for information about the time and location of AA or Al-Anon meetings.