Appendix A:

Alcohol and Controlled Substance Use

University Alcohol Concern

I. Statement of Policy

Consumption of alcohol is a matter of University concern because the University is committed to maintaining an academic and social environment conducive to the intellectual and personal development of students and to the safety and welfare of all members of the University community. Alcohol consumption can damage most body organs and the brain (particularly areas of the brain responsible for higher brain functions such as problemsolving, decisionmaking, memory, and learning). Alcohol consumption and binge drinking are also linked to high-risk behaviors that have been linked to sexual assault and other criminal behavior. (For more information, see www.collegedrinkingprevention.gov.)

While, the University believes that it cannot deny persons of legal age the right to drink alcohol, it will endeavor to prevent the abuse of drinking privileges by encouraging individuals to behave in an appropriate and responsible manner when drinking alcohol.

Drake traditionally places great value on student autonomy, independence, and responsibility. Consistent with this value, Drake embraces the concept of student ownership in and responsibility for establishing and reinforcing community alcohol standards. Specifically, Drake expects students who use alcohol to:

  • make healthy choices that avoid high-risk behaviors and negative effects on academics, health, or relationships
  • refrain from abuse to self, others, or property
  • maintain control of his or her self and circumstances
  • comply with all applicable laws
  • be informed, supportive peers who look out for one another's welfare

In furtherance of these expectations, Drake will make an effort to educate its students on alcohol-related issues, including, peer groups as part of this effort. Students will receive information on:

  • alcohol standards and policies
  • signs of alcohol problems
  • how to explore and understand their own drinking choices
  • available campus and off-campus resources
  • levels of alcohol impairment
  • effects of tolerance on alcohol consumption
  • effects of other drugs on alcohol consumption
  • how to calculate blood-alcohol levels
  • emergency responses and procedures
  • issues that drive substance abuse

II. Definitions

The following definitions apply throughout this policy.

  1. Alcoholic Beverage. "Alcoholic beverage" means any beverage containing more than one-half of one percent of alcohol by volume, including alcoholic liquor, wine, and beer.
  2. Legal Age. In Iowa, the legal age is 21.
  3. Public Place. A "public place" is any area or building on campus to which the public is permitted access. It does not include private residences.
  4. Intoxicated. A person is intoxicated when one or more of the following are true:
    1. the person's reason or mental ability has been affected;
    2. the person's judgment is impaired;
    3. the person's emotions are visibly excited;
    4. the person has, to any extent, lost control of bodily actions or motions.

III. Medical Amnesty Regarding University Discipline

Drake University's primary concern is the health and safety of its students. Drake is aware that students are sometimes reluctant to seek medical attention in alcohol- and drug-related emergencies, out of fear that they may face sanctions related to possessing or consuming alcohol and drugs. Because these emergencies are potentially life-threatening, Drake wants to do what it can to reduce barriers that prevent students from seeking assistance.

Accordingly, students who seek emergency medical attention for themselves or someone else related to the consumption of alcohol or drugs will be referred for substance abuse evaluation and/or treatment, instead of receiving the University-imposed sanctions referenced above, for the alcohol- or drug-related policy violation.

Medical Amnesty only applies when a student initiates the call for emergency medical attention and only when the emergency medical attention is needed to address alcohol or drug emergencies. It does not apply when the individual suffering from the alcohol or drug emergency is discovered by a University official (e.g., security, RA, etc.).

Medical Amnesty does not apply to violations of the Code of Student Conduct that are egregious, in the judgment of the Dean of Students, including, but not limited to, sexual assault, weapons possession, possession of drugs that induce incapacitation (e.g. Rohypnol or other "date rape drugs"), and all drug offenses beyond mere possession. Drake strongly encourages victims who have been sexually assaulted after consuming alcohol or drugs and witnesses to such assaults to come forward without fear of disciplinary action by the University. Drake strongly encourages students to seek emergency treatment when alcohol poisoning or a drug overdose is suspected.

Signs of Alcohol Poisoning

  • Inability to rouse the person with loud shouting or vigorous shaking
  • Inability by a person who has passed out to stay awake for more than 2-3 minutes
  • Slow or irregular breathing, or lapses in breathing
  • Weak pulse, very rapid pulse, or very slow pulse,
  • Cold, clammy, or bluish skin
  • Vomiting while passed out, not waking up after vomiting, or incoherent while vomiting
  • Seizures

Signs of Drug Abuse

  • Change in behavior, confusion, slurred speech
  • Now onset seizure activity
  • Altered breathing pattern
  • Decreased memory, reflexes, and coordination
  • Agitation, can’t sit still, panic, paranoia

Call 911 if you have any suspicion of an alcohol or drug overdose. The person’s life may be in danger. It is better to be safe than sorry.

IV. Prohibited Conduct

The following conduct is prohibited by Iowa law and Drake University’s Student Code of Conduct. Each act is punishable under as non-academic misconduct under the Code of Conduct, subjects the offender to criminal sanctions under federal, state, or local laws, and subjects the offender to the University fines described in section IV, below. Pursuant to the Drug-Free Schools and Campuses Regulations, some possible criminal sanctions for each offense are set forth below each offense.

Underage Consumption or Possession of Alcohol

Drake University prohibits the consumption or possession of alcoholic beverage by persons under the legal age, except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the person's employment.

Criminal Sanctions

First offense

Simple misdemeanor, $200 fine

Second offense

Simple misdemeanor, $500 fine, plus

  • Completion of a substance abuse evaluation, or

  • Suspension of driver's license for up to 1 year

Third or subsequent offense

Simple misdemeanor, $500 fine, plus suspension of driver’s license for up to 1 year

Supplying Underage Persons with Alcoholic Beverages

Drake University prohibits selling, giving, or otherwise supplying alcoholic beverages to persons under the legal age.

Criminal Sanctions 

Supplies alcohol

Serious misdemeanor, minimum $500 fine

Supplies alcohol, results in serious injury to any person 

Aggravated misdemeanor, fine of $625-$6,250, plus imprisonment of up to 2 years

Supplies alcohol, results in death of any person

Class D Felony, fine of $750-$7500, plus imprisonment of up to 5 years

Public Consumption/Intoxication

Drake University prohibits the consumption of alcohol in public places except to the extent the place has the requisite license or permit (e.g., certain areas of the Olmstead Center), and permission from the Office of Student Life or the President of the University, to dispense alcoholic beverages. Drake University also prohibits being intoxicated, or pretending to be intoxicated, in public places.

Criminal Sanctions

Public consumption / intoxication

Simple misdemeanor, fine of $65-$625, plus up to 30 days in jail.

Providing Alcoholic Beverages to an Intoxicated Person

Drake University prohibits selling, dispensing, or giving alcoholic beverages to an intoxicated person, or one simulating intoxication.

Criminal Sanctions

Providing alcohol to intoxicated person

Simple misdemeanor, fine of $65-$625, plus up to 30 days in jail

Other Violations of Federal, State, or Local Laws Relating to Alcohol

Any act or course of conduct that is a violation of a federal law, the Iowa Code, or the Des Moines Municipal Code also constitutes a violation of this policy. In addition to any criminal or civil penalties, a Drake student is also subject to discipline under the Student Code of Conduct. A Drake student is subject to discipline under the Student Code of Conduct whether or not criminal charges or civil actions are brought against the student, and whatever the outcome of such criminal or civil proceedings may be.

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IV. University Sanctions for Alcohol Violations

Students who violate University's Alcohol Policy face various sanctions based on the number of violations the student has previously committed and other factors relevant to the violation. One sanction violators may receive is a fine payable to the University, in the amounts set forth below. All funds collected as a result of fines will be used for campus-wide alcohol educational programming.

Students who fail to pay a fine within 30 days after receiving notice of the fine will have the fine added to their University bill. Note: The University may place a "hold" on the record of any student who is delinquent in payment of his/her University bill. As a consequence of the hold, the student will be unable to register for class, receive transcripts, or receive diplomas until the bill is paid.

University Sanctions

First Violation

  • Formal reprimand

  • $100.00 fine

  • Additional sanctions may be imposed in the discretion of the Residence Hall Coordinator, the Assistant Director of Residence Life, and/or the Dean of Students.

Second Violation

  • Warning/probation

  • $150.00 fine

  • Additional sanctions (e.g., probation, community service, alcohol assessment/counseling) may be imposed in the discretion of the Assistant Director of Residence Life and/or the Dean of Students

 

Third and Subsequent Violation(s)

  • Probation

  • $200.00 fine

  • Additional sanctions (e.g., removal from residence halls, alcohol assessment/counseling, disciplinary action under the Student Code of Conduct, which could result in suspension or expulsion from the University) may be imposed in the discretion of the Director of Residence Life and/or the Dean of Students

 

V. This Policy Not Exclusive

The foregoing prohibited conduct is meant to establish minimum standards of conduct applicable to Drake students. Nothing in this policy prevents student organizations or other groups from establishing stricter standards for their members. This policy establishes a floor, not a ceiling.

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Drugs

I. Statement of Policy

Drake University has an interest in maintaining an environment suitable to students' personal and professional growth, potential development as persons, and welfare. Drug abuse can lead to cardiovascular disease, stroke, cancer, HIV/AIDS, hepatitis, lung disease, and other physical problems, as well as long-lasting changes in the brain, which may lead to paranoia, depression, aggression, and hallucinations. (For more information, see www.nida.nih.gov/.)

Pursuant to the Drug-Free Schools and Communities Act, the Higher Education Act Amendments of 1998, and the Higher Education Opportunity Act of 2008, the University prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on Drake's property or as part of any Drake activity. Prohibited conduct regarding alcohol is explained above, and prohibited conduct regarding drugs is explained below. Engaging in alcohol-or drug-related prohibited conduct is non-academic misconduct, punishable under Student Conduct, in addition to any sanctions set forth in this Appendix. Any questions about this policy should be directed to the Dean of Students' Office at 271-2835.

II. Definitions

  1. Controlled Substance."Controlled substance" means a drug, substance, or immediate precursor in Iowa Code chapter 124 schedules I through V (see www.legis.state.ia.us/IACODE/), and/or the Federal Controlled Substances Act, 21 U.S.C. § 812 (see http://www.usdoj.gov/dea/pubs/csa/812.htm). "Controlled substance" includes, but is not limited to: heroin, cocaine, marijuana, opiates and opioids (e.g., hydrocodone, Vicodin®, OxyContin®), amphetamines, LSD, MDMA (ecstasy), and steroids. "Controlled substance" under this policy includes simulated controlled substances, which means a substance that is not a controlled substance but that is expressly or impliedly represented to be a controlled substance.
  2. Distribute. "Distribute" means to deliver a controlled substance, other than by administering or dispensing by an authorized healthcare or pharmacy professional.
  3. Manufacture. To "manufacture" a controlled substance includes the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, as well as any packaging or repackaging of the substance or labeling or relabeling of its container.

III. Prohibited Conduct

Possession of a Controlled Substance

Drake University prohibits the knowing or intentional possession of a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by law.

Criminal Sanctions

IOWA

First offense—marijuana

Serious misdemeanor, punishable by imprisonment in county jail for up to 6 months, a fine of up to $1,000, or both

First offense—amphetamines/ methamphetamines

Serious misdemeanor, punishable by imprisonment for up to 1 year, and/or a fine of $315-$1,875

First offense—other controlled substance

Serious misdemeanor, punishable by imprisonment for up to 1 year, and/or a fine of $315-$1,875

Second offense—marijuana

Serious misdemeanor, punishable by imprisonment for up to 1 year, and/or a fine of $315-$1,875

Second offense—other controlled substance

Aggravated misdemeanor, publishable by imprisonment for up to 2 years, and/or a fine of $625-$6,250

Third or subsequent offense—marijuana

Aggravated misdemeanor, publishable by imprisonment for up to 2 years, and/or a fine of $625-$6,250

Third or subsequent offense—other controlled substance

Class D felony, punishable by imprisonment for up to 5 years, and/or a fine of $750-$7,500

FEDERAL

First offense

  • Up to 1 year imprisonment, and/or

  • Fine up to $1,000, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Second offense

  • Imprisonment for 15 days to 2 years, and

  • Minimum fine of $2,500, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Third or subsequent offense

  • Imprisonment for 90 days to 3 years, and

  • Minimum fine of $5,000, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Possession of flunitrazepam (i.e., Rohypnol®, "roofies")

  • Up to 3 years imprisonment, and/or

  • Fine as set forth above, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

First offense—crack cocaine—more than 5 grams

  • Imprisonment for 5-20 years, and

  • Minimum fine of $1,000, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Second offense—crack cocaine—more than 3 grams

  • Imprisonment for 5-20 years, and

  • Minimum fine of $1,000, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Third or subsequent offense—crack cocaine—more than 1 gram

  • Imprisonment for 5-20 years, and

  • Minimum fine of $1,000, plus

  • Fined the fined the reasonable costs of the investigation and prosecution of the offense

 

Civil penalty

  • Possession of certain controlled substances may also result in a civil penalty to the U.S. Government of up to $10,000

In addition to criminal sanctions, a student convicted of a state or federal offense involving possession of a controlled substance based on conduct that occurred during a period of enrollment during which the student was receiving federal financial aid will be ineligible for federal financial aid, as follows:

Federal Financial Aid Ineligibility Period

First offense 1 year
Second offense 2 years
Third or subsequent offense Indefinite

Distribution, Manufacture, or Possession with Intent to Distribute or Manufacture

Drake University prohibits:

  • the manufacture of a controlled substance,
  • the distribution of a controlled substance,
  • the possession of a controlled substance with the intent to distribute it,
  • the possession of a controlled substance with the intent to manufacture another controlled substance, and
  • entering into a common scheme or design with, or conspiring with, one or more other persons to do any of the foregoing acts.

Criminal Penalties

Iowa

All of the foregoing acts are felonies under Iowa law, and depending on the type and amount of controlled substance involved, can result in imprisonment for up to 50 years and a fine of up to $1,000,000, and in the case of methamphetamine, life imprisonment. (For more detailed information, see Iowa Code chapters 124 and 902, at www.legis.state.ia.us/IACODE/.)

Federal

The foregoing acts, depending on the type and amount of the controlled substance and other circumstances, can result in imprisonment for a term up to life imprisonment, a fine of up to $16,000,000, and forfeiture of property used in or derived from the crime. There are mandatory minimum sentences for persons convicted of distributing or manufacturing controlled substances on a college campus, except for offenses involving 5 grams or less of marijuana. (For more detailed information, see United States Code title 21, chapter 13, subchapter I, part D, at www.gpoaccess.gov/USCODE/.)

In addition to criminal sanctions, a student convicted of a state or federal offense involving the sale of a controlled substance based on conduct that occurred during a period of enrollment during which the student was receiving federal financial aid will be ineligible for federal financial aid, as follows:

Federal Financial Aid Ineligibility Period

First offense

2 years

Second offense

Indefinite

Possession, Manufacture, or Delivery of Drug Paraphernalia

Drake University prohibits the possession, manufacture, or delivery of drug paraphernalia. "Drug paraphernalia" means all equipment, products, or materials of any kind used or attempted to be used in combination with an illegal controlled substance, to

  • Manufacture a controlled substance;
  • Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance;
  • Test the strength, effectiveness, or purity of a controlled substance; or
  • Enhance the effect of a controlled substance.

Criminal Penalties

Iowa

Simple misdemeanor, punishable by imprisonment for up to 30 days and a fine of $65-$625

Federal

The sale, import or export, or use of the mail to transport drug paraphernalia is punishable under federal law by imprisonment for up to 3 years and a fine of between $5,000 and $250,000.

V. University Sanctions for Drug Violations

Students who violate University's Drug Policy face various sanctions based on the number of violations the student has previously committed and other factors relevant to the violation. One sanction violators may receive is a fine payable to the University, in the amounts set forth below. All funds collected as a result of fines will be used for campus-wide alcohol educational programming.

Students who fail to pay a fine within 30 days after receiving notice of the fine will have the fine added to their University bill. Note: The University may place a "hold" on the record of any student who is delinquent in payment of his/her University bill.  As a consequence of the hold, the student will be unable to register for class, receive transcripts, or receive diplomas until the bill is paid.

University Sanctions

Possession

First Violation
  • $200.00 fine
  • Probation
  • Additional sanctions may be imposed in the discretion of the Residence Hall Coordinator, the Assistant Director of Residence Life, and/or the Dean of Students.
 
Second Violation
  • Extended probation
  • Removal from the residence hall/housing contract cancellation
  • Drug and alcohol assessment
  • $200.00 fine
  • Additional sanctions may be imposed in the discretion of the Residence Hall Coordinator, the Director of Residence Life, and/or the Dean of Students.
 
Third and Subsequent Violation(s)
  • Referral to Dean of Students for disciplinary action under the Code of Student Conduct, which could result in suspension or expulsion from the University
 

Possession with Intent to Distribute

  • $400.00 fine
  • Removal from residence halls
  • Referral to Dean of Students for disciplinary action under the Code of Student Conduct, which could result in suspension or expulsion from the University
 

 

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Drug and Alcohol Abuse Prevention and Treatment

As stated above, Drake University prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as a part of any of its programs or activities. Students and employees who engage in prohibited or illegal conduct face sanctions, including suspension, expulsion, termination of employment and referral for prosecution.

There are many health risks associated with the use of illicit drugs and alcohol abuse, which vary with the nature of the substance and pattern of abuse. Risks may include, but are not limited to:

  • depression and/or mood swings
  • dependency
  • organ damage
  • mental problems, hallucinations, confusion
  • accidents
  • violent reactions.

Materials outlining health risks in detail and with specificity concerning particular drugs are available in the University Health Center at 3116 Carpenter Avenue (271-3731).

Drake encourages students who think they may have a problem to utilize one or more of the many resources available to get help:

  • Drake University Counseling Center
    3116 Carpenter Avenue
    Des Moines, Iowa 50311
    (515) 271-3864
  • Alcoholics Anonymous®
    www.aa.org (Local meeting information)
  • Narcotics Anonymous
    www.na.org
    Des Moines Help Line: (515) 244-2277
  • National Drug and Treatment Referral Routing Service
    1-800-662-HELP (4357)
  • Substance Abuse Treatment Facility Locator
    http://findtreatment.samhsa.gov

Intervention and Treatment

Drake University believes that alcohol abuse and other forms of drug addiction are serious illnesses usually preceded by a history of substance abuse with inappropriate and destructive behavior patterns. In view of this, as well as the illegality of most psychoactive (mood altering) substances, the University is committed to assist any member of the student community whose behavior shows signs of alcohol/drug abuse or addiction. The purpose of this policy is:

  1. To provide a means by which the University may identify and refer students who suffer from alcohol or other drug abuse or addiction to treatment alternatives, and
  2. To provide a healthy, safe environment for all students and maintain a strong academic environment.

A student may be suspected of alcohol or other drug abuse when alcohol or other drug use is a contributing factor in one or more of following:

  • disruption and/or nuisance behavior;
  • excessive intoxication;
  • civil or criminal offenses;
  • destruction of property;
  • non-attendance of class;
  • deterioration of academic performance; or
  • sexual assault or harassment.

This is, however, by no means an exclusive list.

A student may be required to attend an alcohol education class to explore the various issues related to alcohol use and abuse. Where alcohol or other drug abuse or addiction is suspected, any interested party having firsthand knowledge of the situation or event in question may refer the student to the Dean of Students Office, where an informal assessment on the merits of the referral will be made. If the assessment suggests further action, the University will attempt to encourage voluntary cooperation by the student with the intervention and assessment processes recommended by the University. Should treatment alternatives be proposed by professional/evaluation staff, the University will attempt to encourage voluntary cooperation by the student.

Students who are uncooperative, or who so request, will be granted an informal hearing to review the assessment recommended by the Dean of Students Office. That Office, after the informal hearing, may require that the student undergo a professional assessment/evaluation for alcohol or other drug problems, which the University provides through the Employee and Family Resource Center or Iowa Methodist Hospital.

The hearing, should it be required, will focus on the specific behavioral and/or "use" problems that have been observed and reported. The student will be given an opportunity to respond to these reports, after which the Dean of Students or his or her designee will make a final decision as to whether a formal assessment/evaluation for substance abuse by the professional staff is required.

The student's failure to attend the informal hearing, or to follow through with the formal assessment/evaluation (if so required) or any subsequent treatment recommendations made by the professional staff, will result in the student being withdrawn from classes at Drake University.

Re-entry into University classes will be permitted only upon successful completion of substance abuse treatment and establishment of an ongoing recovery program such as Alcoholics Anonymous or Narcotics Anonymous.

Substance Abuse Task Force, May 1990

University News
December 17, 2014
Drake University has been named to the Kiplinger's Personal Finance list of 100 best values in private universities for 2015, coming in at No. 34.
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