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Drug-Free Schools and Communities Amendment Act

Policy

MacMurray College strictly prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance on College premises; in vehicles provided by MacMurray College; at any work site or location at which College duties are being performed by MacMurray College faculty, students, staff, and administrators; or as part of any other MacMurray College activities.

MacMurray College complies with the Federal Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 [collectively, the "Acts"]. MacMurray College subscribes to and endorses an alcohol and drug policy founded on the principle of freedom with responsibility. The College is dedicated not only to learning and the advancement of knowledge but also to the development of ethically sensitive and responsible persons. The institution will strive to provide an educational environment conducive to making conscientious and healthy decisions when individuals are faced with difficult choices associated with the use of alcohol and legal and illegal drugs.

Individual Responsibility

Members of the College community are individually responsible for being aware of applicable laws, regulations, ordinances, and institutional policy and for complying with them. Consistent with federal, state, and local laws, individuals employed by the College who violate any portion of the above rule will be disciplined according to the severity of the violation.

An employee convicted under a criminal drug statue must report that conviction to his/her immediate supervisor within five days of the conviction. The supervisor must immediately report the conviction to Human Resources. Failure to report such a conviction will result in disciplinary action up to and including termination.

College Responsibility

The Drug-Free Workplace Act of 1988 (Pub. L. No. 100-690, 5151-5160) requires applicants for federally funded grants and contracts to certify that they will institute affirmative steps to prohibit the unlawful manufacture, distribution, possession, and use of controlled substances in the workplace. Controlled substances can be identified as narcotics, depressants, stimulants, and other drugs having abuse potential. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or debarment. Violations of this policy may lead to disciplinary action up to and including termination and referral for prosecution by the appropriate law enforcement agency.

Illinois Drug Laws

Crime Punishment
Drug Crimes
Drug conviction for possession (felony or misdemeanor) Under Student Aid Laws: Cannot obtain any government student aid, loans, or grants for 1 year after 1st conviction for possession; for 2 years after 2nd conviction; and for an indefinite amount of time after 3rd conviction.
Drug conviction for sale (felony or misdemeanor) Under Student Aid Laws: Cannot obtain any government student aid, loans, or grants for 2 years after 1st conviction and indefinite amount of time after 2nd conviction.
Drug Possession
Cannabis (< 2.5 grams)
720 ILCS 550/4
Up to $1500 fine and/or up to 30 days in jail
Cannabis (2.5 grams to 10 grams)
720 ILCS 550/4
Up to $1500 fine and/or up to 6 months in jail
Cannabis (10 grams to 30 grams)
720 ILCS 550/4
1st Offense: Up to $2500 fine and/or up to 1 year in jail
2nd Offense: Felony, up to $25,000 fine and/or 1 to 3 years pen
Cannabis (30 grams to 500 grams)
720 ILCS 550/4
1st Offense: Felony, up to $25,000 fine and/or 1 to 3 years in pen
2nd Offense: Felony, up to $25,000 fine and/or 2 to 5 years in pen
Cannabis (500 grams to 2000 grams)
720 ILCS 550/4
Felony, up to $25,000 fine and/or 2 to 5 years in pen
Cannabis (2000 grams to 5000 grams)
720 ILCS 550
Felony, up to $25,000 fine and/or 3 to 7 years in pen
Cannabis (over 5000 grams)
720 ILCS 550/4
Felony, up to $25,000 fine and/or 4 to 15 years in pen
Prescription Forgery
720 ILCS 570/406(b)(3)
1st Offense: Felony, up to $100,000 fine and/or 1 to 3 years in pen
2nd Offense: Felony, up to $200,000 fine and/or 2 to 5 years in pen
Possession of Drug Paraphernalia
720 ILCS 600/3.5
$750 to $2500 fine and/or up to 1 year in jail
Heroin, Cocaine, Morphine, Methamphetamine, Lysergic Acid or LSD (15 grams to 100 grams)
720 ILCS 570/402
Felony, up to $200,000 fine and/or 4 to 15 years in pen
Heroin, Cocaine, Morphine, Methamphetamine, Lysergic Acid or LSD (100 grams to 400 grams)
720 ILCS 570/402
Felony, up to $200,000 fine or street value and/or 6 to 30 years in pen
Heroin, Cocaine, Morphine, Methamphetamine, Lysergic Acid or LSD (400 grams to 900 grams)
720 ILCS 570/402
Felony, up to $200,000 fine or street value and/or 8 to 40 years in pen
Heroin, Cocaine, Morphine, Methamphetamine, Lysergic Acid or LSD (900 + grams)
720 ILCS 570/402
Felony, up to $200,000 fine or street value and/or 10 to 50 years in pen
Peyote, Barbituric Acid, Amphetamine (more than 200 grams)
720 ILCS 570/402
Felony, up to $200,000 fine and/or 4 to 15 years in pen
Mathaqualone, Pentazocine, Phencyclidine (more than 30 grams)
720 ILCS 570/402
Felony, up to $200,000 fine and/or 4 to 15 years in pen
Anabolic Steroid
720 ILCS 570/402
1st Offense: Up to $1500 fine and/or 30 days in jail
2nd Offense: Up to $1500 fine and/or 6 months in jail
Nitrous Oxide
720 ILCS 5/24.5-5
1st Offense: Up to $2500 fine and/or up to 1 year in jail
2nd Offense: Felony, up to $25,000 fine and/or 1 to 3 years in pen
Sale, Manufacture, Possession with Intent to Traffic Drugs
Cannabis (less than 2.5 grams)
720 ILCS 550/5
Up to $1500 fine and/or 6 months in jail
Cannabis (2.5 grams to 10 grams)
720 ILCS 550/5
Up to $2500 fine and/or 1 year in jail
Cannabis (10 grams to 30 grams)
720 550/5
Felony, up to $25,000 fine and/or 1 to 3 years in pen
Cannabis (30 grams to 500 grams)
720 550/5
Felony, up to $55,000 fine and/or 2 to 5 years in pen
Cannabis (500 grams to 2000 grams)
720 550/5
Felony, up to $100,000 fine and/or 3 to 7 years in pen
Cannabis (2000 grams to 5000 grams)
720 550/5
Felony, up to $150,000 fine and/or 4 to 15 years in pen
Cannabis (more than 5000 grams)
720 550/5
Felony, up to $200,000 fine and/or 6 to 30 years in pen
Cocaine (1 to 15 grams)
720 ILCS 570/401
Heroin (10 to 15 grams)
Morphine (10 to 15 grams)
Methamphetamine (5 to 15 grams)
Felony, up to $250,000 fine and/or 4 to 15 years in pen
Cocaine, Heroin, Morphine, Methamphetamine, LSD (15 grams to 100 grams)
720 ILCS 570/401
Felony, up to $500,000 fine and/or 6 to 30 years in pen
Cocaine, Heroin, Morphine, Methamphetamine, LSD (100 grams to 400 grams)
720 ILCS 570/401
Felony, up to $500,000 or street value and/or 9 to 40 years in pen
Cocaine, Heroin, Morphine, Methamphetamine, LSD (400 grams to 900 grams)
720 ILCS 570/401
Felony, up to $500,000 fine or street value and/or 12 to 50 years in pen
Cocaine, Heroin, Morphine, Methamphetamine, LSD (over 900 grams)
720 ILCS 570/401
Felony, up to $500,000 fine or street value and/or 15 to 60 years in pen
Nitrous Oxide
720 ILCS 5/24.5-10
Felony, up to $25,000 fine and/or 2 to 5 years in pen

Felony increases penalty to 15-20-25-Life.

Increased penalties for use of firearm during commission of offense:

  1. Use of firearm during commission of offense: 15 years added to sentence imposed;
  2. Discharge of firearm during commission of offense: 20 years added to sentence imposed;
  3. Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed.
Penalties
Misdemeanors
730 ILCS 5/5-9-1 & 5/5-8-3
Class A: Up to $2500 fine and/or up to 1 year in jail
Class B: Up to $1500 fine and/or up to 6 months in jail
Class C: Up to $1500 fine and/or up to 30 days in jail
Felony Conviction
730 ILCS 5/5-8-1 & 5/5-9-1
Class X Felony: Up to $25,000 fine and/or 6 to 30 years in pen
Class 1 Felony: Up to $25,000 fine and/or 4 to 15 years in pen
Class 2 Felony: Up to $25,000 fine and/or 3 to 7 years in pen
Class 3 Felony: Up to $25,000 fine and/or 2 to 5 years in pen
Class 4 Felony: Up to $25,000 fine and/or 1 to 3 years in pen

If possession or sale of any drug is within 1500 feet of a school, church, public park, or movie theatre, court may double the fine and the sentence.

If a firearm is in possession at the time of a drug arrest, at conviction, court may double the fine and sentence.

Federal Drug Laws

Drug/Schedule Quantity Penalties Quantity Penalties
Cocaine
(Schedule II)
500 - 4999 gms mixture

First Offense: Not less than 5 years and not more than 40 years. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual.

Second Offense: Not less than 10 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual.

5 kgs or more mixture

First Offense: Not less than 10 years and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

Second Offense: Not less than 20 years and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

2 or More Prior Offenses: Life imprisonment.

Cocaine Base
(Schedule II)
5-49 gms mixture 50 gms or more mixture
Fentanyl
(Schedule II)
40 - 399 gms mixture 400 gms or more mixture
Fentanyl Analogue
(Schedule I)
10 - 99 gms mixture 100 gms or more mixture
Heroin
(Schedule I)
100 - 999 gms mixture 1 kg or more mixture
LSD
(Schedule I)
1 - 9 gms mixture 10 gms or more mixture
Methamphetamine
(Schedule II)
5 - 49 gms pure or 50 - 499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP
(Schedule II)
10 - 99 gms pure or 100 - 999 gms mixture 100 gm or more pure or 1 kg or more mixture
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount

First Offense: Not more that 20 years. If death or serious injury, not less than 20 years or more than life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 years. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.

Flunitrazepam (Schedule IV) 1 gm or more
Other Schedule III drugs Any amount

First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more 10 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV) 30 to 999 mgs
All other Schedule IV drugs Any amount

First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV) Less than 30 mgs
All Schedule V drugs Any amount

First Offense: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 2 years. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Marijuana 1,000 kg or more mixture or 1,000 or more plants

First Offense: Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life. Fine not more than $4 million if an individual, $10 million if other than an individual.

Second Offense: Not less than 20 years, not more than life. If death or serious injury, mandatory life. Fine not more than $8 million if an individual, $20 million if other than an individual.

Marijuana 100 kg to 999 kg mixture or 100 to 999 plants

First Offense: Not less than 5 years, not more than 40 years. If death or serous injury, not less than 20 years, not more than life. Fine not more than $2 million if an individual, $5 million if other than an individual.

Second Offense: Not less than 10 years, not more than life. If death or serious injury, mandatory life. Fine not more than $4 million if an individual, $10 million if other than an individual.

Marijuana More than 10 kgs hashish; 50 to 99 kg mixture
More than 1 kg of hashish oil; 50 to 99 plants

First Offense: Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million if an individual, $5 million if other than an individual.

Second Offense: Not more than 30 years. If death or serious injury, mandatory life. Fine $2 million if an individual, $10 million if other than individual.

Marijuana 1 to 49 plants, less than 50 kg mixture

First Offense: Not more than 5 years. Fine not more than $250,000, $1 million other than individual.

Second Offense: Not more than 10 years. Fine $500,000 if an individual, $2 million if other than individual.

Hashish 10 kg or less
Hashish Oil 1 kg or less

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 it by successfully completing an approved drug rehabilitation program.

Health Risks of Commonly Abused Substances

Substance Nicknames/Slang Terms Risks/Long-Term Effects
Alcohol   Toxic psychosis, physical dependence, neurological and liver damage, fetal alcohol syndrome
Amphetamines uppers, speed, meth, crack, crystal, ice, pep pills Loss of appetite, delusions, hallucinations, heart problems, hypertension, irritability, insomnia, toxic psychosis
Barbiturates and Tranquilizers barbs, bluebirds, blues, yellow jackets, red devils, roofies, rohypnol, ruffies, tranqs, mickey, flying v's Severe withdrawal symptoms, possible convulsions, toxic psychosis, depression, physical dependence
Cocaine coke, cracks, snow, powder, blow, rock Loss of appetite, depression, weight loss, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury
Gamma Hydroxy Butyrate GHB, liquid B, liquid X, liquid ecstasy, G, georgia homeboy, grievous bodily harm Memory loss, depression, severe withdrawal symptoms
Heroin H, junk, smack, horse, skag Physical dependence, constipation, loss of appetite, lethargy
Ketamine K, super K, special K Major convulsions, muscle rigidity
LSD acid, stamps, dots, blotter, A-bombs May intensify exciting psychosis, panic reactions, can interfere with psychological adjustment and social functioning, insomnia
MDMA ecstasy, XTC, adam, X, rolls, pills Same as LSD, sleeplessness, nausea, confusion, increased blood pressure, sweating
Marijuana/Cannabis pot, grass, dope, weed, joint, bud, reefer, doobie, roach Bronchitis, conjunctivitis, lethargy, shortened attention span, cancer
Mescaline peyote cactus May intensify existing psychosis, hallucinations at high doses
Morphine M, morf Physical dependence, constipation, loss of appetite
PCP crystal, tea, angel dust Psychotic behavior, violent acts, psychosis, hallucinations at high doses
Psilcoybin magic, mushrooms, shrooms May intensify existing psychosis, confusion, memory loss, shortened attention span, flashbacks
Steroids roids, juice Cholesterol imbalance, acne, baldness, anger management problems, masculinization of women, breast enlargement in men, premature fusion of long bones preventing attainment of normal height, atrophy of reproductive organs, impotence, reduced fertility, stroke, hypertension, congestive heart failure, liver damage

MacMurray College Policies as Listed in The Maggie

Alcohol / Illegal Drugs

Following is the statement regarding alcohol and illegal drugs from the United Methodist Social Principles Document (1984):

We affirm our long-standing support of abstinence from alcohol as a faithful witness to God's liberating and redeeming love for persons. We also recommend abstinence from the use of marijuana and any illegal drugs. As the use of alcohol ... is a major factor in both disease and death, we support educational programs encouraging abstinence from such use.

The College is committed to fostering an environment which encourages good citizenship and a corresponding respect for state and local laws, as well as for institutional regulations. This philosophy is particularly applicable to the use of alcohol/illegal drugs by MacMurray students.

Alcohol

MacMurray students who are younger than Illinois' legal drinking age of 21 are prohibited from possessing (includes closed containers) or consuming alcoholic beverages on College property. Students who are at least 21 years of age may consume alcoholic beverages only in the privacy of the residence hall rooms with the door closed. Students under the age of 21 may not be present. All students who are in a room where alcohol is present and there are underage students will be subject to disciplinary action. The question of who is consuming alcohol is irrelevant in cases where both alcohol and underage students are present. Kegs, party balls, and jugs are prohibited whether open or closed, and are subject to confiscation.

Behavior which interferes with the rights of any other member of the campus community, especially other residents, and which is precipitated by or includes the use of alcoholic beverages will result in disciplinary action. This includes but is not limited to loud parties, disorderly conduct, disturbing the peace, public drunkenness, rude conduct toward College employees or other residents, and providing alcohol to minors. To help deter abusive drinking behavior, no more than 10 persons are allowed in a room or suite where alcoholic beverages are being served. College sanctions involving underage students and alcohol are considered more severe and include confiscation. Should a question of "who" is in possession of alcohol arise, the resident(s) of a room in which a violation occurs will be assumed to have principal responsibility even though he/she might not be present when the offense is discovered.

It will be standard procedure for RAs and/or RDs to check all students' cups and/or glasses for alcoholic beverages when the cup and/or glass is carried outside of the resident's room (i.e. lounge, hallways, restrooms, etc.). This is not intended as an infringement on the rights of students but rather a means by which a positive environment is fostered for all students. Any alcohol brought into a building must be in a brown paper bag or covered container.

Illegal Drugs

The illegal use of drugs is a Level III disciplinary offense and the possession of drug paraphernalia by MacMurray students is a Level II offense and is not condoned. The College cooperates fully with local law enforcement agencies and is prepared to pursue prosecution in cases which suggest drugs and drug dealing.

As with questions regarding "who" is in possession of drugs, room residents bear the same responsibility in the determination of "who" possesses alcohol. Effective August 15, 1997, the School Reporting of Drug Violations Act became law. The act reads as follows:

"S.H. A. 105 ILCS 127/2
2. DUTY OF SCHOOL ADMINISTRATORS. It is the duty of the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the municipal police department or office of the county sheriff of the municipality or county where the school is located violations of Section 5.2 of the Cannabis Control Act and violations of Section 401 and subsection (b) of Section 407 of the Illinois Controlled Substances Act occurring in a school; on the real property comprising any school; on a public way within 1,000 feet of a school; or in any conveyance owned, leased, or contracted by a school to transport students to or from a school or a school related activity within 48 hours of becoming aware of the incident."

In response, as required by the law, MacMurray College will report all drug violations to the Jacksonville Police Department within 48 hours of the reporting of any drug-related incident.

Substance Abuse Education

Substance abuse education programs are presented periodically to provide valuable information and assist students to make informed choices. Counseling referrals are also utilized by the College in its efforts to promote student welfare on campus.

Discipline

Standards of Conduct Pertaining to Alcohol/Other Drugs

It is the intent of the College to establish a climate conducive to the assumption of responsible conduct by students and the assurance of regard for the rights and welfare of others. The regulations set forth herein are generally intended to ensure the College's ability to meet its educational objectives.

Specific examples of misconduct for which students may be subject to disciplinary action include but are not limited to

  1. possession or use of weapons, firearms, fireworks, explosives, or flammable material;
  2. possession, use, or distribution of narcotics, hallucinogenic drugs, or other controlled substances, including drug paraphernalia;
  3. use or possession of any alcoholic beverages by persons under age 21;
  4. behavior which obstructs or disrupts the orderly educational or administrative operation of the College;
  5. behavior which is coercive or which threatens the safety and well-being of others or self;
  6. smoking in areas designated "no smoking" or using smokeless tobacco in public areas;
  7. failure to comply with Residence Hall regulations of the College or breach of residential contract;
  8. violation of a state or federal law on College property or in connection with a College-sponsored event;
  9. failure to comply with the lawful direction of any College official, staff member, or student employee who is acting in an official capacity;
  10. participating in or encouraging hazing, be it on or off campus;
  11. inappropriate behavior, either in the classroom or in the fulfillment of any academic assignment;
  12. alcohol cans or bottles — cans or bottles displaying alcohol logos are not to be dis-played in residence hall windows, and alcohol displays of any kind are not allowed in rooms of underage students.

Drug and Alcohol Free Campus

Policy

MacMurray College strictly prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance on College premises; in vehicles provided by MacMurray College; at any work site or location at which College duties are being performed by MacMurray College faculty, students, staff, and administrators; or as part of any other MacMurray College activities.

MacMurray College complies with the Federal Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 (collectively, the "Acts"). MacMurray College subscribes to and endorses an alcohol and drug policy founded on the principle of freedom with responsibility. The College is dedicated not only to learning and the advancement of knowledge but also to the development of ethically sensitive and responsible persons. The institution will strive to provide an educational environment conducive to making conscientious and healthy decisions when individuals are faced with difficult choices associated with the use of alcohol and legal and illegal drugs.

Individual Responsibility

Members of the College community are individually responsible for being aware of applicable laws, regulations, ordinances, and institutional policy and for complying with them. Consistent with federal, state, and local laws individuals employed by the college who violate any portion of the above rule will be disciplined according to the severity of the violation.

An employee convicted under a criminal drug statue must report the conviction to his/her immediate supervisor within five days of the conviction. The supervisor must immediately report the conviction to Human Resources. Failure to report such a conviction will result in disciplinary action up to and including termination.

Incident Severity Levels as it Pertains to Alcohol, Drugs, and Weapons

Violations may be listed in multiple levels, with the final determination made by Student Conduct and/or his/her designee, depending on the severity. Potential violations of the discipline policy include, but are not limited to

Level I

Level II

Level III

Disciplinary Sanctions

Potential sanctions for students who are involved in an incident include but are not limited to

  1. reprimand;
  2. campus service;
  3. educational project;
  4. restitution;
  5. monetary fine;
  6. community outreach;
  7. loss of visitation privilege;
  8. restriction of residence hall access;
  9. relocation to another hall;
  10. removed from campus housing;
  11. online alcohol class;
  12. counseling or educational referrals;
  13. alcohol/drug assessment by College nurse;
  14. referral to substance abuse treatment center;
  15. social probation;
  16. suspension from MacMurray College;
  17. expulsion from MacMurray College.

The College may impose multiple sanctions, if necessary; sanctions are not listed in any progressive order. Timed sanctions correspond with fall and spring semester; for example, if a student was given a three-month social probation in April, the summer months will not be counted and therefore social probation would continue when the fall semester resumes.

Failure to complete the terms of any sanctions by the specified time may result in additional sanctions, and students will not be allowed to participate in any co-curricular activities, including athletics.

The level of each offense is taken into consideration when determining sanctions in the following manner:

Smoking Policy

The Illinois Clean Air Act requires that institutions provide a smoke-free environment. Section 5 of this act was amended on May 15, 2006 by adding section 4.5 as follows:

(410 ILCS 80/4.5)
Smoking is prohibited in student dormitories.
(a) Notwithstanding any other provision of this Act, smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.

Therefore, all buildings on the campus are smoke-free.

Smokeless tobacco is banned from all enclosed public areas at MacMurray including but not limited to

Community Health Services/Treatment Programs

Hospital

Mental Health Services