1. Standards of Conduct
2. Health risks associated with the use of drugs and the abuse of alcohol
3. Assistance in recognizing and dealing with the abuse of alcohol and illegal drugs
4. Legal Sanctions
5. Disciplinary sanctions for CU employees who violate drug and alcohol laws in violation of this policy
6. Implementation
7. Review
8. Appendix: Federal Penalties and Sanctions for Illegal Possessions of a Controlled Substance

I. Standards of Conduct

In compliance with the federal Drug Free Schools and Communities Act, the University of Colorado at Boulder prohibits the unlawful manufacture, dispensation, possession, use, or distribution of a controlled substance (illicit drugs and alcohol) of any kind and of any amount. These prohibitions cover any individual's actions which are part of any University activities, including those occurring while on University property or in the conduct of University business away from the campus.

II. Health risks associated with the use of drugs and the abuse of alcohol

Alcohol
Alcohol consumption causes a number of marked changes in behavior. Even a low amount 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 amounts of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high amounts of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high amounts cause respiratory repression and death. If combined with other depressants of the central nervous system, much lower amounts of alcohol will produce the effects described here.

Repeated use of alcohol can lead to dependence. 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 combined with poor nutrition, can also lead to permanent damage to vital organs, such as the brain and the liver.

Females who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than are other youngsters.

Drugs
See Appendix A for a description of the uses and effect of various drugs.

III. Assistance in recognizing and dealing with the abuse of alcohol and illegal drugs

A copy of the Department of Health, Alcohol and Drug Division, Licensed Treatment Programs shall be filed in the Office of the Executive Director of Human Resources.

This information is also available at the following website:

http://www.cdhs.state.co.us/adad/treatment.htm

Employees who would like confidential assistance can also contact the Faculty and Staff Assistance Program at 303-492-3020. Information can also be found at http://www.colorado.edu/studentaffairs/fsap/

IV. Legal sanctions

Federal- See Appendix B and Appendix C for a description of "Federal Trafficking Penalties."

State - Drug Laws:

State criminal statues, (which may be generally found under Titles 12 and 18 of the Colorado Revised Statues) cover the same scope of conduct as the federal laws, and although the sentences and fines are generally less severe than federal law provides, life sentences are possible for repeat offenders. The maximum penalty for the most serious single offense, (manufacture, sale, or distribution) is 16 years in prison and a $750,000.00 fine. The maximum penalty for the least serious state offense (possession or use of one ounce or less of marijuana) is a fine of $100.00. The state laws concerning driving under the influence of alcohol (see below) apply equally to driving under the influence of drugs.

Finally, local ordinances such as the Denver, Boulder, Longmont, Louisville, and Lafayette municipal codes impose a variety of penalties.

Secondary civil consequences may also flow from criminal drug violations. Property associated with the criminal acts, including homes and vehicles, can be confiscated by the State or the Federal governments. Those who are convicted of felony violations may be barred from governmental employment and from licensed professions such as law, medicine and teaching.

State - Alcohol Laws:

State laws regulating the production, dispensation, possession, and use of alcohol may be found in Title 12 of the Colorado Revised Statutes. Perhaps the most significant aspect for the Boulder campus is the prohibition of the distribution of alcoholic beverages to any person under the age of 21, to a visibly intoxicated person, or to a known alcoholic. State laws also prohibit any form of assistance to these categories of people in obtaining alcoholic beverages. Violation of these laws is a misdemeanor punishable by fines of $1,000.00 and jail sentences of a year. However, such conduct may, in some circumstances, constitute contributing to the delinquency of a minor, and it could then be determined to be a felony offense punishable by an eight year prison sentence and a $500,000.00 fine. Secondary civil consequences for liquor law violations may include ineligibility for liquor and driver's licenses.

Criminal sanctions may also apply to those who operate motor vehicles while under the influence of alcohol and/or drugs. Under Section 42-4-1301 (1) (a), Colorado Revised Statutes, the maximum penalty for such an act is two years in jail and a $5,000.00 fine.

If a person is injured as a result of someone operating a motor vehicle while under the influence of alcohol and/or drugs, the act is a felony punishable by four years in prison and a $100,000.00 fine. If a person is killed, the sentence can be eight years in prison with a $500,000.00 fine. All such convictions also result in the revocation of driving privileges.

State law requires drivers who are stopped by the police for suspected violation of this law to submit to scientific tests which determine the amount of alcohol in their blood, and those who refuse to be tested automatically lose their driver's license. Remember, one need not be "out of control" to be "under the influence." A substantial effect on physical capability is all that is required. Chemical test results combined with the testimony of an expert toxicologist can result in a conviction even when some people may feel minimally intoxicated.

In addition, individuals may face a variety of penalties imposed by municipal ordinances.

Note: This description is intended only to give those who read it a basic, general understanding of the range of serious legal sanctions which can arise from the unlawful possession, distribution and/or use of illicit drugs and alcohol. Individuals who are concerned about specific circumstances should seek the advice of their personal attorney.

V. Disciplinary sanctions for CU employees who violate drug and alcohol laws in violation of this policy

It is a violation of University policy for any member of the faculty, staff, or student body to jeopardize the operation or interests of the University of Colorado through the use of alcohol or drugs. Sanctions that will be imposed by the University of Colorado for employees who are found to be in violation of this policy may include expulsion and/or termination of employment. Compliance with this policy is a condition of employment for all employees.

VI. Implementation

A copy of the policy statement shall be annually distributed to all current employees and shall be included in the information furnished to all new employees.

VII. Review

The University will conduct a biennial review of the program to determine its effectiveness and to ensure that the disciplinary sanctions described above are consistently enforced. Changes to this program will be implemented as needed.

APPENDIX C: Federal Penalties and Sanctions for Illegal Possessions of a Controlled Substance

21 U.S.C. § 844(a)

Penalties for simple possession of controlled substance. 1st conviction: Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both. If a person commits such offense after a prior conviction: Sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500. After 2 or more prior drug convictions: Sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000. Special sentencing provisions for possession of a mixture or substance which contains cocaine base mandates imprisonment of not less than 5 years and not more than 20 years, and a fine of a minimum of $1,000, in accordance with  the following:

(a) 1st conviction and the amount of mixture or substance exceeds 5 grams. (b) 2nd conviction and the amount of mixture or substance exceeds 3 grams. (c) 3rd or subsequent convictions where the amount of mixture or substance exceeds 1 gram.

21 U.S.C. § 853(a)( 2) and § 881(a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. 

21 U.S.C. § 881 (a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. § 844a

Civil penalty for possession of small amounts of certain controlled substances, constituting a personal use amount, shall be liable in an amount not to exceed $10,000 for each violation.

21 U.S.C. § 853a

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first conviction, up to 5 years for second and subsequent convictions.

18 U.S.C. § 922(g)

Ineligible to receive or purchase a firearm.

Miscellaneous

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

 

Revised 10/1/04