As a requirement of the Drug-Free Schools and Campuses Act, Cedar Crest College is required to disseminate drug and alcohol policies and information to all students and employees on an annual basis. The purpose of this notification is to provide the campus community with details about the standards of conduct, policies, sanctions, legal penalties, and health information relating to drugs and alcohol. The College will provide currently enrolled students and employees with a copy of the Drug and Alcohol Abuse Prevention Program notice annually. The Annual Drug and Alcohol Notification can also be found on the Campus Police Website.
College Policies Governing Alcohol and Other Drugs
The U.S. Department of Education has issued regulations implementing the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. These regulations require that college’s distribute information annually in writing to student and employees concerning the use, possession, or distribution of alcohol and drugs at the College.
The Drug-Free Workplace Act and the Drug-Free Schools and Communities Act Amendment require that each college and university receiving federal financial assistance provide the following information in writing to all students and employees annually:
- Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities.
- A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol.
- A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
- A list of drug and alcohol programs (counseling, treatment, rehabilitation, and reentry) that are available to employees or students.
- A clear statement that the institution will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution.
Standards of Conduct
Students: The unauthorized use, distribution, or possession of any controlled substance or illegal drug or alcohol in violation of Pennsylvania State Law on Cedar Crest College premises or at activities sponsored by or affiliated with the College is in violation of the Student Code of Conduct.
Employees: The sale, purchase, transfer, use or possession of illegal drugs by employees on College premises or while on College business is prohibited. Further, the use of any legally obtained drug, including alcohol, to the point where such use adversely affects the employee’s job performance, is prohibited.
Legal Sanctions
The following description is a summary only and is not a substitute for legal advice. Anyone wishing legal advice should consult an attorney.
City of Allentown
Alcohol: Please see the Commonwealth of Pennsylvania sanctions for alcohol for Title 18 § 6308.
Drugs: The penalty for a first violation in one calendar year of personal possession/use of a small amount of marijuana will be a $25 fine. The penalty for a second violation in one calendar year of personal possession/use of a small amount of marijuana will be a $50 fine. The penalty for a third violation in one calendar year of personal possession/use of a small amount of marijuana will be a $100 fine. The penalty for a fourth violation, or subsequent violations, in one calendar year of personal possession/use of a small amount of marijuana shall be a fine of $1500 or the court may, in its discretion, suspend the fine imposed under this section of the person found guily agrees to and does in fact perform such community service as the court deems appropriate, up to eight hours.
Commonwealth of Pennsylvania
Alcohol: A person less than 21 years of age commits a summary offense if he or she attempts to purchase, consume, possess, or knowingly and intentionally transport any liquor or malt or brewed beverage. Violations of this law are punishable by fines up to $500, imprisonment up to 90 days, and mandatory loss of driving privileges in the Commonwealth of Pennsylvania.
Misrepresentation of age to purchase alcohol is also punishable by fines up to $500, imprisonment up to one year and loss of driving privileges. Altering, selling, or manufacturing false identification is punishable by a fine of up to $1000 (first offense) and up to $2500 (second and subsequent offense) plus loss of driving privileges. Selling or furnishing alcoholic beverages to those under 21 is punishable by a mandatory fine of up to $1000 (first offense) and $2500 (second and each subsequent offense). All persons, while in the Commonwealth of Pennsylvania, are subject to the Pennsylvania Liquor Code and Crimes Code.
Pennsylvania law provides that a person with a blood alcohol content (BAC) or .08% or greater who operates a motor vehicle is considered driving under the influence and is subject to prosecution under Pennsylvania law.
Drugs: The Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. 780-101 et seq., establishes five schedules of controlled substances based on dangerous and medical uses. It prohibits the manufacture, distribution, sale or acquisition of controlled substances except in accordance with the Act as well as acquisition by misrepresentation, forgery, or the knowing possession of controlled substances.
Federal
The Federal drug laws, The Controlled Substances Act, 21 U.S.C. 801 et seq., are similar to the Pennsylvania Controlled Substances, Drug, Device and Cosmetic Act, but contain, for the most part, more severe penalties. Schedules of controlled substances are established, and the law prohibits the knowing or intentional manufacture, distribution, dispensing, or possession with intent to distribute or dispense a controlled substance. If the quantity of controlled substances is large (e.g., 1000 kg. of a mixture or substance containing marijuana), the maximum penalties are lifetime imprisonment, a $4,000,000 fine or both.
Lesser quantities of controlled substances (e.g., 100 kg. of a mixture or substance containing marijuana) result in maximum penalties of life imprisonment, a $2,000,000 fine, or both. The distribution of small amounts of marijuana for no remuneration or simple possession or a controlled substance carries a maximum of one year’s imprisonment, a $5000 fine, or both, with the penalties for the second offense doubling. Double or triple penalties are imposed against persons 18 or older who distribute to person under the age of 21. Double penalties also apply to the distribution or manufacture of a controlled substance in or on or within 1000 feet of the property of a school or college.
Students who have been convicted under a state or federal law prohibiting the possession or sale of a controlled substance are ineligible for federal student aid for specific periods (ranging from one ear to an indefinite period depending on the nature of the offense and whether the student is a repeat offender).
Health Risks
To make informed choices about drug and alcohol use, students and employees should educate themselves about the serious health consequences of use, misuse and abuse of alcohol and other drugs. The use and abuse of alcohol and other drugs can cause a number of problematic changes in behavior any physiology. Alcohol or substance dependence occurs when a person continues their use despite recurrent social, interpersonal, physical, and/or legal consequences. For basic information about the health risks associated with alcohol and/or other drugs, please visit the National Institute on Drug Abuse.
Drug and Alcohol Programs
The College prohibits the use, possession, or distribution on College properties or at college sponsored or supervised functions of controlled or dangerous drugs or substances as defined by state and/or federal law, except as expressly permitted by law. Further, members of the College community (students or employees) may not at any time be intoxicated on College property, at a College sponsored, or supervised function
Employees and students who are 21 or older may consume alcohol when alcohol is served as part of an approved College sponsored or supervised event. However, all individuals, regardless of age, must abide by the laws of the Commonwealth of Pennsylvania.
Alcohol and Drug Aware Programs Offered on Campus:
- College Policy & Procedures of dealing with alcohol and drugs on campus
- PA Liquor Control Board Tabling
Drug and Alcohol Counseling Opportunities:
Students:
In-person College Counseling Services are located in Curtis Hall for all traditional students, and residential SAGE students. Services are offered free of charge for a wide range of issues revolving around substance abuse, misuse, dependency, and recovery. The staff provides services that span education/prevention, crisis intervention, and brief counseling.
Virtual Counseling is available to all students utilizing Telus Mental Health Services. Services are offered free of charge for a wide range of issues revolving around substance abuse, misuse, dependency, and recovery. Telus provides services that span education/prevention, crisis intervention, and brief counseling. More information can be found here.
Employees:
An Employee Assistance Program (EAP) has been established to provide professional counseling and rehabilitation programs for staff that are in need of these services due to substance abuse.
Other Resources:
Health Services
Curtis Hall, 1st Floor
610-606-4640
Alcoholics Anonymous
Alcoholics Anonymous in the Lehigh Valley
Lehigh County Drug & Alcohol
17 South Seventh St.
Allentown, PA 18101
610-782-3555
Lehigh County Drug and Alcohol
Disciplinary Sanctions
The College will impose appropriate sanctions on students or employees who violate the standards of conduct as set forth in the above sections.
Students:
Violations of the Student Handbook will result in (a) disciplinary action as outlined in the Policies and Procedures section of the Student Handbook, and (b) legal action consistent with local, state and federal laws. Possible disciplinary actions include warning, probation, suspension from housing, educational programming and other sanctions as deemed appropriate, including referral for prosecution. Please refer to the Student Handbook section of the College website for more information. As permitted by the Family Educational Rights and Privacy Act (FERPA), the College may notify parents/guardians of a student who is under the age of 21 any time he or she is found responsible for violating the College’s policies relating to alcohol or drug use.
Employees:
In compliance with the Drug-Free Workplace Act of 1988, which requires prime federal contractors with contracts of $25,000 or more and direct federal grantees to certify the contracting and granting agencies that they maintain a drug-free workplace, Cedar Crest College certifies that the requirements for providing a “drug-free workplace” have been established and enforced. The College prohibits unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including alcohol, in the workplace. Additionally, while the College respects the privacy of its employees, it also recognizes that it has an obligation to maintain a drug/alcohol free workplace because substance abuse can have a harmful effect on the learning environment. Therefore, employees are expected to report for work physically and mentally able to safely and effectively perform their essential functions. Compliance with this requirement is considered to be an essential job qualification for all faculty and staff. Violations of this policy will result in disciplinary action up to and including dismissal.
An Employee Assistance Program (EAP) has been established to provide professional counseling and rehabilitation programs for employees that are in need of these services due to substance abuse.
As a condition of employment/continued employment, all employees must abide by the provisions of this policy. Staff employed under the terms of a grant must notify the College of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
The College will notify the contracting or granting agency within ten (10) days after receiving notice from an employee or from an outside agency of an employee’s criminal drug statute conviction for conduct in the workplace. Within thirty (30) days of receiving notification of an employee’s drug statute conviction, the College will initiate appropriate personnel actions, which may include imposing a sanction or requiring satisfactory participation in a drug abuse assistance or rehabilitation program through the EAP or another approved agency.