Polices - Alcohol, Other Drugs, and Weapons

As an academic community, Eastern Illinois University is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

1. Providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
2. Distribution, possession, or use of illegal drugs or controlled substances.
3. Possession of firearms or other dangerous weapons.

The abuse of alcohol by students, regardless of age, is prohibited by the Student Conduct Code. The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

The University strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of, or addiction to, alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Student Conduct Code or staff expectations, and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. The University Counseling Center, the Employee Assistance Program, and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. The Health Service's Health Education Resource Center provides educational and awareness programming, information, and assistance.

Student Sanctions - Alcohol, Other Drugs, and Weapons

Underage students confronted by the institution for the consumption of alcohol will face disciplinary sanctions ranging from a University Reprimand, fines of up to $200, disciplinary probation or suspension.

Students whose use of alcohol or drugs results in harm or the threat of harm to themselves or others, or to property, regardless of the location of the incident, may face disciplinary action by the University up to and including expulsion. Testing for the presences of illegal substances may be a condition of any probationary status imposed by the University for violations of drug-related provisions of this policy. Testing for illegal drugs shall be performed using a urine sample collected with a chain-of-custody and will include testing for the following substances: cocaine, marijuana, opiates, amphetamines, methamphetamines, and phencyclidines. All drug testing will include review by a qualified Medical Review Officer (MRO) and an "MRO Positive" result will be considered a positive result. Any student with a positive result, as described above, may face disciplinary action by the University up to and including expulsion.

Commonly Imposed Disciplinary Sanctions For On-Campus Policy Violations:

As members of the University community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from the same incident for which the University imposes disciplinary sanctions.

Employee Sanctions

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by employees on University premises, or while conducting University business off University premises, is absolutely prohibited.

Violations of this prohibition by employees may result in the application of sanctions, including possible required participation in an approved drug abuse assistance or rehabilitation program, and disciplinary action up to and including termination of employment under applicable Board of Trustees regulations, University polices, statues, employment contracts, or collective bargaining agreements.

Illinois Sanctions For Violation of Alcohol Control Statutes

235 Illinois Complied Statutes 5/6-21

1. It is a Class B Misdemeanor to possess or sell alcohol if you are under 21.*
2. It is a Class A Misdemeanor to sell, give, or furnish false ID to an individual 21 years old or under (minimum $500 fine).
3. It is a Class B Misdemeanor to use or possess a false ID if you are under 21.*
4. It is a Class A Misdemeanor to sell, give, or deliver alcohol to individuals under 21 years of age. Local ordinances may also be enforced.

Class A Misdemeanors are punishable with a fine of $1 to $1,000 and up to 1 year in the county jail.

Class B Misdemeanors are punishable with a fine of $1 to $500 and up to six months in the county jail.

• These violations may also result in one's driver's license being administratively revoked or suspended by the Illinois Secretary of State's office.

Illinois Sanctions For Driving Under The Influence

625 Illinois Compiled Statutes 5/11-501

1. If you are convicted of drunk driving or driving while under the influence of drugs, it is a Class A Misdemeanor. Your drivers license may be suspended or revoked and you will undergo a mandatory counseling program, as well as pay a fine up to $1,000 and serve up to one year in the county jail.

   For your second offense, you will serve a mandatory jail sentence of 48 hours, or spend 10 days in community service, in addition to the above penalties. Your drivers license will be suspended indefinitely.

   For your third offense, or in a situation where great bodily harm or injury has resulted from your conduct, you are guilty of a Class 4 Felony, which could result in a term in the state prison for 1 to 3 years, as well as revocation of your license.

2. If you are convicted of illegal transportation of alcohol in a motor vehicle, you are guilty of a petty offense and will be fined up to $500 and suspension of drivers license for 3 months.

Illinois Penalties For Drinking and Driving Under Age 21

Effect on Driving Record

Except during suspension period, not on public driving record as long as there is no subsequent suspension permanently on public driving record.

Note: Second Offense, double jail sentence and fine. This chart gives examples of the penalties which may be imposed on individuals convicted of drug possession, manufacturing, or delivery. The circumstances of the case and other factors affect whether or not these are the actual penalties imposed.

Marijuana Sale or Delivery (720 Illinois Compiled Statutes 550/5)

Class B Misdemeanor: 2.5 grams or less, $500 fine and/or six months in jail

Class A Misdemeanor: 2.5-10 grams or less, $1,000 fine and/or one year in jail

Class 4 Felony: between 10-30 grams, 1-3 years in jail and/or $10,000 fine

Class 3 Felony: between 30-500 grams, 2-5 years in jail and/or fine not to exceed $50,000

Class 2 Felony: 500 or more grams, 3-7 years in jail and/or fine not to exceed $100,000

Possession (720 Illinois compiled Statutes 550/4)

Class C Misdemeanor: 2.5 grams or less, $500 fine and/or thirty days in jail

Class B Misdemeanor: between 2.5-10 grams, $500 fine and/or six months in jail

Class A Misdemeanor: between 10-30 grams, $1,000 fine and/or one year in jail

Class 4 Felony: between 30-500 grams, 1-3 years in jail and/or $10,000 fine

Class 3 Felony: over 500 grams, 2-5 years in jail and/or fine not to exceed $50,000

Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

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 eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on chargers that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal chargers of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal chargers of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000, or both if:

1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
3. It is a third or subsequent crack conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

Counseling and Treatment

Short term alcohol and other drug counseling is available on campus to students through the EIU Counseling Center. Students may be referred through the Counseling Center to other treatment programs for more intensive treatment. Through the Central East Alcoholism and Drug Council, Walter DUI Services, and ABBCON in Charleston, additional counseling and treatment services are available. These agency services include intake/evaluation, social setting detox, and intensive residential program, chemical dependency programs, adolescent and adult outpatient services, DUI evaluations and remedial education. Through Eastern's Human Resources department, the Employee Assistance Program offers employees additional education and counseling.

Health Risks of Commonly Abused Substances

In accordance with Americans With Disabilities Act of 1990, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the University. Further, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University or be subjected to discrimination by the University.

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