The Federal Drug Free Schools and Communities Act

(Amendment of 1989)

Purpose

The use of illicit drugs and alcohol at Westfield State University, on University property, or at University activities impairs the safety and health of students and employees, inhibits the personal growth of students, lowers the productivity and quality of work performed by employees and undermines the public’s confidence in the University. Only in an environment free of substance abuse can Westfield State University fulfill its mission of developing the professional, social, cultural, and intellectual potential of each member of this community.

The Federal Drug Free Schools and Communities Act Amendments of 1989 require that, “as a condition of receiving funds or any form of financial assistance under any Federal program, an institution of Higher Education… must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol by students and employees.”

The information that follows outlines the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or as any part of University activities, and describes the applicable legal sanctions, associated health risks and support programs and services available to employees and students.

All members of this community - faculty, staff, and students - are urged to carefully and seriously reflect on their personal responsibility to remain drug free, and further, to demonstrate care and concern for others through timely intervention, support, and referral.

Alcohol

A. Health Risks

1. Drinking in moderation appears to do the body no permanent harm according to some experts. But taken in large doses over a long period of time, alcohol can be mentally and physically destructive, reducing a person’s life span by 10 to 12 years. Alcohol abuse may result in: heart, brain, liver, and other organ damage, malnutrition, high susceptibility to infectious diseases, permanent damage to the nervous system, deterioration of memory, judgment and learning ability, and inability to grasp reality. Excessive drinking is also involved in a major portion of highway accidents and fatalities, domestic abuse, assaults, suicides, homicides, and economic drain.
2. Alcohol is a depressant that affects the central nervous system. Alcohol depresses brain functions proportionate to one’s Blood Alcohol Concentration (BAC). It is absorbed directly into the bloodstream from the stomach and intestines and it reaches the brain quickly, slowing down the parts that control thinking and emotion. This causes one to feel less inhibited, looser. In larger doses it dulls sensations and impairs muscle coordination, memory and judgment. Alcohol is a drug for which the potential exists for a person to become physically and/or psychologically addicted.

B. Blood Alcohol Concentration

Blood Alcohol Concentration (BAC) refers to the amount of alcohol in an individual’s bloodstream. A person’s size, gender, weight, fat content, and amount of food in the stomach will effect the absorption of alcohol in the bloodstream. The predominant factor in absorption is the metabolism of alcohol by the liver. When alcohol enters the bloodstream, 95% is metabolized by the liver and 5% is excreted in breath, sweat, and urine. The liver takes about one hour per drink to clear the body of alcohol.

Remember just one drink can impair your skills and judgment. It is risky to operate any machinery or engage in any activity that requires concentration and alertness after drinking any amount of alcohol. One drink is 1 1/4 oz. of 80 proof liquor, 12 oz. of beer, or 4 oz. of wine. The following chart can help you estimate Blood Alcohol Concentration.

C. Local Laws

1. The City of Westfield prohibits the consumption by anyone of alcohol on any playground, park, school, sidewalk, way, or any other city property and also prohibits the possession of alcohol by anyone under 21 years old in these same places. (Sections 10-23 and 10-24 City of Westfield Ordinances).
2. The City of Westfield also prohibits urination in public places and places visible to the public or where public has access. (§10-25 City of Westfield Ordinances).
3. A fine of up to $300 may be imposed for violations of any of these ordinances. (§1-9 City of Westfield Ordinances).

D. Driving Under the Influence

(of alcohol, marijuana, narcotics, depressants, stimulants or glue vapors) in Massachusetts—see chart on following page:

†Information obtained from M.G.L.A. c.90 §24, 24P.

†Massachusetts law provides that by driving on a public road, a driver has implicitly consented to a chemical analysis of their breath or blood, which is why you can be penalized for refusing the test without ever being convicted of drunk driving.

1. In addition to the above penalties for a conviction, one who is convicted, placed on probation, or is granted a continuance without a finding or otherwise pleads guilty to facts sufficient to convict for driving under the influence may also be assessed up to a $250 fee and a mandatory $50 fee. M.G.L.A. c.90 §24.
2. Once convicted you may also be ordered to participate in a driver education program, drug treatment program, drug rehabilitation program, or any combination of the three. Costs for these programs may also be your responsibility. M.G.L.A. c.90 §24.
3. After being convicted of a DUI you will be required to install and maintain an “ignition interlock device” on any vehicle you drive for a duration of two years after you regain any privilege to drive. Your privilege to drive can be revoked through an administrative Registry hearing up to life if you: disconnect the device; fail to maintain it or have it inspected or monitored; or if the device records a BAC above .02. M.G.L.A. c. 90 § 24 1/2.
4. If you let someone drive a vehicle under your control that is not equipped with an ignition interlock device and you know that such person has an ignition interlock device restricted license, you will be subject to one year in jail and/or a fine of up to $500 for a first offense; up to 2 1/2 years in jail and/or a fine of up to $1,000 for a second offense. In addition, the Registrar of Motor Vehicles may suspend your vehicle registration or driver’s license for up to one year for a first or second offense. M.G.L.A. c. 90 §12.
5. Tampering with an ignition interlock device can draw a jail sentence of six months to five years. M.G.L.A. c. 90 Section 24T. Breathing into an ignition interlock device for a person whose license is so restricted for the purpose of providing that person with an operable motor vehicle will be punished by a fine of $1,000 to $5,000 or by a jail sentence of 6 months to five years. M.G.L.A. c. 90 §24U.
6. If your license has been suspended or revoked because of a DUI and you are convicted of operating a motor vehicle while your license has been suspended or revoked, you will be subject to a fine of $2,500-$10,000 and a mandatory jail term of at least one year and up to 2 1/2 years (no early release for good time served, furlough, probation or parole until at least one full year has been served). If charged with this offense, a court is not free to reduce these penalties or to continue your case without a finding. M.G.L.A. c. 90 §23.

E. Other Massachusetts Laws Pertaining to Alcohol

1. Providing alcohol to persons under 21 years old is punishable by a fine of $2,000, up to one year in prison, or both. (M.G.L.A. c. 138 §34)
2. Persons Under 21 years old who purchase, attempt to purchase alcohol, make arrangements with another to purchase or procure alcohol, misrepresents his age, alters or falsifies his ID with intent to purchase alcohol shall be punished by a fine of $300. A conviction of this crime will result in a driver’s license suspension of 180 days. (M.G.L.A. c.138 §34A)
3. Persons in licensed alcohol establishments, upon request by an official, must state your correct name, age, and address or may be fined up to $500. Persons making, carrying, using, or selling altered or forged identification, using the legitimate ID of another or furnishing false information to obtain such identification may be punished by a fine of $200 or incarceration for up to three months. (M.G.L.A. c. 138 §34B). Alternatively, if the Registrar of Motor Vehicles merely has “reasonable belief” that someone has violated any of the above; your license can be suspended for up to six months.
4. Whoever alters, forges, or steals a driver’s license shall be punished by a fine of up to $500 or by incarceration of up to five years. A conviction of this crime will result in a license suspension of one year. A more likely scenario is that your case will be referred to the Registry of Motor Vehicles for an administrative hearing at which your license can be suspended for up to six months if the hearing officer reasonably believes you are responsible. (M.G.L.A. c. 90 §24B)
5. Any person under 21 years of age who knowingly possesses, carries, or transports alcohol shall be punished by a fine of $50 for a first offense and $150 for any subsequent offense. A conviction of this crime will result in a driver’s license suspension of 90 days. (M.G.L.A. c. 138 §34C)
6. Whoever knowingly transports more than a personal limit of 20 gallons of malt beverages, or 3 gallons of any other alcoholic beverage, or 1 gallon of alcohol or its equivalent shall be punished by a fine of up to $2,500, or up to 6 months incarceration or both. (M.G.L.A. c. 138 §22)
7. Whoever possesses an open container of alcohol in the passenger area of any motor vehicle shall be fined $100 to $500. (M.G.L.A. c. 90 §241)

Other Drugs

A. Health Risks

1. Tobacco - Tobacco is smoked primarily in the form of cigarettes, cigars, and in pipes, but it is also popular as “chew” or “chaw” (loose tobacco placed in the mouth). Despite health warnings, 55 million Americans smoke, 22 million use chewing tobacco and 350,000 Americans die each year from diseases related to tobacco use. Nicotine, the addictive ingredient in tobacco, stimulates the central nervous system and is physically and psychologically addictive. Nicotine irritates lung tissue and increases blood pressure. One in six deaths in the United States is smoking related. The most common cause of cancer deaths is cigarette smoking. Smoking is the major cause of chronic bronchitis and emphysema and also causes pneumonia, heart disease, blood vessel disease, and stomach ulcers.
2. Marijuana - Marijuana is a drug derived from the cannabis plant. Marijuana is primarily used by smoking the dried leaves of the plant. The high derived from smoking marijuana comes from tetrahydrocannabinol (THC) contained in the plant. The user experiences euphoria, a sense of time passing slowly and distorted perceptions. Other experiences include confusion, disorientation, anxiety, and paranoia. Marijuana is psychologically addictive, contains four times as much cancer causing tar as one cigarette and is four to twenty times stronger than the marijuana from the 1960’s. Marijuana contains 426 known chemicals in its smoke and has been linked to lung disease, cancer, genetic damage, lowered immunity, and impaired physical and psychological development.
3. Prescription Drugs - Legal, easily obtainable, prescription drugs are often the first abused drugs. Valium and Librium are the most commonly abused prescription drugs. Tranquilizers and sedatives are both depressants that dull the central nervous system. Even in small amounts, these drugs slow reaction time, decrease eye-hand coordination and interfere with judgment. Alcohol greatly increases the effects and can cause a potentially dangerous overdose.
4. Steroids - Steroids are used by some athletes to increase their body’s performance. Although performance is temporarily increased, the side effects are very harmful to the body. Long-term effects include heart, liver, and kidney trouble, high blood pressure, diabetes, poor healing after an injury, muscle and tendon tears, and psychological problems with aggression and depression. Short-term effects include impotence, balding, acne, psychological problems, and decreased hormones. Steroids may temporarily enlarge the body muscle, but without constant use and exercise, the muscles will decrease quickly.
5. Hallucinogens - Hallucinogens are a class of drugs that produce profound psychoactive effects, including profound alterations in sensation, mood and consciousness that may involve senses of hearing, touch, smell or taste, as well as visual experiences that depart from reality. Some hallucinogens include LSD, mescaline, mushrooms, PCP, and MDMA (Ecstasy). Some hallucinogens possess amphetamine or cocaine-like qualities and in addition to hallucinations, produce stimulant effects on the body. These hallucinogens can produce psychological problems that include confusion, depression, sleep problems, drug craving, severe anxiety, and paranoia. Psychotic episodes have been reported. Increased heart rate, blood pressure, muscle tension, involuntary teeth clenching, nausea, blurred vision, rapid eye movement, sweating, and chills are some of the physical effects. The long-term effects of hallucinogens tend to be unpredictable. Users of hallucinogens build tolerance requiring that they take more of the drug to achieve the same effects. Some of the hallucinogens have been known to induce long-term or permanent psychosis. Risk of accidental injury or death is greatly increased with hallucinogen use.
6. Cocaine - Cocaine, a stimulant to the central nervous system, is a very addictive drug that has increased in use in the United States. The odorless, white powder from the coca plant comes in various forms. One of the most popular is crack, a cheaper form of the drug. Cocaine creates a high in the user, which causes alertness, excitement, talkativeness, overconfidence, and a lessened need for sleep. After the high, the “crash” occurs including depression, restlessness, anxiety, and impaired concentration. Repeated use of cocaine will lead to addiction and other complications, which may include heart failure, family, and financial problems.

B. Massachusetts Drug Laws

1. A person who knowingly causes, induces, or abets a person under the age of eighteen to distribute or dispense any controlled substance or to accept, deliver, or possess money used or intended for procurement, manufacture, distribution…of any controlled substance shall be punished by five (5) to fifteen (15) years in state prison and a fine of $1,000 to $100,000. Minimum five (5) years imprisonment is mandatory. (Refer to chapter 94C, section 32K of Massachusetts General Law.). Trafficking and sale to minors carry much stiffer penalties in terms of imprisonment and fines (Massachusetts General Law, chapter 94C, section 32E & F).
2. The penalties for possession of the substances outlined in Massachusetts General Law, chapter 94C, section 34 are punishable by one (1) year or less of imprisonment or by a fine of not more than $1,000 or both. Possession of heroin is punishable by two (2) years or less in a house of correction or by a fine of not more than $2,000 or both for the first offense. Possession of marijuana or a Class E substance is punishable by not more than six (6) months in a house of correction or a $500 fine or both. Possession of all other controlled substances is punishable by up to one year incarceration or a fine of $1,000 or both. M.G.L.A. c.94C Section 34.
3. The following chart outlines the first offense state penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance:

*(Refer to M.G.L. chapter 94C, section 31 for a description of drug classes.)

4. Possession of less than one ounce of marijuana is now punishable in Massachusetts by a civil fine rather than a criminal penalty. Cities and towns may impose additional penalties for the public consumption of marijuana or THC. M.G.L.A. c. 94C Section 32L. Those under 18 years of age when cited for possession of less than one ounce of marijuana must also complete a drug awareness program. M.G.L.A. c. 94C Section 32M.

C. Federal Drug Laws

1. Federal penalties for possession with intent to manufacture, sell, dispense, or distribute a controlled substance including heroin, cocaine, PCP, LSD, Fentanyl, marijuana (in useable form or actual plants), methamphetamine are (see chart on following page):

*Amounts vary by specific drug. See 21 U.S.C. §841 for exact amounts for each drug and full listing of drugs included in this statute. Penalties for attempt or conspiracy to traffic or manufacture are the same as above: See 21 U.S.C. §846.2.

2. Anyone who is eighteen years old or older who distributes to anyone who is under twenty-one years old is subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for second or subsequent offenses. See 21 U.S.C. §859.
3. Anyone who manufactures or distributes within 1,000 feet of a school, University, playground or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility will be subject to two times the first offense penalties listed above for a first offense; subject to three times the first offense penalties listed above for a second or subsequent offense. 21 U.S.C. §860.
4. Employing children to distribute near schools or playgrounds is subject to three times the first offense penalties listed above. See 21 U.S.C. §860.
5. Anyone found in simple possession will be subject to up to one year incarceration and $1,000 fine for a first offense; up to two years incarceration and $2,500 fine for a second offense; and up to three years incarceration and $5,000 fine for a third or subsequent offense. See 21 U.S.C. §844.
6. It is unlawful to open, rent, lease, use, maintain, manage, or own a place, whether temporarily or permanently, for the purpose of manufacturing, distributing or using controlled substances. Penalties for violation of this law are up to 20 years incarceration or a fine of up to $500,000 or both; a fine of up to $2,000,000 for a company, corporation, etc. One who violates this law may also be subject to civil penalties limited to the greater of $250,000 or two times the gross receipts. See 21 U.S.C. §856.
7. Anyone who knowingly or intentionally sells date rape drugs (GHB, Ketamine, etc.) over the internet for an illegal sexual purpose shall be fined, imprisoned up to 20 years or both. 21 U.S.C. §841.
8. Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, will result from a conviction of possession of a controlled substance. Penalties: up to one year denial for first offense, up to five years denial for second and subsequent offenses. 21 U.S.C. §862.

Sanctions

A. Student Drug and Alcohol Policy Sanctions

Please refer to the Alcohol and Other Drug Policy  for information regarding sanctions.

Resources

A. On Campus Resources:

1. Counseling Center, Lammers Annex.
   Brian Cahillane, Substance Abuse Specialist, (413) 572-5790
2. Any member of the Residential Life Staff, (413) 572-5402
3. Any member of the Student Affairs Staff, (413) 572-5400

B. Off Campus Resources:

1. AdCare Hospital Outpatient Services
   117 Park Ave.,
   W. Springfield, MA 01089
   413-209-3124
2. Drug and Alcohol Hotline
   1-800-222-0828
3. Alcoholics Anonymous Hotline
   413-532-2111
4. Alanon: Alateen of Greater Springfield
   Springfield, MA, 782-3406

If your health insurance provides mental health/substance abuse services, you may also call your insurer for an appropriate provider.