Appendix B: Tufts University Drug Free Campus Program

The Drug-Free Schools and Communities Act Amendments of 1989 require that colleges and universities, as a condition of receiving federal funds or any other form of financial assistance under any federal program, certify that they have adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees. Federal regulations implementing this statute require that Tufts University provide the enclosed information to its students and employees.

The illicit use of drugs and alcohol can seriously impair the health and safety of members of the Tufts community and their families. The University is committed to addressing and preventing illicit use and alcohol abuse within the University community. There are substantial health risks and legal consequences that stem from alcohol and drug abuse. All students and employees are urged to read the information enclosed.

I. Health Risks

Alcohol and substance abuse are a national public health concern. The health risks associated with the illicit use of drugs and alcohol abuse are described in the enclosed chart on CONTROLLED SUBSTANCES – USES AND EFFECTS and in the enclosed STATEMENT ON ALCOHOL EFFECTS.

II. Counseling and Treatment for Alcohol and Other Drug Abuse

The University encourages Tufts students and employees with alcohol and other substance abuse problems to seek assistance and treatment. At Tufts, a variety of resources exist where additional information can be obtained about alcohol and other substance abuse and forms of treatment.

Students/Student Assistance Program (SAP)

For students on the Medford/Somerville campus, confidential counseling is available from the following:

Alcohol and Health Education 627-3861
Tufts Health Service 627-3350
Tufts Counseling Center 627-3360
Psychiatrist, University Health Service 627-3350

For students on the Boston/Grafton campuses, confidential counseling is available from the following:

Student Advisory and Health Adm. Office (All Schools) 636-5918
Resource for Impaired Students Committee (Medical) 636-6534
Massachusetts Dental Society (Dental) (508) 651-7511

In addition, the Dean of Students office within each of the schools and the University Chaplain’s office are available for referrals to the other resources in the community.

Employees
Employees who need assistance in dealing with alcohol and other drug abuse problems are strongly encouraged to utilize the confidential assistance and services offered through the Alcohol and Health Education Program, Tufts Counseling Center, Health Services, and the Chaplain’s office. Employees may also consult with their Human resources representative for advice and referrals through the various insured health plans of the University, or to seek out other resources in the community.

III. Standards of Conduct
The unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on Tufts University property or as part of University activities is prohibited.

IV. Disciplinary Sanctions
The University will impose disciplinary sanctions on students and employees who violate the standards of conduct described above. Among the sanctions that may be imposed are the following: warning; probation; suspension; dismissal; and/or referral to appropriate governmental authorities for civil and criminal prosecution. The University may also require completion of a professional assessment as part of Tufts Student Assistance Program in connection with a disciplinary matter.

V. Local, State, and Federal Sanctions Concerning Alcohol and Drugs
Local, state, and federal laws make the illegal use of drugs and alcohol a criminal offense. Conviction can lead to imprisonment, fines, and other penalties.

Cities and towns in Massachusetts prohibit public consumption of alcohol and impose fines for violation. The Metropolitan District Commission also prohibits public consumption of alcohol in its parks and public recreational areas. Boston and other cities and towns surrounding the various Tufts campuses have ordinances forbidding the possession of an open container of alcohol on any public street by a person of any age. Anyone choosing to violate such ordinances can be subject to arrest.

Massachusetts’s law prohibits the sale or delivery of alcoholic beverages to persons under age 21 with a fine of up to $2,000 or six months’ imprisonment, or both. Misrepresenting one’s age or falsifying an identification to obtain alcoholic beverages is punishable by fine. Included among the penalties for the first conviction of driving under the influence of alcohol under Massachusetts law are a $1,000 fine, a one-year revocation of drivers’ license, up to two years in prison, and mandatory alcohol rehabilitation.

Massachusetts imposes criminal penalties for the possession and/or distribution of controlled substances, or drugs, without valid authorization, with penalties varying as to the type of drug. Sale and possession of “drug paraphernalia” is illegal in Massachusetts.

Under both Massachusetts and federal law, penalties for possession, manufacture, and distribution are greater for subsequent convictions, including mandatory prison terms and the full minimum term must be served.

Massachusetts makes it illegal to be in a place where heroin is kept and to be “in the company” of a person known to possess heroin.

Persons convicted of drug possession under state and federal law are ineligible for federal student grants and loans for up to one year after the first conviction and up to five years after the second. The penalty for unlawful distribution of drugs is loss of benefits for five years after the first conviction and for a longer period after the second.

Under federal law, penalties may be doubled when a person at least 18 years old distributes drugs within 1,000 feet of a public or private elementary or secondary school, or a public or private college to persons under age 21 and include a mandatory one-year prison term.

See the chart on FEDERAL TRAFFICKING PENALTIES and the description of FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE for additional information.

Click the icon to view the full-size version of the Federal Trafficking Penalties Chart.

Alcohol Effects

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

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 when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers 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 the children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844(a)

1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both if:

(a) 1st conviction and the amount of crack possessed exceeds 5 grams
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
(c) 3rd or subsequent crack conviction and the amount of crack possessed 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. (See special sentencing provisions re: (crack).

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. 884a

Civil fine of up to $10,000 (pending adoption of final regulations).

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 offense, up to 5 years for second and subsequent offenses.

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., are vested within the authorities of individual Federal agencies.