Policy Statement And Federal State And Local Lawspenalties

Policy Statement and Federal, State and Local Laws/Penalties

Policy Statement on Substance Abuse

The College is committed to fostering an environment free of drug and alcohol abuse through:

1. education and counseling programs, and

2. the prohibition of illegal or imprudent use of drugs or alcohol.

The College prohibits the unlawful manufacture, distribution, dispensing, possession, and use of controlled substances. Controlled substances include (but are not limited to): narcotics, barbiturates, amphetamines, cocaine, marijuana, anabolic steroids, and misused prescription or legal drugs or alcohol. As used in this policy, the words “substance” and “controlled substance” include alcoholic beverages. Those who use controlled substances or illicitly use or abuse legal substances, including but not limited to alcohol, are in violation of the law and of Washington College policy. Compliance with this policy is a condition of enrollment at the College. All Washington College students are expected to be familiar with and abide by the principles and details of this policy. The policy will be reviewed at least biennially to assess its effectiveness, to implement appropriate changes, and to ensure that the disciplinary sanctions discussed are consistently enforced.

The Washington College policy on alcohol and other drugs exists within the context of local, state, and federal laws. The regulations contained in this policy are designed to comply with all applicable Chestertown and Kent County ordinances and the laws of Maryland and the United States, including the Drug-Free Schools and Communities Act Amendments of 1989. The illegal use and abuse of alcohol or prescription drugs and/or use of illicit drugs violates the Washington College community standards and, when reported, will be handled in a serious manner.

Maryland State Laws and Penalties

It is illegal in the state of Maryland for anyone under the age of 21 to purchase, possess or drink alcohol.
It is illegal for a person under 21 to falsify or misrepresent his or her age to obtain alcohol, or to possess alcoholic beverages with the intent to consume.
It is illegal to purchase or otherwise supply alcohol to individuals who are under the age 21.
Penalties for the above violations are a $500 fine for the first offense, and up to a $1000 fine for repeat offenses.

In the state of Maryland, a person may not drive or attempt to drive any vehicle while intoxicated or under the influence of alcohol. In Maryland, drivers are considered to be driving under the influence of alcohol when their blood alcohol concentration (BAC) is .08 or higher. An underage drinker with a BAC of .02 (approximately one drink) may be charged with a violation of restricted license, which will result in a suspension of the driver’s license. The driver may also face a fine of up to $500. An individual can still be charged with a violation despite possession of an out-of-state driver’s license.

Federal Controlled Dangerous Substances/Illegal Drug Laws and Penalties

Federal law states that it is unlawful for any person, knowingly or intentionally, to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.

The penalties increase if the possession includes intent to manufacture, distribute, or dispense a controlled substance, especially if done near a public or private elementary, vocational or secondary school, or a public or private college or university. Any person who violates this law shall also be liable to the U.S. government for an amount up to $10,000 in civil penalties.

It is also unlawful to drive while under the influence of any Controlled Dangerous Substance, whether legal or illegal (prescribed or unlawfully obtained.) An individual can be charged with a violation despite possession of an out-of-state driver’s license. Violations may result in suspension of the driver’s license.

College Alcohol and Other Drugs Policies

Washington College has several policies addressing the use of alcohol and other drugs. In addition to federal, state, and local laws, students are required to comply with College policies pertaining to alcohol use on campus.

Alcohol Policy

Students are required to abide by all Maryland and Kent County laws and Washington College regulations regarding the use of alcohol. These rules specify that persons under 21 years of age are prohibited from possessing or consuming any alcoholic beverage at Washington College.

Students who are 21 years of age or older may possess and consume alcohol on campus in accordance with the following:

Alcohol may be consumed only within assigned rooms or suites. Open containers of alcohol are prohibited in common spaces, such as hallways and lounges, and in public areas, such as lobbies or outdoors.
Students who possess alcohol on campus are responsible for its legal and responsible use. This includes taking reasonable precautions to prevent the possession of alcohol by underage students and guests.

The following items will be considered as violations of the alcohol policy for all students regardless of age:

Disruptive conduct, due in part or in whole to being under the influence of alcohol.
Giving alcohol to underage persons or providing a space for the consumption of alcohol by underage persons.
Directing, requiring, or encouraging underage persons to be in a space where alcohol is easily accessible may be considered a violation of this policy.
Possession or use of bulk containers and/or objects that would promote binge drinking including, but not limited to: kegs, funnels, drinking games with alcohol, or any other tools that would promote binge drinking.
Possessing empty alcohol containers at any time for any reason, including decorative purposes.
Simulated drinking games are prohibited regardless of whether or not alcohol is used.
Devices that permit purchase, storage, and distribution of alcohol in bulk quantities, or that allow unregulated access to alcohol by any means, are prohibited.
Students may not sell or distribute alcohol anywhere on campus. This prohibition includes, but is not limited to, cash bars; events to which admission tickets are sold or for which fees are charged, either by the event or for a period of time (e.g., entertainment charge or annual dues), that entitle the purchaser access to an open bar; and parties at which alcoholic beverages are served and for which contributions or donations to offset the costs of the party are sought.
College funds allocated for hall activities and any College-sponsored programming may not be used to purchase alcohol.
Students are responsible for the behavior of their guests, including any violation of policy.
Students found to be in an intoxicated state on campus may be subject to mandatory medical or psychological intervention as well as appropriate disciplinary action, except as outlined in the Medical Amnesty Policy.

Alcohol Policy for Fraternity and Sorority Organizations

In accordance with the North American Interfraternity Conference, as of September 1, 2019, any activity or event sponsored or endorsed by the chapter/organization, including those that occur on or off organizational/chapter premises:

The chapter/organization, members and guests must comply with all federal, state, provincial and local laws. No person under the legal drinking age may possess, consume, provide or be provided alcoholic beverages.
The chapter/organization, members and guests must follow the federal law regarding illegal drugs and controlled substances. No person may possess, use, provide, distribute, sell, and/or manufacture illegal drugs or other controlled substances while on chapter/organizational premises or at any activity or event sponsored or endorsed by the chapter/organization.
Alcoholic beverages must either be:
1. Provided and sold on a per-drink basis by a licensed and insured third-party vendor (e.g.,
  
  restaurant, bar, caterer, etc.); or Brought by individual members and guests through a bring your own beverage (“BYOB”) system.
Common sources of alcohol, including bulk quantities, which are not being served by a licensed and insured third party vendor, are prohibited (i.e., amounts of alcohol greater than what a reasonable person should consume over the duration of an event).
Alcoholic beverages must not be purchased with chapter/organizational funds or funds pooled by members or guests (e.g., admission fees, cover fees, collecting funds through digital apps, etc.).
A chapter/organization must not co-host or co-sponsor, or in any way participate in, an activity or event with another group or entity that purchases or provides alcohol.
A chapter/organization must not co-host or co-sponsor an event with a bar, event promoter, or alcohol distributor; however, a chapter/organization may rent a bar, restaurant, or other licensed and insured third- party vendor to host a chapter/organization event.
Attendance by non-members at any event where alcohol is present must be by invitation only, and the chapter/organization must utilize a guest list system. Attendance at events with alcohol is limited to a 3:1 maximum guest-to-member ratio and must not exceed local fire or building code capacity of the chapter/organizational premises or host venue.
Any event or activity related to the new member joining process (e.g., recruitment, intake, rush, etc.) must be substance free. No alcohol or drugs may be present if the event or activity is related to new member activities, meetings, or initiation into an organization, including but not limited to “bid night,” “big/little” events or activities, “family” events or activities, and any ritual or ceremony.
The chapter/organization, members or guests must not permit, encourage, coerce, glorify or participate in any activities involving the rapid consumption of alcohol, such as drinking games.

Alcohol Policy for Events at Washington College

Washington College Dining Services will offer alcohol service to the campus community, through our Catering Department, within the terms and conditions outlined below:

Any WC event ordered by a student organization, department or outside group that wishes to have alcohol service must use the WC catering department.
According to our liquor license, no outside caterer may serve alcohol on our campus.
All alcohol must be served by TIPS or ServSafe Alcohol trained WC bartenders.
WC bartenders have the right to ID anyone and refuse alcohol service to anyone they feel is intoxicated.
A bar will not be served without the presence of food and other non-alcoholic beverages.
A bar will not be served for less than 25 guests (excluding intimate dinner parties).
Student events where a bar is present must be a cash bar, have public safety present and require the use of wrist bands. Non student events where some students may be present, do not need to follow this rule.
All request for Public Safety to staff an event must be requested at least 2 weeks prior to the event, the request must be completed utilizing the Events Staff Request Form, located on the P.S. web page.
All alcohol at a WC catered event must be purchased by the catered bar and not brought in from another source.
Under our Class B, Caterer’s Privilege, State of MD Alcohol Beverage License, we are solely granted access to serve alcohol at any location that does not already have a liquor license. This includes, campus, Hynson Ringgold House, Wilmer Park, etc.

Marijuana Policy

Marijuana is prohibited on campus. Any student who is found to be in possession of or using marijuana, will face disciplinary action and possible criminal charges.

Maryland State Laws Concerning Marijuana

Although the State of Maryland has decriminalized the possession of marijuana in amounts less than 10 grams and has legalized the use of medical marijuana in certain cases, the possession and use of marijuana on Washington College’s campus continues to be prohibited by federal law (the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989).

If Washington College fails to comply with federal law, it could become ineligible for federal funding and financial aid programs for its students. Thus, possession and use of marijuana, including medical use, continue to be prohibited at Washington College, including in residence halls, on College property, or at off-campus events sponsored by the College.

Policy for Other Controlled Substances

The possession or use of narcotics and/or other controlled substances without a valid prescription is prohibited. Students are expected to obey federal and state laws regarding the use, sale, and distribution of controlled substances.

Opioid Use

Washington College recognizes that opioid overdose is a major public health problem. Overdose involves students of all ages, ethnicities, and demographic and economic characteristics, and involves both illicit opioids such as heroin and, increasingly, prescription opioid analgesics such as oxycodone, hydrocodone, fentanyl, and methadone. Therefore, the Health Center and the Department of Public Safety will maintain doses of naloxone, a drug to reverse the effects of an opioid related overdose.

Washington College is committed to:

Keeping naloxone on hand at the Department of Public Safety and the Health Center
Ensuring that Public Safety Officers and health center staff has adequate expertise and equipment to manage the airway of an unconscious patient
Ensuring that emergency response, including EMS system activation, has been planned and appropriately drilled

To encourage students to report an overdose, anyone who reports possible overdoses in the campus setting will qualify for medical amnesty and may not be subject to the Washington College student code of conduct honor board procedures.

Parent or Guardian Notification

To provide support or assistance to students, the College may choose to notify parents or legal guardians of students under the age of 21 who have violated the alcohol or drugs policies. This decision will be made according to the professional judgment of appropriate staff and will be consistent with the application of privacy laws. The primary goal of notifying parents or legal guardians is to promote the health and well-being of the community and the individual student.