Sanctions Related to Drugs and Alcohol
- Tobacco Free Campus Sanctions
First time violators may be issued a warning citation by Security/Safety personnel. Unpaid citations may result in the violator’s transcripts being held until all unpaid citations have been paid. Continued failure by students to abide by these rules and regulations may be considered to be a violation of the Code of Student Conduct, 721.3 #17 (Smoking on College premises, except in designated areas outdoors), and/or other applicable code violations and may be forwarded on to the Vice-President for Student Development for disciplinary action. Failure by faculty or staff of the College to abide by these rules and regulations may result in corrective/disciplinary action in accordance with the applicable bargaining agreement. Security/Safety will provide official standardized tobacco use policy materials to members of UCC community for distribution.
- Payment of Fines
Persons cited for violations of these rules and regulations may respond either by filing a written appeal with the Director of Security/Safety or by paying a fine within fifteen days of receipt of the citation. All fines are payable to Umpqua Community College. Fines can be paid by mail or in person at the Cashier’s Office located in the Campus Center Building. Fines that are mailed must be received within fifteen days of receipt of the citation.
- Reduction in Fines
Fines for smoking offenses will be reduced by five dollars if paid in person within forty-eight hours, excluding weekends and holidays. No reduction will be made on mail-in payments. Appeals: Alleged violators may appeal to the Director of Security/Safety for a brief adjudicative procedure within twenty days of the date of the citation. The director of Security/Safety may dismiss, suspend, impose any lesser fine, and/or grant an extension of time within which to pay the fine. Appeals of the decision of the Director of Security/Safety are to be submitted to the Chief Financial Officer without posting of fine within twenty-one days. Written notification of the Chief Financial Officer’s decision shall be made within twenty days of the appeal and shall be final.
The Umpqua Community College Safety Committee is responsible for advising Security/Safety on smoking policy. Committee functions include, but are not limited to the following: (1) Reviewing smoking regulations and fees and recommending their adoption. (2) Reviewing provisions for security on campus and recommending practices and procedures for the enhancement of security. Unpaid Fines: If any fine remains unpaid, any or all of the following actions may be taken by Security/Safety: (1) A hold may be placed on student transcripts. (2) Registration for the following quarter may be delayed. (3) The amount due as a result of fines due and payable may be deducted from paychecks of College employees. (4) Outstanding fines may be referred to a collection agency. These procedures will be applicable to all students, faculty, and staff, or other persons utilizing College facilities who receive fines for violations of these rules and regulations.
Oregon State Regulations (ORS)
- ORS 161.525, 161.625, 161.60 – Substance-Specific Sanctions
Minor in Possession (MIP)
- No person under 21 years of age shall attempt to purchase or be in possession of alcohol. Possession may include holding, consuming, or attempting to purchase alcohol. Personal possession of alcohol includes consumption of liquor.
- Fine: up to $360
- Criminal violation—ORS 471.430 (1)
Controlling an Area Where Minors are Permitted to Consume Alcohol
- No person in control of property may knowingly allow minor(s) to consume alcohol or allow minor(s) to remain on the property after consuming alcohol. Private property includes a hotel room, camp site, or any rented or leased location.
• Fine: 1st offense—fine up to $3502nd offense—fine up to $1,000
3rd or subsequent offenses—fine up to $1,000 and no less than 30 days of imprisonment.
- Criminal violation—ORS 471.410 (3)
Furnishing Alcohol to a Minor
- No one shall sell, give, or otherwise make available any alcohol to a person under the age of 21 years.
- Penalty: up to $6,250 and/or jail
- Class A misdemeanor—ORS 471.410(2)
Driving Under the Influence
- A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while they have a blood alcohol content of 0.08 or more and/or are under the influence of controlled substance.
- For the purposes of the state of Oregon DUII statutes, for a person under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor.
- Penalty: 1st offense: minimum fine of $1,000
2nd offense: $1,500
3rd or subsequent offenses: $2,000 additional penalties may include: fee to be paid on conviction, suspension of license, mandatory alcohol education, screening and treatment, mandatory imprisonment or community service, attendance at a victim impact treatment session and session fee, and ignition interlock device installed on your vehicle
• Class A misdemeanor—ORS 813.010
Misrepresentation of Age by a Minor
- When minors misrepresent their age, purposely are not truthful about their age to purchase alcohol, or evade detection by law enforcement, the minor may be fined. If DMV identification is used in misrepresentation, the minor’s driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver’s license.
- Fine: up to$1,250 and 30 days
- Class C misdemeanor – ORS 165.805
- Drinking alcohol or having an open bottle in a vehicle is prohibited. You must store any open containers of alcohol in the trunk or some other area not normally occupied by the driver or passengers.
- Fine: up to $250
- Falsifying information knowing that what you say is untrue. Anyone purchasing a keg using a false name or any other deceitful information shall be subject to this definition.
- Class A misdemeanor—ORS 162.075 (1)
Entry of Licensed Premises by Persons Under 21
- No one under 21 years of age shall enter or attempt to enter any area of a licensed premise that is posted or otherwise identified as prohibited to minors.
- Class B violation—ORS 471.430 (3 and 4)
Selling Alcohol without a Liquor License
- No person who owns, operates, or conducts a private or public club and who is not in possession of a license issued by the commission permitting the mixing, storing, and serving of alcohol at said premises shall serve alcohol. Additionally, no agent, servant, or employee of such person, for a financial consideration by way of a charge for service, membership fee, admission fee, initiation fee, club dues, contributions or other fee or charge, shall serve or permit to be serve.
- Fine: up to $360
- Class A misdemeanor—ORS 471.475
Licensee, permittee, and social host liability
- As a licensee, permittee, or social host, if you serve visibly intoxicated persons or guests, you may be held liable for damages caused by the persons or guests away from your home or licensed premises.
- Fine: $500
- Class A misdemeanor—ORS 471.565
Marijuana and Smoking
- Under Oregon's Indoor Clean Air Act, smoking is prohibited in public places and workplaces. Public places means any enclosed area open to the public. Place of employment means an enclosed area that is under the control of a public or private employer and that employees frequent during the course of employment.
- Smoking is not allowed within 10 feet of building entrances, exits, windows, and air intake vents.
- As of January 1, 2016, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurant bars, and other indoor public places.
- Employees and the public may report violations of the law by completing an online complaint form or, if unable to access the online form, by calling 1-866-621-6107.
- Penalty: fine of $500 per day for each violation—ORS 433.835-87
- Unlawful manufacture of marijuana
> 8 plants: class C felony
> 4 plants: class B misdemeanor
Any plants grown by persons under age 21: class C felony
- Unlawful delivery of marijuana
> 1 oz: class A misdemeanor
< 1 oz: class A violation
delivery within 1000 feet of a school: class A felony
delivery of any amount to a person under 18 by a person at least 21: class C felony
In Oregon, penalties for possession and distribution are determined by the Controlled Substance Schedule upon which the drug appears (ORS 475.035).
It is a class A felony for a person to manufacture or deliver a schedule I, II, or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school attended by minors. In addition, the court may order the defendant to pay the cost of prosecution, and the defendant's vehicle used in the crime may be forfeited to the state. Finally, the defendant may forfeit any property used in the crime to the county in which the crime occurred.
Examples from the drug schedules appear below. Most drugs appear on the same federal and state schedule
Controlled Substance Schedule I-V Drugs
Schedule I Drugs: Heroin, LSD, Ecstasy, Peyote, Mescaline, Psilocybin
Manufacture or distribution—class B felony
Unlawful possession—class B felony
Schedule II Drugs: Opium, Cocaine, Methamphetamine, Amphetamine, Methadone, Morphine, Oxycodone, PCP, Marijuana
Manufacture or distribution—class B felony
Unlawful possession—class C felony
Schedule III Drugs: Depressants, Vicodin, Anabolic Steroids, Codeine, Testosterone
Manufacture or distribution—class C felony
Unlawful possession—class A misdemeanor
Schedule IV Drugs: Valium, Xanax, Phenobarbital
Manufacture or distribution—class B misdemeanor
Unlawful possession—class C misdemeanor
Schedule V Drugs: Other less dangerous prescription drugs and small amounts of certain drugs (Robitussin A-C, Cophene-S, Parepectolin, Phenergan with Codeine)
Manufacture or distribution—class C misdemeanor
Unlawful possession—violation with a $250 fine, or twice the value of any resulting gain of property or money
The federal system establishes sanctions for possession and distribution of controlled substances, based on the schedule of the drug and the amount involved. In addition, the statutory sanctions for possession and distribution are subject to the "Sentencing Guidelines for U.S. Courts." Imposition of the guidelines may lead to higher offense levels and stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, defendant's role in the offense, multiple counts, obstruction, and acceptance of responsibility. Finally, the guidelines establish sentences for each offense based on the defendant's criminal history. Federal penal sanctions range from: manufacture, distribution or trafficking of large amounts of heroin, cocaine, PCP, methamphetamine, schedule I and II hallucinogens, marijuana, hashish, or any of their derivatives (30 years to life, regardless of the defendant's criminal history) to possession of any schedule III-V drug if defendant has the lowest level or criminal history (0-4 months).
Further, if serious injury or death results from the crime, minimums of up to 10 years (serious injury) and 20 years (death), plus fines of up to $4,000,000 may be added. These penalties may be doubled for defendants with past felony drug convictions. Finally, penal sanctions in the federal system are "real time," with reductions in sentences only for good behavior.
Besides the criminal sanctions, the consequences of unlawful or irresponsible alcohol or drug use include, but are not limited to:
- Restrictions on future employment opportunities.
- The loss of federal financial aid (mandatory for drug offenses)
- Potential risks for injury, including permanent disability
- The risk of being a victim of a crime and/or committing additional crime(s)
- The loss of driving privileges
- Additional sanctions on your educational record and future educational opportunities
The following are federal penalties and sanctions for Illegal Possession of a Controlled Substance. Additional penalties are imposed for trafficking.
- 21 U.S.C. 844—First conviction: up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After first prior drug convictions: at least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000 or both. After two or more prior drug convictions: at least 90 days in prison, not to exceed three 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 five years in prison, not to exceed 20 years and fined up to $250,000, or both if: (a) first conviction and the amount of crack possessed exceeds 5 grams, (b) second crack conviction and the amount of crack possessed exceeds 3 grams, third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram. 21 U.S.C. 953(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 one 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. 844(a)—Civil fine of up to $10,000.
- 21 U.S.C. 853(a)—Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second or subsequent offenses.
- 19 U.S.C. 922(g)—Ineligible to receive or purchase a firearm.
- Misc.—Revocation of certain federal licenses and benefits (e.g., pilot license, public housing, etc.) is vested within the authorities of individual federal agencies.