Student Conduct Code - Section 6.2 Alcohol and Drug Policies

Each and every member of the University of San Francisco community has the right and responsibility to pursue academic endeavors in a safe, effective, drug-free environment. The USF Alcohol Policy adheres to Federal and State laws regarding the purchase, sale and consumption of alcohol. Students, staff and faculty work collaboratively in developing educational programs that will encourage responsible adult behavior. The practice of students accepting responsibility for compliance with federal and state laws with USF’s Alcohol and Drug Policies nurtures adult behavior. Accordingly, each person must assume full personal responsibility and accountability for any of their behavior or the behavior of their guests that violate any University policy. Being under the influence of alcohol is not permissible as an excuse for unlawful behavior or misconduct. Students who violate the provisions of the alcohol or drug policies may be subject to suspension or expulsion.

Medical Amnesty/Good Samaritan Policy
Students at the University of San Francisco may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. The University seeks to remove this barrier that might prevent students from seeking the medical attention they need. In order to promote an ethic of shared responsibility and community support, USF encourages students to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or drug use.

Students who seek medical assistance for themselves (Medical Amnesty) or seek help for another student (Good Samaritan) due to intoxication of alcohol and/or drugs will be exempted from the standard disciplinary processes outlined in the Fogcutter Student Handbook. Instead, students who have made the effort to seek help for themselves or other student(s) will have the opportunity to meet with a staff member from the Division of Student Life for follow-up and a general wellness check-in, without receiving disciplinary actions.

This policy only applies to a student’s first alcohol and/or drug policy violation for which they are documented; it does not apply to other violations of the Student Conduct Code or University policies that may have been occurred during the incident. Any student who abuses the Medical Amnesty or Good Samaritan policies will be subject to disciplinary action for interfering with the orderly functioning of the University. Criminal investigations and other police action may still proceed at the discretion of the responding law enforcement agency. In some instances, Public Safety may be bound by law to report the incident to local law enforcement agencies.

A. Alcohol Policies
Alcoholic beverages may not be purchased by student organizations with University funds. Additionally, alcohol shall not be permitted at any student-sponsored event held on campus. The University food service provider will not provide alcohol to a student organization hosting an event on campus.

The following conduct as it relates to alcohol is prohibited on University premises or at University sanctioned events, wherever they may occur. The same conduct though occurring off University premises and not at University events may nonetheless be subject to University sanctions when it adversely affects the University, its educational mission or its community and may result in the initiation of the student conduct process in accordance with the Student Conduct system:

  1. Underage possession and/or consumption of alcohol.
  2. Possession of an open container of alcohol in public. Public areas include common areas in the residence halls and condo buildings, unit balconies or patios, public balconies or patios, courtyards, hallways, parking lots, sidewalks and streets.
  3. Hosting, organization of, or participation in a student group event where alcohol is being unlawfully consumed.
  4. Furnishing alcohol to those under the age of 21.
  5. Intoxication (regardless of age).

Students hosting guests are responsible for their guests’ adherence to University alcohol policy.

B. Alcohol Policies for Students living in University-operated Housing

  1. Alcoholic beverages may only be consumed by residents and their guests who are 21 years of age or older, in the privacy of their residence hall living unit with the door closed and, in an atmosphere, which does not foster excessive consumption or create significant noise or other disturbances.
  2. Students hosting guests, (including other USF students and non-USF guests) are responsible for their guests’ adherence to the policy.
  3. Any person under the age of 21 who is in possession of alcohol or is in a room where alcohol is present will be assumed to have been consuming alcohol, as it is difficult to determine who was drinking and who was not.
  4. Possession and/or consumption of alcoholic beverages in public areas is prohibited. Public areas are all areas other than individual living spaces. Rooms with open doors, rooms with closed doors to which public attention is attracted by excessive noise, hallways, lounges, restrooms, and outdoor areas are considered public areas.
  5. No kegs, beer bongs, or other equipment for the sole use of consuming alcohol will be allowed in the residence halls or apartments.
  6. Empty alcohol containers and/or packaging within a student’s room will be considered the property of the student.
  7. Construction and/or use of drinking game playing surfaces (e.g. beer pong tables) is prohibited.
  8. Intoxication (regardless of age).

DRUG POLICIES
A. Drug-Free Workplace Compliance
USF complies with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Campuses Act Final Regulations of 1990. The University has a standard of conduct that prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on University property or a part of University activities. The University will impose disciplinary sanctions on students and employees ranging from educational and rehabilitation efforts up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.

B. Medical Marijuana Policy
The University of San Francisco does not permit the use of marijuana for any purpose on university property even if the use meets the qualifications of the California Compassionate Use Act, Proposition 215. Therefore, even students who qualify under Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, provide, or use the marijuana on University-owned or controlled property (including but not limited to residence halls, academic buildings, athletic facilities, and parking lots), or during a University-sanctioned activity regardless of the location.

C. Drug Violations for Students
The following conduct as it relates to drugs is prohibited on University premises or at University sanctioned events, wherever they may occur. The same conduct, though occurring off University premises and not at University events, may nonetheless be subject to University sanctions when it adversely affects the University, its educational mission or its community and may result in the initiation of the student conduct process in accordance with the Student Conduct system:

  1. Use, possession, manufacturing, distribution, or sale of marijuana, heroin, narcotics, or any other controlled substance that is prohibited by law. Possession of, intentionally or recklessly inhaling or ingesting substances (including but not limited to bath salts, salvia, K2/spice, nitrous oxide, glue, paint) that will alter a student's mental state is also prohibited.
  2. The attempted sale, distribution, or manufacture of any controlled substance, illegal drug, and/or drug paraphernalia on University property or at official University functions.
  3. Use of a prescription drug if the prescription was not issued to the student, or the distribution or sale of a prescription drug to a person to whom the prescription was not originally issued.
  4. Use or possession of equipment, products, or material that is used or intended for use in manufacturing, growing, using, or distributing any drug or controlled substance, including but not limited to bongs, pipes, vaporizers, grinders, scales.
  5. Being present while others are using or are in possession of illegal drugs.
  6. The medically unsupervised use of drugs that may involve medical or psychological hazards to individuals on University property or at official University functions that is unlawful or otherwise prohibited, limited, or restricted by University policies or regulations, or may lead to interference with the rights and privileges of others.

Students hosting guests are responsible for their guests’ adherence to University drug policy.

Federal and State Law – Legal Sanctions
The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or alcohol are regulated by a number of federal, state and local laws. These laws impose legal sanctions for both misdemeanor and felony convictions. Criminal penalties for convictions can range from fines and probation to denial or revocation of federal benefits (such as student loans) to imprisonment and forfeiture of personal and real property. Following is a list of some of the laws pertaining to the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol. The information provided below is illustrative, not exhaustive.

Generally, it is a criminal offense:

  • To illegally manufacture, sell, distribute, or possess controlled substances (those listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)) (21 U.S.C. 828, 841, 844, 859, 860);
  • To unlawfully possess or possess for sale controlled substances (those listed in Cal. Health & Safety Code 11054, 11055, 11056, 11057, 11058);
  • To possess, cultivate, sell or possess for sale marijuana (Cal. Health & Safety Codes 11357, 11358, 11359);
  • To use or be under the influence of a controlled substance (Cal. Health & Safety Code 11550); • To transport, sell, or distribute marijuana to a minor or to use a minor to transport, sell, or distribute marijuana (Cal. Health & Safety Code 11361);
  • To possess, furnish or manufacture drug paraphernalia (Cal. Health & Safety Code 11362, et seq.);
  • To provide any alcoholic beverage to a person under 21 or to any obviously intoxicated person (Cal. Bus. & Prof. Code 25658; 25602);
  • To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others (Cal. Penal Code 647(f));
  • For persons under 21 to have any container of alcohol in any public place or any place open to the public (Cal. Bus. & Prof. Code 25662);
  • To operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher (Cal. Veh. Code 23152);
  • For any person under the age of 21 to operate a motor vehicle with a blood alcohol level of .05% or higher (Cal. Veh. Code 23140);
  • To have an open container of alcohol in a motor vehicle and for persons under 21 to drive a vehicle carrying alcohol or to possess alcohol while in a motor vehicle (Cal. Veh. Code 23223; 23224);
  • To have in one’s possession or to use false evidence of age and identity to purchase alcohol (Cal. Bus. & Prof. Code 25661);
  • For any person under age 21 to purchase alcohol (Cal. Bus. & Prof. Code 25658.5).

Behavioral and Educational Programs
The University of San Francisco provides programming about substance abuse for students through Health Promotion Services, Student Housing and Residential Education, Counseling and Psychological Services, Public Safety, and the Division of Student Life. Additionally, the University offers ongoing alcohol screening and education; confidential evaluations; referrals to 12-step and other recovery groups; counseling groups; in-service training; and outreach programs. Students should contact Counseling and Psychological Services or Health Promotion Services for referrals.

Alcohol
Short Term: affects moods, dulls the senses and impairs coordination, memory, reflexes, judgment, behavioral changes, self-destructive urges, irritation of the esophagus and stomach (nausea), death
Long Term: central nervous system damage, memory loss, cancer of the mouth, stomach ulcers, inflammation/cancer of the liver, high blood pressure, irregular heartbeat, angina, heart attack, malnutrition 080112

Amphetamines (speed, meth, ice, dex, Ritalin, uppers)
Short Term: increased breathing and heart rate, high blood pressure, increased alertness and energy, impaired judgment, impulsiveness, death
Long Term: severe anxiety, chronic sleeplessness, malnutrition, heart problems, agitation

Cocaine (coke, nose, rock, blow, crack)
Short Term: anxiety, delusions, headache, nausea, impaired judgment, death
Long Term: loss of appetite, dehydration, constipation, impotence, nose and nostril damage, heart problems, psychosis

Designer Drugs (MDMA, X, ecstasy, cat, AMF, TMF, MPPP)
Short Term: euphoria, dizziness, nausea, sweating, increased blood pressure, extreme wakefulness, hyperactivity, loss of appetite, death
Long Term: aggression, depression, mood and sleep changes

Hallucinogens (LSD, acid, shrooms, special K)
Short Term: impaired coordination, increased heart rate and temperature, nausea, detachment, fatigue, hallucinations, paranoia, mental confusion
Long Term: generally unknown, flashbacks, depression

Inhalants (nitrous oxide, whip-its, paint, glue)
Short Term: irregular heart rate, depressed respiratory rate, nose and eye irritation, nausea, vomiting, spasms, headache, suffocations, death
Long Term: brain damage, tremors, poor coordination, speech problems, lung, liver and kidney damage, chromosomal abnormalities

Marijuana (pot, weed, dope, ganja, chronic, purp, grapes, kush, ents, etc.)
Short Term: reddening of eyes, dry mouth, increased heart rate and body temperature, hunger, dizziness, drowsiness
Long Term: upper respiratory problems, lung damage, lower immune system responses, memory loss, concentration impairment

Opiates (Heroin, smack, morphine, black tar)
Short Term: pain relief, mental confusion, drowsiness, nausea, constipation, muscle constriction, low blood pressure and heart rate, respiratory arrest, death
Long Term: chronic constipation, vision impairments, hallucinations

Sedatives (Blues, roofies, GHB, seconal, reds, barbs)
Short Term: dizziness, lethargy, drowsiness, lack of coordination, nausea, death
Long Term: chronic fatigue, vertigo, reduced sex drive, visual disturbances

Tobacco
Short Term: increased heart rate and blood pressure, adrenaline production, muscle relaxation, relief of tobacco withdrawal
Long Term: lung problems, chronic cough, blockage of blood vessels, chronic respiratory infections and problems, reduced fertility, death

Biennial Review
The biennial review will be conducted by the University to determine the policy’s effectiveness and implement changes to the program(s) if they are needed, and to ensure that the sanctions outlined in the policy are consistently applied.