Drug and Alcohol Abuse Response and Prevention Information
Indiana Tech is dedicated to providing a safe and healthy environment for its students, faculty, and staff. The illegal use of drugs and alcohol can adversely affect the educational environment and may have devastating effects on the personal lives of those who abuse these substances. For this reason, Indiana Tech is a drug free workplace and campus.
The federal Drug-Free Schools and Campuses Act requires institutions of higher education to have specific information available for students regarding drug and alcohol use and prevention. This information must describe: I) legal sanctions under federal, state, and local law for the unlawful use, possession, or distribution of illicit drugs and alcohol; 2) a description of the health risks associated with the use of illicit drugs and the abuse of alcohol; 3) a description of any drug and alcohol programs that are available to employees or students; and 4) a clear statement that the school will impose disciplinary sanctions on students and employees for violations of the standards of conduct.
This information is available to all faculty, staff and students and is communicated at the time of hire for employees as well as through annual notifications and at the start of each semester for students. Please contact Student Services at (260) 422-5561 ext. 2234 for additional information and resources.
Legal Sanctions: Federal, State, Local Law
Federal and State laws prohibit the use of illicit drugs and actions related to the abuse of alcohol. Summarized below are the general federal and state laws relating to drugs and alcohol.
Federal Law
In 1984, the National Minimum Drinking Age Act (Public Law 98-363) was passed.
The following table summarizes the federal drug trafficking penalties.
Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)
| Schedule | Substance/Quantity | Penalty | Substance/Quantity | Penalty |
|---|---|---|---|---|
| II | Cocaine 500-4999 grams mixture |
First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. |
Cocaine 5 kilograms or more mixture |
First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
| II | Cocaine Base 28-279 grams mixture |
Cocaine Base 280 grams or more mixture |
||
| II | Fentanyl 40-399 grams mixture |
Fentanyl 400 grams or more mixture |
||
| I | Fentanyl Analogue 10-99 grams mixture |
Fentanyl Analogue 100 grams or more mixture |
||
| I | Heroin 100-999 grams mixture |
Heroin 1 kilogram or more mixture |
||
| I | LSD 1-9 grams mixture |
LSD 10 grams or more mixture |
||
| II | Methamphetamine 5-49 grams pure or 50-499 grams mixture |
Methamphetamine 50 grams or more pure or 500 grams or more mixture |
||
| II | PCP 10-99 grams pure or 100-999 grams mixture |
PCP 100 grams or more pure or 1 kilogram or more mixture |
| Substance/Quantity | Penalty |
|---|---|
| Any Amount Of Other Schedule I & II Substances | First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
| Any Drug Product Containing Gamma Hydroxybutyric Acid | |
| Flunitrazepam (Schedule IV) 1 Gram | |
| Any Amount Of Other Schedule III Drugs | First Offense: Not more than 10 yrs. If death or serious bodily injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual.
Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual. |
| Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam) | First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
| Any Amount Of All Schedule V Drugs | First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances
| Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants |
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.
Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. |
| Marijuana 100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants |
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual.
Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual. |
| Marijuana 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants |
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual.
Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
| Hashish More than 10 kilograms |
|
| Hashish Oil More than 1 kilogram |
|
| Marijuana less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight)1 to 49 marijuana plants |
First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual.
Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish 10 kilograms or less |
|
| Hashish Oil 1 kilogram or less |
State Law
Article 48 of the 1990 Indiana Criminal Code contains the laws which apply to controlled substances.
Employees and students should be aware that most drug offenses are classified as felonies and that conviction of such an offense can have serious consequences, including imprisonment. Article 48 of the 1990 Indiana Criminal Code contains the laws which apply to controlled substances.
Indiana state law located at https://iga.in.gov/legislative/laws/2016/ic/titles/7.1 covers the use and possession of alcohol. University policy supports the enforcement of local, state and federal laws governing the use, possession, and distribution of alcohol products.
Health Risks
The use of any illicit drug or abuse of alcohol is potentially hazardous to your health. Faculty, staff, and students should evaluate the health risks associated with use of illicit drugs or abuse of alcohol. Synthetically produced drugs may contain impurities and the true amounts and ingredients are rarely known. The effects of a drug may be significantly different with each use.
The U.S. Drug Enforcement Administration states: “The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.”
The National Institute of Alcohol Abuse & Alcoholism (NIAAA) provides comprehensive information and resources associated with alcohol abuse. Some of the major health risks of alcohol abuse include alcohol dependence, lasting effects on the brain, sexual assault, and suicide. Visit: www.niaaa.nih.gov for more information. For college students in particular, visit: www.collegedrinkingprevention.gov.
Health risks associated with other drugs are indicated in the following table: (Visit https://www.campusdrugprevention.gov/content/drug-scheduling-and-penalties and https://www.dea.gov/documents/2017/06/15/drugs-abuse#page=30 for more specific drug information)
Drug and Alcohol Programs Available at Indiana Tech
Indiana Tech recognizes that rehabilitation of employees and students for drug and alcohol violations is preferred to discipline and in many cases not involving illicit narcotic drugs, the university will strive for that type of resolution. Indiana Tech offers faculty, staff, and students a variety of alcohol and drug treatment options. Faculty and staff can contact the University’s Employee Assistance Program (EAP) for information and referrals for treatment. In addition to the EAP, there are a variety of community resources that may be able to provide help. Students seeking help may obtain assistance from the counseling center located in Andorfer Commons. The counselors are able to offer a few choices in types of therapy or provide referrals for local community resources. Call the University Counseling Center at (260)266-8060 for scheduling during regular business hours or (260)446-1867 for the after hours hotline.
University Discipline for Violations of Drug and Alcohol Policies
Indiana Tech complies with federal and state laws and penalties regarding the misuse of legal drugs (alcohol and tobacco) and use of illegal drugs. In addition to the criminal sanctions that may apply, Indiana Tech will impose sanctions on any employee or student who violates the University’s drug and alcohol policies.
Student Policy and Conduct
Indiana Tech’s student conduct policies are located on the university website at https://www.indianatech.edu/about/policies/. There are specific policies outlining the legal use of alcohol at University events and within private rooms of the residence halls. University events utilize a licensed vendor for the sale of alcohol to those of legal age and promotes and practices safe and responsible consumption if someone chooses. Open carry and consumption outside of the confines of the university sponsored event or by those of legal age within the confines of their person residence hall rooms is prohibited.
The General Policies Student Code specifically prohibits the “Possession or use of drugs, including synthetic versions, on university property. Being present and condoning the use or possession of drugs on university through failure to report violations is also considered a serious violation of policy. Empty containers or paraphernalia are also prohibited.”
The Student Code also outlines that the same policies apply at university sponsored events or travel to locations outside of the campus proper.
Violation of the drug and alcohol provisions of the Student Code may result in one or more of the following criminal consequences and/or sanctions:
- Prosecution under federal and/or state laws as appropriate to the law violated
- Suspension or expulsion for illicit drug use or distribution of drugs
- Disciplinary probation in cases of marijuana possession or use
- Educational online courses for most situations where suspension or expulsion is not applied
- Fines
- Community service
Since a variety of factors must be considered when sanctioning, sanctions may be increased or decreased at the discretion of university personnel responsible for administering the Student Code. Factors affecting the imposition of sanctions include such issues as the severity of the incident, impact upon other individuals or the community, and other prior judicial history.
Faculty and Staff Policy and Discipline
University Policy 702 of the employee policy handbook covers drug and alcohol use. This Policy provides:
- It is Indiana Tech’s Policy to provide a drug-free workplace, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.
- While on Indiana Tech premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a a safe manner that does not endanger the employee or other individuals in the workplace.
- The exception for legal alcohol use would be at a licensed university sponsored event where consumption is responsible and safe.
- Any person accepting employment with the university agrees to abide by the terms of this policy and procedure.
Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment but could involve required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.