University Policy and Sanctions Relating to Use of Illicit Drugs
and the Abuse of Alcohol
Policy and Sanctions Applicable to Students
Drug Policy
The misuse of marijuana and other drugs (drugs in this context include barbiturates, amphetamines, cocaine, tranquilizers, LSD compounds, and any and all substances so defined by state criminal law) is a violation of federal, state, and municipal laws. Loyola University cannot and will not protect students from prosecution under federal, state, and municipal laws. Because of the close proximity of Loyola and The Most Holy Name of Jesus Elementary School, the distribution (sale or giving) of illicit drugs on the Loyola campus can be prosecuted as a federal crime under federal law, U.S. Code, Title 21, Section 845A1. Loyola cannot condone the possession, consumption, distribution, or sale of marijuana and other drugs. In order to encourage a drug-free living environment, the university will periodically conduct unannounced canine drug searches in the residence halls to identify the presence of illicit drugs. It is recognized, however, that students who have taken or are taking marijuana or other drugs may need or wish to seek counseling. Students are reminded that the dean of Campus Ministry and the Counseling and Career Services Center are available for such help. Conferences with these persons are privileged, subject to the standard privacy established in these professions. Student affairs officers also stand ready to assist students in this regard.
Given these considerations, the following rules shall be enforced with respect to on-campus conduct and conduct at all campus related activities and are applicable regardless of the status of violation in any courts.
(1) The distribution or merchandising of drugs, including marijuana, will ordinarily result in dismissal and arrest.
(2) The illegal possession or consumption of drugs (other than marijuana-cf: #(3), or misconduct resulting therefrom, is a serious offense and will result in the following for the first offense: Probationary suspension, mandatory attendance at three substance abuse education group meetings and/or evaluation by a staff counselor, participation in a random drug testing program, a fine of $250, and written notification to parents or guardians. In circumstances which make the possession or consumption more serious, the university reserves the right to have the individual(s) arrested and subject to university sanctions up to and including dismissal. For the second offense, suspension from the university will occur and possible arrest. Mandated substance abuse counseling during the period of suspension and drug testing will be required for readmission and possibly during the subsequent period of enrollment.
(3) The penalty for the possession and consumption of marijuana will be the following: for the first offense, the sanction will be disciplinary probation, attendance at three substance abuse education group meetings and/or evaluation by a staff counselor, participation in a random drug testing program, a fine of $250, and written notification of parents or guardians. In more serious circumstances, the university reserves the right to arrest the individual(s) and/or suspend them from the university. For the second offense, suspension from the university will ordinarily occur for at least one academic semester. Mandated substance abuse counseling during the period of the suspension and drug testing will be required for readmission and possibly during the subsequent period of enrollment.
Alcoholic Beverages Policy
Loyola believes that students should be given every opportunity to freely and responsibly make decisions which directly affect their lives. One decision which a student has made or will make will be whether to consume or not consume alcoholic beverages. Whatever choice is made by an individual with regard to the use of alcohol, the decision is viewed by the university in a non-judgmental way. As an educational institution, Loyola believes its role is to help students to develop not only intellectually in their chosen academic field, but also as well- rounded, responsible adults who are able to function in society. Since alcohol is a part of our culture, the university’s role is to create the appropriate atmosphere in which those students who legally choose to consume alcohol may do so in a responsible manner. At the same time, the university insists that the non-drinker be respected and given equal opportunity to comfortably participate in all events at which alcohol is served.
In order to ensure that the rights and sensibilities of all people are respected and responsible behavior be the norm at all times, the university promulgates the following policy with respect to the use of alcoholic beverages.
Policy: The possession, consumption and sale of alcoholic beverages on the Loyola University campus is permitted within the limits prescribed by State and Federal Laws and in accordance with the specific regulations that have been established by the university. The law of the State of Louisiana prohibits any person younger than 21 years of age to purchase or publicly consume or possess any alcoholic beverage. The law does provide for the possession and consumption of alcoholic beverages by those eighteen years of age or older in private residences. Loyola University has declared residence halls as private residences. Members of the university community or visitors to the campus may not carry open containers of alcohol on the university grounds or in campus buildings except in those places so designated for the consumption of alcohol, (e.g., The Underground, the Pine Street Cafe, an approved event, and the Residential Quad area providing a recreational sports activity or contest is not taking place in that area).
It is contrary to the law of the State of Louisiana and the university for any person under the age of twenty-one to present or offer to any person having a license or permit to sell alcoholic beverages any written or printed or photostatic evidence of age and identity which is false, fraudulent, or not actually his or her own for the purpose of obtaining or purchasing alcoholic beverages. Persons found in violation on campus or at university events off-campus may be subject to university disciplinary action up to and including a fine of $200, compensatory service hours in the community and/or prosecution under state law. FOR POLICIES REGARDING THE USE OF ALCOHOL IN THE RESIDENCE HALLS, CONSULT CHAPTER 4 OF THIS HANDBOOK. FOR UNIVERSITY EVENTS AND STUDENT ORGANIZATIONAL ACTIVITIES WHERE ALCOHOL WILL BE SERVED, CONSULT CHAPTER 6 OF THIS HANDBOOK FOR APPLICABLE POLICIES.
The university’s primary concern with the use of alcoholic beverages is behavior resulting from the misuse or abuse, that is, individuals "under the influence," intoxicated, or any inappropriate behavior which may result from the previously described conditions. Examples of inappropriate behavior will include, but not be limited to, under age purchasing, possession and consumption in violation of the state law, destruction of property, excessive noise, being arrested for public drunkenness or driving under the influence. Personal injury and state of unconsciousness due to alcohol use are also examples of alcohol abuse and will result in intervention. Students who demonstrate through inappropriate behavior that they are unable to use alcoholic beverages in a mature and responsible fashion will face disciplinary action. One sanction which may result from a hearing is a required evaluation of the student’s substance abuse by the substance abuse counselor or a staff counselor in the Counseling and Career Services Center. Failure by the student to comply with an evaluation will result in further disciplinary action.
In addition to establishing policy regulating the use of alcohol, the university recognizes its responsibility to conduct educational programs to encourage responsible behavior when alcohol is consumed and a remedial program for those who have demonstrated by their behavior the need for further study on the potentially harmful effects associated with the abuse of alcohol. Being under the influence of alcohol will not be considered as a mitigating circumstance for violation of university policy. Students who repeatedly violate the alcohol policy may be disciplined in a manner up to and including suspension from the university.
Description of Health Risks Associated with the Illicit Use of Drugs and the Abuse of Alcohol
The following describes health risks associated with alcohol and other drugs. More detailed information is available through a variety of campus resources including a resource library, brochures and videotapes located in the Counseling, Career Development and Placement Center in the Danna Center.
Alcohol Related Health Risks
Alcohol acts as a depressant on the central nervous system. Large amounts of alcohol consumed in a relatively short period of time can produce coma and even death. Alcohol can cause feelings of depression and anxiety, and can produce mood fluctuations. The propensity for suicide is associated with alcohol abuse. Alcohol-related traffic fatalities are the leading cause of death among sixteen to twenty-four year olds. Long term exposure to alcohol can result intolerance and physical dependence. Alcohol abuse can result in liver damage, vitamin deficiency, brain dysfunction, gastrointestinal bleeding, inflammatory lesions in the stomach, and can have adverse effects on the cardiovascular system. Heavy drinking increases the risk of cancer developing in the tongue, mouth, esophagus, larynx, and liver. When alcohol intake is stopped, withdrawal symptoms may appear and may include tremors, excessively rapid heartbeat, hypertension, heaving sweating, loss of appetite, insomnia, hallucinations, delusions, disorientation, seizures and death.
Alcohol abuse appears to be a risk factor in adverse fetal outcome. Fetal Alcohol Syndrome has been identified among children of alcoholic women. Decreased birth weight is frequently associated with alcohol abuse. Alcohol abuse may also contribute to other health hazards such as accidents, drowning, assaults, rape, child abuse and neglect, and family violence.
Marijuana Related Health Risks
Chronic use (or use of hash or hash oil) can produce psychological dependence. Other adverse effects may include impaired short-term memory, paranoia, possible psychosis, loss of will power and motivation, impaired ability to handle complex problems, increased confusion in thinking, and impaired judgment. Motor coordination is impaired contributing to such health hazards as traffic accidents, falls, and injuries. Marijuana use increased the chance of upper respiratory infections, chronic bronchitis, sinusitis, emphysema, and asthma. Increased blood pressure, aneurysms, and fatal heart attacks can also result. Marijuana use contributes to birth defects, miscarriages, and still births, defective menstrual cycles, lower sperm counts, reduction in testosterone and abnormal sperm. Marijuana may also be laced with other drugs such as PCP.
Cocaine and Crack Related Health Risks
Cocaine abuse can result in psychological dependence, and the use of crack can produce a more rapid and intense craving and psychological dependence. Cocaine and crack users may suffer from such adverse effects as dizziness, respiratory problems, headaches, nausea, loss of appetite, weight loss, abdominal pain, insomnia and irregular sleep patterns, vomiting, fatigues, changes in breathing, seizures, irregular heartbeats, cerebral hemorrhaging, respiratory problems, convulsions, cardiac arrest and death. Users may also experience a state of increasing irritability, restlessness, and paranoia. Severe cases can result in paranoid psychosis. Snorting the drug irritates the nasal septum which leads to a chronically inflamed running nose. Injection of the drug can result in clotting and severe damage to the veins, the spread of AIDS, and other diseases and infections. Smoking crack can adversely affect the cardiovascular system. Withdrawal of the drug can result in long periods of sleep, irritability, disorientation, and depression. Users may also experience an intense craving for the drug after effects of the drug diminish.
Cocaine and crack use contributes to miscarriages, premature labor and labor complications. Babies born to women who sued cocaine or crack during pregnancy may suffer from respiratory and kidney problems, brain damage, low birth weight, and a variety of birth defects.
Hallucinogen Related Health Risks
Hallucinogens produce alterations in perceptions and mood. Euphoric moods often result, but individuals may experience feelings of depersonalization and depression; sometimes so severe that suicide may result. The most common hazard is impaired judgement leading to rash decisions and accidents. Acute anxiety, restlessness, and sleeplessness are common. Individuals may experience panic reactions (extreme anxiety attacks), or overt psychosis in response to particular aspects of their drug induced experience. After the drug is eliminated from the body, users may experience flashbacks. Though no physical dependence is detectable when the drug is withdrawn, recurrent use tends to produce psychic dependence. Common hallucinogens include, LSD, mescaline, amphetamine variants such as MDMA, PCP, phencyclidine analogues, and psilocybin, among others. MDMA (Ecstasy) may cause permanent brain damage. PCP may produce hazardous results such as a prolonged confusional psychosis lasting 12 to 96 hours after the drug is discontinued. PCP use can also result in physical as well as psychological dependence, and withdrawal is painful and severe. Permanent schizophrenia, paranoia, memory loss, coma, and death can result from chronic PCP use. Infants exposed to PCP during the fetal stage often suffer adverse effects and go through severe physical withdrawal after birth.
Narcotic Related Health Risks
Users of narcotics (opium, codeine, methadone, meperidine, heroin, morphine, among others) become dependent on the feelings of pleasure that narcotics produce. In a relatively short time their bodies can become dependent on the drug. Most medical problems are caused by uncertain dosage levels, use of unsterile needles and other paraphernalia, contamination of the drug, or a combination of a narcotic with other drugs, rather than the effect of the narcotic itself. An overdose of a narcotic drug can result in death. Infections from unsterile solutions, syringes, and needles cause many diseases. Serum hepatitis is common. Skin abscesses, inflammation of the veins, and congestion of the lungs also may occur.
When a narcotic-dependent person stops using the drug, withdrawal begins within 4 to 6 hours after the last injection. Withdrawal symptoms include shaking, sweating, vomiting, running nose and eyes, muscle aches, chills, abdominal pains, and diarrhea. The life expectancy of a narcotic addict who injects the drug is significantly lower than one who does not. The narcotic addict feels physically and psychologically compelled to administer anther dose to relieve withdrawal symptoms.
Stimulant Related Health Risks
In addition to cocaine and crack, the use of illicit stimulants or the improper use of controlled stimulants can have adverse effects on one’s health. Psychological and physical dependence may develop. Withdrawal symptoms may appear after use is discontinued. Symptoms can include fatigue, lethargy, strong hunger, and depression which places users at a greater risk for suicide. Low doses can cause increases in heart rate and respiration, and can reduce users food intake and amount of sleep. High doses can impair complex discrimination and decision making, can produce paranoia and a paranoid psychotic reaction, and can cause compulsive and repetitive behaviors. Other adverse effects include inability to sleep, sweating, dry mouth, muscle twitching and tremors, fever, headaches, chest pains, convulsions, irregular heartbeat, cardiac arrest, and death.
Depressant Related Health Risks
The use of illicit depressants or the improper use of controlled depressants can result in extreme physical and psychological addiction. Abrupt withdrawal of a depressant drug can be deadly. The body can go into convulsions or grand mal seizures. Other withdrawal symptoms include increased anxiety, insomnia, weakness, difficulty in making cardiovascular adjustments on standing, anorexia, nausea, and vomiting. Following seizures, a psychosis characterized by confusion, disorientation in time and place, agitation, insomnia, delusions, and visual and auditory hallucinations can occur.
Many hospitalizations and suicide attempts are caused by overdosing, either by an overdose of the drug or by a combination of the drugs and alcohol. Valium may produce birth defects if taken during the first three months of pregnancy.
Applicable Legal Sanctions Under Federal and State Law for the Unlawful Possession or Distribution of Illicit Drug or Alcohol
Loyola University legal counsel has prepared the following summary of applicable laws relative to the possession or distribution of illicit drugs or alcohol:
Alcoholic Beverages
It is unlawful for anyone under the age of 21 to purchase or have public possession of any alcoholic beverages unless accompanied by a parent, spouse or legal guardian who is 21 years of age or older, or if the consumption of alcoholic beverages takes place in a private residence or private club which is not de facto open to the public. "Alcoholic beverages" include beer, distilled spirits, and wine. Violation of this law subjects the offender to payment of a fine of not more than $100.00 or to imprisonment for not more that six (6) months, or both.
Additionally, it is unlawful for any person other than a parent, spouse or legal guardian 21 years of age or older to purchase on behalf of a person under 21any alcoholic beverage. Violation of the law subjects the offender to payment of a fine of not more than $500.00 or to imprisonment for not more than thirty (30) days, or both. It is also unlawful to sell alcoholic beverages to persons under 21 years of age, and lack of knowledge of a person’s age in not a defense.
Violation of this law subjects the offender to payment of a fine of not more than $100.00 or to imprisonment for not more than six months, or both.
Anyone convicted of operating a motor vehicle or watercraft while intoxicated is subject to a penalty on the first offense of payment of a fine up to $500.00 and imprisonment for not more than 10 days, with imposition or execution of the sentence suspended only if the offender is placed on probation with the condition that the offender serve two days in jail and participate in court-approved community service, half of which shall be in a litter abatement or collection program, as well as participation in court-approved substance abuse and driver improvement programs.
An offender convicted of a second offense of operating a motor vehicle or vessel while intoxicated is subject to a fine of not less than $300.00 and not more than $1000.00 and to imprisonment for not less than thirty (30) days and not more than six months. Imposition or execution of such a sentence shall not be suspended unless the offender serves 15 days in jail and participates in court-approved substance abuse and driver improvement programs or the offender performs thirty (30), eight-hour days of court- approved community service, half of which shall be in a litter abatement or collection program, as well as participation in court-approved substance abuse and driver improvement programs.
An offender convicted of a third offense of operating a motor vehicle or vessel while intoxicated is subject to a fine of not more than $2,000.00 and imprisonment, with or without hard labor, for not less than one year and no more than five years. At least six months of the sentence must be served without benefit of probation, parole or suspension of sentence. The offender must participate in court-approved substance abuse and driver improvement programs.
An offender convicted of a fourth offense of operating a motor vehicle while intoxicated is subject to a fine of not more than $5000.00 and to imprisonment at hard labor for not less than ten (10) years and not more than thirty (30) years. At least one year of the sentence must be served without benefit of probation, parole, or suspension of sentence. If a portion of the sentence is served with the benefit of probation, parole, or suspension of sentence, the offender must participate in a court-approved substance abuse and driver improvement programs. If the offender has previously been required to participate in court-approved substance abuse and driver improvement programs following his or her first of second convictions for operating a motor vehicle or vessel while intoxicated, but not after a third conviction, at least two years of the sentence shall be imposed without benefit of probation, parole or suspension of sentence. If the offender previously received the benefit of probation, parole, or suspension of sentence, and no portion of the sentence following a fourth conviction of operating a motor vehicle or vessel while intoxicated, no part of the sentence may be imposed with benefit of probation, parole, or suspension of sentence, and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense.
Any offender ordered to participate in a substance abuse program shall pay the costs of participation in such a program. Failure to pay such costs shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay.
If the State of Louisiana proves, in addition to the other elements of operating a motor vehicle or vessel while intoxicated, that a minor child twelve (12) years of age or younger was a passenger in the motor vehicle or vessel at the time of the commission of the offense, then the minimum mandatory sentences imposed by a first, second, or third offense shall not be suspended. For the fourth conviction in this situation, at least two years of the sentence shall be served without benefit of suspension.
Illicit Drugs
State law provides that anyone who is found guilty of manufacturing or distributing illicit drugs could be sentenced, depending on the type of drug, to a term of imprisonment at hard labor ranging from five years to life imprisonment (without benefit of probation or suspension of sentence) and may be fined from $5000 to $50000. An individual can be found guilty of distribution based upon the possession of a large amount of an illicit drug. Additionally, a person over the age of 25 who is found guilty of distributing certain illicit narcotic drugs to a person under the age of 18 is automatically sentenced to a term of life imprisonment at hard labor. A person who is at least 18 who distributes illicit drugs to persons three years his or her junior shall receive an enhanced sentence. Furthermore, any person convicted of an offense as a second or subsequent offense shall be sentenced to a term for twice the amount authorized by the original statute. Any property used in the distribution or manufacture of a controlled substance is also subject to forfeiture under Louisiana law.
Any person convicted of distributing drugs to a student enrolled in any elementary, secondary, vocational, special or postsecondary school shall be punished by a term of conviction twice that set forth in the applicable statutes, according to the type of drug distributed.
State law also provides that anyone who is found guilty of possession of illicit drugs could be sentenced, depending on the type of drug, to a term of imprisonment with or without hard labor ranging from five years to twenty years and may be fined up to $5000.00.
Additionally, state law sets forth that, if any person is convicted of a first offense that constitutes a felony as to possession, distribution or manufacture of illicit drugs within 1,000 feet of a school (including any elementary, secondary, or vocational school, or any college or university), then such a person shall be punished by imposition of the maximum fine and not less than one-half nor more than the maximum term of imprisonment as set forth in the applicable statutes as to the applicable drug involved. Further, the minimum mandatory term shall be served without benefit of probation, parole, or suspension of sentence. A felony is any violation of law which may be punished by imprisonment at hard labor. Any second such conviction carries a penalty of the maximum fine applicable and maximum imprisonment applicable, and the prior conviction does not have to relate to possession, distribution or manufacture of illicit drugs near a school but may be any felony violation of the laws of the State of Louisiana or the United States as to illicit drugs. This law is noted not only because Loyola University constitutes a "school" under the statute but also because of the close proximity to Loyola to Most Holy Name of Jesus Elementary School.
A conviction for possession of marijuana, on a first offense, carries a fine of not more that $500.00 and/or imprisonment in the parish jail for not more than six (6) months, or both. The penalty for a second conviction possession of marijuana carries a fine of not more than $2000.00 and/or imprisonment with or without hard labor for not more than five (5) years. A third conviction for possession of marijuana or any subsequent convictions carries a penalty of imprisonment with or without hard labor for not more than twenty (20) years.
In addition to the laws of the State of Louisiana, federal laws prosecuted in the United States District Court have similar penalties if a person is convicted of manufacture, distribution, or possession of illicit drugs. The penalty for violation of the drug laws of the United States includes fines ranging from $1,000.00 to $4,000.00 and terms of imprisonment ranging from up to one year for simple possession of certain drugs to life imprisonment for more serious offenses. Furthermore, the federal government, as the state government, can seize property used for transportation of illegal drugs, such as an automobile, even for small amounts.
Such property is then forfeited to the United States of America.
ALCOHOL AND DRUG CONSELING, TREATMENT REFERRAL AND REHABILITATION PROGRAMS
The following resources are available for Loyola University students, faculty and staff in need of alcohol and/or drug abuse services:
On-Campus Referral Agencies:
Substance Abuse Program Counseling, Career Development & Placement Center provides individual and group alcohol and drug abuse screenings, psychological evaluations, outpatient alcohol and drug counseling, and referrals to outside treatment agencies when needed. These services are provided by the Substance Abuse Coordinator and other counseling staff members. Alcohol and drug education classes are offered to students who are possibly at risk to become addicted to substances. The program provides training seminars for student leaders, student organizations, new student orientation, and the general student body. Academic courses on Substance Abuse are also offered through City College. Referrals from the University Discipline program are treated in educational classes. A library of substance abuse materials is available in the department for the University community. Self-help support groups meet on or near the campus which include Alcoholics Anonymous (AA); Narcotics Anonymous (NA); Adult Children of Alcoholics (ACOA); and Al-Anon, a group of family and friends of alcoholics. Services are free to students and are confidential.
Faculty and staff may utilize the following services of the Substance Abuse program in the Counseling, Career Development and Placement Center. An initial assessment session will be provided and staff will assist the individual in seeking an off-campus referral agency. This service is free and confidential. A training program for faculty and staff is offered to teach ways of identifying substance abuse and making appropriate referrals. The self-help supports groups such as AA, NA, ACOA, Al-Anon are available to faculty and staff.
The University Substance Abuse Coordinator is responsible for coordination of the Substance Abuse Program. The Coordinator’s office is located in the Counseling, Career Development and Placement Center, 2nd floor, Danna Center, 865-3835.
Student Health Service provides emergency medical assistance to students experiencing physical problems resulting from substance abuse. Emergency transportation is available to transport to the hospital if necessary. Faculty and staff may utilize Student Health Service on a limited emergency basis only for physical problems resulting from substance abuse.
Campus Ministry is available to the University community for pastoral counseling and referral services.
Off-Campus Referral Agencies:
Off-Campus referrals may be made to one of the following agencies based on the individual’s needs, financial situation and/or hospitalization plans. Other agencies are also available in the metropolitan area which deal with substance abuse.
Depaul Hospital: Provides inpatient alcohol and drug treatment, individual and group therapy, and family counseling. Participants are charged for services.
Ochsner Alcohol & Substance Abuse Program: Provides alcohol and drug treatment on an inpatient and outpatient basis. Also provides individual and group therapy and family counseling. Participants are charged for services.
The Medical Center of Louisiana (formerly Charity Hospital) Medical Detoxification Unit: Provides alcohol and drug treatment on an inpatient basis. Also provides individual and group therapy. Participants are charged for services.
July 7, 1999
