The Drug-Free Schools and Communities Act Amendment of 1989 (U.S. Public Law 101-226) and the Drug-Free Workplace Act require annual distribution of certain information to all students and employees.
This information is specific to students and includes (not in particular order):
- Standards prohibiting unlawful possession, use, or distribution of illicit drugs and alcohol
- Laws pertaining to the unlawful possession, use, or distribution of illicit drugs and alcohol
- Health risks associated with the use of illicit drugs and abuse of alcohol
- Drug and alcohol treatment and rehabilitation programs
- University sanctions
Alcohol Policy
In addition to the policy information below, see the Office of Student Support and Community Standards, Student Conduct Policies and Procedures.
Rationale
IUP seeks to encourage and sustain an academic environment that both respects individual choice and promotes the health, safety, and welfare of all members of the university community. Accordingly, the university offers these statements for guidance and the policies, which follow as regulation of alcoholic beverages, consistent with the statutes and laws of the Commonwealth of Pennsylvania.
In support of its mission, the university sponsors educational programs on the physical, psychological, social, and behavioral effects of alcohol consumption. It provides substance-free activities to promote social interaction, and it provides services and resources for community members who experience difficulty in dealing with personal or family alcohol-related issues. IUP's alcohol policy and programs are intended to encourage community members to make responsible decisions about the use of alcoholic beverages and to promote a safe, lawful, and healthy environment for social interaction.
While acknowledging that alcohol may play a role in some social settings, the university expects all members of the community to recognize the potential for (alcohol-related) problems whenever it is consumed. Such problems are absolutely inimical to the mission of the university. Alcohol consumption will not be considered an excuse for misconduct, but rather as an aggravating factor to the misconduct in question.
The university expects that members of the campus community who choose to consume or serve alcoholic beverages will abide by state law, and will do so in a low-risk manner and as a result of making an informed decision. This decision should be based upon consideration of the consequences to self, to others, and to the community at large and with full awareness and understanding of individual and group accountability, behavioral consequences, relevant policies, regulations, and laws.
Since IUP students live among the permanent residents of the Indiana community, the university also expects alcohol-related behavior to be in accordance with local community standards. Such standards are not tolerant of gatherings which are either boisterous or in violation of Pennsylvania alcohol laws, as may occur in concentrated residential environments characterized by student housing. The university reserves the right to initiate disciplinary proceedings when students violate alcohol laws either on or off campus.
The preceding statements exist for the guidance of all university community members. The regulations, which follow, are intended to govern the use of alcoholic beverages on property owned, operated, or supervised by the university or Student Cooperative Association.
IUP Alcohol Policy
- Alcoholic beverages are not permitted on university or Student Cooperative Association grounds or in buildings including residence halls, except as provided below:
- Alcoholic beverages may be possessed and served at university functions, provided that written permission is granted by the appropriate vice president or his or her designee prior to the event. When alcoholic beverages are served, the event host is responsible for supervision of the event and for ensuring that state law is followed.
- The possession and/or consumption of alcohol is prohibited in all university-owned residential buildings except in the Upper Division Communities of the residence halls. In the Upper Division Community, possession and consumption of alcohol is permitted for students over the age of 21, in a responsible manner, within the comfort of their suite.
- University or Student Cooperative Association professional staff members whose permanent place of residence is on campus may possess and consume alcoholic beverages in their residence.
- Non-university guests who rent or schedule university facilities following the university scheduling policy may serve alcoholic beverages, providing that approval is granted by the vice president for Student Affairs and that all applicable laws, ordinances, and university policy are followed.
- Alcoholic beverages are prohibited on all Student Cooperative Association properties except the University Lodge. To serve alcohol at the University Lodge, all participants must be of legal age, and the sponsor must show proof of Host Liquor Liability Insurance of at least $500,000 with IUP, the Student Cooperative Association, and the College Student Union Association named as additional insurers. Alcohol permission forms are available from the director of the Hadley Union Building and Campus Recreation.
- Alcoholic beverages are not permitted within unlicensed gymnasiums or athletic facilities.
- State funds may not be used to purchase alcoholic beverages.
- On-campus publicity for any campus or off-campus event sponsored by recognized organizations or members of the IUP community may not include the advertising of the availability of alcohol at those events and may not use the availability of alcohol as an incentive to attend those events. Unless an event is specifically advertised as nonalcoholic, the use of illustrations or terminology which implies the use of alcohol in this community is prohibited.
- The university reserves the right to make further regulations regarding the possession and consumption of alcoholic beverages on campus as necessary.
Criminal Penalties
The following represents a summary of relevant articles from the Pennsylvania Crimes Code and Indiana Borough ordinances. Statutes for alcohol violation come from the Pennsylvania Crimes Code Title 18, Pennsylvania Liquor Code Title 47 and Indiana Borough ordinances.
- A person, under the age of 21, commits a summary offense if he/she attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages. Maximum fine $300 plus court costs and mandatory loss of your driver's license for 90 days for a first offense, one year for a second offense and two years subsequent offenses. The police department making an arrest for 6308 is obligated to notify the parents or guardians of the minor charged (Pa C.S.A. 6308).
- A person is guilty of a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violations if he/she is under the age of 21 and knowingly and falsely represents him/herself to be 21 years of age or older, for the purpose of obtaining any liquor or malt or brewed beverages. Maximum fine is $500 plus court costs and loss of driver's license (Pa C.S.A. 6307).
- A person is guilty of a misdemeanor of the third degree if he/she knowingly, willfully, and falsely represents to any licensed dealer, or other person, that a minor is of legal age for the purpose of inducing a person to sell or furnish any liquor, malt or brewed beverages. The minimum penalty is a fine of not less than $300 (Pa C.S.A. 6309).
- A person commits a misdemeanor of the third degree if he/she intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years or age. Minimum penalty for violating this subsection is a fine not less than $1000 for the first violation and a fine of $2500 for each subsequent violation plus court costs (Pa C.S.A. 6310.1A).
- A person commits a misdemeanor of the second degree if he/she intentionally, knowingly or recklessly manufactures, makes, alters, sells or attempts to sell an identification card falsely representing the identity, birth date or age of another. Minimum penalty is a fine of not less than $1000 for the first violation and a fine of not less than $2500 for each subsequent violation (Pa C.S.A. 6310.2).
- A person commits a summary offense for a first violation and a misdemeanor of the third degree for any subsequent violation if he/she is under 21 years of age and possesses an identification card that falsely identifies the person as being 21. It is also a violation to use the identification card of another individual. Minimum penalty is a fine not more than $500 plus court costs (Pa C.S.A. 6310.3).
- It is unlawful for any person who is an operator or any occupant in a motor vehicle to be in possession of an open alcoholic beverage container or to consume any alcoholic beverages or controlled substances. This is a summary offense with a maximum penalty of $300 (Pa C.S.A. 7513).
- A person is guilty of a summary offense if he/she appears in any public place under the influence of alcohol or a controlled substance. Penalty is a maximum fine of $300 plus court costs (Pa C.S.A. 5505).
- A minor (under 21 years of age) shall not drive, operate or be in physical control of a motor vehicle while having alcohol in his/her system. This is a summary offense with a fine of $100 (Pa C.S.A. 3718).
- A person shall not drive, operate or be in physical control of the movement of a vehicle while under the influence of alcohol or a controlled substance to a degree that renders the person incapable of safe driving. For an individual who is 21 years of age or older, the Blood Alcohol Content is .08, for a minor under 21, the Blood Alcohol Content is .02. It is a misdemeanor of the second degree for a first offense.
Pennsylvania Liquor Code Title 47
Sales of alcoholic beverages without a Liquor Control Board license or the purchase of such beverages from an unlicensed source of liquor or malt or brewed beverages are prohibited. Maximum penalty is $300 fine, 90 days in jail plus $200 per ounce of alcohol sold. (Approximately $4000 for each keg used illegally).
Indiana Borough Ordinance #1376
It is unlawful to possess an open container of all alcoholic beverage while in or upon public streets, alleys, parks or other public grounds. Fine is a maximum amount of $100 plus court costs.
Alcohol Liability in Pennsylvania
In December 1986, the United States Court of Appeals for the Third Circuit, in a case titled Fasset vs. Delta Kappa Epsilon (New York), the Villanova chapter of Delta Kappa Epsilon, et. al., reviewed the law of Pennsylvania concerning the liability of a social host who serves alcohol. The court held that particular defendants could be held liable if they had an intention to promote or facilitate the consumption of alcohol by a minor or attempted to aid in the consumption of alcohol by minors. Consequently, the court held that the president of the fraternity that sponsored the party (because he helped organize the party), the treasurer of the fraternity who signed a check for the purchase of the alcohol, and three other individuals who allowed their apartment to be used for the party where minors were served intoxicating beverages could all be held liable for injuries to the intoxicated minor and any third parties injured by the minor.
Thus, individuals in Pennsylvania who furnish alcoholic beverages to minors not only commit a violation of law, but they also render themselves potentially liable for any injuries the minor might sustain and for any injuries that third parties might sustain due to an act of an intoxicated minor. Individuals potentially liable for such damages include not only those who physically furnish the alcohol to the minor, but any persons who aid and assist in the furnishing of the alcohol through its purchase or through organizing, hosting, or supporting the event at which the alcohol is made available.
IUP Drug Policy
- Drug Paraphernalia: Any equipment, product, or material of any kind (containing evidence of any illegal drug and/or controlled substance) that is primarily intended or designed for use in planning, growing, harvesting, manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance. Examples include, but are not limited to, items such as bongs, roach clips, miniature spoons, syringes, and various types of pipes. Possession, use, and/or distribution of controlled substances and/or paraphernalia containing evidence of such substance, except as expressly permitted by law.
- Illegal Possession/Personal Use of Drugs and/or Controlled Substances: The illegal use or possession of any drugs and/or controlled substance, except as expressly permitted by law. Examples include (but are not limited to) cocaine, heroin, morphine, marijuana, ecstasy, gammy hydroxyl butyrate (GHB), amphetamines, solvents, oxycontin, methamphetamines, anabolic steroids, and LSD.
- Distribution/Manufacture/Sales of Drugs: Delivery and/or possession with the intent to manufacture, sell, or distribute any drug and/or controlled substances, except as expressly permitted by law.
- Misuse of over-the-counter medications and/or prescriptions, endangering self or others.
Legal consequences in Pennsylvania for alcohol-related crimes (apply in addition to any federal laws):
| Crime | Fine (first offense) | License Suspension | Jail |
|---|---|---|---|
| Underage drinking, possession or transport | Up to $300 | 90 days first offense One year second offense | Up to 90 days |
| Carrying a fake ID | Up to $300 | 90 days first offense One year second offense | Up to 90 days |
| Public drunkenness | Up to $300 | None | Up to 90 days |
| Open container in West Chester | Up to $600 | None | Up to 30 days |
| Manufacturing or selling fake ID | $1,000-$5,000 first offense $2,500-$599 second offense | None | 0-2 years |
| Furnishing alcohol to minors (you can be cited even if you're a minor) | $1,000-$2,500 first offense $2,500 second offense | 0-1 year |
| Drug | Quantity | First Offense | Second Offense |
|---|---|---|---|
| Marijuana | 1,000 kg or more mixture; or 1,000 or more plants |
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| Marijuana | 100 kg to 999 kg mixture; or 100 to 999 plants |
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| Marijuana | more than 10 kgs hashish; 50 to 99 kg mixture more than 1 kg of hashish oil; 50 to 99 plants |
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| Marijuana | 1 to 49 plants; less than 50 kg mixture |
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| Hashish | 10 kg or less | ||
| Hashish Oil | 1 kg or less |
Health and Alcohol Use
Too much alcohol, too fast, can kill you. It is always okay not to drink. If you do choose to drink, make healthy choices. Following 0-1-3 can reduce impairment, health, and legal problems:
- Zero alcohol intake if you are under 21 years old, sick, using medications or other drugs, pregnant, chemically dependent, driving, or have a strong family history of alcoholism
- 1 - one drink per hour: Your body can only metabolize one average drink per hour.
- 3 - no more than three drinks on any day, and never three drinks daily.
A human brain continues major development through age twenty-five. Drinking during this critical developmental period—especially drinking to the point of getting drunk—may impair brain function for the rest of the person's life. Memory, motor skills, and coordination can be affected. Young people are particularly likely to binge drink and to suffer repeated bouts of withdrawal from alcohol. This repeated withdrawal may be a key reason for alcohol's harmful effects on the brain.
Health and Other Drug Use
All drugs—even over-the-counter and legal prescriptions—have possible side effects that can cause impairments for some people. However, these drugs are regulated, and risks are written on the packaging. With illegal drugs, there are no guidelines, and you can never be sure of their strength or purity. Here are some things to consider:
- Most, if not all, illegal drugs are mixed with impurities. You may not always get what you think you're getting!
- Cocaine is highly addictive. It is easy to get addicted both psychologically and physically.
- THC, the active ingredient in marijuana, remains in your body for one month following use.
- Marijuana smoke produces all of the harmful effects of tobacco smoke and contains 50 percent more of the cancer-causing chemicals.
- Alcohol and illicit drugs are major factors in a large proportion of unplanned pregnancies, sexually transmitted diseases, date rapes, accidental injuries, and deaths.
- Long-term drug use and addiction can cause lasting social effects as well as permanent physical damage. Every organ system can suffer, especially the heart, liver, and brain.
Resources
Members of the university community who experience drug and or alcohol-related problems, or who are concerned about another who may be having such difficulties, are encouraged to seek assistance from any of the following agencies:
On Campus:
Center for Health and Well-Being:
The Counseling Center (treatment and counseling) 724-357-2621
Alcohol, Tobacco, and Other Drugs Program (education and information) 724-357-1265
Off Campus:
The Open Door, 334 Philadelphia Street, Indiana, PA — 724-465-2605
Armstrong/Indiana Drug and Alcohol Commission, Inc., RR 2, Box 67, Rte 422, Shelocta, PA 15774 — 724-355-2746
A.A. (Alcoholics Anonymous), Al-anon, and/or Alateen — 724-349-4041 (Call and leave a message)
State System of Higher Education Drug-Free Workplace Policy Statement
As required by the federal Drug-Free Workplace Act of 1988, the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the commonwealth's employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Policy, or other personnel policies adopted by the Board of Governors.