Page 260 of GayWay Community College Catalog by GateWay Community College Phoenix Arizona

260 2005-2006 GateWay Community College Catalog Student Handbook B. Student Program to Prevent Illicit Use of Drugs andAbuseofAlcohol 1. Introduction and Purpose The recent adoption by Congress of the Drug-Free Schools and Communities Act amendments of 1989 (Public Law 101-226) requires federal contractors and grantees to certify that they will provide a drug-free school. As a recipient of federal grants, the District must adopt a program toward accomplishing this goal. While federal legislation has been the impetus for creation of the program, the administration and Governing Board recognize that substance abuse is a problem of national proportions that also affect students at Maricopa Community Colleges. Based upon that concern, it is intended that this program on prevention of alcohol and drug abuse on college campuses will go beyond the strict dictates of the law and will serve as a comprehensive educational and resource tool. The Maricopa Community Colleges are committed to maintaining learning environments that enhance the full benefitsofastudentseducationalexperience.TheMaricopa Community College District will make every effort to provide students with optimal conditions for learning that are free of the problems associated with the unauthorized use and abuse of alcohol and drugs. Part of the educational mission of Maricopa Community Colleges, in conjunction with this program, is to educate students about positive self-development, the benefits of a healthy lifestyle and the health risks associated with substance abuse. The purpose of this program is to: a. EnsurethattheMaricopaCommunityCollegesworking and learning environment for students and the public is safe, orderly and free of illegal activity. b. Comply with the Drug-Free School and Communities Act of 1989, and other relevant substance abuse laws. c. Provide students with access to appropriate treatment and rehabilitation assistance for problems associated with substance use or abuse. 2. Standards of Conduct In the student handbooks of the Maricopa Community Collegesundercodesofconduct,thefollowingareexamples of behavior that is prohibited by law and/or college rules and policies: a. Drinking or possession of alcoholic beverages on the college campus. b. Misuse of narcotics or drugs. 3. Sanctions for Violation of Standards of Conduct Disciplinary actions include, but are not limited to: a. Warning, b. Loss of privileges, c. Suspension, or d. Expulsion. 4. Legal Consequences of Alcohol and Other Drugs a. Laws Governing Alcohol The State of Arizona sets twenty-one as the legal drinking age . An underage person who buys, receives, possesses or consumes alcoholic beverages is guilty of a misdemeanor and may be subject to a fine and imprisonment for up to six months. The Uniform Act Regulating Traffic on Highways prohibits driving while under the influence of intoxicating liquor or drugs (DWI). Drivers charged with DWI who refuse to be tested face suspension of their licenses or permits to drive for twelve months. A driver whose test results show a blood orbreathalcoholconcentrationof0.08ormorewillhavehis/ her license or permit to drive suspended or denied for not less than ninety consecutive days. The punishment for DWI ranges from not less that twenty-four consecutive hours in jail and a fine of not less that $250 for a first offense to a minimum of six months in jail and revocation of the drivers license for three years upon a third offense. a. Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both. After one prior drug conviction: At least fifteen 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 ninety 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 twenty years and fined up to $250,000, or both, if: 1) Firstconvictionandtheamountofcrackpossessed exceeds five grams. 2) Second conviction and the amount of crack possessed exceeds three grams. 3) Third or subsequent crack conviction and the amount of crack possessed exceeds one gram. 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) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. Civil fine of up to $10,000 (pending adoption of final regulations). 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 and subsequent offenses. Ineligible to receive or purchase a firearm.

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