Alcohol, Drug, and Substance Abuse Policies

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The following information is provided in response to the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), which require that the university show that it has adopted and implemented a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. The university must certify that it is in compliance with this law in order to receive any Federal funds. The law requires, in part, the annual distribution of the following descriptive statements to each university student and employee. There is no distinction between full-time and part-time or permanent and temporary students and employees.

The unlawful possession, use, consumption or distribution of drugs and/or alcohol by students or employees on university property or as a part of any university activity is prohibited. Violators will be prosecuted in accordance with applicable laws and ordinances and will be subject as well to disciplinary actions by the university, in conformance with the Miami University Information and Policy Manual and/or sections 2.1.E, 2.1.F, 2.2.E, and 4.4 of The Student Handbook included in the sections below. Sanctions for violations may include suspension, and/or termination/dismissal, as well as compulsory attendance at drug/alcohol education programs or other appropriate disciplinary measures.


For Students

Despite the fact that alcohol use is illegal for most college undergraduates, alcohol continues to be widely used on and around most college campuses today. Miami is no exception. Miami's growing concern about the use and abuse of alcohol led to the adoption of mandatory penalties for alcohol violations.

Legal and Responsible Use of Alcohol

The right to consume alcoholic beverages is limited through laws that establish minimum drinking ages, drinking and driving laws, and so on. The possession or use of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal and individuals in violation will be subject to sanctions by the University. The sale of alcohol to anyone under the legal age to purchase will also be subject to sanctions by the University. Organizations or groups violating alcohol/substance policies or laws may also be subject to sanctions by the University. Miami University also has established policies on alcohol use on campus and by campus groups and strictly enforces them. It is incumbent on students to become knowledgeable regarding these policies, whether for individual decision-making or for planning programs and events for student organizations.

The Student Code of Conduct

Intoxication (105A)

Any student who is intoxicated or exhibits negative behavior associated with intoxication after using alcohol is in violation of this policy.

Prohibited Use of Alcohol (105B)

Alcohol may be consumed and/or possessed only by those of legal drinking age and only in authorized locations. On-campus use of alcoholic beverages is restricted in accordance with applicable city and state laws, both in residence halls and in designated facilities. Students are not permitted to have kegs or beer balls of alcoholic beverages or parties with alcohol in residence hall rooms. Underage possession, consumption, consumption in unauthorized locations, or furnishing of alcoholic beverages to any person under legal age to drink such beverages is prohibited.

Sanctions may be imposed singly or in combination on individuals, student organizations, and fraternities or sororities. A student may be suspended or dismissed for a single violation. Multiple violations or additional violations of the Code of Student Conduct may result in more severe sanctions.

No sanction will be imposed until all appeals are completed (see Chapter 4 Appeals). Failure to complete a sanction will result in a hold on the student’s ability to register for subsequent semesters or to change a class schedule. Students are permitted to drop and withdraw as provided in The Student Handbook. Student organizations and fraternities and sororities will not be reinstated until all sanctions are completed.

Students should be aware that disciplinary records may be reviewed by others within the University and may have adverse consequences for those seeking the second-year residency exemption and/or enrollment in study-abroad opportunities.

Penalties for Alcohol Violations

Intoxication or Negative Behavior Involving the Use of Alcohol

Any student who is intoxicated or exhibits negative behavior after using alcohol is in violation of this policy.

Minimum Penalties:
First Offense. The minimum penalty for a first offense is mandatory attendance at a four-hour substance abuse education program and a minimum fee of $200 to the student for the program as well as mandatory participation in a comprehensive substance abuse assessment and a minimum fee of $250 to the student for the assessment. Further intervention and an opportunity to participate in group sessions may be recommended by the counselor. There will be no additional fee to the student for participation in the group sessions at the Student Counseling Service.

Second Offense. Suspension from the University, either immediately or at the close of the current semester/term, for a minimum of either fall or spring semester and may also include summer and/or winter term. (Note that a student may not be suspended solely for either summer and/ or winter term.)

If a student is suspended as a result of alcohol violations and subsequently returns to Miami University, another violation of the alcohol policy may result in dismissal. Registration for subsequent semesters will be withheld until the student complies with the penalties assessed for the first offense. If a student has been officially found to have committed an alcohol offense and two calendar years have elapsed without a subsequent finding for such an offense, a prior offense will be considered in determining the current penalty but the minimum penalty is not mandatory. For multiple violations of the Student Conduct Regulations, additional penalties may be warranted and imposed in accordance with normal University disciplinary procedures.

Good Samaritan Policy - In the event the student incurs an alcohol violation during the twelve- month period following the Good Samaritan report, the prior file may be reviewed as part of the sanctioning process but will not be counted as a prior alcohol offense for the purpose of imposing mandatory minimum sanctions.

Prohibited Use of Alcohol

Minimum Penalties:
First Offense.
The minimum penalty for a first offense is required attendance at a two-hour substance abuse program designed to acquaint students with their civil and legal responsibilities as well as the personal and career implications of alcohol and other substance abuse. There will be a minimum fee of $150 to the student for the program.

Second Offense. The minimum penalty for a second offense is mandatory participation in a comprehensive substance abuse assessment and a minimum fee of $250 to the student for the assessment. Further intervention and an opportunity to participate in group sessions may be recommended by the counselor. There will be no additional fee to the student for participation in the group sessions at the Student Counseling Service.

Third Offense. Suspension from the University, either immediately or at the close of the current semester/term, for a minimum of either fall or spring semester and may also include summer and/or winter term. (Note that a student may not be suspended solely for either summer and/ or winter term.)

If a student is suspended as a result of alcohol violations and subsequently returns to Miami University, another violation of the alcohol policy may result in dismissal. Registration for subsequent semesters will be withheld until the student complies with the penalties assessed for the first or second offenses. If a student has been officially found to have committed an alcohol offense and two calendar years have elapsed without a subsequent finding for such an offense, a prior offense will be considered in determining the current penalty, but the minimum penalty is not mandatory. For multiple violations of the Student Conduct Regulations, additional penalties may be warranted and imposed in accordance with normal University disciplinary procedures.

Multiple Alcohol Violations Involving Prohibited Use of Alcohol and Intoxication

The minimum penalty for any combination of three alcohol violations is suspension from the University; either immediately or at the close of the semester/term for a minimum of either fall or spring semester and may also include summer and/or winter term. (Note that a student may not be suspended solely for either summer and/or winter term.)


Drug Use

The use, offer for sale, sale, distribution, possession, or manufacture of any controlled substance or drug except as expressly permitted by law is prohibited. The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant (such as glue or paint) except as expressly permitted by law is also prohibited. Possession of drug paraphernalia is also prohibited. Such laws are strictly enforced by the Miami University Police Department. Violators are subject to University disciplinary action, criminal prosecution, fine and/or imprisonment.

Prohibited Use of Drugs (106A)

The use, offer for sale, sale, distribution, possession, or manufacture of any controlled substance or drug except as expressly permitted by law is prohibited. The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law is also prohibited. Examples of prohibited behavior include huffing or sniffing glue or paint and the use of nitrous oxide (whip-its).

Possession of Drug Paraphernalia (106B)

Possession of drug paraphernalia is also prohibited. Drug paraphernalia as it applies in this section means any equipment, product, or material of any kind that is used in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.


Alcohol and Other Drug Education

Miami University encourages education as the first step in assisting students to take responsibility for their behavior and to understand the consequences of current and future behavior as it relates to drug and alcohol use.

Miami University requires all first-year students to participate in AlcoholEdu, an online educational program, prior to coming to campus. AlcoholEdu is a population-based prevention strategy (as defined by the National Institute for Alcohol Abuse and Alcoholism) to educate students about alcohol use, abuse and protective factors to minimize high-risk alcohol behaviors. In addition, Miami makes available the CHOICES educational programs for high-risk student populations, such as Greek organization members and student athletes. In addition, the Office of Student Wellness conducts awareness campaigns during National Collegiate Alcohol Awareness Week.

When students are sanctioned for violations, Miami University mandates one of two education programs, the Alternatives Program and the Chemical Abuse Education Program.

The Alternatives Program is a two-hour program that focuses on decision-making and responsible actions around alcohol use. The Chemical Abuse Education Program (CAEP), which is a four-hour program, focuses more specifically on drug use, abuse, and dependence. The primary focus of each program is to help students gain a broader knowledge regarding alcohol and other drug use by providing factual information about alcohol and other drug use and the negative consequences that may result from chemical use. Each program encourages abstinence and informs students of the health risks involved with continued use or abuse of alcohol or other drugs. These education programs also help students examine attitudes and influences, both internal and external, which affect their choices regarding chemical use.

Such programs support Miami's drug-free policy and employees and students are informed of Miami's drug-free policy and its implications. Employees are offered smoking cessation programs and, through an employee assistance program, counseling on alcohol or drug abuse, among other benefits.


Counseling, Treatment and Rehabilitation Services

Substance Use Assessment 

When a student is charged with a second Code 105B or 106B violation, or first Code 105A or 106A violation the student is referred for a substance use assessment (see Code of Student Conduct Handbook for details about code violations). The Student Counseling Service (SCS) works in conjunction with the Office of Ethics and Student Conflict Resolution to provide these assessments to full-time Miami University students. The recommendations resulting from the substance use assessment are strictly confidential and not a part of the student's academic record. Students need to plan to spend 60-90 minutes, to complete the assessment. Students are charged $250.00 for the substance use assessment, which appears on the student’s bursar account. Alcohol/drug assessments do not have to be completed at SCS. Students may contact SCS at (513) 529-4634 for either scheduling a substance use assessment or to get a list of private community practioners and drug and alcohol treatment facilities. 

Once an appointment is made, the student is expected to attend. If the student does not come to the appointment, she/he will be charged a $25.00 no-show fee and will not be permitted to reschedule their appointment with SCS and will be required to schedule their substance use assessment with a private community provider or drug and alcohol treatment facility.  

Group Counseling 

Transformations Group

This group is for students contemplating making changes in their alcohol/drug use. This is a five session psycho-educational group.  Members will examine their substance use and how it impacts their academics, relationships, personal goals. Students may be self referred to group, or referred by the court system, parents, or Miami University. Upon court approval, this group can be used to fulfill 10 hours of substance use education. Any information disclosed in group about the misuse of legal or illegal substance use is strictly confidential.

Life Choices Group

This group is for students who have concerns about substance use (alcohol, marijuana, etc.) and have committed to making changes in their drug/alcohol use. This is a therapy group that runs for an entire semester. The focus is on identifying how substance use influences daily life and functioning.  The group will also discuss how substance use may be interfering with personal goals, relationships, etc. Any information disclosed in group about the misuse of legal or illegal substance use is strictly confidential.

AA Meetings Near Campus

Every Monday night at 8:00 PM there is an open Alcoholics Anonymous (AA) meeting in United Campus Ministries, 16 South Campus Ave. Oxford, OH.

Medication Assisted Treatment of Addiction

Students that have problems with alcohol or drugs may have difficulty staying sober. The staff psychiatrist at Miami University prescribes many different medications to assist in recovery including Naltrexone (Vivitrol, Revia), Buprenorphine/Naloxone (Suboxone, Zubsolv ), Disulfuram (Antabuse), and Varencycline (Chantix). These medications can assist with recovery from substances including alcohol, pain pills, heroin, and nicotine.

The Psychology Department

Operates a fee-for-service clinic located in the Psychology Building (room 39). Sessions are $25.00 each. Therapists are students in the doctoral program in clinical psychology at Miami University. If the fee poses a hardship, you are encouraged to speak to the therapist with whom you meet to discuss this issue. Appointments may be scheduled in the Psychology Clinic by calling the clinic directly at 513-529-2423.

24-Hour Crisis Hotline (513-523-4146)

The Community Counseling and Crisis Center (CCCC) has a 24-hour crisis service that is staffed by paraprofessionals. This 24-hour hotline is available to assist callers who are facing a wide variety of concerns. CCCC employs a staff of professional counselors including licensed social workers. CCCC operates on a sliding scale fee, thus it is possible that a lower fee may be negotiated. You can schedule an appointment at CCCC by calling 513-523-4149 between the hours of 8:00 a.m. to 5:00 p.m. The office is located at 110 S. College Avenue, Oxford, OH 45056.

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For Employees

Drug-Free Workplace – from the Miami University Information and Policy Manual

Purpose

Miami University is dedicated to providing a safe, healthy, and efficient work place for its employees and for the entire University community. Therefore, Miami University recognizes that one of its most important obligations to its employees and students is to maintain a completely alcohol- and drug-free workplace.


Policy

  1. The illegal use of drugs or alcohol in the workplace or on University property or as part of any University activity is strictly prohibited.
  2. Employees may not be under the influence of drugs or alcohol in the workplace.
  3. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on University property or as part of any University activity is strictly prohibited.
  4. Students and employees must notify Miami University of any criminal drug statute conviction for a violation occurring on University property no later than five (5) days after such conviction.
  5. Any student who violates any portion of this policy will be subject to disciplinary action, including suspension or dismissal, under the Code of Student Conduct. Any employee who violates any portion of this policy will be subject to disciplinary action up to and including discharge under the appropriate disciplinary procedures.
  6. The University reserves the right to include completion of an appropriate rehabilitation program as a disciplinary sanction.
  7. For a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol, the health risks associated with the use of illicit drugs and the abuse of alcohol or a description of drug and alcohol counseling, treatment, rehabilitation, or reentry programs that are available to employees or students, please consult Miami’s annual publication, Your Right to Know.

Drug Testing

(policy effective 1-9-2014 per President Hodge)

Miami University is dedicated to providing a safe, healthy, and efficient work place for its employees and for the entire University community. As a result, Miami University recognizes that one of its most important obligations is to maintain a drug and alcohol-free workplace. Reasonable Cause and Post-Accident drug and alcohol testing may only be conducted pursuant to properly adopted work-place rules or a collective bargaining agreement. Employees are encouraged to take advantage of the University’s employee assistance program (EAP) for substance abuse issues.


Counseling, Treatment and Rehabilitation Services

24-Hour Crisis Hotline (513-523-4146)

The Community Counseling and Crisis Center (CCCC) has a 24-hour crisis service that is staffed by paraprofessionals. This 24-hour hotline is available to assist callers who are facing a wide variety of concerns. CCCC employs a staff of professional counselors including licensed social workers. CCCC operates on a sliding scale fee, thus it is possible that a lower fee may be negotiated. You can schedule an appointment at CCCC by calling 513-523-4149 between the hours of 8:00 a.m. to 5:00 p.m. The office is located at 110 S. College Avenue, Oxford, OH 45056.

Employee Assistance Programs

Employees covered under Miami's group life insurance policy issued by Liberty Mutual are eligible for two employee assistance programs (EAP).

      MyLibertyAssist

Online: www.bensingerdupont.com/MLA (password: MLASSIST)
Telephone: 1-877-695-2789 (1-877MYLBRTY)

      Life Services

Access: http://lm.bdalifeservices.com (Username: mllife)

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Laws

The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of June 1, 2005. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses.

Federal Law

Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from five years' imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4 million. Again, depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g. methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substance range from up to one year in prison or a fine of at least $1,000.


State Law

Ohio Revised Code (ORC) Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance.

PENALTY FOR VIOLATION: Mandatory imprisonment from 6 months to 10 years, depending upon amount and type of drug involved and history of previous drug abuse offenses.

ORC 2925.03 provides that no person shall knowingly "traffick" in controlled or illicit substances, including marijuana. Trafficking includes selling, offering to sell, delivering, distributing, preparing, cultivating, and manufacturing of controlled substances.

PENALTY FOR VIOLATION: Mandatory fines range from $100 to $20,000, depending on offense and drug involved. Mandatory jail sentences range from 6 months to 10 years.

ORC 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance.

PENALTY FOR VIOLATION: Drug abuse involving amounts of marijuana less than 100 grams carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 8 years and mandatory fines of $15,000. Drug abuse offenses involving other drugs may result in jail terms of up to 10 years and fines of $20,000.

ORC 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments.

PENALTY FOR VIOLATION: A first offence can carry a jail term of up to 90 days and fines of $750.

ORC 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, manufacture or advertise drug paraphernalia.

PENALTY FOR VIOLATION: Depending upon the facts, imprisonment up to 6 months and fines up to $1,000.

ORC 2925.31 provides, except for lawful research, clinical, medical, dental, or veterinary purposes, no person with intent to induce intoxication or similar effect, shall obtain, possess, or use a harmful intoxicant.

PENALTY FOR VIOLATION: Up to $1,000 and 6 months in jail. ORC 2925.37 provides that no person shall knowingly possess, make, sell, or deliver counterfeit controlled substances.

PENALTY FOR VIOLATION: Depending upon the facts, the penalty can be up to 180 days in jail and a $1,000 fine, but aggravating circumstances can cause the offense to become a felony of the fourth degree with prison terms between 6-18 months and a fine up to $5,000. State law, alcohol ORC 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor.

PENALTY FOR VIOLATION: A fine of not less than $25 nor more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.

ORC 4301.631 provides that no underage person can purchase low alcohol beverages, that no person may furnish low alcohol beverages to an underage person, and that no person shall allow underage persons to consume low alcohol beverages on his/her property.

PENALTY FOR VIOLATION: Punishments for violating ORC 4301.631 range from fines of $25 to $250 and imprisonment up to 30 days.

ORC 4301.633 provides that no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age for the purpose of obtaining beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift.

PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.

ORC 4301.634 provides that no person under the age of 21 years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this state where beer or intoxicating liquor is sold under a permit issued by the department of liquor control.

PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.

ORC 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle.

PENALTY FOR VIOLATION: Misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.

ORC 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person.

PENALTY FOR VIOLATION: Misdemeanor. The maximum penalty is imprisonment for not more than 6 months and a fine of not less than $500 and no more than $1,000.

ORC 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless he is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes.

PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.

ORC 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse.

PENALTY FOR VIOLATION: Misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension. Penalties for repeat offenders can result in up to 5 years in prison.


Local Law

The City of Oxford, the City of Hamilton, the City of Middletown, and West Chester Township enforce all the state criminal statutes cited above. In addition, each of these cities list some additional sanctions for alcohol and other drug use, including without limitation, prohibitions against: driving under the influence of alcohol or drugs; possession and consumption of alcohol while underage; providing alcohol to underage persons; having an open container of alcohol in public places; possession of a controlled substance; purchasing and consuming low-alcohol beverages by underage persons, using false representations by underage persons to obtain alcohol; permitting the consumption of alcohol by underage persons at a person's property (including hotel rooms), and hosting a party where alcohol or drug abuse occurs.

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