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Alcohol and Other Drugs Policy

Policy Rationale

Saginaw Valley State University strives to offer members of the University community the same rights as those afforded to members of the larger community.  All members of the University community are responsible for making decisions about their behavior within the context of Michigan law and University regulations.

The Drug-Free Workplace Act of 1988, Subtitle D, Section 5152 and the Drug Free Schools and Communities Act Amendments of 1989, PL No. 101-226, requires that Saginaw Valley State University maintain an environment free from the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol.  This policy Concerning the Use of Alcohol and Other Drugs (this “Policy”) applies to all activities on university property, and may extend to off-campus activities and behaviors. Any violation of the Policy constitutes a violation of the SVSU Code of Student Conduct. Such violations may result in disciplinary action by both the university and civil authorities.

This Policy is written as evidence of Saginaw Valley State University’s commitment to its students by:

  • Encouraging a campus environment where healthful choices are made;
  • Working to prevent alcohol and other drug abuse;
  • Accepting responsibility for one's own choices and behavior;
  • Encouraging alcohol-free programs;
  • Supporting and empowering those who choose responsibly not to use alcohol; and
  • Enforcing university rules and regulations, and federal, state, and local laws that govern alcohol and other drug use.

 

Alcohol & Drug Related Incidents Requiring Medical Attention

In the case of alcohol intoxication, alcohol poisoning, drug overdose or other alcohol or drug-related medical emergency, the primary concern is the health and safety of the individual(s) involved. Students are strongly encouraged to seek immediate medical assistance for themselves or their peers in the case of an alcohol or other drug-related medical emergency. Student to whom medical assistance is sought, or those who seek medical assistance for themselves or for others, for alcohol or other drug-related medical emergencies will not be subject to university discipline for the sole violation of using or possessing alcohol or drugs. Such students may, however, be referred to university education and support programs or community referrals, and may be subject to disciplinary action when other university rules or policies have been violated. Further, students remain subject to local, state, and/or federal laws concerning the use of alcohol and/or other drugs, and may be subject to penalties as prescribed by law.

An individual, for whom emergency medical assistance is sought due to an alcohol or drug-related condition, is financially responsible for all costs of his or her medical care, including ambulance and/or hospitalization.

 

Disciplinary Process

Students accused of behavior in violation of this Policy are subject to the disciplinary process and procedures set forth in the SVSU Code of Student Conduct and this Policy. In the event a student is notified of a violation of this Policy, the student must contact the designated student conduct officer within two (class) days of notification. A screening appointment will then be scheduled within the next five (class) days and a determination of the appropriate sanction(s) will be completed within the following two weeks, when school is in session.

 

Parental Notification

In October of 1998, Congress passed an amendment to the Family Education Rights and Privacy Act (FERPA) which allows an institution of higher education to disclose to parents or legal guardians of a student, information involving a violation of federal, state, local law or a rule or policy of the institution governing the use or possession of alcohol and/or other drugs, if the student is under the age of 21 and the institution has determined that a disciplinary violation occurred. In response to alcohol-related tragedies in the State of Michigan and across the country, SVSU’s policy is to inform parents or guardians of a student under the age of 21 when the student is found responsible for a violation(s) of this Policy.

 


Provisions Specifically Relating to Alcohol

University Alcohol-Related Regulations

  • Unauthorized possession, use, manufacture, distribution or sale of alcoholic beverages on university property is forbidden.
  • All provisions of state law pertaining to possession and use of alcohol, furnishing of alcoholic beverages to minors, and falsification of an I.D. for the purchase of alcoholic beverages will be enforced.
  • Furnishing alcohol to an obviously or visibly intoxicated person, regardless of age, is prohibited.
  • Kegs of any size or any common source of alcohol beverage are not permitted on campus without university approval.
  • Consumption of alcohol by those 21 years of age or older is permitted in University Housing facilities only in accordance with provisions outlined in "Additional Resident Student Alcohol Policy Provisions."
  • Possession of alcohol containers by unauthorized individuals, whether or not the containers hold an alcoholic beverage, is considered acceptable evidence of consumption of alcohol and is a violation.
  • Alcoholic beverages are not permitted at athletic events, concerts or any other event open to the campus community or general public, without prior authorization from the university.
  • Student organization funds may not be used for the purchase of alcoholic beverages.
  • Intoxication, disruptive behavior and/or damage related to the consumption of alcohol are prohibited.
  • Students are expected to exercise good judgment and immediately report violations of this Policy; and failure to do so may be deemed violation of this Policy.
  • Driving while under the influence of alcohol or in possession of alcohol is prohibited.

Violations of any of the above-listed regulations will constitute a violation of this Policy and the SVSU Code of Student Conduct. 

 

Alcoholic Beverage Policy for Approved University Functions

The consumption of alcohol by those 21 years of age and older is permitted during an approved university function; provided, however, that all applicable provisions of this Policy concerning the use of alcohol remain in effect. Applications and guidelines are available from University Conference & Events Center (964-4348). 

1. Consumption of alcohol is permitted by those 21 years of age or older on campus during an approved university function.

2. Organizations that receive a special liquor license, may serve alcohol at an approved function.

3. Alcohol may only be served by University Campus Dining personnel.

4. Attendees at an approved university function are not permitted to supply their own alcoholic beverages.

5. Advertising in university publications or publicized notice on or off campus of the availability of alcoholic beverages at any event sponsored by a university group or individual is prohibited.

 

Additional Resident Student Alcohol Policy Provisions

First Year Suites and Living Center North are designated as alcohol-free (zero tolerance) living areas. The possession or consumption of alcohol, being under the influence of alcohol, and/or the possession of alcohol containers, regardless of whether the containers hold alcohol, is not permitted under any circumstances. Assigned residents of Living Center South, Living Center Southwest, University Village East, University Village West, and Pine Grove who are 21 years of age or older, and who have obtained a valid alcohol permit initiated through the Resident Director are permitted to possess and consume alcohol in accordance with this Policy, including, the following behavioral rules and regulations:

  • Possession of alcohol or alcohol containers outside living units is not permitted, regardless of age or the possession of an alcohol permit.
  • Alcoholic beverages in factory sealed containers may be transported by individuals (21 years or older) from off campus directly to approved residences.
  • Common sources of alcohol (e.g., kegs, trash cans, etc.) or quantities of alcohol (including empty containers) determined to be excessive by university personnel is not permitted.
  • Residents are responsible for their guests’ behavior and may be charged through the disciplinary process for the actions of guests transferable to use in other units.
  • Alcohol permits granted to students 21 years or older are only valid in the student’s assigned residence. Alcohol permits are not transferable to other units.
  • Social events (parties, large gatherings, etc.) may be terminated at any time at the discretion of University staff.

The following limits have been established regarding the amounts and types of alcoholic beverages (as defined in the Michigan Liquor Control Code and related laws, rules, and regulations) each assigned resident who is 21 years of age or older, and has obtained a valid alcohol permit, and behaves in accordance with this Policy, university rules and regulations, and federal, state and local laws; may possess:

  • 144 ounces of beer (equivalent of 12, 12-ounce cans of beer) and 755 ml of wine (the equivalent of one average-size bottle of wine); OR
  • 144 ounces of beer (equivalent of 12, 12-ounce cans of beer) and 755 ml of liquor (the equivalent of one fifth); OR
  • 755 ml of wine (the equivalent of one average-size bottle of wine) and 755 ml of liquor (the equivalent of one fifth): OR
  • 288 ounces of beer (equivalent of 24, 12 ounce cans of beer); OR
  • 1510 ml of wine (the equivalent of two average-size bottles of wine).

All other alcoholic beverages are prohibited.

 

Substance-free living areas (free of alcohol, drugs, and tobacco products) are also available to residents. Students residing in these areas must understand and agree to abide by the substance-free agreement. The resident’s guests must also abide by these conditions. Student’s present in any university substance-free area under the influence of alcohol, drugs, and/or tobacco products may result in removal from the substance-free area, space permitting. If space is not available in another suitable residential facility, the student may be removed from university housing and bear the financial consequences under the conditions described in the publication, “Resident Student Handbook,” under the “Termination” section.

 

Off-campus Activities

Although the university accepts no responsibility for the use or distribution of alcoholic beverages at off-campus social functions sponsored or attended by students or university-related organizations or individuals, the university’s expectations and standards for its students may extend to activities and behavior off-campus.

 

All persons planning or attending such an off-campus activity should be aware of the alcoholic beverage and other laws in that situation.  Each person participating in the activity assumes responsibility for his or her own actions.  Students attending off-campus social functions sponsored or hosted by students or university-related organizations or individuals are subject to all applicable federal, state and local laws, as well as university rules and regulations, and violations may result in disciplinary action by the university and/or civil authorities.

 

Alcohol Disciplinary Sanctions

A student who is determined to have violated this policy for an alcohol-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below.  In addition, such student is subject to prosecution and punishment under federal, state, and local laws.

The following table is a general summary of the range of possible university alcohol-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties may include appropriate developmental sanctions or disciplinary restrictions.

 

First Offense

Second Offense

Third Offense

Alcohol Education

Parental Notification

$75 minimum fine, not to exceed $300

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions 

University Probation 

Alcohol Education

Parental Notification

$200 minimum fine, not to exceed $350

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions

University Suspension

Parental Notification

$250 minimum fine, not to exceed $400

Other appropriate developmental sanctions or disciplinary restrictions

Sanctions will reflect both the degree and number of offenses of a particular student. In certain situations sanctions, including, but not limited to, the following, may be imposed, in addition to the standard sanctions listed in the table above:

  • Violators who are student athletes should be aware that the Athletic Department will be notified in the instance of an alcohol-related violation and are encouraged to immediately communicate with his/her coach in the event of an incident.
  • Sanctions involving removal from university housing or suspension from the university may require the completion of specific criteria subsequent to re-enrollment.

 

State and Township Law: State and Local Law and Related Sanctions

Violation

Case Law(s)

First Offense

Second/

Subsequent Offense

Open House Party

750.141a

Misdemeanor, 30 days in jail, or fine of not more than $1000

Misdemeanor, 90 days in jail, or
fine of not more than $1000

Open House Party
(Saginaw County)

ORD 107

Misdemeanor, 30 days in jail, and/or $500 fine

Misdemeanor, 90 days in jail, and/or $500 fine

Sell or furnish alcohol to minors

MCL 436.1701(1)

Misdemeanor, 60 days in jail, and/or $1000 fine

Misdemeanor, 90 days in jail, and/or $2500 fine and may be ordered to perform community service

Furnishing to minors and causing minor's death

MCL 436.1701(2)

Felony, 10 years, and/or $5000 fine

Same

Transporting/Possession of alcohol by minor in a motor vehicle

MMVL 257.624b

Misdemeanor, substance abuse screening, community service, loss of M.V. up to 30 days, fine up to $100, and license suspension up to 180 days

Misdemeanor, substance abuse counseling, community service, loss of M.V. up to 30 days, fine up to $200, and license suspension up to one year

Purchase/Possess/or Consume

MCL 436.1703(1)

Misdemeanor, fine up to $100, substance abuse treatment, community service; substance abuse screening to assess at own expense.

Misdemeanor, fine up to $500, substance abuse treatment, community service, and license sanctions up to one year

Fraudulent Identification

MCL 436.1703(2)

Misdemeanor, fine and suspension of license for 90 days, up to 93 days in jail

Same

Minor driving with a blood alcohol level above a .02

MMVC 257.625(6)

Misdemeanor, fine up to $1000  and/or 1 year of community service, pay for cost of prosecution, licensing sanctions, 1-5 years in jail

Felony, fine up to $5000 and/or 60 days of community service, pay for cost of prosecution, licensing sanctions, subsequent violation will be a $500 fine and/or, 1-5 years in jail

 

Civil (Dram Shop) Liability

Students should also be aware that civil liability may be incurred when their sale or furnishing of, or assistance procuring alcoholic beverages to an intoxicated person is found to have caused or contributed to property damage or personal injury or death or a person.  Such liability may arise independently of any university sanctions or prosecution under local, state or federal law.


Provisions Specifically Relating to Other Drugs

University Drug-Related Regulations

The following university regulations govern the possession, use, manufacture, sale or distribution of controlled substances (as defined by the Michigan Public Health Code):

  • Any student unlawfully using controlled substances, possessing controlled substances or drug paraphernalia, selling or otherwise distributing controlled substances is subject to discipline under the Code of Student Conduct.
  • The use of prescription drugs or over-the-counter substances, such as inhalants or herbals, in any way other than the intended or appropriate use, may be interpreted as a violation under this Policy.
  • The odor of a controlled substance may constitute a violation of this Policy.
  • Evidence of a drug-related violation of this Policy will be reported promptly to the Department of University Police.
  • Criminal penalties imposed under federal, state and local laws for controlled substance violations can be severe, and can include imprisonment.
  • Drug violations of which students are convicted may affect his or her eligibility for financial aid.
  • Violations of drug regulations may result in disciplinary action by both the university and civil/criminal justice systems.
  • The university will pursue prosecution of students utilizing drugs in the execution of a crime.
  • Residents are responsible for the guests’ behavior and may be charged through the disciplinary process for the actions of guests who violate this Policy.

 

Medical Marijuana

The use, possession, storage or cultivation of marijuana in any form and for any purpose is prohibited at Saginaw Valley State University. Although the Michigan Medical Marijuana Act of 2008 (the “MMMA”) permits qualified patients with specific medical conditions and their primary caregivers to use and possess marijuana, the MMMA conflicts with federal laws. Because the university receives federal funding and is subject to the Drug-Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989, the use, possession, storage or cultivation of marijuana by anyone while on SVSU property, regardless of whether he or she is a licensed/registered patient or caregiver under the MMMA, is a violation of this Policy and, therefore, a violation of SVSU’s Code of Student Conduct.

 

Drug Disciplinary Sanctions

A student who is determined to have violated this Policy fro drug-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below.  In addition, such student is subject to prosecution and punishment under federal, state and local laws.

 

The following table is a general summary of the range of possible university drug-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties will reflect the degree of the drug-related violation and may include appropriate developmental sanctions or disciplinary restrictions and, in certain situations, a student may be expelled upon the first occurrence of a drug-related violated of this Policy.

Ranges of Sanctions for Students Violating Drug Policy

Offense

First offense sanction

Second offense sanction

Odor of controlled substances

$50 minimum fine

Drug Education

Other appropriate developmental sanctions or disciplinary restrictions

$100 minimum fine

Drug Education

University Housing Probation

Parental Notification

Other appropriate developmental sanctions or disciplinary restrictions

Possession of residue, paraphernalia or any type of controlled substances device including, but not limited to: tools, bongs, bowls, cutting or weighing equipment, etc.

$100 minimum fine

Parental Notification

Drug Education

University Housing Probation

Other appropriate developmental sanctions or disciplinary restrictions

$200 minimum fine

Parental Notification

Drug Education

University Housing Removal

University Probation

Other appropriate developmental sanctions or disciplinary restrictions

Possession or use of Schedule IV* Controlled Substances, including, but not limited to: Rohypnol, Darvon, Xanax and other categories of prescription drugs;

 

Possession or use of Schedule III* Controlled Substances, including but not limited to anabolic steroids, testosterone, codeine, some barbiturates, and ketamine;

 

Possession or use of Schedule I & II* Controlled Substances, including but not limited to:

I: GHB, Heroin, Marijuana, Ecstasy and LSD;

II: Cocain, Crack, Oxycontin, Ritalin

$200 minimum fine

Parental Notification

Drug Education

University Housing:
     Probation,
     Relocation or 
     Removal

University Probation, Suspension or Expulsion

Other appropriate developmental sanctions or disciplinary restrictions

$250 minimum fine

Parental Notification

Drug Education

University Housing Removal

University Probation, Suspension or Expulsion

Other appropriate developmental sanctions or disciplinary restrictions

 

 Offense

 Sanction

Possession or use of Schedule V* Controlled Substances; Mis-intended use of mass quantities of prescription drugs or over the counter substances

$200 minimum fine

Parental Notification

Drug Education

Counseling Referral

University Probation, Suspension or Expulsion

University Housing:
     Probation,
     Relocation or 
     Removal

Other appropriate developmental sanctions or disciplinary restrictions

Manufacture, sale or distribution of any category of drug or controlled substances; manufacture, sale or distribution of any prescribed medications or over-the-counter substances other than for their intended use

$300 minimum fine

University Suspension or Expulsion

Parental Notification

  

*Examples of Controlled Substances by Schedule

Schedule V

Robitussin A-C, over the counter medications containing codeine, prescriptions with medical benefits

Schedule IV

Xanax, Valium, Darvocet, Rohypnol, Talwin, Darvon

Schedule III

Anabolic steroids (body builders), testosterone, Ketamine, codeine, some barbiturates

Schedule I & II

GHB, Heroin, Marijuana, Ecstasy, and LSD

Sanctions reflect both the degree and number of offenses of a particular student. In certain situations additional sanctions, including, but not limited to the following, may be imposed in addition to the standard sanctions listed in the table above:

  • Violators who are student athletes should be aware that the Athletic Department will be notified in the instance of a drug-related violation and are encouraged to immediately communicate with his/her coach in the event of an incident.
  • Sanctions involving removal from university housing or suspension from the university may require the completion of specific criteria subsequent to re-enrollment.

 

Federal Penalties and Sanctions for Illegal Trafficking and Possession of a Controlled Substance

For current and detailed information regarding Federal Drug Trafficking Penalties, please visit The U.S. Drug Enforcement Administration: http://www.justice.gov/dea/druginfo/ftp3.shtml

 

Michigan State Police Legal Update:

For current Michigan legal updates: www.michigan.gov/msp-legal

 

Risks Related to Alcohol and Other Drugs

Alcohol and other drug use can start out as casual or social use and progress into abuse and dependence. The abuse of alcohol and other drugs can diminish the personal attainment of intellectual, social, physical, and moral growth and development.

 

Health Risks Associated with the Use of Illicit Drugs and Alcohol

For current and detailed information regarding the Health Risks Associated with the Use of Illicit Drugs and Alcohol, please visit:

National Institute on Drug Abuse, http://www.nida.nih.gov/

National Institute on Alcohol Abuse and Alcoholism, http://www.niaaa.nih.gov

 

Campus Resources

  • Counseling Services, 112 Curtiss Hall, 989-964-7078
  • University Health Services, 2970 Pierce Road, 989-583-0285
  • University Police, South Campus Complex A, 989-964-4141
  • Residential Life, 114 Curtiss Hall, 989-964-4410
  • Student Conduct Programs, 114 Curtiss Hall, 989-964-2220

 

Community Resources

Bay County

  • Access Alliance of MI, 800-448-5498
  • Alcoholics Anonymous 24-Hour Help Line, 989-894-1949

 Midland County

  •  Access Center, 800-686-0749
  • Alcoholics Anonymous 24-Hour Help Line, 989-698-2975
  • Alcoholics Anonymous Website, www.midlandaa.org

Saginaw County

  • Saginaw County Substance Abuse Treatment & Prevention Services, 800-233-0022
  • Alcoholics Anonymous 24-Hour Help Line, 989-776-1241
  • Alcoholics Anonymous Website, www.saginawaa.org
  • Narcotics Anonymous 24-Hour Help Line, 989-698-2977
  • Narcotics Anonymous Website, www.michigan-na.org/saginaw/

Tuscola County

  • Access Alliance of MI, 800-448-5498

Alcoholics Anonymous Website, www.tauc.us