Drug Policy

DRUG POLICY

I.  Philosophy

Framingham State is concerned with the welfare of its students, faculty and staff and strives to maintain an environment conducive to teaching, learning and personal development. The University recognizes the negative effects illegal drugs and/or drug abuse can have on both the campus community and society at large. These effects may include, but are not limited to, health risks, threats to the safety and well-being of individuals, legal penalties, disruption to the learning environment, impediment to personal and academic growth, and damages to the reputation and public confidence in the University.

It is important, then, that all members of the University community reflect upon their personal responsibilities and act to assist others through timely intervention, reporting and/or referral to appropriate sources of treatment and/or support.

II.  Policy

This policy is intended to accomplish the following goals:

• Promote a healthy and safe learning environment by stating clear standards of conduct and minimum University sanctions that will be imposed for violation of this policy.
• Describe applicable legal sanctions under state, local and federal law.
• Describe health risks and available education and prevention services, referral services, and counseling, treatment and support services.

A.  Code of Conduct Regulations

• The use, possession, sale, distribution, or manufacturing of any illegal drug is prohibited.
• The illegal or unauthorized possession, sale, use and/or abuse of any prescription or non-prescription drug is prohibited.
• Possession or use of drug-related paraphernalia is prohibited. In determining if an object is drug-related paraphernalia relevant factors will be considered including, but not limited to, evidence of the object’s use, the object’s primarily intended use, the object’s designed use, the existence of residue of controlled substances on the object, descriptive materials related to the object and the proximity of the object to behavior in violation of the Drug policy.

B.  Response Procedure

• If a member of the community suspects violation of the University Drug policy, the matter should be reported to the Framingham State Police Department. Residence hall incidents may additionally be reported to the Area Director.
• Incidents with students involving alleged violation of the University Drug policy will be resolved in accordance with the Student Code of Conduct. A student charged with violation of the Drug policy may be placed on interim separation from the University and/or interim separation from University residence halls pending the outcome of Community Standards proceedings.

C.  Minimum Sanctions for Violation of the Drug Policy

Violations of the Drug policy are considered cumulative at Framingham State University. Accordingly, sanctions for such violations will be imposed through a student’s career at the University and not per academic year. As a reminder, sanctions listed below are typical minimums and additional sanctions may be imposed where deemed appropriate by the Dean of Students or designee.

Marijuana under one (1) ounce: Framingham State has created a sanctioning policy specifically for marijuana use and/or possession under one (1) ounce and differentiates prescribed minimum sanctions for marijuana violations based upon the severity of the associated behavior and whether the violation featured either (a) Minimal Disruption or (b) Significant Disruption. Minimal Disruption is defined as the absence of violations which compound the egregiousness of the behavior (e.g. violence, harassment, disorderly behavior, destruction/defacement of property, etc.). Presence of any such factors may constitute Significant Disruption.

First Violation Minimum Sanctions:
1. First Violation – Minimal Disruption

a. Successfully complete the Drug Education & Assessment Program with Wellness Education. This program will require an online component and one (1) meeting with Wellness Education.

b. One (1) calendar year of Disciplinary Warning.

c. Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

d. Participation in one (1) Alcohol & Marijuana Education Workshop offered by Wellness Education.

2. First Violation – Significant Disruption

a. All sanctions listed above for a first violation for marijuana with minimal disruption.

b. Restriction from all residence halls for two (2) consecutive weekend periods (Friday at 6:00 PM through Sunday at 6:00 PM). Resident students will lose residency and access to residence halls for this period without refund of housing charges.

Second Violation Minimum Sanctions:

1. Second Violation –Minimal Disruption

a. Restriction from all residence halls for one (1) full week, including weekdays. Resident students will lose residency and access to residence halls for this period without refund of housing charges.

b. Required Substance Abuse Assessment by a substance abuse therapist approved by the Dean of Students or designee. Sanctioned students will be required to adhere to all written recommendations from this assessment.

c. Disciplinary Probation that replaces the remainder of any Disciplinary Warning, plus one (1) additional calendar year of Disciplinary Probation. For students already on Disciplinary Probation at the time of sanctioning, the period of Probation may be extended.

d. Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

2. Second Violation – Significant Disruption

a. All sanctions listed above for a second violation for marijuana with minimal disruption, with the following change:

i. Restriction from all residence halls is extended to two (2) full weeks, including weekdays. Resident students will lose residency and access to residence halls for this period without refund of housing charges.

Third Violation Minimum Sanctions:

1. Third Violation

a. Suspension from the University for a period of not less than sixteen (16) weeks.

b. Required Substance Abuse Assessment, evaluation and treatment plan with a substance abuse therapist approved by the Dean of Students, or designee, required to be eligible for readmission to the University.

c. Parent/guardian notification at the discretion of the Dean of Students, or designee, for students under 21 years of age at the time of notification.

Sanctioning for Marijuana Use in a Residence Hall:

Violations of this policy which are accompanied by violation of residence hall fire safety policies may be assigned additional and/or more severe sanctions due to the significant risk posed to the community. First-time violations of this kind may be assigned sanctions including, but not limited to, Disciplinary Probation and/or Residence Hall Dismissal Held in Abeyance in addition to typical minimum sanctions.

Policy Note:  The term “marijuana” is used throughout the University’s policies to remain consistent with state and federal laws.  The University recognizes the racist history associated with the term marijuana and will continually evaluate the term’s inclusion in policy as legal standards evolve.

Other Drug Violations

A student found responsible for other violations of the University Drug policy, except for violation related to selling, distributing or manufacturing, will be subject to the following mandatory minimal sanctions

First Violation

1. Five (5) week restriction from all residence halls. Resident students will lose residency and access to residence halls for this period without refund of housing charges. Commuter students will be restricted from visiting any residence hall during this period and will be additionally required to complete 15 community service hours or an equivalent assignment.
2. Required successful completion of the drug educational intervention series with a member of the Wellness Education Office and/or designee.
3. Restitution for the drug educational intervention series, not to exceed $100, and payable prior to completion of the sanction.
4. Five (5) week minimum restriction from participation, on or off campus, in varsity or club sport athletic contests, performances or exhibits on campus or at University sponsored events,
   participation in official leadership roles in student or residence hall organizations and campus governance committees.
   The restriction will continue until the required drug education intervention series has been completed. In no case will the restriction be less than two weeks in duration.
5. Two (2) calendar years of Disciplinary Probation and one (1) calendar year of Residential Review.
6. Parental/guardian notification at the discretion of the Dean of Students, or designee, for policy violations involving a controlled substance by a student who is under 21 years of age at the time of parent/guardian notification.

Second Violation

1. Sixteen (16)-week Suspension from the University.
2. Required substance abuse assessment, evaluation and treatment plan with a substance abuse therapist approved by the Dean of Students or designee required to be eligible for re-admittance to the University.
3. Parental/guardian notification at the discretion of the Dean of Students, or designee, for policy violations involving a controlled substance by a student who is under 21 at the time of parent/guardian notification.

Third Violation

1. Expulsion.
2. Parental/guardian notification at the discretion of the Dean of Students, or designee, for policy violations involving a controlled substance by a student who is under 21 years of age at the time of parent/guardian notification.

Selling, Distributing, or Manufacturing of illegal drugs or controlled substances:

1st offense:

1. Expulsion.
2. Parental/guardian notification at the discretion of the Dean of Students, or designee, for policy violations involving a controlled substance by a student who is under 21 at the time of parent/guardian notification.

III. State and Federal Sanctions

A. Federal Student Financial Aid Penalties for Drug Law Violations

1. A conviction for any offense under any federal or state law involving the possession or sale of illegal drugs, during a period of enrollment for which the student was receiving Title IV, HEA program funds, will result in the loss of eligibility for any Title IV, HEA grant, loan, or work-study assistance (HEA Sec. 484(r)(1)); (20 U.S.C. 1091(r)(1)).
2. Students with a drug conviction for an offense that occurred while receiving Federal Student Financial Aid, should contact the Financial Aid Office (508-626-4534) to determine if the conviction affects eligibility or aid.

B. State and Federal Drug Law Penalties

1. The following chart outlines Massachusetts penalties/sanctions for violation of drug laws. Additional information on state drug enforcement can be found on the Massachusetts Office of Health and Human Services website.

DRUG CLASS and PENALTY

DRUG CLASS	PENALTY
A	Imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and a half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.
B	Imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and a half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or by both such fine and imprisonment.
C	Imprisonment in the state prison for not more than five years, or in a jail or house of correction for not more than two and a half years, or by a fine of not less than five hundred nor more than five thousand dollars, or by both such fine and imprisonment.
D	Imprisonment in a jail or house of correction for not more than two years, or by a fine of not less than five hundred nor more than five thousand dollars, or both such fine and imprisonment.
E	Imprisonment in a jail or house of correction for not more than nine months, or by a fine of not less than two hundred and fifty nor more than two thousand and five hundred dollars, or both such fine and imprisonment

 

If you have a drug conviction for an offense that occurred while you were receiving Federal Student Financial Aid, please contact the Financial Aid Office to determine if your conviction affects your eligibility for aid.

2. Under the Federal Controlled Substances Act an individual with a first conviction for simple possession may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000  for simple possession. Penalties become more severe for offenses beyond a first conviction or for violations other than simple possession. Additional information on the Controlled Substances Act and associated penalties can be found on the U.S. Drug Enforcement Administration web site. Federal penalties for drug trafficking can also be found on this site.

IV.  If You Need Assistance

Additional information about drug related  issues and associated health risks is available from several sources. The following departments offer, or can provide referrals to education, prevention, counseling, treatment and support services:

1. FSU Counseling Center, 508-626-4640
2. Health Center, 508-626-4900