Middlebury's Position

Middlebury College is deeply concerned about illegal drug use and alcohol abuse in our society and in our community. The College regards illegal drug use and alcohol abuse as a problem which can affect the entire College community. It is important that you as a member of the Middlebury community to be aware of the College drug and alcohol policy as well as pertinent State and Federal laws. It is also important that all members of our community know where help is available for those who need it.

 

Drug Laws

There are a number of State and Federal laws prohibiting the possession, use, sale, and distribution of illicit drugs such as marijuana, cocaine, L.S.D., crack, heroin, etc. Legal sanctions for conviction include: required community service, significant fines, and lengthy imprisonment. For example, in the State of Vermont, a first time offense for the possession of less than two ounces of marijuana carries a penalty of up to a $500 fine and six months' imprisonment; the unlawful sale of less than one-half ounce of marijuana carries a penalty of up to a $10,000 fine and two years of imprisonment. The unlawful possession of cocaine in the amount of less than 2.5 grams carries a penalty of up to a $2,000 fine and one year imprisonment. The distribution of cocaine in an amount less than 2.5 grams can result in a penalty of $75,000 fine and 3 years' imprisonment.*

(*See appendix for more information regarding State and Federal sanctions.)

It is important to note that because of new Federal regulations, if you are prosecuted and found guilty of a drug charge, your Federal Aid grants may be jeopardized. In addition, a felony conviction from a drug charge will prohibit entry into some professions.

 

What About Alcohol?

Alcohol is a drug and for many in our community it is an illegal drug. It is illegal in the State of Vermont for people under the age of 21 years to possess or drink alcoholic beverages. It is also illegal to misrepresent one's age in order to obtain alcoholic beverages, and to supply or sell alcoholic beverages to someone under the age of 21 years. The following are pertinent Vermont laws pertaining to alcohol:

DWI

23 VS 1201 (a) (1): A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway while there is .08 percent or more by weight of alcohol in his blood as shown by analysis of his breath or blood; or

(2): under the influence of intoxicating liquor; or

(3): under the influence of any other drug or the
combined influence of alcohol and any other drug to a degree which renders him incapable of driving safely.

PENALTY: 1st offense: 90 days loss of license; fined not less than $200 nor more than $750 or imprisoned not more than 2 years; or both.

Persons Under 18 Years; Alcohol Concentration of 0.02 or More

15 23 VSA 1216: A person under the age of l8 who operates, attempts to operate or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is .02 or more commits a civil traffic violation subject to the jurisdiction of the traffic bureau.

PENALTY: No fine or points are assessed for a violation of this section, rather the offender's license to operate is suspended until an alcohol and driving education program has been completed. A second offense requires alcohol screening and satisfactory completion of a therapy program. The person is also subject to recall of his provisional license for violation of this section.

Furnishing Alcohol to Minor(s)

7 VSA 658: A person who sells or furnishes a minor malt or vinous beverages or spirituous liquors shall be fined not less than $200 nor more than $1,000 or imprisoned not more than two years; or both.

Possession of Alcohol by Monir(s)/ Misrepresenting Age to Procure or Possess Liquor

7 VSA 657: A minor who falsely misrepresents his age for the purpose of procuring or who procures malt or vinous beverages or spirituous liquors from any licensee, state liquor agency, or other person or persons or who possesses malt vinous beverages or spirituous liquor for the purpose of consumption by himself or other minors, except in the regular performance of his duties as an employee of a licensee licensed to sell alcohol liquor, shall be fined not more than $500 or imprisoned not more than 30 days; or both.

Adult Identification Cards

7 VSA 669: Any person who misrepresents his age, or practices any deceit in the procurement of an adult identification card, or uses or exhibits for the purpose of obtaining alcoholic beverages the identification care of another person or one which has been forged or altered; any person who loans or transfers his identification card to another for use in procurement of alcoholic beverages shall be guilty of a misdemeanor and shall be fined $50, which fine shall not be suspended.

Issues of civil liability also arise if you serve alcoholic beverages to a minor or to a person who is apparently under the influence of an intoxicant. "You are liable" means "you are legally responsible". For example, if you supply alcoholic beverages to an underage person and then there is an accident, you may be held liable for damages. Where significant property destruction, serious injury, or death results, damages can amount to enormous monetary settlements.

Middlebury College Drug & Alcohol Policy

Middlebury College opposes the illegal possession, distribution, and consumption of alcohol and the possession, manufacture, distribution and use of illegal drugs. The College also opposes the possession and use of prescription drugs by persons for purposes other than those prescribed by a licensed physician. Drugs other than those prescribed by a licensed physician for legitimate health purposes may not be used or stored on College property.

Students of Middlebury College are subject to the College Drug and Alcohol Policy and rules and regulations while on College premises or College-related premises or when involved with off-campus college-sponsored events or off-campus events sponsored by registered college organizations. In assigning sanctions for violation of College policy, the circumstance surrounding the offense and the severity of the incident and any prior disciplinary history for the individuals involved will be taken into consideration.

The College campus is subject to Local, State, and Federal laws concerning the possession, use, distribution and manufacture of drugs including alcohol. Students must be aware of and abide by these laws or face the possibility of legal prosecution. Middlebury College opposes the use of illegal drugs and does not provide students with a haven from the law. The College will not inhibit the legal prosecution of any member of the College community who violates Local, State, or Federal law. Law enforcement officers, when in possession of the proper documents, have a legal right to search any and all buildings on the campus without prior notice. The College also reserves the right to furnish the police with information regarding illegal activities.

Disciplinary Response

At Middlebury College those students found selling, manufacturing, or in possession of drugs in amounts that indicate drug sales or distribution will face penalties ranging from suspension to expulsion from school. Students or organizations found illegally selling, manufacturing, or distributing alcohol will face disciplinary action up to and including expulsion. Those students using illegal drugs, or in possession of amounts which appear to constitute "personal use" will face penalties ranging from official warning to indefinite suspension. The illegal use of alcohol will result in penalties ranging from warning to indefinite suspension. Involvement with or dependency upon drugs or excessive or illegal use of alcohol will also be viewed by the College as a health concern as well as a disciplinary matter. In these cases a drug/alcohol assessment will be required at our Center for Counseling and Human Relations or with an off-campus specialist. In addition, in instances where a student's name occurs repeatedly in connection with a drug or alcohol problem, even though no concrete evidence or direct witness is involved, a Dean will contact the student and meet with him or her. In these instances:

1) students may be encouraged or required to undergo a drug/alcohol evaluation;

2) if applicable, a student's parents or guardian may be notified of concerns about a student's drug or alcohol problem. In disciplinary situations and the situations of concern mentioned above, a student may be required to withdraw from the College until successful resolution of the problem is documented to the satisfaction of the College.

Health Risks & Other Effects

The non-medical use of drugs and the abuse of alcohol is clearly antithetical to physical and mental development. Research and clinical observation indicate that drug and alcohol abuse can lead to a lack of motivation, lowered academic performance, antisocial behavior, and serious chemical dependency. Such abuse can be life-threatening. Even early on in an abuse pattern a drug, including alcohol, can place a person at risk for committing acts he/she would normally never do. For example, in the United States alcohol is linked to 1/3 of all suicides and 1/2 of all homicides, and approximately 50% of all convicted criminals report that they were under the influence of alcohol when they committed the crime. In addition, an estimated 60% of child and spousal abuse and 41% of assaults are drug-related. It is estimated that 75% of rapists and 55% of their victims were impaired due to drug-alcohol usage at the time of the rape.

Drug and alcohol consumption causes a number of marked changes in behavior and perception, which can place a person at increased risk for accident resulting in bodily harm.

In regard to alcohol consumption, even low dosages significantly impair the judgment and coordination required to drive a car safely or perform other tasks in a safe manner. For example, in the United States alcohol is linked to 1/2 of all automobile fatalities, 60% of motorcycle fatalities, 60% of all fatal falls and 70% of all drowning deaths. Moderate to high doses of alcohol causes marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other central nervous system depressants such as some seizure medication, antihistamines, sleeping pills, etc., much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol and other drugs can lead to chemical dependency. When dependency has occurred, sudden cessation of intake is likely to produce a variety of withdrawal symptoms including anxiety, irritability , insomnia, tremors,, hallucinations, convulsion, etc. Student withdrawal from some drugs, including alcohol, can be life-threatening.

Drug and alcohol use has significant effects on the body. The long-term consumption of drugs and/or alcohol will lead to a general deterioration of health. The following are just some of the serious physical consequences: heart disease and failure; liver disease including hepatitis and cirrhosis; gastrointestinal disorders; cancer of the lungs, pancreas, esophagus, stomach and mouth; respiratory disorders including pneumonia and chronic bronchitis; malnutrition; high blood pressure; impotence; agitation and high anxiety; depression; perforation of the nasal septum; brain damage.

Drug and/or alcohol use impairs judgment, reasoning, and communication. When judgment is impaired, students can be placed in a situation which can increase the risk of date rape and also the risk of contracting sexually transmitted diseases including the HIV virus which causes AIDS. Drug and alcohol use can also impair the functioning of the immune system which increases a person's susceptibility to contracting the AIDS virus if exposed.

Drug and/or alcohol use during pregnancy can cause severe birth defects including physical abnormalities, deafness, mental retardation, and malformed brains. In addition, many babies are born with addictions to substances their mothers use.

For more specific information regarding illicit and frequently abused prescription drugs, see the Appendix.

College Services: Information & Help

Students who are concerned about their own or a friend's use of alcohol or drugs are encouraged to seek assistance through Middlebury's Counseling and Human Relations Services or the Parton Health Center, both located in Carr Hall. Professional staff are available to provide care and treatment for individuals related to the use of alcohol and drugs. Bread Loaf students may also seek medical consultation through the Cornwall Clinic on the Bread Loaf campus. Members of the Counseling and Human Relations Services and Parton Health Center provide supportive counseling in addition to psychological and medical evaluations on a confidential basis. They help students to identify and understand the signs and behaviors associated with substance abuse, including usage patterns, motivations and negative consequences. They can also provide useful information for evaluating and confronting a friend about the use of alcohol and drugs. Also available is referral information about community resources including private counselors, self-help groups, and comprehensive treatment facilities. Services provided by the Health Center and Counseling Services are confidential. Emergency medical treatment can be provided by the Health Center or Porter Medical Center.

The Director of Health Education provides educational materials for individuals and programs for the College community that address the many issues surrounding alcohol and drugs. The Office of Health Education is also located in Carr Hall.

Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, and Adult Children of Alcoholics groups meet regularly in Middlebury and welcome student participation. A listing of meeting times and locations is available through the Office of Health Education, Parton Health Center and Center for Counseling and Human Relations.

Community Responsibility

Middlebury College believes that drug and alcohol problems affect our entire community and that each of us has a responsibility to help safeguard the community health by respecting College policy and intervening in situations of abuse. Any member of the College community having knowledge of the possession or use of illegal drugs by an individual on campus is urged to confront the person and encourage the individual who is using illegal drugs or abusing alcohol to seek counseling and/or medical assistance. All members of the community are asked to help protect the community health by informing appropriate College staff members of instances of drug dealing.