Middlebury's Drug And Alcohol Abuse Prevention Program (DAAPP)

To Members of the Middlebury College Community:

The Drug-Free Schools and Communities Act of 1989 requires that Middlebury College (“Middlebury”) annually notify all students, faculty, and staff of the following:

Middlebury’s standards of conduct, which prohibit the unlawful possession, use, or distribution of illegal drugs and alcohol by students and employees on Middlebury property or in connection with any activities or programs sponsored by Middlebury.
A description of Middlebury’s disciplinary sanctions that will be imposed on students and employees for the unlawful possession, use, or distribution of illegal drugs and alcohol, up to and including expulsion or termination of employment.
A description of applicable sanctions under federal, state, and local law for the unlawful possession, use, or distribution of illegal drugs and alcohol.
A description of the health risks associated with the use of illegal drugs and the abuse of alcohol.
A description of any drug or alcohol counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students.

This page serves as Middlebury’s Drug And Alcohol Abuse Prevention Program (DAAPP)

Middlebury’s Alcohol and Drug Policies

Introduction

Middlebury is committed to promoting individual and community health, safety, and responsibility, and ensuring a productive learning and work environment for all individuals. We require all students and employees to observe local, state, and federal laws governing the possession, use, and furnishing of alcoholic beverages, tobacco and controlled substances, also referred to as illegal drugs, and failure to do so is prohibited. We are also committed to ensuring that, in accordance with the Drug-Free Schools and Community Act of 1989 and the Drug-Free Schools and Campuses Regulations, our policies concerning alcohol, tobacco and drugs contain clear statements about: (1) the standards of conduct prohibiting the unlawful possession, use, or distribution of tobacco, illegal drugs and alcohol by students and employees; (2) that Middlebury will impose disciplinary sanctions on students and employees who violate these policies (consistent with local, state, and federal law), which may include demotion, suspension, expulsion, and dismissal; (3) the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of tobacco, illegal drugs and alcohol, including criminal prosecution; and (4) health risks and information regarding tobacco, drug or alcohol counseling, treatment or rehabilitation, or reentry programs that are available to students and employees. When tobacco, drug, or alcohol violations occur, disciplinary sanctions will be imposed in accordance with this policy. Serious incidents that put a student, employee, or others at risk of harm, as well as repeated offenses, may require a more vigorous response, including referral to counseling or a treatment facility, a leave of absence, and/or other disciplinary outcomes as appropriate.

Therefore, Middlebury will:

a. Inform students and employees of federal, state, and local laws, and Middlebury policies, to which they are accountable, and hold them accountable to those policies under Middlebury’s governance;

b. Encourage an environment of enriching extracurricular and social opportunities that includes substance-free events and appropriate venues for students of legal age who choose to drink;

c. Educate members of the community through academic and student life programs and policies, and employee benefits and policies, about the health risks associated with tobacco, alcohol and drug abuse, and refer students and employees to resources and health services such as tobacco, drug or alcohol counseling, treatment or rehabilitation, or re-entry programs that are available to students and employees, as applicable.

Middlebury Policies and Local, State, and Federal Law

All students, employees, and visitors are subject to local, state, and federal laws, as well as Middlebury tobacco, drug and alcohol policy rules and regulations, while on Middlebury-owned or -leased properties or involved with off-campus activities sponsored by Middlebury or a registered Middlebury organization. For employees, the workplace is defined as any time when one’s capacity as an employee starts and stops. Middlebury policies must be followed regardless of location or format when acting in your capacity as an employee. Middlebury does not protect students or employees from prosecution for tobacco, drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities. Law enforcement officers may have a legal right to search individuals, and with consent or proper documentation may search property—including residences owned or leased by Middlebury —without prior notice. Middlebury also reserves the right to furnish the police with information regarding alleged illegal activities.

Middlebury College Specific to Students: In order to preserve the safety of our residents, the state of Vermont and the College both adhere to policies that limit disciplinary consequences under certain circumstances when appropriate care is sought for individuals in drug- or alcohol-related distress. Please see the Medical Amnesty Policy below for more information. Additionally, if student health and safety concerns resulting from a student’s use of alcohol and/or drugs arise, parents or guardians may be notified. See Health and Community Responsibility below for more information.

Alcohol

The following actions are prohibited:

a. Underage drinking. Only persons of legal age (21 or older in the United States, and as defined by the laws of a foreign host country) may possess or consume alcoholic beverages. Legal proof of age, such as a valid driver’s license, state-issued liquor identification card, or passport may be required.

b. Purchasing, serving, or furnishing alcohol for/to a minor.

c. Selling, manufacturing, or distributing alcohol illegally.

d. Possession, production, or provision of false ID.

e. Operating a motor vehicle while under the influence of alcohol or other drugs. Driving on or off campus under the influence of drugs or alcohol is prohibited. Fines are assessed, and driving privileges on campus will be suspended. Students who are charged by law enforcement officers with Driving Under the Influence (DUI) and are awaiting the court outcome shall have their campus driving privileges suspended pending the court disposition. In those incidents where the DUI involves an accident with injuries to others, or other exceptional factors, immediate disciplinary action may take place.

f. Bringing alcohol to a Middlebury event, or leaving a Middlebury event with alcoholic beverages provided at the event without approval.

g. Possessing alcoholic beverages in unauthorized spaces. Open containers of alcohol are prohibited in public spaces, or outside on the campus grounds, unless the area has been designated for a registered or catered event.

h. Engaging in drinking games and other behaviors designed for the purpose of becoming intoxicated through the abusive use of alcohol (e.g., funnels, keg stands, “around-the-world” parties, and other alcohol consumption based on speed and/or volume, etc.).

i. Possessing drinking game paraphernalia (e.g., funnels, pong tables, etc.)

j. Administering alcohol to individuals against their will and/or without their knowledge.

k. Unsafe intoxication. Students who are deemed by College officials to be intoxicated at an unsafe level, regardless of age, will be charged with unsafe intoxication when appropriate.

l. Middlebury College Specific to Students: The following actions are specifically prohibited at Middlebury College:

No possession of alcohol in first-year residence halls.
No possession of kegs or common containers. Possession by students of kegs or common containers (e.g., punch bowls) without advance party registration through Student Activities Office is prohibited. Unauthorized kegs or common containers will be confiscated, along with taps, and the Department of Public Safety will return confiscated kegs and taps to the vendor.
Multiple instances involving unsafe intoxication, and single or multiple instances involving alcohol/drug-related transport to the hospital and/or to detoxification facilities may also result in disciplinary action, consistent with the Medical Amnesty Policy (below).
Violating party regulations. Party regulations can be accessed through the Student Activities Office. Small, informal gatherings held in individual rooms, suites, and small houses occupied by students of legal age, at which alcoholic beverages are consumed, do not have to be registered. Residents of the living space will be treated as “party hosts,” and held responsible for the actions of individuals in attendance. Students are responsible for unregistered gatherings and related activities that occur in their rooms, whether or not they are present.
The use of hallways for parties is prohibited.

Drugs

The following actions are prohibited:

a. Using or possessing illegal drugs or controlled substances, including but not limited to prescription medication without a properly issued prescription, psychedelic substances such as mushrooms, LSD, etc. This also includes cannabis (marijuana) and medical cannabis prescriptions because it is still considered an illegal drug under federal law.

b. Misuse of legal substances to cause impairment/hallucination.

c. Possession of drug paraphernalia.

d. Growing, manufacturing, distributing, or selling illegal drugs or controlled substances, including prescription drugs, on Middlebury property, with or without the intent to distribute.

e. Administering drugs to individuals against their will and/or without their knowledge.

f. Unsafe consumption and/or impairment.

Tobacco

The following actions are prohibited:

a. Underage use of tobacco. Only persons of legal age (21 or older in Vermont, and as defined by the laws of a foreign host country) may possess or consume tobacco, tobacco products, tobacco substitutes, or tobacco paraphernalia including e-cigarettes. Legal proof of age, such as a valid driver’s license, state-issued liquor identification card, or passport may be required.

b. Purchasing, serving, or furnishing tobacco, tobacco substitutes, or tobacco paraphernalia for/to a minor.

c. Selling, manufacturing, or distributing tobacco, tobacco substitutes, or tobacco paraphernalia illegally.

d. Possession, production, or provision of false ID.

e. Administering tobacco, tobacco substitutes, or tobacco paraphernalia to individuals against their will and/or without their knowledge.

f. Unsafe consumption and/or impairment.

No Smoking Policy

The purpose of this policy is to promote the well-being of all faculty, staff, students, employees, and visitors to Middlebury by protecting our clean air. Middlebury complies with all fire and safety codes, as well as applicable state laws governing tobacco use in public areas. Both California and Vermont law ban smoking in most public places.

Smoking, including e-cigarette use, is prohibited in all Middlebury buildings and any part of a building structure such as porches, decks or balconies. This includes all residence halls and small houses occupied by students, as well as all indoor areas of Middlebury workplaces.

Smoking shall not take place within 25 feet of areas where smoke is likely to enter buildings. This includes building entranceways, near open windows, and especially near building air intakes. Additionally, in areas where there is a high frequency of problematic smoking, signs will be placed to remind community members not to smoke in that area. An annual reminder will be sent out at the beginning of the academic year and during summer programs to help to educate the community about these concerns.

Failure to observe this policy will be treated as a fire safety violation and may result in discipline and/or fines as appropriate.

Disciplinary Sanctions: Students

B.2.d. Student Conduct Process

VI. Sanctions

Middlebury College’s sanctions are generally described in Section B. 2. e. of the Handbook and the information below is specific to conduct matters addressed under this process.

a. Sanctioning Philosophy: When assigning a sanction, mitigating factors such as apparent motivation of behavior or a student’s response to the process may be considered. Additionally, since conduct is cumulative at Middlebury, disciplinary history may be a factor in sanctioning. To the extent possible, sanctions will balance the principles of consistency and equity.

b. Sanctions are ordinarily issued by the Office of Community Standards. However, Middlebury officials including the VPSA, DOS, Deans, and RDs may issue sanctions when they determine that Middlebury student life policies have been violated. These officials, and the Office of Community Standards, may also issue restrictions on Middlebury privileges, such as housing lottery participation or guest privileges, and assign educational sanctions such as research or reparative community service, as appropriate. Students may appeal the issuance of official College discipline by Deans and RDs; they may not appeal unofficial sanctions, such as warnings, reprimands and probationary status.

c. Plagiarism, cheating, or any other violation of the Undergraduate Honor System or Academic Honesty Policy is normally punishable by an academic penalty and a sanction ranging from a reprimand to expulsion from the College. Typically, academic penalties may include, but are not limited to, a grade reduction in the assignment, a 0 or F on the assignment, a grade reduction in the course, or a 0 or F in the course.

d. Upon written request, the outcome of any disciplinary proceedings involving a crime of violence will be shared with the victim, or next of kin

Responses to Alcohol, Tobacco and Other Drugs Policy Violations

Student wellness and overall health inform the College’s responses to the use of alcohol, tobacco and other drugs. As such, the primary goal of the conduct system is to educate and engage students by providing information, tools, and space for facilitated reflection. The College utilizes evidence-based educational opportunities to support informed decision-making regarding students’ personal and academic success, as informed by Middlebury’s Community Standards, listed below.

Cultivating respect and responsibility for self, others, and our shared environment;
Encouraging personal and intellectual courage and growth;
Manifesting integrity and honesty in all decisions and actions;
Promoting healthy, safe, and balanced lifestyles; and
Fostering a diverse and inclusive community committed to civility, open-mindedness and finding common ground.

To address concerning behaviors, students will complete an educational sanction designed to help them understand the effects of alcohol, tobacco and other drugs on their mind, body and community, and to reflect on their individual goals and values. Failure to complete educational sanctions will result in an additional charge of failure to engage and may affect the student’s current or future standing at Middlebury. Repeated documented incidents will result in a probationary period for students. Once a student has exhausted the educational interventions available to them through Middlebury, or refuses to engage in educational intervention methods, the student will, in effect, jeopardize their ability to remain a student at Middlebury and will likely face discipline up to and including suspension or expulsion.

Sanctions for Students in the Undergraduate Program at Middlebury’s Vermont Campus

Educational and/or preventative responses such as a group class, online course, individual meeting, substance use assessment, referral to support resources, or other appropriate course of action will be required of students found responsible for violating the Alcohol, Tobacco and Other Drugs Policy. Educational sanctions are assigned with the following important caveats:

1. Where more than one policy has been violated in an incident, or the student has a prior history of conduct violations, students may expect more severe outcomes.

2. Outcomes may vary depending on the nature, severity, and impact, actual or potential, of the policy violation(s) and the student’s conduct and health history.

3. The range of possible disciplinary sanctions, in addition to educational sanctions, is set forth and defined in the General Disciplinary Processes under “Sanctions” and, depending on the severity of the conduct, may also include referral for prosecution (as determined by the state’s attorney or other appropriate officials) and/or the completion of an appropriate rehabilitation program. Disciplinary sanctions may be assigned to students in addition to educational sanctions.

From the Middlebury Handbook, specific to undergraduate program:

B.2.e. Sanctions

When determining a sanction, the nature and severity of the violation and the impact to individuals or community will be taken into account as well as the disciplinary history of the student. While intent is not a factor in determining responsibility, it can be a factor in determining a sanction. A student’s compliance with the process may also be a factor in determining an appropriate sanction. Finally, balancing consistency by acknowledging precedent and equity by considering the impact of the sanction on the individual is a foundational tenet of sanctioning.

a. Sanctions may only be imposed for the specific charge of which the student has been notified in writing.

b. It is important to note that discipline is cumulative at Middlebury, and further infractions, for example, following the successful conclusion of a probationary period, may still result in more severe outcomes.

c. Middlebury College Sanctions include (but are not limited to):

i. Informal College discipline: The following sanctions are informal College discipline and not part of the student’s permanent record. Students who receive these sanctions can answer negatively if they are asked if they have been subject to official College discipline. A record of the sanction remains in a student’s file until graduation, when it is removed. These sanctions are taken into account in determining future disciplinary penalties and may serve to make further violations of Middlebury policies more serious.

Fines or restitution: Fines or restitution are commensurate with the nature of the offense. The monetary cost of the harm done may be taken into account in assessment of a fine or an order of restitution.
Warnings: A verbal or written warning may be issued when a student has violated Middlebury College policy. A warning is intended to educate the student about community standards, Middlebury policies and/or state laws, and the need to adhere to them.
Reprimands: A letter of reprimand may be issued when a student demonstrates an inability or unwillingness to abide by community standards by repeatedly violating Middlebury policy. A letter of reprimand may also be issued when a student has committed a violation of College policy that has had or may have had a negative impact on an individual or on the community, or has undermined Middlebury’s community standards. A reprimand registers strongly the College’s concern regarding the student’s actions and its firm expectations for immediate improved behavior. Parents or guardians are informed when students are reprimanded.
Probationary Status: Students may be placed on probationary status when the number or nature of their Middlebury policy violation(s) is sufficiently concerning that an additional policy violation will most likely result in official College discipline (please see below). Probationary status provides students with an opportunity to avoid this outcome. They may do so by demonstrating improved conduct, generally reflected in their sustained ability to respect community standards and adhere to College policies. If students commit new policy violations while on probation, an appropriate course of action will be determined. Considerations may include the gravity and impact of the new infraction; the student’s response during and following the new infraction; and the student’s progress during the probationary period. Parents or guardians are informed when students are placed on probationary status.

ii. Official College Discipline: Official College discipline is intended to encourage immediate improved behavior, and acceptance of responsibility and growth by establishing this incident on the student’s permanent record. Students who receive official College discipline must answer affirmatively if they are asked whether they have been subject to discipline. Parents or guardians are informed when students receive official College discipline.

Academic Probation: Academic probation is a sanction for academic integrity violations and extends for the rest of the student’s College career. A student found guilty of academic dishonesty while on academic probation will be suspended. Parents or guardians are informed when students are placed on disciplinary academic probation.
Letter of Official College Discipline: Students may receive a letter of official College discipline when their actions have demonstrated disregard for Middlebury’s community standards and policies such that an additional infraction of College policy will most likely result in suspension from Middlebury.
Suspension: Suspension is issued when a student commits a serious policy violation, or repeatedly violates College policy, thereby demonstrating an inability or unwillingness to behave in a manner consistent with Middlebury’s community standards. The behavior is sufficiently egregious that the student is required to leave the Middlebury community for a period of time. It is intended to encourage acceptance of responsibility and growth by establishing this incident on the student’s permanent record; to provide the student with an opportunity to consider and address the problematic behavior; and to develop strategies to ensure that the student’s eventual return to Middlebury will be successful for the student and for the community.

Suspension is ordinarily imposed for a minimum of a semester and a maximum of three semesters. In determining the length of suspension, the Office of Community Standards will consider the student’s prior conduct history; the gravity of the violation and its impact on the community; and the need for sufficient time for the student to demonstrate that the concerning behavior has been satisfactorily addressed. When the Office of Community Standards feels that suspension for three semesters is insufficient to allow for a student’s successful return to the community, expulsion will be the normal outcome, barring exceptional circumstances.

If a student has been found guilty of academic dishonesty and the suspension does not take effect until the end of the semester, no opportunity may be granted to make up or otherwise fulfill the requirements of the course in question, although the student may complete all other courses in which he or she is concurrently enrolled. In this case, the course grade will be recorded as an F. A student suspended for academic dishonesty normally may not transfer to Middlebury course credits earned at other institutions during the period of suspension. However, this part of the sanction may be modified if compelling reasons warrant such action.

Students who are suspended must apply for readmission through the Administration Committee, and must demonstrate readiness to return to Middlebury. Readiness to return is determined by a student’s adherence to the terms of the sanction and the deadlines of the readmission process; by the completion of any additional conditions that may have been established at the time of the student’s departure; and by the provision of satisfactory evidence that the problematic behavior will not recur. If a student is unable to demonstrate readiness to return at the stated conclusion of the period of suspension, the Administration Committee may deny readmission until it is satisfied that the conditions that led to the student’s departure have been appropriately addressed.

Students who are suspended must leave campus; are restricted from all Middlebury owned or rented properties; and are prohibited from participating in all Middlebury activities or programs, from Middlebury employment, and from using Middlebury facilities during the stated period of the suspension. When suspension prohibits students from completing a semester they have already begun, the comprehensive fee for that semester is not refunded. Parents or guardians are informed when students are suspended. For international students, suspension may affect immigration status; related questions may be directed to the Office of International Student and Scholar Services.
Expulsion: For particularly serious offenses, students may be permanently dismissed from Middlebury. Please see Appeals Procedure below for more information. In cases of expulsion from Middlebury, no refund of the comprehensive fee is made. Parents or guardians are informed when students are expelled.

Sanctions for Students at Middlebury’s Language Schools, Schools Abroad, Bread Loaf, School of the Environment and MiddCORE Summer Programs
Disciplinary sanctions for students enrolled in Middlebury programs other than the undergraduate program (e.g., Language Schools, Schools Abroad, Bread Loaf School of English, MiddCORE Summer program) will be issued in accordance with the disciplinary procedures applicable to the program in which the student is enrolled at the time of the incident. Sanctions may include warnings, reprimands, probationary status, a letter of official college discipline, suspension or expulsion (see also Sanctions). The disciplinary officials in those programs may, in their discretion, issue sanctions in accordance with the general outline of expected outcomes in the Sanctions chart referenced above (including educational outcomes).

From the handbook, specific to Language Schools:

Language Schools Disciplinary Process

This section describes the disciplinary process that is normally followed when violations of Middlebury policies are alleged. Where other Middlebury policies specify separate processes, those processes will apply. See, e.g., the Non-Discrimination Policies and the Hazing Policy. Moreover, where applicable laws where the program takes place mandate different procedures or policies, those procedures or policies will apply.

Since Middlebury lacks full judicial authority, such as the power to subpoena or place witnesses under oath, a student’s rights cannot be coextensive with or identical to the rights afforded someone accused in a civil or criminal legal proceeding. However, the procedures outlined below and in the Non-Discrimination Policies and Hazing Policy are designed to provide fundamental fairness and to protect students from arbitrary or capricious disciplinary action. All judicial affairs officers, human relations officers, deans, directors, and other Middlebury disciplinary authorities shall conduct their proceedings in the spirit of these principles. If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.

Students found to have violated Middlebury policy may be subject to the full range of disciplinary actions, as applicable, up to and including expulsion from any Language School program or other Middlebury program.

Alleged policy violations should be reported to the dean of Language Schools. The dean or designee (hereinafter referred to as “the dean”) is ordinarily responsible for disciplinary action.

Except in cases of emergency suspension, withdrawal or expulsion as described above, the following disciplinary process will apply.

In the event that a complaint or report of an alleged policy violation is made against a Language School student, the accused student will be given notice of the alleged violation and an opportunity to respond to the allegations prior to any determination or disciplinary action. The notice may be given orally or in writing. The “opportunity to respond” means that the student will be given an opportunity to meet and/or communicate with the administrator responsible for adjudication.

The dean will then make a determination, based on a preponderance of the evidence, as to whether the student violated the policy at issue. Formal rules of evidence do not apply in Middlebury conduct proceedings. If a student is found responsible for a policy violation, the dean shall determine what disciplinary or other action should be taken, if any. If the dean determines that the circumstances do not warrant immediate expulsion from the program, the adjudicating official may take other action, including the issuance of warnings, reprimands, probationary status, official College discipline, or suspension from the program. The dean may also assign non-disciplinary action as appropriate, including the issuance of No Contact Orders, room changes, class changes, or other actions as needed. Disciplinary action may be accompanied by notification to the student’s undergraduate or graduate institution (or any other program in which the student is involved) and to the parents of dependent students.

For non-academic misconduct

Potential violations of Middlebury-wide, Language School, or General Conduct policies should be reported to the dean of the Language Schools, or designee. For conduct that is unlikely to result in removal or a status change for a student, cases will be assigned to the director of individual language schools for resolution. Sanctions may range from educational sanctions to punitive sanctions to include warnings, reprimands, and probation. For conduct that may result in removal or a status change, the situation will be investigated by Public Safety if necessary and the dean or designee will be responsible for adjudicating the case through an administrative hearing process to determine if there is a policy violation and if so, assign an appropriate sanction up to and including expulsion. At any point in the process the dean or designee may reach out to Community Standards for consultation and support. For Middlebury Undergraduate students, suspension or expulsion may carry forward into the undergraduate academic year.

For academic misconduct

Potential violations of Academic Integrity policy should be reported to the director of the individual language school who will notify the dean upon receipt. Directors will be responsible for gathering evidence and materials from the reporting faculty and have an initial meeting with the student to share the concerns. Directors will then share the materials with the dean, or designee for adjudication. At any point in the process directors may reach out to Community Standards for consultation and support. The dean or designee will be responsible for adjudicating the case through an administrative hearing process to determine if there is a policy violation and if so, assign an appropriate sanction up to and including expulsion.

In cases that result in suspension or expulsion, the student may appeal the decision to the Provost, or available academic officer, within three (3) business days of issuance of the determination. Appeals may be granted on the bases of one or more of the following grounds:

Discovery of significant new factual material not available at the time to the dean of the original hearing that could have affected the original result; however, prior omission of factual information that the student knew or should reasonably have known about is not grounds for an appeal;
Procedural error where the error prevented fundamental fairness;
Extreme mitigating circumstances.

The student must submit evidence and/or arguments they believe support any of the three grounds for appeal listed above, and their explanation of the evidence or arguments. The Provost, or available academic administrator may deny the appeal, or if one or more of the appeal grounds have been met, may:

return the case to the dean or designee for reconsideration; or,
appoint an alternate disciplinary authority, as appropriate, to review the case.

Absent extenuating circumstances, the provost will notify the student of the appeal decision within five business days of the appeal receipt deadline. This deadline may be extended if warranted by the circumstances, in which case the student will be notified at the time the extension is determined.

The decision is made by the Provost to grant or deny the appeal. Should an appeal be granted, the subsequent determination and/or sanction is/are final.

For the purposes of appeals, the Provost will be used as the appellate authority. However, given the nature of Language Schools and the timing of programs, an appropriate academic administrator may serve as the appellate authority depending on availability.

From the handbook, specific to Schools Abroad:

A.3. Policy Violations and Disciplinary Process

This section describes the disciplinary process that is normally followed when a student participating in a Middlebury Schools Abroad program allegedly engages in conduct that violates a Middlebury policy or policies. Where other Middlebury policies specify separate processes, those processes will apply. (See, e.g., Middlebury’s Non-Discrimination Policy and Middlebury’s Policy Against Hazing). Moreover, where applicable law or the local university where the program takes place mandate different procedures or policies, those procedures or policies will apply.

All Schools Abroad students will be held accountable for policy violations of the basic behavioral policies in this handbook, the Middlebury Handbook and of those policies defined herein, as well as violations of the host university’s policies and rules (as applicable), which take place between the first day of orientation for the School Abroad program and the completion of the program. Conduct that occurs at or in connection with a School Abroad-related event, or occurs off-site but violates the law or may represent a threat to the safety of the School Abroad community or its members, the pursuit of the program’s objectives, and/or the educational environment of others, may be subject to the disciplinary process. This includes violation of any of the below policies, which may result in discipline up to and including expulsion from a Middlebury School Abroad or any other Middlebury program:

Violation of Middlebury’s Policy Governing Student Conduct
Violation of Middlebury-Wide Policies including but not limited to Respectful Behavior and Honesty and Cooperation in Middlebury Matters
Violation of Middlebury’s Non-Discrimination Policy
Violation of Middlebury’s Policy Against Hazing
Violation of Middlebury’s Alcohol, Tobacco and Other Drugs Policy
Violation of Middlebury’s Academic Honesty, the Honor Code and Related Disciplinary Policies
Violation of the laws of the host country
Violation of the rules or policies of the host entity
Violation of program rules or policies regarding housing

Students found to have violated Middlebury policy may be subject to the full range of disciplinary actions, as applicable, up to and including expulsion from a Middlebury School Abroad or any other Middlebury program.

Alleged policy violations shall be reported to the Director/Principal of the School Abroad. The Director/Principal or designee (hereinafter referred to as “the Director/Principal”) is ordinarily responsible for addressing alleged violations pertaining to academic honesty, respectful behavior and/or general conduct. Cases involving alleged violations of non-discrimination and Title IX policies will be referred directly to Middlebury’s Civil Rights and Title IX Coordinator for further handling.

Except in cases of emergency removal, suspension, withdrawal or expulsion as described in this handbook and applicable Middlebury policies, the following disciplinary process will apply.

If a complaint or report of an alleged policy violation is made against a School Abroad student, the accused student will be given notice of the alleged violation and an opportunity to respond to the allegations prior to any determination or disciplinary action. The notice may be given orally or in writing. The “opportunity to respond” means that the student will be given an opportunity to meet and/or communicate with the Director/Principal.

The Director/Principal will then make a determination, based on a preponderance of the evidence, as to whether the student violated the policy at issue. Formal rules of evidence do not apply in Middlebury conduct proceedings. If a student is found responsible for a policy violation, the Director/Principal shall determine what disciplinary or other action should be taken, if any. The Director/Principal has the authority to take disciplinary action up to and including expulsion from the program. If the Director/Principal determines that the circumstances do not warrant immediate expulsion from the program, the Director/Principal may take other action, including the issuance of warnings (oral/written), reprimands, probationary status, official Middlebury College discipline, or suspension from the program. The Director/Principal may also assign non-disciplinary action as appropriate, including the issuance of No Contact Orders, room changes, class changes, or other actions as needed. Disciplinary action may be accompanied by notification to the student’s undergraduate or graduate institution (or any other Middlebury program or non-Middlebury program in which the student is involved) and to the parents/guardians of dependent students. In Oxford, the Principal may also inform the Academic Board. For more information, see “Scope of Oversight” under Student Conduct.

Nothing in this section shall preclude the host university (if applicable) from exercising its independent right to suspend, expel or otherwise discipline a student in accordance with its own procedures.

In cases where a student is found responsible for a policy violation while participating in the School Abroad, the finding of responsibility may also be referred to the appropriate authority overseeing the student’s home institution or any additional Middlebury or non-Middlebury program in which the student is or will be enrolled for other action as deemed appropriate. Nothing in this section shall preclude the host university (if applicable) from exercising its independent right to suspend, expel or otherwise discipline a student in accordance with its own procedures.

In certain circumstances involving alleged policy violations (e.g., involved individuals are enrolled in or employed by a foreign university or a non-Middlebury program) the host university’s disciplinary procedures or the local court system may supersede Middlebury’s procedures in that location. In these situations, the School Abroad Director/Principal, and/or other Middlebury official(s) will work closely with the local staff or faculty at the host university (or local law enforcement, if applicable) to ensure that the matter is appropriately addressed. Middlebury will, nonetheless, take steps within the scope of its authority designed to prevent the recurrence of harassment, sexual misconduct, domestic or dating violence or misconduct, or stalking, and remedy the effects of such behavior.

Middlebury retains sole discretion to determine whether to initiate disciplinary or other action under its policies against a student who is or will be enrolled in another Middlebury program (including the undergraduate program) regardless of the outcome of any disciplinary proceeding conducted by a non-Middlebury institution or program and/or the outcome of any law enforcement investigation or court proceeding.

a) Appeals

The student may appeal the Director/Principal’s decision to the Dean of International Programs at Middlebury College or designee (hereinafter referred to as “the Dean”) within three business days of issuance of the Director/Principal’s determination. Appeals may be granted on the basis of one or more of the following grounds:

Discovery of significant new factual material not available to the Director/Principal that could have affected the original result; however, prior omission of factual information that the student knew or should reasonably have known about is not a ground for an appeal;
Procedural error where the error prevented fundamental fairness;
Extreme mitigating circumstances.

The student must submit evidence and/or arguments they believe support any of the three grounds for appeal listed above, and their explanation of the evidence or arguments. The Dean may deny the appeal, or if one or more of the appeal grounds have been met, may:

return the case to the Director/Principal for reconsideration; or
appoint an alternate disciplinary authority, as appropriate, to review the case.

Absent extenuating circumstances, the Dean will notify the student of the appeal decision within five business days of the appeal receipt deadline. This deadline may be extended if warranted by the circumstances, in which case the student will be notified at the time the extension is determined.

The decision made by the Dean to grant or deny the appeal is final. Should an appeal be granted, the subsequent determination and/or sanction is/are final.

Because Middlebury is committed to cultivating a safe, healthy and inclusive community where all individuals treat each other with respect, we ask all students to complete an on-line training course as part of the pre-departure process.

Middlebury’s primary concern is for the health and safety of its students; therefore, the Medical Amnesty Policy exempts students who seek medical help for themselves or others from disciplinary action.

Student grievance policy (Oxford program only)

Student grievances should, in the first instance, be brought to the attention of the Principal.

At every stage in the process, the Principal – or, if appropriate, another member of staff – will ensure that the complainant understands the student grievance policy.

It may be that the Principal is able to resolve the matter informally by consultation with any students, tutors and staff involved. If a student is not satisfied with an informal resolution, then he/she can bring the matter to the Principal in writing. The Principal will investigate the matter, seeking guidance from others as appropriate. The Principal will then communicate the decision swiftly to the complainant. If a student is not satisfied with the decision of the Principal, then he/she can appeal to the Dean of International Programs at Middlebury College. The Dean’s decision is final.

Should there be any merit in a complaint, then prompt and proportionate action will be taken to rectify the situation.

Sanctions for Students at the Middlebury Institute of International Studies at Monterey
Disciplinary sanctions for students who violate this policy will be imposed in accordance with the procedures set forth in the Student Conduct Disciplinary Process. While discipline is cumulative at the Institute, which may mean the assignment of greater sanctions for repeated or accumulated violations, it is not progressive. That is, depending on the severity of the violation, a student may receive any sanction, even for a first offense. Outcomes may vary depending on the nature, severity, and impact, actual or potential, of any of the violations and the student’s conduct and health history. Sanctions could also include referral to an educational or rehabilitation program.

The range of possible sanctions is set forth and defined in the “Sanctions” section of the Student Conduct Disciplinary Process and, depending on the severity of the conduct, may also include referral for prosecution (as determined by the state’s attorney or other appropriate officials) and/or the completion of an appropriate rehabilitation program. These sanctions are defined in the Student Conduct Disciplinary process and include a warning, reprimand, probation, loss of privileges, fines, restitution, discretionary sanctions, suspension, expulsion, and revocation of admission and/or degree. The Institute may also temporarily withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Conduct Disciplinary Process, including the completion of all sanctions imposed, if any. More than one of the sanctions listed above may be imposed for any single violation. For more information regarding sanctions, please see the Student Conduct Disciplinary Process.

From the handbook, specific to the Middlebury Institute of International Studies

D. Sanctions for General Non-Academic Offenses

Sanctions for students found responsible for committing non-academic policy violations are listed below. Sanctions are designed to accomplish several goals to deter harmful conduct; to cultivate responsibility and accountability to self and others; to address the underlying harm including the wellbeing or safety of any individual and/or the community; to eliminate any hostile environment, prevent its recurrence, and correct its discriminatory effects on the complainant and others, if applicable; and to provide other appropriate forms of redress.

Sanctions are recorded in the student’s file, and are not reflected on the academic transcript, except that Institute enrollment dates are part of the transcript record. Sanctions that constitute a form of official discipline, as noted below, are included in a student’s permanent record and may/must be disclosed by the respondent and/or by the Institute under certain circumstances.

Sanctions may additionally include loss or restriction of Institute privileges and/or educational/reparative assignments as appropriate. Prior conduct and judicial history may be taken into account in determining sanctions. Receipt of sanctions may also impact future Institute opportunities, including but not limited to employment, leadership position selection, or approval for participation in other Institute programs.

If the conduct occurred during the course and scope of the student’s employment at the Institute, the matter will be referred to the Human Resources Department, as appropriate, for disciplinary sanctions that may include written reprimands, or termination of employment in addition to the sanctions assigned through the judicial process.

Although discipline is cumulative at the Institute, which may result in greater sanctions for repeated or accumulated violations, it is not progressive. That is, depending on the severity of the violation, a student may receive any of the sanctions below, even for a first offense. Sanctions for offenses involving alcohol and/or drugs will be assigned to be consistent with those outlined below and in the Alcohol and Drug Use Policy.

The sanctions below are listed in order of increasing severity.

1. Unofficial Forms of Discipline

a. Warnings

A verbal or written warning may be issued when a student has violated Institute policy. A warning is intended to educate the student about Institute policies and/or state laws, and the need to adhere to them. A warning is informal, unofficial discipline and is not part of the student’s official record. Students who receive a warning can answer negatively if they are asked if they have been subject to official discipline while enrolled in any Institute program. Warnings are taken into account in determining future disciplinary outcomes and may serve to make further violations of Institute regulations more serious.

b. Reprimands

A letter of reprimand may be issued when a student demonstrates an inability or unwillingness to abide by our principles and by repeatedly violating Institute policy. A letter of reprimand may also be issued when a student has committed a violation of the Institute policy that has had or may have had a negative impact on an individual or on the community. A reprimand registers strongly the Institute’s concern regarding the student’s actions and its firm expectations for immediate improved behavior.

A letter of reprimand is informal, unofficial discipline and is not part of the student’s official record. Students who receive reprimands can answer negatively if they are asked if they have been subject to official discipline while enrolled in any Institute program. Reprimands are taken into account in determining future disciplinary outcomes and may serve to make further violations of Institute regulations more serious.

c. Probationary Status

Students may be placed on probationary status when the number or nature of their Institute policy violation(s) is sufficiently concerning that an additional policy violation will most likely result in an official form of discipline (please see below). Probationary status provides students with an opportunity to avoid this outcome. They may do so by demonstrating improved conduct, generally reflected in their sustained ability to respect community standards and adhere to Institute policies.

If students commit new policy violations while on probationary status, an appropriate course of action will be determined. Considerations may include the gravity and impact of the new infraction; the student’s response during and following the new infraction; and the student’s progress during the probationary period.

Probationary status is informal, unofficial discipline and is not part of the student’s official record. Students who are placed on probationary status can answer negatively if they are asked if they have been subject to official discipline while enrolled in any Institute program. It is important to note that discipline is cumulative at the Institute and further infractions following the successful conclusion of the probationary period may still result in more severe outcomes.

2. Official Forms of Discipline

a. Letter of Official Discipline

Students may receive a letter of official discipline when their actions have demonstrated disregard for the Institute’s policies such that an additional infraction of Institute policy will most likely result in suspension from the Institute. A letter of official discipline is intended to encourage immediate improved behavior and acceptance of responsibility and growth by establishing this incident on the student’s permanent record.

Letters of official discipline are a permanent part of the student’s official record. Students who receive a letter of official discipline must answer affirmatively if they are asked whether they have been subject to official discipline while enrolled in any Institute program.

b. Suspension

Suspension is issued when a student commits a serious policy violation, or repeatedly violates Institute policy, thereby demonstrating an inability or unwillingness to behave in a manner consistent with Institute principles. The behavior is sufficiently egregious that the student is required to leave the Institute community for a period of time. It is intended to encourage acceptance of responsibility and growth by establishing this incident on the student’s permanent record; to provide the student with an opportunity to consider and address the problematic behavior; and to develop strategies to ensure that the student’s eventual return to the Institute will be successful for the student, for the individuals affected by the student’s actions, and for the community.

Suspension may be imposed for any length of time, but is normally imposed for a period no longer than one academic year. In determining the length of suspension, the sanctioning authority will consider the student’s prior conduct history; the gravity of the violation and its impact on the community; the needs of the complainant/affected party; and the need for sufficient time for the student to demonstrate that the concerning behavior has been satisfactorily addressed. When the sanctioning authority feels that suspension for one academic year is insufficient to allow for a student’s successful return to the community, expulsion will be the normal outcome, barring exceptional circumstances.

Students who are suspended for four weeks or longer who wish to return to or be reinstated at the Institute must apply for readmission or reinstatement. Students must apply through the dean of their school/ program. All applicants for readmission or reinstatement after suspension must demonstrate readiness to return to the Institute. Readiness to return is determined by a student’s adherence to the terms of the sanction and the deadlines of the readmission process; by the completion of any additional conditions that may have been established at the time of the student’s departure; and by the provision of satisfactory evidence that the problematic behavior will not recur. If a student is unable to demonstrate readiness to return at the stated conclusion of the period of suspension, the appropriate supervisory authority may deny readmission or reinstatement until it is satisfied that the conditions that led to the student’s departure have been appropriately addressed.

Suspension is a form of official discipline and is a permanent part of the student’s record. Students who are suspended must answer affirmatively if they are asked whether they have been subject to official discipline while enrolled in any Institute program. Students who are suspended must leave campus; are restricted from all Institute-owned or rented properties; and are prohibited from participating in all Institute activities or programs, from employment by the Institute, and from using Institute facilities during the stated period of the suspension. When suspension prohibits students from completing a semester or program they have already begun, the comprehensive fee for that semester or program is not refunded. For international students, suspension may affect immigration status; related questions may be directed to the director of international student and scholar services.

c. Expulsion

For particularly serious offenses, students may be permanently expelled from the Institute. In cases of expulsion from the Institute, no refund of the comprehensive fee or other program fee, as applicable, is made. Expulsion is a form of official discipline and is a permanent part of the student’s record. Students who are expelled must answer affirmatively if they are asked whether they have been subject to official discipline while enrolled in any Institute program.

Fines or restitution commensurate with the nature of the offense may also be assigned. The monetary cost of the harm done may be taken into account in assessment of a fine or an order of restitution.

A sanction of suspension or expulsion is ordinarily stayed pending the outcome of any authorized appeal. However, if the judicial authority which imposed this sanction makes a finding that imminent danger to one or more members of the Institute community may exist, suspension or expulsion will take effect immediately regardless of the pendency of an appeal. Please also see the section Institute Initiated Leave of Absence, Emergency Withdrawal, Suspension or Expulsion in the Student Conduct Policy Overview.

Medical Amnesty Policy

Middlebury’s Medical Amnesty Policy is intended to encourage students to seek swift medical assistance for themselves and others without fear of penalty. Our primary concern is the health and safety of our students. We urge students not only to take care of their own well-being, but to behave in an equally responsible way with their peers.

There may be times when safety concerns arise from a student’s excessive drinking or drug use, and in these situations, students should not hesitate to seek help from the Student Life/Services staff, Public Safety/Campus Security, medical or counseling professionals, and/or local or state police out of fear of disciplinary action. Under this Medical Amnesty Policy, neither the student in distress nor the student or organization seeking assistance will ordinarily be subject to disciplinary action for the possession, provision, or consumption of drugs or alcohol. Educational and/or preventative responses such as a group class, online course, individual meeting, substance use assessment, referral to support resources, or other appropriate course of action may be required.

This policy refers to isolated incidents only, and does not excuse or protect those who flagrantly or repeatedly violate the Alcohol, Tobacco and Other Drugs Policy, nor does it preclude disciplinary action arising from violations of other Middlebury policies. However, in cases involving additional policy violations, Middlebury will consider the positive impact of reporting an incident as well as the health and safety needs of the involved student(s) when determining the appropriate course of action.

This policy cannot protect students from action by law enforcement personnel, but it is consistent with laws enacted by Vermont and California that provide limited immunity from prosecution to a witness or victim of a drug or alcohol overdose who seeks medical assistance to save the life of an overdose victim. For more information about the Vermont statute, please see 18 V.S.A. § 4254. For more information about the California law, please see HSC §11376.5.

Disciplinary Sanctions: Faculty and Staff

Disciplinary sanctions for faculty and staff will be imposed under Middlebury’s and the Institute’s established disciplinary practices and procedures for members of the faculty and staff, as applicable. Disciplinary sanctions may include written warnings, written reprimands, completion of an appropriate rehabilitation program, termination of employment, and/or referral for prosecution (depending on the severity of the conduct). See also the following:

Employee Code of Conduct

Progressive Discipline

Discharge

Faculty Misconduct

Middlebury Institute Employee Handbook

Employee Resources

Middlebury Institute Faculty Handbook

Health and Community Responsibility

Middlebury believes that alcohol and other drug-related problems affect our entire community and that each of us has a responsibility to help safeguard the community health by respecting policy and intervening in situations of abuse. Any member of the Middlebury community having knowledge of an individual on campus who is abusing alcohol or in possession of or using illegal drugs, or misusing legal substances to cause impairment/hallucination, is urged to encourage the individual to seek counseling and/or medical assistance. All members of the community are also expected to help protect the community health by informing appropriate staff members of instances of alcohol and/or drug misuse, distribution, and/or sales.

Involvement with or dependency upon drugs or excessive or illegal use of alcohol is viewed by Middlebury as a health concern as well as a disciplinary matter. Any time a dean, staff member, faculty member or appropriate supervisory authority has reasonable concerns that a student’s health is being compromised by alcohol or other drug use (even in cases where no concrete evidence or direct witness is involved), an educational and/or preventative response, such as a group class, online course, individual meeting, substance use assessment, referral to support resources, or other appropriate course of action may be required.

Middlebury College Specific: In addition, the dean or appropriate supervisory authority may notify the student’s parents or guardian of concerns about the student’s drug or alcohol use.

Students (all programs): Alcohol and Other Drugs Policy
Faculty and Staff: Alcohol and Other Drugs Policy
See also: Employee Handbook, Faculty Handbook , Faculty Handbook (MIIS specific), Employee Handbook (MIIS specific)

Printed copies of Middlebury’s Alcohol and Other Drugs Policies (referenced above) are available upon request from the appropriate program contact:

Middlebury’s Vermont-Based Program Contacts

Department of Public Safety
802-443-5911

Center for Health and Wellness

Health Services
802.443.5135

Counseling
802.443.5141

Health and Wellness Education
Madeline Hope-Lyng, Director
802-443-5389
mhope@middlebury.edu

Bread Loaf Writers’ Conference
Jennifer Grotz, Director
802-443-5286
jgrotz@middlebury.edu

Bread Loaf School of English (VT, CA, England)
Emily Bartels, Dean
802-443-5418
ebartels@middlebury.edu

Middlebury Language Schools and Schools Abroad
Carlos Velez-Blasini
Dean of International Programs
802-443-5745
carlos.velez@middlebury.edu

Tim Page
Acting Dean of Language Schools
802-443-5396
tpage@middlebury.edu

Middlebury School of the Environment
Curt Gervich, Co-director
802-443-3100
cgervich@middlebury.edu

Liou Xie, Co-director
802-443-3100
lxie@middlebury.edu

Other Middlebury Program Contacts

Middlebury Institute of International Studies at Monterey
Meili Chen
Human Resources Business Partner
(831) 647-6404

Ashley Arrocha
Assistant Dean of Student Services
831-647-4654
aarrocha@miis.edu

MiddCORE
Christal Brown, Director
802-443-5677
christal@middlebury.edu

Federal, State, and Local Laws

Federal, state, and local laws pertaining to the illegal manufacture, possession, distribution and use of drugs and alcohol are summarized below.

The information herein regarding Federal, state, and local drug and alcohol laws does not constitute legal advice and should not be relied upon as such. Please consult your attorney if you have any questions. In addition, this section is intended to be a summary of certain drug and alcohol laws only. Such laws may change from time to time; as such, you should access the statutes directly or consult your attorney to obtain the most up to date and accurate information.

A. Federal Law

Penalties for Simple Possession

21 U.S.C. §844

First Offense	May be sentenced for up to 1 yr. in prison; shall be fined $1,000, or both.
Second Offense	Prison sentence between 15 days and 2 yrs. and a minimum fine of $2,500.
Additional Offenses	Prison sentence between 90 days and 3 yrs. and a minimum fine of $5,000.

Criminal Forfeitures (21 U.S.C. § 853)

(a) Property subject to criminal forfeiture

Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law-

(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
(2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of section 848 of this title, the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.

The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.

Denial of Federal Benefits, Including Student Loans, Grants, Contracts, and Commercial and Professional Licenses (21 U.S.C. §862)

(a) Drug traffickers

(1) Any individual who is convicted of any Federal or State offense consisting of the distribution of controlled substances shall-

(A) at the discretion of the court, upon the first conviction for such an offense be ineligible for any or all Federal benefits for up to 5 years after such conviction;
(B) at the discretion of the court, upon a second conviction for such an offense be ineligible for any or all Federal benefits for up to 10 years after such conviction; and
(C) upon a third or subsequent conviction for such an offense be permanently ineligible for all Federal benefits.

(2) The benefits which are denied under this subsection shall not include benefits relating to long-term drug treatment programs for addiction for any person who, if there is a reasonable body of evidence to substantiate such declaration, declares himself to be an addict and submits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services.

(b) Drug possessors

(1) Any individual who is convicted of any Federal or State offense involving the possession of a controlled substance (as such term is defined for purposes of this subchapter) shall-

(A) upon the first conviction for such an offense and at the discretion of the court-
- (i) be ineligible for any or all Federal benefits for up to one year;
- (ii) be required to successfully complete an approved drug treatment program which includes periodic testing to insure that the individual remains drug free;
- (iii) be required to perform appropriate community service; or
- (iv) any combination of clause (i), (ii), or (iii); and
(B) upon a second or subsequent conviction for such an offense be ineligible for all Federal benefits for up to 5 years after such conviction as determined by the court. The court shall continue to have the discretion in subparagraph (A) above. In imposing penalties and conditions under subparagraph (A), the court may require that the completion of the conditions imposed by clause (ii) or (iii) be a requirement for the reinstatement of benefits under clause (i).

(2) The penalties and conditions which may be imposed under this subsection shall be waived in the case of a person who, if there is a reasonable body of evidence to substantiate such declaration, declares himself to be an addict and submits himself to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services.

The period of ineligibility referred to in subsections (a) and (b) shall be suspended if the individual-

(A) completes a supervised drug rehabilitation program after becoming ineligible under this section;
(B) has otherwise been rehabilitated; or
(C) has made a good faith effort to gain admission to a supervised drug rehabilitation program, but is unable to do so because of inaccessibility or unavailability of such a program, or the inability of the individual to pay for such a program

Federal Trafficking Penalties

Please refer to the chart at the end of this document for more information on federal trafficking penalties.

Distribution or Manufacturing in or Near Schools: (21 U.S.C. § 860)

Any person who violates section 841(a)(1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b)) subject to (1) twice the maximum punishment authorized by section 841(b) of this title; and (2) at least twice any term of supervised release authorized by section 841(b) of this title for a first offense. A fine up to twice that authorized by section 841(b) of this title may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 841(b) of this title, a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marijuana.
Full text of Controlled Substances Act

Section 812. Schedules of Controlled Substances
List of Controlled Substances

Important Warning About Cannabis: Middlebury’s Alcohol and Other Drugs Policy prohibits, among other things, the use and possession of illegal drugs – including cannabis. The use, sale, distribution, manufacture, cultivation and possession of cannabis is also illegal under federal law, and smoking cannabis violates Middlebury’s No Smoking Policy and Fire Safety Regulations. As such, any Middlebury student, faculty or staff member who uses, possesses, distributes, grows, sells, manufactures, or cultivates any illegal drug, including cannabis, or engages in any other prohibited conduct under Middlebury’s Alcohol and Other Drugs Policy is subject to discipline up to and including expulsion from the program or termination of employment under Middlebury’s policies.

B. Vermont Law

Alcohol
Minors Misrepresenting age, Procuring, Possessing, or Consuming Liquors (7. V.S.A.§ 656 and 7 V.S.A. § 657a)

It is illegal for a person under the age of 21 to procure, possess, or consume alcohol.

First Offense	Second Offense	Third/Subsequent Offense
Civil penalty of $300 and a 30-day suspension of the person’s driver’s license (unless the person successfully completes a Court Diversion Program)	Civil penalty of not more than $600 and a 90-day suspension of the person’s driver’s license (unless the person successfully completes a Court Diversion Program)	Civil penalty of not more than $600 and a 90-day suspension of the person’s driver’s license (unless the person successfully completes a Court Diversion Program)

Penalties for Person Under 16 Years of Age Misrepresenting Age or Procuring or Possessing Alcoholic Beverages: 7 V.S.A. § 657a

Sale or Furnishing Alcohol to Minors or Enabling the Consumption of Alcohol by Minors: (7 V.S.A. § 658)
It is illegal to sell or furnish alcohol to, or knowingly enable the consumption of alcohol by, a person under the age of 21. Fines range from $500-$2,000 or a prison term of up to 2 years, or both. Additional penalties will be imposed if the minor gets in an automobile accident that causes death or serious bodily injury to him/herself or others (prison term of up to 5 years or a fine of up to $10,000, or both). “Enable the consumption of” alcohol means creating a direct and immediate opportunity for a person to consume alcohol.

Limited Immunity from Liability for Reporting a Drug or Alcohol Overdose: (18 V.S.A. § 4254)
Vermont law provides limited immunity from citation or arrest of prosecution for a person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug or alcohol overdose or for themselves if they are experiencing a drug or alcohol overdose.

Driving Under the Influence of Alcohol: (23 V.S.A. § 1201)

(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway
- (1) when the person’s alcohol concentration is
  - (A) 0.08 or more, or
  - (B) 0.02 or more if the person is operating a school bus;
  - (C) 0.04 or more if the person is operating a commercial vehicle as defined in subdivision 4103(4) of this title; or
- (2) when the person is under the influence of alcohol; or
- (3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug.

“Under the influence of a drug” means that a person’s ability to operate a motor vehicle safely is diminished or impaired in the slightest degree.

See the full text of the statute for additional laws relating to a law enforcement officer’s reasonable request under the circumstances for an evidentiary test, additional penalties and restrictions for subsequent offenses, affirmative defenses and other related topics.

See also 23 V.S.A. § 1202 (Consent to Taking of Tests to Determine Blood Alcohol Content)

For penalties depending on the circumstances, see23 V.S.A. §§ 1205, 1206, 1208, 1209a, 1210

Other penalties and conditions include alcohol screening, alcohol and driving education program, additional therapy (depending on the circumstances); additional penalties apply for refusal consent to blood alcohol testing.

Illegal Drugs
See the following for updated penalty details:

See also the full text of Vermont’s Possession and Control of Regulated Drugs statute.
Please note that Vermont’s marijuana laws will be amended as of July 1, 2018. The full text of the amendment is available here.

C. Local Law

Local Law (Town of Middlebury Ordinance) Middlebury, VT Campus

A person who has in his or her possession an open container having any alcohol, malt beverages, spirits, or vinous beverages while on Town property without a permit specifically authorizing such possession or who violates a term or condition of an issued permit shall be subject to a fine not in excess of $1,000 for each violation. Waiver fine is $100.

Town Property shall mean any street, highway, sidewalk, park, building, or any other place owned by, or under the authority and control of the Town within the village area as defined on map #138 (part of a set numbered 138-143) titled Town of Middlebury Vermont, Addison County Regional Planning Commission, 1968, as recorded in the Middlebury Town Clerk’s Office, which includes Chipman Hill Park; Means Woods, Battell Woods, Wright Park and East Middlebury Recreation Park.

Alcoholic Beverage Restrictions An Ordinance For Restricting Alcoholic Beverage Use on Town Property

Local Law (Town of Ripton Ordinance) Bread Loaf Campus

It is unlawful for anyone to possess alcoholic beverages in unsealed or open containers in public places. Public places, as defined by this Ordinance, include but are not limited to the Community House and grounds; the School House and grounds; the Town Office and grounds; the Church and grounds; the Fire House and grounds; the Town Shed and grounds; and any other land owned by the town. Further the definition of public places includes all land and property within the right of way of any Town roads.

Exceptions: Alcohol may be served in the Church and in the Community House as part of a religious service, Alcohol may be served in the Community House after proper application is made to the Selectmen for permission to do so, pursuant to the conditions of the Community House rental contract, and approval is given by the Selectmen. At no time may alcoholic beverages by consumed on the grounds of the Community House.

A person who violates any provision of this special regulation shall be fined not more than $500.00.

Local Law (Town of Bennington) Middlebury Language Schools at Bennington College Campus

It shall be unlawful for any person to drink malt, vinous or spirituous liquors upon any public street, alley, sidewalk, parking space, or publicly-owned land nor in or upon any motor vehicle while moving or stationary in said places. These acts are also unlawful on any privately owned land which is provided for use by the public. Possession upon one’s person of any open container of any such liquor in any such place shall be prima facia evidence of a violation thereof.

Information and Resources

The use of illicit drugs and the unlawful possession and use of alcohol is wrong and potentially harmful. Abuse of alcohol and drugs can have a dramatic impact on professional, academic, and family life. We therefore encourage staff, faculty, and students experiencing difficulty with drugs or alcohol to contact one of the many resources available on or off campus. It is important that all members of our community know where help is available for those who need it. Resources and information regarding health risks and resources are available below.

Health Risks Associated with Alcohol According to the CDC:
“Drinking too much can harm your health. Excessive alcohol use led to approximately 178,000 deaths and 4 million years of potential life lost (YPLL) each year in the United States from 2020-2021, shortening the lives of those who died by an average of 24 years. The economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion, or $2.05 a drink.”

The Standard Measure of Alcohol
In the United States, a standard drink is any drink that contains 0.6 ounces (14.0 grams or 1.2 tablespoons) of pure alcohol. Generally, this amount of pure alcohol is found in

12-ounces of regular beer (5% alcohol content).
8-ounces of malt liquor (7% alcohol content).
5-ounces of wine (12% alcohol content).
1.5-ounces of 80-proof (40% alcohol content) distilled spirits or liquor (e.g., gin, rum, vodka, whiskey).

What is Excessive Drinking?
Excessive drinking includes binge drinking, heavy drinking, and any drinking by pregnant women or people younger than 21.

Binge drinking:
- For women, 4 or more drinks during a single occasion.
- For men, 5 or more drinks during a single occasion.
Heavy drinking:
- For women, 8 or more drinks per week
- For men, 15 or more drinks per week

The Dietary Guidelines for Americans recommends that adults of legal drinking age can choose not to drink, or to drink in moderation by limiting intake to 2 drinks or less in a day for men or 1 drink or less in a day for women, on days when alcohol is consumed. The Guidelines also do not recommend that individuals who do not drink alcohol start drinking for any reason and that if adults of legal drinking age choose to drink alcoholic beverages, drinking less is better for health than drinking more. There are some people who should not drink any alcohol, including those who are:

Pregnant or may be pregnant.
Taking certain prescription or over-the-counter medications that can interact with alcohol.
Younger than age 21.
Recovering from alcohol use disorder of if they are unable to control the amount they drink.

By adhering to the Dietary Guidelines, people can reduce the risk of harm to themselves and others.

Short-Term Health Risks

Drinking excessively on an occasion can lead to these harmful health effects:

Injuries, such as motor vehicle crashes, falls, drownings, and burns.
Violence, including homicide, suicide, sexual violence, and intimate partner violence.
Alcohol poisoning, high blood alcohol levels that affect body functions like breathing and heart rate.
Sexually transmitted infections or unplanned pregnancy—alcohol use can lead to sex without protection, which can cause these conditions.
Miscarriage and stillbirth or fetal alcohol spectrum disorders (FASDs) among pregnant women.

Long-Term Health Risks

Over time, drinking alcohol can have these effects:

High blood pressure, heart disease, stroke, liver disease, and digestive problems.
Drinking any alcoholic beverages, including red and white wine, beer, and liquor, is linked with cancer. The risk of some cancers increases with any amount of alcohol use. This includes breast cancer (in women).More than 20,000 people die from alcohol-related cancers each year in the United States.
Learning and memory problems, including dementia and poor school performance.
Mental health problems, including depression and anxiety.
Social problems, including family problems, job-related problems, and unemployment.
Alcohol use disorders, this affects both physical and mental health.
Weakening of the immune system, increasing the chances of getting sick.

Source: CDC Fact Sheets: Alcohol Use and Your Health

See also: CDC: Alcohol and Public Health and Rethinking Drinking

Blood Alcohol Concentration
Determining how, when, and how much alcohol to drink can be difficult for many individuals who are faced with social pressure, limited information about alcohol use, and often a lack of prior experience. It is important to know that there a point at which what are often considered some of the desirable effects of alcohol (e.g. a sense of euphoria, increased social confidence, lowered inhibitions) diminish and undesirable effects (e.g. nausea, loss of motor control, depressed feelings) increase.

Understanding blood alcohol content (BAC) is helpful in determining where the plateau of desirable effects might be for individuals. BAC is estimated using a person’s weight, sex, the number of standard drinks consumed (see the guide below for measuring standard drinks), and the time during which those drinks were consumed. BAC estimations do not account for an individual’s metabolic rate or tolerance for alcohol. Remember that a standard drink for BAC calculation purposes may be different than what individuals may consider a typical amount of alcohol to consume.

Health Risks Associated with Drugs
According to Substance Abuse and Mental Health Services Administration (SAMSHA), drug use—including marijuana, cocaine, methamphetamine, as well as prescription drug misuse and illicit opioids—among adults is on the rise. The COVID-19 pandemic has increased drug use.

Different drugs pose different dangers. Drug use can lead to dependence and addiction, injury and accidents, health problems, sleep issues, and more.

The Rise of Drug Use for Adults Ages 26-49

While young adults ages 18-25 have the highest rates of drug use across the board, drug use among adults ages 26-49 is on the rise:

Cocaine: Highly addictive, cocaine is involved in nearly one in five overdose deaths; its health effects include asthma, bowel decay, and increased risk of HIV.
Methamphetamine (Meth): Meth causes devastating health effects, and sometimes death, even on the first try. Meth speeds up the body’s systems to dangerous levels. Chronic users experience anxiety, confusion, insomnia, paranoia, aggression, and more.
Prescription and illicit opioids: Highly addictive, the substances are the top cause of overdose deaths; health effects include confusion, nausea, constipation, coma, and brain damage.
Marijuana: Even though it is legal in many states, studies link marijuana use to various negative outcomes.
The percentage of adults age 26 and older using marijuana daily or almost daily has nearly doubled since 2015.
Cocaine use and death rates have risen; cocaine-involved overdose rates in the U.S. have risen annually since 2012.
Meth use is on the rise and overdose death rates climbed more than five-fold for those ages 25 to 54 between 2011 and 2018.

The nation remains in a prescription and illicit opioids crisis, as 81,230 drug overdose deaths occurred in the U.S.—the highest single year ever reported—in the 12 months ending in May 2020; most of the overdose deaths involved a prescription or illicit opioid.

DEA Drug Fact Sheets
Find out as much as you can about illegal and legal drugs and their effects on your body and brain. The more informed you are, the more confidently you can make the right decision about drugs. Read DEA’s Drugs of Abuse publication for the latest information.

See also: National Institute on Drug Abuse: The Science of Drug Abuse and Addiction

Resources

National resources and references on drugs and alcohol include:

Care and Treatment

What can I do if I or someone I know has a drinking or drug abuse problem?
Per the Centers for Disease Control and Prevention, consult your personal health care provider if you feel you or someone you know has a drinking problem. Other resources include the National Drug and Alcohol Treatment Referral Routing Service, available at 1-800-662-HELP. This service can provide you with information about treatment programs in your local community and allow you to speak with someone about alcohol problems.

Middlebury’s Vermont-Based Programs

Center for Health and Wellness - Centeno House (Students)
Employee and Family Assistance Program: 866-660-9533 (faculty and staff)
Alcoholics Anonymous/Local AA Meetings
Foundations Recovery Network
Vermont Department of Health
Vermont Association for Mental Health and Addiction Recovery