Drug Free Schools and Communities Act Notice
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.
Middlebury’s Alcohol and Drug Policies
Middlebury’s Alcohol and Other Drugs Policy, applies to students and employees, and contains the required information regarding Middlebury’s standards of conduct and disciplinary sanctions regarding the unlawful possession, use, or distribution of illicit drugs and alcohol. The list of sanctions in the policy applicable to students is in the section titled Disciplinary Sanctions for Students. Sanction information for employees is in Disciplinary Sanctions for Faculty and Staff, and discipline will be handled in accordance with the Middlebury’s existing disciplinary procedures applicable to faculty and staff.
For information about Drug and Alcohol policies applicable to students and employees at the Middlebury Institute of International Studies please see below.
- Students: Alcohol and Other Drugs Policy
- Faculty and Staff: Alcohol and Other Drugs Policy
- See also: Employee Handbook, pp. 28 and 31
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
Health and Wellness Education
Barbara McCall, Director
Bread Loaf Writers’ Conference
Jennifer Grotz, Director
Bread Loaf School of English
Emily Bartels, Director
Middlebury Language Schools and Schools Abroad
Dean of International Programs
Stephen B. Snyder
Vice President for Academic Affairs & Dean of Language Schools
Middlebury School of the Environment
Curt Gervich, Co-director
Liou Xie, Co-director
Other Middlebury Program Contacts
Middlebury Institute of International Studies at Monterey
Human Resource Manager
Ashley Fera Arrocha
Assistant Dean of Student Services
Christal Brown, Director
Bread Loaf School of English (New Mexico)
Karen Browne, Assistant to the Director
Federal and State Laws
All students, faculty, staff, and visitors are subject to local, state and federal laws, as well as Middlebury drug and alcohol policy rules and regulations, while on Middlebury-owned or leased properties or while involved with off-campus activities sponsored by Middlebury or a registered Middlebury organization. Middlebury does not protect individuals from prosecution for drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities. Law enforcement officers, when in possession of the proper documents, have a legal right to search individuals and property without prior notice. Middlebury also reserves the right to furnish the police with information regarding alleged illegal activities.
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
|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.|
|Convictions for Possession of Flunitrazepam||Prison sentence of not more than 3 yrs. and fines as provided generally in the statute for first or additional offenses, or both.|
|Ephedrine base,pseudoephedrine base, or phenylpropanolamine base||Unlawful purchase of more than 9 grams in a 30 day period. (Penalties for first and subsequent offenses as shown in this chart).|
Criminal Forfeitures (21 U.S.C. § 853)
Any person convicted of a federal drug crime punishable by imprisonment for more than 1 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.
Denial of Federal Benefits, Including Student Loans, Grants, Contracts, and Commercial and Professional Licenses (21 U.S.C. §862)
Convictions for federal or state offenses consisting of the distribution of controlled substances: Ineligible for any and all federal benefits for up to 5 years after a first conviction, up to 10 years after a second conviction, and permanent ineligibility for all federal benefits after a third or subsequent conviction.
Convictions for federal or state offenses related to possession of controlled substances: Ineligible for any and all federal benefits for up to 1 year, and/or drug treatment program and/or community service (first conviction); up to 5 years (second or subsequent conviction(s)), and or drug treatment program and/or community service.
Federal Trafficking Penalties
To see Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana) and Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances, please refer to the Federal Trafficking Penalties Schedule (21 U.S.C. § 841).
For additional information regarding penalties for drug-related offenses, see the full text of 21 U.S.C. Sec. 841.
Distribution or Manufacturing in or Near Schools: (21 U.S.C. § 860)
Any person convicted of 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 private college is subject to twice the maximum punishment (including imprisonment and fines) and at least twice any term of supervised release as the standard penalties for the same offense, with a mandatory term of imprisonment of not less than one year. These mandatory minimum sentencing provisions shall not apply to offenses involving 5 grams or less of marijuana. There are additional penalties for two or more offenses.
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
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 Alcoholc 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 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 0.08 or more, or 0.02 or more if the person is operating a school bus; or
(2) when the person is under the influence of intoxicating liquor; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug; or
(4) when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle.
“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.
See the following for updated penalty details:
- 18 V.S.A. §§4230 a, 4230b, 4230c, and 4230d (under 16).
- 18 V. S. A. §4231
- 18 V.S.A. §4232
- 18 V.S.A. §4233
- 18 V. S.A. §4234
- 18 V. S. A. §4234a
- Subsections b and c.18 V. S.A. §4234b
- 18 V.S. A. §4235
- 18 V.S.A. §4235a
- 18 V.S.A. § 4228
- 18 V.S.A. § 4236
- 18 V.S.A. § 4237
- 18 V.S.A. § 4250
- 18 V.S.A. § 4252
- 18 V.S.A. § 4253
- 18 V.S.A. § 4238
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.
Local Law (Town of Middlebury Ordinance)
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
C. California Law
Penalties may vary depending on the circumstances/aggravating factors. Other penalties (not listed below) may also apply (e.g., court diversion and probation). Please check the statutes directly for additional information). See also the full text of California’s Controlled Substances Act.
Under a new California Law adults age 21 and over may use marijuana in small amounts (see table below). It is illegal for individuals under 21 to use or possess marijuana. Please note that it is still a violation of federal law for all individuals, regardless age, to possess marijuana and it is also a violation of the Middlebury’s Institute’s drug policy. A conviction for a drug offense under federal law may result in the loss of federal financial aid.
For offense information and health and safety codes, see the following sections:
Alcohol Possession, Sale, Falsification of Age (Minors)
Penalties may vary depending on the circumstances/aggravating factors. Other penalties (not listed below) may also apply (e.g., court diversion and probation). Please check the statutes directly for additional information). See the full text of California’s Business and Professions Code, Division 9. Alcoholic Beverages.
For offense information and health and safety codes, see the following sections:
Driving Under the Influence of Alcohol or Drugs
- California Vehicle Code Section 23152-23229.1
- California Vehicle Code Section 23536-23552
- California Vehicle Code Section 13350-13559
- California Vehicle Code Section 23592-23597
It is unlawful for:
- a person who is under the influence of any alcoholic beverage to drive a vehicle.
- a person who has 0.08 percent or more, by weight, of alcohol in their blood to drive a vehicle.
- a person who has 0.04 percent or more, by weight, of alcohol in their blood to drive a commercial motor vehicle.
- a person who is addicted to the use of any drug to drive a vehicle (except a person who is participating in an approved narcotic treatment program).
- a person who is under the influence of any drug to drive a vehicle.
- a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
With respect to DUI offenses under California law, penalties may vary depending on the circumstances/aggravating factors. Penalties may include fines, imprisonment, license suspension, mandatory alcohol or drug education, driver’s license restrictions, vehicle impoundment, vehicle sale, installation of interlock devices, and enhanced mandatory minimum penalties for multiple offenses. The following is a summary of certain penalties for various offenses.
|Offense||Fine/Prison||Education Program||License Suspension||Vehicle Impounded|
|First Offense||Fine: $390-$1,000 Prison: 96 hrs.-6 mos.||Required||6 mos.||Vehicle may be impounded for up to 6 mos.|
|Second Offense||Fine: $390-$1,000 Prison: 90 days-1 yr.||Required||2 yrs.||Vehicle will be impounded for 1- 30 days if second offense occurred within 5 years of first offense|
|Third Offense||Fine: $390-$1,000 Prison: 120 days-1 yr.||Required||3 yrs.||Vehicle may be impounded for 1- 90 days, if the offense occurred within 5 yrs. of 2 or more prior offenses; vehicle may be sold if violation occurred within 7 yrs. of 2 or more separate offenses|
|Fourth Offense or more||Fine: $390-$1,000 Prison: 180 days to 3 yrs.||Required||License revocation for 4 yrs.||Vehicle may be impounded for 1-90 days, if offense occurred within 5 yrs of 2 or more prior offenses; vehicle may be sold if violation occurred within 7 yrs. of 2 or more separate offenses.|
|Refusal to Submit to Alcohol Testing||1 yr. suspension, 2 yr. suspension if prior conviction within 10 yrs., 3 yr. suspension if three or more convictions within 10 yrs.|
D. New Mexico Law
Driving Under the Influence of Alcohol or Drugs
See also MVD New Mexico DWI Information
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 88,000 deaths and 2.5 million years of potential life lost (YPLL) each year in the United States from 2006 – 2010, shortening the lives of those who died by an average of 30 years. Further, excessive drinking was responsible for 1 in 10 deaths among working-age adults aged 20-64 years. The economic costs of excessive alcohol consumption in 2010 were estimated at $249 billion, or $2.05 a drink.”
CDC Fact Sheets: Alcohol Use and Your Health
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 or wine cooler.
- 8-ounces of malt liquor.
- 5-ounces of wine.
- 1.5-ounces of 80-proof 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
According to the Dietary Guidelines for Americans, if you drink alcoholic beverages, do so in moderation, which is defined as no more than 1 drink per day for women and up to 2 drinks per day for men. However, there are some persons 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 alcoholism or are unable to control the amount they drink.
- Suffering from certain medical conditions.
- Driving, planning to drive, or participating in other activities requiring skill, coordination, and alertness.
By adhering to the Dietary Guidelines, people can reduce the risk of harm to themselves and others.
Short-Term Health Risks
Excessive alcohol use has immediate effects that increase the risk of many harmful health conditions. These are most often the result of binge drinking and include the following—
- Injuries, such as motor vehicle crashes, falls, drownings, and burns.
- Violence, including homicide, suicide, sexual assault, and intimate partner violence.
- Alcohol poisoning, a medical emergency that results from high blood alcohol levels.
- Risky sexual behaviors, including unprotected sex or sex with multiple partners. These behaviors can result in unintended pregnancy or sexually transmitted diseases, including HIV.
- Miscarriage and stillbirth or fetal alcohol spectrum disorders (FASDs) among pregnant women.
- Long-Term Health Risks
Over time, excessive alcohol use can lead to the development of chronic diseases, neurological impairments and social problems. These include but are not limited to—
- High blood pressure, heart disease, stroke, liver disease, and digestive problems.
- Cancer of the breast, mouth, throat, esophagus, liver, and colon.
- Learning and memory problems, including dementia and poor school performance.
- Mental health problems, including depression and anxiety.
- Social problems, including lost productivity, family problems, and unemployment.
- Alcohol dependence, or alcoholism.
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 the United States Drug Enforcement Agency, “You hear about drugs on TV and in the movies, on the radio, in books and magazines, on the Internet, and in daily conversation with friends and peers. Some of the information is accurate, but a lot of it is not.”
Here are a few realities to consider:
- You can’t predict the effect that a drug can have on you—especially if it’s the first time you try it, and even if it’s a small amount or dose. Everyone’s brain and body chemistry are different. Everyone’s tolerance for drugs is different.
- Using drugs can lead to abuse, addiction, serious health problems, and even death.
- Drugs that are legal—prescription and over-the counter (OTC) medications—can be just as dangerous as illegal drugs.
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 Drug Fact Sheets and the DEA’s Drugs of Abuse publication for the latest information.
- See also: National Institute on Drug Abuse: The Science of Drug Abuse and Addiction
National resources and references on drugs and alcohol include:
- National Institute on Alcohol Abuse and Alcoholism
- College Drinking - Changing the Culture
- National Institute on Drug Abuse
- Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention
- The Partnership at Drugfree.org
- Substance Abuse and Mental Health Services Administration
- Centers for Disease Control and Prevention
- Commonly Abused Drugs
- Drug Enforcement Administration
Care and Treatment
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
- Parton Center for Health and Wellness - Centeno House (Students)
- Health Service: 802.443.5135
- Counseling: 802.443.5141
- Brief Alcohol Screening for College Students (BASICS): 802.443-5141
- Employee and Family Assistance Program: (1.800.828.6025) (faculty and staff)
- Alcoholics Anonymous/Local AA Meetings
- Vermont Drug Treatment
- Vermont Department of Health
- Friends of Recovery-Vermont
Middlebury Institute of International Studies at Monterey
- Well Connect (Students)
Resources include connection with local service to help treat substance abuse.
866-640-4777; You may also visit www.wellconnectbysrs.com to get started. MIIS student access code is MIIS-STU.
- Employee and Family Assistance Program (Faculty and Staff)
Middlebury’s Employee and Family Assistance Plan provides confidential counseling and referral services.
Administered by: e4Health; 800-828-6025
- e4Health Log In:
- Username: middlebury college
- Password: guest
Alcoholics Anonymous/Local AA Meetings
- Monterey Bay Area Intergroup of Alcoholics Anonymous
Other Substance Abuse Resources
- California Substance Abuse
- The Beacon House
Drug and Alcohol Abuse Treatment Center
- Monterey County Area Narcotics Anonymous
- Community Hospital of the Monterey Peninsula (CHOMP)
Bread Loaf School of English (Santa Fe, NM)
- Alcoholics Anonymous
Central Office of Santa Fe Intergroup
A Better Today Recovery Services
Updated on September 27, 2019
- Recovery Center
Department of Public Safety
125 South Main St.
Middlebury, VT 05753