DRUG-FREE Schools and Community Act

Schools and community Act

STANDARDS OF CONDUCT
LEGAL PROHIBITIONS AND SANCTIONS
HEALTH RISK
DISCIPLINARY SANCTIONS
DRUG AND ALCOHOL SERVICES

Drug-free Campus Policy

Standards of conduct for employees and students regarding alcohol and drugs

The illegal possession, use or distribution of drugs or alcohol by students and employees is a violation of Metropolitan Community College rules as well as state and federal laws. The MCC Board of Governors has directed officers of the College to cooperate with state and federal agencies in the prevention of drug abuse. In satisfaction of this mandate and in order to fulfill obligations under the Drug-Free Workplace Act of 1988, 41 U.S.C. § 701 and the Drug-Free Schools and Communities Act of 1989, 20 U.S.C. § 1145g, the College has formulated standards of conduct for its employees and students that prohibit the following acts:

1. Use, possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia on College premises, while on College business, at College activities or in College-supplied vehicles, either during or after working hours
2. Unauthorized use, possession, manufacture, distribution or sale of a controlled substance as defined by the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq. or Nebraska Drug Control Laws, Neb. Rev. Stat. §§ 28-401 on College premises, while on College business, at College activities or in College-supplied vehicles either during or after working hours
3. Unauthorized use, possession, manufacture, distribution or sale of alcohol on College premises, while on College business, at College activities or in College-supplied vehicles either during or after working hours
4. Storing in a locker, desk, vehicle or other place on College-owned or occupied premises any unauthorized controlled substances, drug paraphernalia or alcohol
5. Use of alcohol off College premises that adversely affects an employee or student’s work or academic performance or an employee or student’s safety or the safety of others
6. Use, possession, manufacture, distribution or sale of illegal drugs off College premises that adversely affects the employee’s work performance or the student’s academic performance or an employee or student’s safety or the safety of others
7. Violation of state or federal laws relating to the unauthorized use, possession, manufacture, distribution or sale of alcohol, controlled substances or drug paraphernalia
8. Employee's failure to notify his/her supervisor of an employee’s arrest or conviction under any criminal drug statute as a result of a violation of law that occurs at MCC

Employee Assistance Program for regular faculty and staff (PM VI-19)

The services of a College-supported Employee Assistance Program are available to all regular faculty and staff and their dependent family members needing short-term counseling, assessment and/or referral. EAP counselors are available to assist these individuals in dealing with problems such as substance abuse, family distress, financial or legal concerns, nervous disorders or other personal issues.

The EAP provides 24-hour access, via the toll-free number, to professional counselors each day of the year. Appointments can be scheduled during convenient day, evening or weekend hours.

402-354-8000 (confidential appointments)

800-666-8606 (24-hour, toll-free number)

The EAP also provides online monthly information on a variety of topics like stress during the holidays, listening skills and relationships. Visit bestcareeap.org to access this information.

Drug and Alcohol Counseling

Students

There are many drug and alcohol counseling, treatment and rehabilitation services located in the College’s four-county service area.

Information and referral offices

Drug abuse and alcoholism treatment and counseling services

Halfway house programs

Self-help programs

Disciplinary Sanctions

Students

Violations of the Student Code of Conduct (Procedures Memorandum V-4) may result in the imposition of sanctions up to and including expulsion from this institution and referral for prosecution by the proper authorities under local, state and/or federal law. One or more of the following sanctions may be imposed as provided in the Student Code of Conduct and Disciplinary Procedures: admonition, disciplinary probation, suspension, dismissal (expulsion) or any other action considered necessary or appropriate by College officials.

Faculty and Staff

Violation of the employee standards of conduct may result in the imposition of sanctions up to and including termination of employment, possible referral to law enforcement agencies and/or completion of an appropriate drug abuse assistance program or rehabilitation program. See Procedures Memorandum VI-24 for more information.

Description of applicable legal sanctions under federal, state or local law for unlawful possession or distribution of illicit drugs and alcohol can be found in the links below or the Appendix documents.

The information on the following pages summarizes selected provisions of federal, state and local laws that provide criminal and civil penalties for unlawful possession or distribution of drugs and alcohol.

To Find the Federal violations for:

Trafficking, possession, controlled substance violations and other crimes/activities, as well as racketeering, smuggling, laundering money from controlled substance violations and tax offenses can be found at:

drugabuse.com/penalties

Appendix A1

Nebraska sanctions under Nebraska Law for Unlawful Possession or Distribution on Anabolic Steroids, Marijuana and Hashish or Other Substances containing Tetrahydrocannabinols

Appendix A2

Sanctions Under Nebraska law for Unlawful Possession or Distribution of Illicit Drugs

Appendix B

Drugs of Abuse/uses and the effects on the human body

Selected Nebraska Alcohol Offenses

Minor in Possession

It is against the law for a person under the age of 21 years to possess alcohol. Neb. Rev. Stat. § 53-180.02 (Reissue 1998). Violation of this law is punishable by three months’ imprisonment or $500 fine or both. Neb. Rev. Stat. § 53-180.05 (1) and § 28-106 (1) (Cum. Supp. 1998). As part of sentencing, a judge may order an offender to become part of a public work detail under the supervision of the county sheriff for not more than 10 days in lieu of the above penalties. Neb. Rev. Stat. § 53-180.05 (1).

Procuring alcohol

It is a violation of Nebraska law to sell, give away, dispose of, exchange, deliver or permit the sale, gift or procuring of any alcoholic liquors to or for any minor or to any person who is mentally incompetent. Neb. Rev. Stat. § 53-180). Violation of this law is punishable by not more than one year imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 53-180.05 (1) (and § 28-106 (1).

Consumption on public property

It is a violation of Nebraska law for any person to consume alcoholic liquors in the public streets, alleys, parking areas, roads or highways; or inside vehicles while upon the public streets, alleys, parking areas, roads or highways; or upon property owned by the state or any governmental subdivision thereof, unless authorized by the governing bodies having jurisdiction over such properties.
Neb. Rev. Stat. § 53-186).

A violation of this statute is punishable on the first offense by a fine of up to a maximum of $100; a second offense within two years is punishable by a fine not less than $100 and not more than $300; a third offense within two years is punishable by a fine of not less than $200 and not more than $500. Neb. Rev. Stat. § 29- 436).

Driving while intoxicated

Listed is a link to a website listing the penalties for driving while intoxicated in Nebraska.
dmv.org/ne-nebraska/

Local laws may also make it a crime to operate a motor vehicle under the influence of alcohol or to commit certain acts involving the consumption or possession of alcohol (e.g. open container laws).

State penalties and sanctions for illegal possession of controlled substances

The framework for the regulation of most drugs, also called controlled substances, is set out in the Uniform Controlled Substances Act. In addition, there are other Nebraska state laws that establish penalties for various drug-related offenses that are summarized in the chart in Appendix A1 and A2.

Crimes involving minors

Any person 18 years of age or older who distributes, delivers or sells controlled substances to a person under the age of 18 years shall be punished by the next-higher penalty classification for a first offense or second offense involving drugs such as heroin, speed, cocaine, LSD or pentazocine. The law also provides for an enhanced penalty for anyone 18 years of age or older who employs, uses, persuades or coerces any person under the age of 18 years to manufacture, transport, distribute, carry, deliver, dispense or possess with intent to do the same of a controlled substance or a counterfeit controlled substance. Neb. Rev. Stat. § 28-416(4) and (5).

Tax Provisions

Anyone who possesses or sells the following amounts of controlled substances must pay the appropriate taxes to the Nebraska Department of Revenue and have the stamps attached to the controlled substances:

• Marijuana is taxed at $100 for each ounce or portion of an ounce.
• Any controlled substance that is sold by weight or volume (i.e., cocaine, crack, methamphetamine, etc.) is taxed at $150 for each gram or portion of a gram.
• Any controlled substance that is not sold by weight (i.e., LSD, quaaludes, methamphetamine in tablets, PCP, etc.) is taxed at $500 for each 50 dosage units or portion thereof.
• Failure to have the proper tax stamps attached to the controlled substance carries a criminal penalty of up to five years imprisonment or a $10,000 fine or both. A penalty equal to 100 percent of the unpaid tax will also be assessed, and both the tax and the penalty may become a lien upon the property owned by the person against whom the tax is assessed. Neb. Rev. Stat. §§ 77-4301 to 77-4316

Property Forfeiture

Property used to manufacture, sell or deliver controlled substances can be seized and forfeited to the state. Property subject to forfeiture may include cash, cars, boats and airplanes. Neb. Rev. Stat. § 28- 431

Being under the influence of any controlled substance for unauthorized purpose

It is a violation of Nebraska law to be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings. Neb. Rev. Stat. § 28-417(1) (g)

Drug paraphernalia offenses

It is a violation of Nebraska law to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Neb. Rev. Stat. § 28- 441(1). Drug paraphernalia is defined to include such things as hypodermic syringes, needles, pipes and bongs and other items used, intended for use or designed for use with controlled substances. Neb. Rev. Stat. § 28-439). It is unlawful to deliver or manufacture drug paraphernalia. Neb. Rev. Stat. § 28-442. It is a violation of Nebraska law for a person 18 years of age or older to deliver drug paraphernalia to a person under the age of 18 who is at least three years his/her junior. Neb. Rev. Stat. § 28-443.

A violation of Neb. Rev. Stat. § 28-441 is punishable by a fine of not more than $100 for a first offense; not less than $100 and not more than $300 for a second offense; and not less than $200 and not more than $500 on a third or subsequent conviction. Neb. Rev. Stat. §§ 28-441 and 29-436). The penalty for violation of Neb. Rev. Stat. § 28-442 is not more than six months imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 28-442 and § 28-106 (1). The penalty for violation of Neb. Rev. Stat. § 28-443 is imprisonment for not more than one year or $1,000 fine or both.
Neb. Rev. Stat. § 28- 443 and § 28-106 (1)

Imitation controlled substances

It is a violation of Nebraska law to knowingly, intentionally manufacture, distribute, deliver or possess with intent to distribute or deliver an imitation controlled substance. An imitation controlled substance is a substance that is not a controlled substance but that is represented to be an illicit controlled substance. Neb. Rev. Stat. § 28-445. First offense violations of this law are punishable by three months imprisonment or $500 fine or both. A second offense violation of this statute is punishable by not more than six months imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 28-445) and § 28-106 (1)

Controlled substance analogue

For purposes of Nebraska's Uniform Controlled Substance Act, analogue controlled substances (often called designer drugs) are treated as controlled substances. Such an analogue is defined as (a) substantially similar in chemical structure to the chemical structure of a controlled substance or (b) having a stimulant, depressant, analgesic or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the effect of a controlled substance.
Neb. Rev. Stat. § 28-401 (36)

Nondiscrimination and Equal Opportunity Statement

Metropolitan Community College does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, transgender status, marital status, age, disability, current or prior military service, protected veteran status or membership in any other class that is protected under local, state or federal law or regulation in admission or access to its programs and activities or in its treatment or hiring of employees. The College complies with Title VI of the Civil Rights Act of 1964, the Civil Rights Act of 1990, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of l975 and related Executive Orders 11246 and 11375 and all amendments to the above.

Contacts: Concerning Title VI (race), Title IX (gender equity), Section 504 (disability), Americans with Disabilities Act/Program and Services Accessibility and Age, contact:

• Vice president for Student Affairs: 531-MCC-2430, mvazquez@mccneb.edu or dean of Student Advocacy and Accountability: 531-MCC-2202, jlangholdt@mccneb.edu (students);
• Associate vice president of Human Resources: 531-MCC-2236, mlbeber@mccneb.edu (employees);
• Director of Facilities: 531-MCC-2546 — sakardell@mccneb.edu (accessibility); or
• United States Department of Education Assistant Secretary for Civil Rights–Office for Civil Rights (OCR): 1-800-421-3481, ocr@ed.gov.

Concerning hiring and employment-related complaints of discrimination or harassment based on race, color, national origin, religion, sex, sexual orientation, gender identity, transgender status, marital status, age, disability, current or prior military service, protected veteran status or membership in any other class that is protected under local, state or federal law or regulation, or affirmative action or diversity issues, contact:

• Associate vice president for Equity and Inclusion: 531-MCC-2649, cgoochgrayson@mccneb.edu

The address for all of the above individuals is as follows:
Metropolitan Community College
5300 N. 30th Street
P.O. Box 3777
Omaha, NE 68103-0777

Appendix A

State of Nebraska drug Penalties

The below listed penalties can be modified at any time by the Nebraska Legislature or a court case decision.

To find the Federal violations for:

Trafficking, possession, controlled substance violations and other crimes/activities, as well as racketeering, smuggling, laundering money from controlled substance violations and tax offenses can be found at: drugabuse.com/penalties

Appendix A1

1 "Anabolic steroid shall mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids), that promotes muscle growth and includes any controlled substance in Schedule III(d) of Section 28-405." Neb. Rev. Stat. § 28-401 (31) (Reissue 2016).

2 "Hashish or concentrated cannabis shall means (a) The separated resin, whether crude or purified, obtained from a plant of the genus cannabis or (b) any material, preparation, mixture, compound or other substance which contains 10% or more by weight of tetrahydrocannabinols." Neb. Rev. Stat. § 28-401(27) (Reissue 2016).

3 "Marijuana" is defined at Neb. Rev. Stat. § 28-401(13) (Reissue 2016).

4 Nomenclature for these cannabinoids is not internationally recognized and may change; so as long as the chemical structure of a drug fits into this drug’s enumerated categories, it shall be included. See Neb. Rev. Stat. § 28-405, Schedule I (c)(25) (Reissue 2016).

Appendix A2

1 Outlined in Neb. Rev. Stat. § 28-416 (Reissue 2016).

2 All references are to the controlled substances schedules enumerated in Neb. Rev. Stat. § 28-405 (Reissue 2016).

3 “Exceptionally Hazardous Drug” is defined in the Uniform Controlled Substances Act, Neb. Rev. Stat. § 28-401 (28) (Reissue 2016).

Appendix B