CCCS Internal SP 19-30a – Drug Free Schools
Colorado Community College System / System Procedure
SP 19-30a
EFFECTIVE: October 1, 1990
RETITLED: September 14, 2000
RETITLED: August 25, 2001
REVISED: March 27, 2015
REVISED: April 13, 2022
RENUMBERED: April 13, 2022
APPENDIX REVISED: September 8, 2023
REFERENCE(S): Board Policy (BP) 19-30, Drug-Free Schools
APPROVED:
/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor
APPLICATION
This procedure applies to the Community College System, including its Colleges (CCCS or System).
BASIS
Board Policy (BP) 19-30 provides that all Colleges within CCCS must comply with the Drug-Free Schools and Communities Amendments Act of 1989 (the Act).
PROCEDURE
Each College shall adopt and implement a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.
The program shall consist, at a minimum, of the following:
- Develop, implement and annually distribute the College’s Drug and Alcohol Abuse Prevention Program (Program) to all students and employees (see Appendix A, Sample Program). Distribution requirement may be satisfied by inclusion of the Program in class schedule(s), catalog(s), direct mail bill(s), College issued email(s), or any other method that will accomplish notice. Additionally, the program information can be posted on the web with notification made to students and employees using the exact web address as to the location of the information. Colleges must have a plan to distribute the Program to new students and employees who enroll or are hired after the annual notification. The Human Resources and Student Services offices shall keep records, in order to document distribution to all employees and students.
- Review the Program biennially, in every even-numbered year, to determine its effectiveness, implement necessary changes, and ensure that sanctions are consistently enforced. The report should be completed by the College and made available to the public upon request by October 1st of every even-numbered year.
RECORDKEEPING
Colleges shall keep records documenting compliance with the Act for a minimum of three years after the federal fiscal year in which the record was created.
REVISING THIS PROCEDURE
CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
APPENDIX A
Drug and Alcohol Abuse Prevention Program
(Sample)
[COLLEGE NAME] is a Community College governed by the State Board for Community Colleges and Occupational Education (Board). Board Policy 19-30, Drug-Free Schools, requires the College to comply with the Drug-Free Schools and Communities Amendments Act of 1989 (20 U.S.C. § 1011i). The College has adopted the following Drug and Alcohol Abuse Prevention Program.
STANDARD OF CONDUCT
In compliance with the federal Drug-Free Schools and Communities Amendments Act, [COLLEGE] prohibits the unlawful manufacture, dispensation, possession, use, or distribution of a controlled substance (illicit drugs and alcohol) of any kind and in any amount, including marijuana. These prohibitions cover any individual’s actions which are part of any College activities, including those occurring while on College property or in the conduct of College business away from the campus. A student or employee who violates this policy will be subject to both criminal sanctions and College sanctions as described below.
LEGAL SANCTIONS FOR VIOLATION OF THE STANDARDS OF CONDUCT
Any student or employee who is convicted of the unlawful manufacture, distribution, dispensation, possession, use/abuse of illicit drugs or alcohol is subject to criminal penalties under local, state, and federal law. Following is a non-exhaustive list of drug and alcohol sanctions, which may be amended by subsequent legislation.
- Federal Sanctions
- A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug distribution convictions may result in denial of federal benefits for up to five years for a first conviction, ten years for a second conviction and permanent denial for subsequent convictions. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions. 21 U.S.C. § 862.
- Penalties for federal drug possession charges start with up to one year in prison and a fine of no less than $1,000. Subsequent convictions face more severe prison sentences (up to three years) and fines ($5,000). 21 U.S.C. § 844.
- Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved. The minimum penalty for a conviction is one year in prison and a fine up to $100,000, and maximum penalty is life in prison and a fine up to $10,000,000. If the conviction involves death or serious bodily injury, or an individual has prior drug convictions, the penalties are more severe. 21 U.S.C. § 841. A complete chart of federal drug trafficking sanctions, maintained by the U.S. Drug Enforcement Agency, is included at the end of this section and can be found here: https://www.dea.gov/drug-information/drug-policy.
- State of Colorado Sanctions
- State laws regulating the production, dispensation, possession, and use of alcohol and drugs are generally found in Titles 12 and 18 of the Colorado Revised Statutes (C.R.S.).
- At the state level, drug offenses are classified as petty offenses, misdemeanors, or felonies. Petty offenses may carry a fine up to $100 and community service. Misdemeanor offenses range from a $50 fine to 18 months in jail and/or a fine up to $5,000. Felony drug offenses range from 6 months to 32 years imprisonment, and fines ranging from $1,000 to $1,000,000. Title 18, Article 1.3 and Article 18, C.R.S.
- A person under the age of 21 who possesses alcohol or less than two ounces of marijuana, or who consumes alcohol or marijuana, may be subject to a fine up to $100 and/or mandated substance abuse education for a first time offense. Subsequent offenses carry higher fines, up to $250, submission to a substance abuse assessment, and up to 36 hours of useful public service. C.R.S. § 18-13-122.
- Provision of alcohol to any person under the age of 21, a visibly intoxicated person, or a known alcoholic is a misdemeanor and may be punishable by a fine of up to $5,000 and/or 18 months in jail. C.R.S. § 44-3-904.
- Operation of a motor vehicle while under the influence of alcohol and/or drugs can be subject to a $1,000 fine, and/or up to one year in jail, license revocation, and community service for a first time offense. Driving while ability impaired, a lesser offense, can be subject to 180 days in jail and up to $500 in fines. Subsequent DUI or DWAI offenses are subject to higher fines and jail time. C.R.S. §§ 42-4-1301—1308.
- Local Sanctions
- Depending on where the College is located, local ordinances may also prohibit a variety of offenses for drug and alcohol violations. More information can be found at: https://library.municode.com/co.
Overall, the exact penalty assessed depends upon the nature and severity of the individual offense, as well as prior convictions.
[INSERT: “Federal Trafficking Penalties” from pages 38 and 39: https://www.dea.gov/documents/2022/2022-12/2022-12-02/drugs-abuse-2022.]
PENALTIES WHICH MAY BE IMPOSED BY THE COLLEGE
Students and/or employees who violate the above standard of conduct will be subject to disciplinary action pursuant to the applicable student and employee disciplinary policies and procedures. The sanctions may include, but are not limited to, a requirement to complete an appropriate rehabilitation or re-entry program, discipline up to and including expulsion for students and termination for employees, and/or referral to authorities for prosecution.
HEALTH RISKS ASSOCIATED WITH USE OF ILLICIT DRUGS AND ALCOHOL ABUSE
There are numerous health risks associated with drug and alcohol abuse, which may include, but are not limited to:
- Risk of dependence;
- Short-term effects: mild dehydration, vomiting, blackouts/short-term memory loss, sleeplessness, anxiety, restlessness, and inflammation;
- Long-term effects: malnutrition, brain damage, heart disease, pancreatitis, cirrhosis of the liver, mental illness, death, low birth weight babies, and babies with drug addictions; and/or
- Risk of overdose
More specific information about the health effects of alcohol and commonly used drugs can be found on the National Institutes of Health websites: www.niaaa.nih.gov and www.drugabuse.gov.
AVAILABLE COUNSELING, TREATMENT, REHABILITATION, OR RE-ENTRY PROGRAMS
Information on available counseling, treatment, rehabilitation, or re-entry programs is available at [CAMPUS OFFICE NAME and consider listing programs below] or the Colorado Department of Public Health and Environment, https://cdphe.colorado.gov.