Student Affairs

Alcohol and Drug Use Policies

Clemson University Student Handbook

Alcohol and Other Drugs Policies - Fall 2011

Clemson University recognizes that the illegal and/or abusive use of alcohol or drugs by members of the University community jeopardizes the safety of the individual and others, and it is not conducive to the academic learning process. This policy is implemented in compliance with the Drug-Free Schools and Communities Act to promote the health and safety of our students.

Clemson University's Employee Drug and Alcohol policy can be found at
http://workgroups.clemson.edu/FIN5337_HR_POLY_PROC_MANUAL/view_document.php?id=116.

I. Standards of Conduct

Clemson University prohibits the illicit or unauthorized manufacture, use, possession, distribution or dispensation of alcohol or illegal drugs on University property or as part of any University activity. More specifically:

a. No student shall unlawfully manufacture, use, possess, distribute or dispense any illegal drug, controlled substance or alcohol.

b. No student under 21 years of age shall possess, sell, purchase or consume alcoholic liquor, beer or wine.

c. No student of legal age shall purchase for, or sell or provide to, a person under 21 years of age any alcoholic liquor, beer or wine.

d. No student of legal age shall possess or consume alcoholic liquor, beer or wine except in areas designated by the University.

See the full Student Code of Conduct at www.clemson.edu/administration/student-affairs/student-handbook/code-of-conduct/index.html.

II. Disciplinary Sanctions

The University, through the Office of Community and Ethical Standards (OCES), will impose disciplinary sanctions on students who violate the above standards of conduct. The severity of the imposed sanctions will be appropriate to the violation. The disciplinary sanctions that may be imposed include but are not limited to: admonition, censure, probation, restriction of privileges, eviction from University housing, suspension, expulsion and referral for prosecution. In addition to the disciplinary sanctions, students may be referred to Counseling and Psychological Services (CAPS) for assessment and follow-up.

III. Federal/State Laws Related to Alcohol and Drugs

A summary of state and federal alcohol and drug laws is available on page five of this policy. This list is not meant to be an exhaustive or definitive statement of all applicable laws, but rather it indicates the types of conduct that are against the law and the range of legal sanctions that can be imposed for such conduct.

A further overview of federal laws governing the possession, use and distribution of alcohol and illegal drugs is available at www.usdoj.gov/dea/agency/penalties.htm.

IV. Consumption or Possession of Alcoholic Liquor, Beer or Wine by Students on University Property

The consumption or possession of beer or wine by students 21 years old or older is allowed in their private rooms in University housing in accordance with the Clemson University Housing contracts (available online at
www.clemson.edu/campus-life/housing/rates-contracts.html) and in other designated areas on University property in accordance with the Clemson University Facility Use policy (available online at
http://www.clemson.edu/studentaffairs/campuslife/studentcenter/multimedia/pdf/facility-use-policy.pdf). The consumption or possession of alcoholic liquor, beer or wine by students on University property other than as provided above is prohibited.

Student Employee Drug Conviction Reporting Requirement

All student employees are required to report any conviction under a criminal drug statute for any violation occurring in the workplace or as part of any University activity. A conviction means a finding of guilt (including a plea of nolo contendere) or imposition of a sentence or both by any federal or state judicial body charged with such responsibility.

This report must be made within five days of the conviction to the employee's supervisor and to the Associate Chief Human Resources Officer or designee. In the event that the convicted employee was employed in the performance of a federal contract or grant or state contract or grant, the Associate Chief Human Resources Officer or designee shall immediately notify the Vice President for Research so that the sponsoring federal or state agency can be notified within 10 days of the date the University received notification, as required by federal and state law.

Within 30 days after the University's receipt of a drug conviction report, the appropriate supervisory authority will either take appropriate personnel action against the employee, consistent with federal and state law and regulations and the Rehabilitation Act of 1973, as amended, or require the employee to participate successfully in a drug abuse assistance or rehabilitation program approved for such purposes.

 V. Health Risks Related to Drugs and Alcohol

Drug-Related Health Risks

Health risks of using drugs include both physical and psychological effects. The health consequences of drugs depend on the frequency, the duration and the intensity of use. For all substances, there is a risk of overdose. Overdose can result in coma, convulsions, psychosis or death. Combinations of certain drugs can be lethal. Continued use of a substance can lead to tolerance (requiring more and more of the drug to get the same effect), dependence (physical or psychological need) or withdrawal (a painful, difficult and dangerous symptom when stopping the use of drugs). Long-term, chronic use of drugs can lead to malnutrition, damage to organs and psychological problems. 

Alcohol-Related Health Risks

Alcohol is a depressant. Low doses significantly impair the judgment and coordination needed to operate vehicles. Small amounts can also lower inhibitions. Moderate to high doses cause marked impairments in higher mental functions, loss of memory and loss of the ability to learn and remember information. High doses cause respiratory depression and death. Long-term consumption, particularly when combined with poor nutrition, can also lead to dependence and permanent damage to vital organs such as the liver and the brain. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce effects seen at higher doses. Women who drink alcohol during pregnancy increase the risk of birth defects, miscarriage and still birth. In addition, research indicates that children of alcoholic parents are at an increased risk of becoming alcoholics. Use and abuse of alcohol may also lead to unsafe and/or nonconsensual sex and unwanted pregnancy, and it may cause defects, injury or death in unborn children. 

For more information, see South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) at www.daodas.state.sc.us/.

VI. Services for Alcohol and Drug Use/Abuse

The following is a brief summary of various on- and off-campus opportunities for prevention, intervention and treatment for alcohol and drug abuse:

A. Prevention Education opportunities are available through the Office of Health Promotion, (864) 656-0141 and through Counseling and Psychological Services (CAPS) (864) 656 2451.  In addition, the EMpower Clemson office assists various departments in curriculum planning, event planning and appropriate referral services. For further information and to view more service providers, please go to www.clemson.edu/redfern or www.clemson.edu/empower.

  B. Intervention Counseling and Psychological Services (CAPS), (864) 656-2451, provides individual and group counseling in resolving personal problems and concerns including those associated with alcohol and drug abuse. Through the Assessment, Choices, Training and Transitions program (ACTT), a student can undergo a thorough evaluation that leads to recommendations including educational, psycho-educational and psychotherapeutic interventions within a group and individual format.

C. Treatment Behavioral Health Service of Pickens County provides alcohol and drug services for this community, (864) 896-5800. In addition, the Department of Alcohol and Other Drug Abuse Services (DAODAS) is available as a resource for counseling and/or treatment admissions,

(803) 896-5555. Local Alcoholic (AA) and Narcotics Anonymous (NA) groups can be found at www.area62.org/area62/lookup.htm. Clemson University is located in area 62. In addition, students needing aftercare can be served through CAPS.

VII. Responsible Administrative Office

The Vice President for Student Affairs or designee shall be responsible for overseeing all actions and programs relating to this policy. The Vice President for Student Affairs or designee shall conduct a biennial review of the policy and its implementation to determine its effectiveness, make necessary changes and ensure that disciplinary sanctions are consistently enforced.

VIII. Distribution of Alcohol and Other Drugs Policy

This policy will be made available to students annually in electronic format.

IX. Philosophical Statement on Alcohol and Students

Because alcohol is traditionally the most widely used drug on college campuses, Clemson University has adopted a philosophical statement on alcohol and students:

Clemson University acknowledges the problems associated with underage and high-risk drinking and is committed to promoting the health, safety and personal responsibility of its students. The University provides education, programs and policies to empower students to make responsible decisions in regard to alcohol management.

Each individual retains responsibility for his or her own actions at all times regardless of his or her mental state, even if altered by alcoholic beverages or other drugs.

For more information on alcohol safety and alcohol-related resources available to the Clemson University community, go online to review Clemson's Alcohol Philosophy Statement or www.clemson.edu/empower.

Below is a summary of South Carolina alcohol and drug laws. This is not meant to be an exhaustive listing:

STATE LAW

PENALTY

 SC CODE OF LAWS  SECTION

STATE LAW - ALCOHOL

Purchase, consumption or possession of  beer, wine or alcoholic liquors under the age of 21

Fine of $100 - $200 and/or imprisonment for not more than 30 days. Required completion alcohol prevention program.

§63-19-2440
§63-19-2450

Lying or providing false information about age for purpose of purchasing beer, wine or alcoholic liquors

Fine of $100 - $200 and/or imprisonment for not more than 30 days.

§ 61-4-60

Open container of beer or wine in motor vehicle

Fine up to $100 or imprisonment for not more than 30 days.

§ 61-4-110

Purchase of beer or wine for underage person

Fine of $200 - $300 and/or imprisonment for not more than 30 days for 1st offense.

§ 61-4-80

 

Fine of $400 - $500 and/or imprisonment for not more than 30 days for 2nd or subsequent offense.

 

Transfer of beer or wine to underage person

Fine of $200 - $300 and/or imprisonment for not more than 30 days for 1st offense.

§ 61-4-90

 

Fine of $400 - $500 and/or imprisonment for not more than 30 days for 2nd or subsequent offense.

see also §61-6-4070

May be sentenced under both statutes for same offense.

Altering and Fraudulent Use of Driver's License

Fine up to $200 or imprisonment for not more than 30 days for 1st offense.
Fine up to $500 or imprisonment for not more than 6 months for 2nd or subsequent offense.

§ 56-1-510

Operation a Motor Vehicle while Under the Influence of Drugs or Alcohol or Driving with an Unlawful Alcohol Concentration

Fines and/or imprisonment vary depending on number of offenses. Also suspension of license and required completion of Alcohol and Drug Safety program pursuant to § 56-5-2990.

Can also require installation of ignition interlock device for subsequent offender (§ 56-5-2941)

§ 56-5-2930
§ 56-5-2933

 

 

Felony Driving Under the Influence causing bodily harm or death to someone while driving under the influence of  alcohol, drugs or any combination thereof

Fine of $5,100 - $10,100 and mandatory imprisonment for 30 days - 15 years when great bodily injury results.
Fine of $10,100 - $25,100 and mandatory imprisonment for 1 to 25 years when death results.

Can also require installation of ignition interlock device for subsequent offender (§ 56-5-2941)

§ 56-5-2945

Contributing to Delinquency of a Minor - It is against the law for any person over 18 years of age to knowingly and willfully influence a minor to violate a law or ordinance.

Fine up to $3,000 and/or imprisonment for not more than 3 years

§ 16-17-490

Public Disorderly Conduct

 

Open Containers on Sundays (between 12:00 Saturday night and sunrise Monday morning)

Fine up to $100 or imprisonment up to 30 days.

 

Fine up to $100 or imprisonment up to 30 days.

§ 16-17-530

 

§ 16-4-140

 

STATE LAW - DRUGS

Possession and Distribution of Controlled Substances
(i.e., cocaine, crack, marijuana, etc.)

 

Possession manufacturing and trafficking of methamphetamine and cocaine based and other controlled substances

Penalty varies depending on circumstances of arrest, the drug type and the amount.

 

Penalty varies depending on circumstances of the arrest.

§ 44-53-370

 

 

§ 44-53-375

Distribution of Controlled Substance within Proximity of a School

Penalty varies depending on circumstances and drug. Fines can exceed $10,000 and/or imprisonment for up to 15 years.

§ 44-53-445

Possession or Sale of Drug Paraphernalia

 

Exposing of Child to Methamphetamine

 

 

 

 

Disposal of waste from production of methamphetamine

Fine up to $500 for individual. Fine up to $50,000 for corporations

 

1st Offense - up to  $5,000 fine and/or 5 years imprisonment

2nd or Subsequent Offense - up to $10,000 fine and/or up to 10 years imprisonment.

 

1st Offense - up to  $5,000 fine and/or 5 years imprisonment

2nd or Subsequent Offense - up to $10,000 fine and/or up to 10 years imprisonment.

§ 44-53-391

 

 

§ 44-53-378

 

 

 

§ 44-53-376

 

FEDERAL LAW - DRUGS

Summary of federal laws related to illicit drugs: Federal law prohibits the possession and distribution of illegal drugs.  The severity of sanction imposed depends on the type and quantity of drugs, prior convictions, and whether death or serious injury occurred. Penalties can be increased for offenses which involve distribution to minors. Federal laws require or permit forfeiture of personal or real property used to illegally possess, facilitate possession, transport or conceal a controlled substance.  A person's ability to purchase a firearm or receive federal benefits such as student loans, grants, contracts or professional or commercial licenses may be revoked or denied as a result of drug conviction.

For more detailed information about federal drug possession and trafficking penalties, see http://www.justice.gov/dea/druginfo/ftp3.shtml.

 

Contact: EMpower Office, 110 Hendrix Student Center, 864-656-3053