Pitzer College Alcohol and Drug Policy
Federal law requires Pitzer College to notify annually all faculty, staff, and students of the following:
The College prohibits the unlawful possession, use, manufacture or distribution of alcohol or controlled substances by students, faculty, staff, and guests in buildings, facilities, grounds or property controlled by the College or used as part of College activities. For students, this includes prohibiting the possession and consumption of any beverage containing alcohol in a residence hall room except by individuals who are twenty-one years or older. In addition, the smoking of any material is prohibited in all facilities at Pitzer College.
Consistent with its obligations under applicable laws, it is the policy of Pitzer College to maintain a drug and alcohol abuse free environment. All events involving the serving of alcohol in public areas in which individuals under age 21 will be in attendance, must be registered with the Office of Student Affairs.
The unlawful manufacture, possession, distribution, dispensation, sale, transportation, offer to sell, promotion, purchase and/or use of illicit drugs (as defined in schedules I through V of the Controlled Substances Act 21, U.S. Code 812, as amended) or unlawful alcohol on the Pitzer College campus, or at any off site activity sponsored by the College, is prohibited. In addition, employees shall not report for work or work under the influence of any drug or alcohol or other substance which will impair work performance, alertness, coordination or response, or affect the safety of others on the job. Controlled substances include, but are not limited to, such substances as marijuana, heroin, cocaine, barbiturates, amphetamines, and other narcotics.
Furthermore, the College does not condone abusive or inappropriate use of alcohol, including incidents of drunkenness or any level of intoxication during normal work hours. Employees, contract workers and authorized volunteers are expected to report to work with faculties unimpaired by illegal or controlled substances. Employees who report to, or, perform work for Pitzer College over the California legal permissable limit, violating this policy, will be subject to discipline, up to and including termination of employment; termination of project, contract or any other form of agreement; and debarment from campus.
Employees are subject to “probable/reasonable cause” drug/alcohol testing. This means that employees who, in the observation of their supervisors and Human Resources, exhibit behavioral or physical effects of drug or alcohol intoxication during working hours may be asked to undergo drug and/or alcohol testing.
Drug-Free Workplace Policy
As an institution of higher education, Pitzer College seeks to promote responsible decision making on the part of all members of the college community, especially in choices which affect their own health and safety as well as that of others. The irresponsible use and abuse of alcohol and drugs can result in serious health damage. Such behavior, in addition to being destructive to individuals, is destructive of the community environment that is a key element of Pitzer College. All community members, regardless of status, are subject to local, state and federal laws, as well as applicable campus policies, and, in light of our educational objectives, are to exercise personal and collective responsibility in regard to these laws and campus policies.
Prohibitions
Consistent with its obligations under applicable laws, it is the policy of Pitzer College to maintain a drug and alcohol abuse free environment. All events involving the serving of alcohol in public areas in which individuals under age 21 will be in attendance, must be registered with the Office of Student Affairs.
The unlawful manufacture, possession, distribution, dispensation, sale, transportation, offer to sell, promotion, purchase and/or use of illicit drugs (as defined in schedules I through V of the Controlled Substances Act 21, U.S. Code 812, as amended) or unlawful alcohol on the Pitzer College campus, or at any off site activity sponsored by the College, is prohibited. In addition, employees shall not report for work or work under the influence of any drug or alcohol or other substance which will impair work performance, alertness, coordination or response, or affect the safety of others on the job. Controlled substances include, but are not limited to, such substances as marijuana, heroin, cocaine, barbiturates, amphetamines, and other narcotics.
Reporting Obligations
In accordance with the Drug-Free Workplace Act of 1988, any employee who is convicted of a criminal drug statute violation occurring in the workplace or at any off-site activity sponsored by the College, must, within five (5) days after the conviction, notify Pitzer of such conviction by informing the Director of Human Resources, Dean of Faculty or the President. Appropriate Federal grant agencies will be notified within ten (10) days (as required by law) after we have been informed of such a conviction.
Applicability
All employees of Pitzer College, including faculty, staff and student employees, must comply with this policy as a condition of employment. Persons who are not employees of the College but who perform work at the College for its benefit (such as contractors and their employees, temporary employees provided by agencies, visitors engaged in joint projects, etc.) are required to comply with this policy. Violation of this policy by such persons is likely to result in their being barred from the workplace upon the first offense.
Health Risks
In addition to the detrimental effects on performance, health risks of drug abuse have been well researched and documented:
- All drugs are toxic or poisonous when abused. Health risks of drug abuse include, but are not limited to, sleep disorders, confusion, hallucinations, paranoia, deep depression, malnutrition, liver and kidney damage, cardiac irregularities, hepatitis, neurological damage, and the transmission of the AIDS virus through infected needles.
- Alcohol is a depressant. It depresses the central nervous system and can cause serious physical damage. Abuse of alcohol can damage the liver (cirrhosis), cause hypertension, cardiac irregularities, ulcers, pancreatitis, kidney disease, memory loss, tremors, malnutrition, vitamin deficiencies and cancer of the esophagus, liver, bladder or lungs.
- Abuse of alcohol or drugs during pregnancy increases the risk of birth defects, spontaneous abortion, and stillbirth.
- Substance abuse often leads to on-the-job accidents and absenteeism.
Local, State and Federal Legal Sanctions
Local, State, and Federal laws establish severe penalties for unlawful possession or distribution of illegal drugs and alcohol. These sanctions, upon conviction, may range from a fine to life imprisonment. In the case of possession and distribution of illegal drugs, these sanctions could include the seizure and summary forfeiture of property, including vehicles. It is especially important to know that federal penalties for illegally distributing drugs include life imprisonment and fines in excess of $1,000,000. Some examples of local or State laws are:
- Unlawful possession of a narcotic drug is punishable by imprisonment in a State prison.
- The purchase, possession or consumption of any alcoholic beverage (including beer and wine) by any person under the age of 21 is prohibited.
- It is not permissible to provide alcohol to a person under the age of 21.
- Selling, either directly or indirectly, any alcoholic beverage to anyone, except under the authority of the California Alcoholic Beverage Control License, is prohibited.
- It is a felony to induce another person to take various drugs and “intoxicating agents” with the intent of enabling oneself or the drugged person to commit a felony. The person who induced the other may be a principal in any crime committed.
- Any person found to be under the influence of an intoxicating liquor or drug in a public place and unable to care for his/her own safety or interfering with the use of a public way is guilty of disorderly conduct which is a misdemeanor.
Available Resources, Education, and Assistance
The College recognizes drug and alcohol dependency as treatable conditions and offers support programs through the College’s Employee Assistance Program (EAP) and health insurance plans.
Faculty and staff members who are concerned about problems related to substance use, abuse and rehabilitation are encouraged to seek assistance through these resources. The Employee Assistance Program (EAP) provides free counseling sessions to all benefit-eligible employees and their family members (5 for employee, 5 for spouse or domestic partner, 5 for dependents, for a maximum of 15 sessions per family, or 10 per couple.) Continued appointments at low-cost rates may be arranged. To access the OptumHealth EAP call (800) 234-5465. The contact is completely confidential. In addition, you may contact the Director of Human Resources, ext. 78533, who will provide other confidential referrals as a constructive way for employees to deal voluntarily with drug and alcohol related problems.
Student employees should contact the Office of Student Affairs for information about confidential referrals and educational assistance. A Substance Abuse Counselor is available for counseling and interventions. The Counselor is available to students in the evenings and is on-call 24 hours a day for emergency situations. The Counselor is also an available resource to faculty and staff in the areas of talking to students about the issues of substance abuse, intervention and prevention strategies, Alcoholics Anonymous and Narcotics Anonymous meetings and other referrals. In addition, students may contact CUC’s Health Education Outreach Office (HEO) for all kinds of health and wellness information and support. HEO is dedicated to helping you find the most appropriate resources including counseling, free and anonymous HIV testing, helpline information and referrals. HEO is located in the Tranquada Student Services Center and can be reached at extension 73602. Whenever the Claremont Colleges sponsor and present seminars or workshops on substance abuse, you are encouraged to take advantage of them. A biennial review of this program and policy will be conducted to determine its effectiveness.
Sanctions
Pitzer College will impose sanctions on individuals and/or organizations who violate this policy. These sanctions will be consistently enforced and penalties will depend on the severity of the offense. Penalties may include termination from employment and referral for prosecution of the most serious violations of law and this policy. For example, an employee found to be selling illegal drugs will be subject to discipline up to and including discharge from employment. Disciplinary action may be invoked entirely apart from any civil or criminal penalties which may apply to the employee or organization.
California and Local Alcohol & Drug Laws
Each member of the Pitzer community is individually and personally responsible for compliance with the applicable provisions of the law of the State of California. The following codes are provided for your information:
Possession by a Person(s) Under 21 Years of Age
Any person under the age of 21 years who has any alcoholic beverage in their possession on any street or highway or in any public place open to the public is guilty of a misdemeanor (PC.25662).
In 1988 California amended Bus. & Prof. Code 25662. The amendment states that peace officers who lawfully enter premises may confiscate alcoholic beverages which are in plain view and possessed by or provided to underage persons at social gatherings. The gatherings must be open to the public, have ten or more underage persons in attendance, with those under 21 consuming alcoholic beverages and no supervision by the parent or guardian of one or more of the participants. Alcoholic beverages in open containers that are confiscated may be destroyed while those in unopened containers shall be impounded for no more than seven working days after which they too may be destroyed. Unopened containers may be released within the seven days to the owner or resident of the property provided they are 21 years of age. (Bus. & Prof. Code 25662(b))
Sales, Furnishing Alcohol to a Minor
Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor (B & PC. 25658).
Any person under the age of 21 years who purchases any alcoholic beverage or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100), no part of which shall be suspended. The penalty is more severe under the Penal Code Section 272, which states if any person provides an alcoholic beverage to a minor person under 18 he/she will be contributing to the delinquency of a minor, which is also a misdemeanor. The maximum penalty for the violation of this code section is one year in the County Jail for each count and/or $1,000 fine for each count. It should be pointed out that each minor so provided with an alcoholic beverage is a separate count and may be charged by the District Attorney (PC. 272).
Sales to an Intoxicated Person
Every person who sells, furnishes, or gives alcohol to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor (25602).
Any person under the age of 21 years who presents or offers to any licensee, his/her agent or employees, any written, printed, or photo static evidence of age which is false for the purpose of purchasing, attempting to purchase, or otherwise procuring or attempting to procure the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed, or photo static evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred dollars, no part of which shall be suspended.
Possession in Motor Vehicle by Minor
No person under the age of 21 years shall knowingly possess, transport, or have under his/ her control in any motor vehicle any alcoholic beverage, unless such person is accompanied by a parent or legal guardian or is employed by a license under the Alcoholic Beverage Control Act (Division 9, commencing with Section 23000, of the Business and Professions Code), and is possessing, transporting or has such alcoholic beverage in a motor vehicle under his/her control during regular hours and in the course of his/her employment. If the vehicle used in any violation, as mentioned in the previous paragraph, is registered to such person under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than thirty days for each violation (VC 23224).
Marijuana
Marijuana Possession
Health and Safety Code 11357
This is the California marijuana law that sets forth the rules for personal possession of marijuana. Possession for personal use of not more than 28.5 grams of marijuana (a bit more than an ounce) is legal in California as of November 9, 2016, for people age 21 and older. So is possession of up to 4 grams of concentrated cannabis (hashish).
Marijuana Cultivation
Health and Safety Code 11358 as amended by Proposition 64, allows most people who are 21 and over to cultivate up to six (6) marijuana plants. People under 21 who grow any amount of marijuana, though, are guilty of an infraction. People under 18 who cultivate marijuana illegally must attend drug counseling and perform community service. People 18 and over (but under 21) may be fined up to $100. And cultivating over six marijuana plants remains a crime. Most defendants who plant, cultivate, harvest, dry or process more than 6 living marijuana plants will be charged with a misdemeanor and face up to six (6) months in county jail and/or a fine of up to $500 AND cultivating more than 6 marijuana plants can be charged as a California felony for the following defendants:
• People with serious violent felonies on their record;
• Registered sex offenders;
• Defendants who have two (2) or more prior convictions for cultivating more than six
• marijuana plants; and
• Defendants who violate certain California environmental laws in their marijuana cultivation activities.
Possession for Sale of Marijuana
Proposition 64 legalized the sale of marijuana–but only for businesses that obtain and operate in accordance with a state license (and possibly local licenses as well). As a result, possession of marijuana with the intent to sell it without a license remains a crime under HS. For most adult defendants, HS 11359 possession for sale without a license is a misdemeanor, carrying the following penalties:
Up to six (6) months in county jail, and/or
A fine of up to five hundred dollars ($500).
But marijuana possession for sale without a license is a felony if any of the following is true:
You have a prior conviction for one of a list of particularly serious violent felonies, including murder, sexually violent offenses, sex crimes against a child under 14, or gross vehicular manslaughter while intoxicated, or a sex crime that requires you to register as a sex offender;
You have two (2) or more prior misdemeanor convictions for marijuana possession for sale; or
You possessed marijuana for sale in connection with a knowing sale or attempted sale to someone under 18.
For these defendants, possessing marijuana for sale is punishable by 16 months, or two or three years in county jail.
Proof of intent to sell marijuana without a license is usually made by circumstantial evidence. Such evidence can include:
• a large quantity of marijuana,
• the presence of items such as baggies and scales,
• pot divided into multiple baggies or containers,
• the presence of cash and/or weapons, and/or
• the opinion of the arresting officer that the marijuana was for sale.
Transportation of Marijuana
Transportation for sale of marijuana under HS 11360 is punishable by two (2), three (3) or four (4) years in jail. Finally, transporting marijuana without intent to sell it, or giving marijuana away, is not a crime in California so long as both of the following are true:
You transport or give away not more than 28.5 grams of marijuana or eight grams of concentrated cannabis, and
Any people you give marijuana to are 21 years of age or older.
Possession of Drug Paraphernalia
It is unlawful to possess an opium pipe or any device, contrivance, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance or a controlled substance, which is classified as a narcotic drug (Sec. 11364).
Controlled Substances
Unauthorized Possession of Controlled Substances Except as otherwise provided every person who possesses (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in state prison for a period of not less than two years or more than ten years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two years in the state prison (Sec. 11350).
Possession for Sale of Controlled Substances
Except at otherwise provided every person who possesses for sale (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug, shall be punished by imprisonment in the state prison for a period of not less than five years or more than fifteen years and shall not be eligible for release upon completion of sentence or on parole or any other basis until she/he has been imprisoned for a period of not less than two and a half years in the state prison (Sec. 11351).
Transportation of Controlled Substances
Except as otherwise provided, every person who transports, imports into this state, sells, furnishes, administers or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance (as classified) or (2) any controlled substance (as classified) which is a narcotic drug unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison for a period of five years to life and shall not be eligible for release upon completion of sentence, or parole or any other basis until she/he has been imprisoned for a period of not less than three years in the state prison (Sec. 11352).
Possession with Intention to Manufacture Methamphetamine (PCP) (PCP)
Any person who possesses both methylamine and phenyhl-2propanone (phenyl acetone) at the same time with the intent to manufacture methamphetamine is guilty of a felony and shall be punished by imprisonment in the state prison for between one and five years (Sec. 11383).
Federal law prohibits the possession and distribution of controlled substances, including marijuana, cocaine and heroin. Persons found guilty of possession of controlled substances face a federal civil penalty of $10,000 and a criminal sanction of $5,000 and not more than one year in jail. Federal criminal penalties for possession of controlled substances increase according to the amount possessed.
Drugs Risks and Consequences
• Alcohol and other drug use during pregnancy increases risk of physical harms to the fetus.
• Additional risks of harm may occur from toxic impurities present in street drugs.
• Additional risks of harm may occur from the use of prescription drugs in ways other than prescribed.
• Drugs taken by injection can increase the risk of infection (e.g. HIV, hepatitis, etc.) through needle contamination.
• For more information visit: www.drugabuse.gov
