DRUG-FREE WORKPLACE and DRUG-FREE SCHOOLS

As a recipient of federal aid and federal grants, the University must certify under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 that it will take certain steps to provide a drug-free workplace. Unlawfully possessing, using, distributing, dispensing, or manufacturing alcohol or illegal or controlled substances is prohibited on University property, in University vehicles, while conducting University business, or as a part of University activities. Any employee who is convicted for a drug statute violation occurring in the workplace must notify his or her supervisor within five days of the conviction. The University will take appropriate action against an employee who violates this workplace rule, up to and including termination and referral for prosecution, in the best interest of the University, and in accordance with the Drug-Free Workplace Act. Employees not terminated may be required to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.

In accordance with the Drug-Free Schools and Communities Act of 1989, the University will distribute to employees and students annually, information on applicable legal sanctions and health risks associated with the unlawful possession or distribution of alcohol or illegal drugs, and a description of drug and alcohol treatment programs available to members of the University community.  Separate from the legal requirements, the University is concerned with the health and well-being of members of the University community. Employees may contact the Director of Personnel Services, in confidence, for referrals or information regarding available and appropriate substance counseling, treatment or rehabilitation programs.

Alcohol and Drug Education

In accordance with the Drug-Free Schools and Communities Act of 1989, alcohol and drug education at Washington and Lee University are included in the Health Education Program that is coordinated by the Dean of Students' staff.

Goals of Alcohol and Drug Education:

·  Inform all new students at Washington and Lee University about laws of Virginia regarding use and abuse of controlled substances.

·  Involve students directly in health education programming, both planning and development.

·  Include as many academic departments as possible in sponsoring and attending health education programs.

·  Coordinate Health Education with Student Health Service and Student Counseling Service.

·  Provide evaluation and referral for members of the University Community who exhibit problem behaviors related to drug and alcohol abuse.

 

COMMONWEALTH OF VIRGINIA
Selective Summary of Laws Governing Alcohol and Drugs

ALCOHOL 
The minimum legal age in Virginia for the possession of alcoholic beverages is 21 years of age.

Violation

Possible Penalty

Possession under 21

Misdemeanor - Mandatory fine $500. Possible loss of drivers license for one year

Drinking in public

Misdemeanor - fine not to exceed $250

Drunk in public

Misdemeanor - fine not to exceed $250

Purchase for/or provide alcoholic beverages to individuals under 21 

Misdemeanor - fine not to exceed $2500 and/or jail confinement up to 12 months.

Driving under the influence  (.02% or higher blood alcohol content if under 21 years of age; .08% or higher if 21 years  or older) 

Loss of driver's license for 12 months plus up to a $2500 fine and immediate impounding of vehicle

Refusal to take blood test

Loss of driver's license for 12 months

Fraudulent use of driver's license to purchase alcoholic beverages

Misdemeanor - loss of driver's license for 30 days to 1 year


 

MARIJUANA

Violation

Possible Penalty

Possession

Misdemeanor - up to 12 months in jail and/or $2500 fine

Sale/Distribution less than ½ ounce

Misdemeanor - 12 months in jail plus $2500 fine

Sale/Distribution more than ½ ounce but less than five pounds

Felony - 1 to 10 years in prison plus $2500 fine


 

COCAINE or MUSHROOMS (Hallucinogens)

Violation

Possible Penalty

Possession

Felony - 1 to 10 years in prison    plus $2500 fine

Sale/Distribution

Felony - 5 to 40 years in prison    plus $500,000 fine

ADDITIONAL NOTE

Washington and Lee students should be aware that use of a false ID to obtain alcohol is a misdemeanor. Even more significant, the Student Body Executive Committee has in the past found the use of a false ID to have profound implications under the Honor System.

 

The Sexual Assault Laws in Virginia

The following is a paraphrase. For detailed information see the Code of Virginia.

1. Rape: Vaginal sexual intercourse with a person against her/his will and by force. Penalty: 5 years to life imprisonment
2. Forcible Sodomy: Oral sex (cunnilingus, fellatio, anallingus) or anal intercourse by force and against the will of the victim. Penalty: 5 years to life imprisonment
3. Inanimate Object Sexual Penetration: Penetration of the vagina or rectum with any object by force and against the will of the victim. Penalty: 5 years to life imprisonment
4. Marital Sexual Assault: When a couple is living together and one partner forces or threatens the other into vaginal intercourse, forcible sodomy or inanimate object sexual penetration and does NOT cause serious physical injury, the charge is marital sexual assault. However, if the couple is living together and serious physical injury is caused during the assault, the charge would be as listed above in 1-3. In order for charges to be brought against the offender/spouse, marital sexual assault must be reported within ten days to the police, unless the victim/spouse is rendered physically unable to report.  Penalty: 1 to 20 years imprisonment, or 12 months jail and/or $2,500 fine. Any or all of the sentence may be suspended upon the defendant's successful completion of counseling or therapy, either before or after sentencing, after consideration of the views of the survivor and the Commonwealth's Attorney representing the case.
5. Aggravated Sexual Battery: Sexual abuse (fondling) of the victim by force and against the will of the victim, AND/OR serious bodily or mental injury to the victim results AND/OR the assailant uses or threatens use of a weapon.  Penalty: 1 to 20 years imprisonment and a fine of not more than $100,000
6. Sexual Battery: Sexual abuse (fondling) of the victim by force and against the will of the victim. Penalty: 12 months jail and/or $2,500 fine
7. Incest: Sexual intercourse between two people who are not permitted by law to marry. Penalty: 1 to 10 years imprisonment and/or $2,500 fine
8. Indecent Liberties (commonly referred to as "Statutory Rape"):  Sexual intercourse with a person aged 13 or 14, with consent, when the offender is 3 years or more the senior.  Penalty: 1 to 5 years imprisonment and/or $2,500 fine (If the offender is less than 3 years the senior the charge is fornication, a misdemeanor. Any person under the age of 13 has no legal capacity to consent to sexual intercourse; therefore, if a person under the age of 13 has sexual intercourse, the offender could be charged with rape.)

ALCOHOL - USES AND EFFECTS

On the college campus, as elsewhere, there is a growing concern about a range of alcohol problems. These problems may be the result of a single drinking episode with unfortunate repercussions; the problems may represent alcohol abuse or alcoholism. Beyond those students whose own alcohol use is problematic, the college health service will also encounter students concerned about the alcohol use of a family member, a friend, or a roommate.  Alcohol is a potent pharmacologic agent; therefore, any drinker is at potential risk for alcohol problems. What constitutes a "safe" dose of alcohol or a low-risk pattern of alcohol use is variable. The student with little drinking experience is open to very different problems from the student who has been a regular and heavy drinker for several years. Similarly, transient circumstances may increase a student's risk for alcohol problems. The use of prescribed medications, over-the-counter cold preparations, or "recreational" drugs has implications for what constitutes a safe dose of alcohol. For some students with medical conditions, such as diabetes, epilepsy, type IV hyperlipoproteinemia, or a mood disorder, more than the most modest alcohol use is significantly contraindicated.

Alcohol is a central nervous system depressant. The blood alcohol concentration (BAC) is the major determinant of the degree of impairment. BAC is a measure of the milligrams of ethanol per deciliter of blood, expressed as a percentage. It is important to distinguish between impairment and intoxication. The degree of apparent effect, that is, intoxication, in large part is a product of the tolerance that has been established for the drug. However, the social setting and the drinker's expectations about alcohol's effects can influence the subjective experience of drinking. Despite the appearance of drunkenness or sobriety, all individuals, at increasing blood alcohol levels, experience impairment of central nervous system functions. As the BAC rises, there is the corresponding appearance of disinhibitions, diminution of judgment, erratic emotions, and loss of coordination and reflex activity. At blood alcohol concentrations of .40, the individual is often unresponsive. At a blood alcohol level of .50, there can be sufficient depression of central nervous system functioning to cause death from respiratory arrest. The problems that can follow from a single drinking episode are a consequence of these drug-induced effects. Negative consequences can also emerge over the longer term, arising from the pattern of use.

Though alcohol's acute effects on the central nervous system account for the most dramatic and observable phenomena associated with drinking, virtually no organ system is impervious to the acute and chronic presence of alcohol.

Among the problems that may be encountered in otherwise healthy students that can be attributed to their alcohol use are sleep disorders, gastrointestinal complaints, vague complaints of dysphoria, eating disorders, or anxiety disorders.

Alcohol Use and Alcohol Problems, Jean Kinney, MSW, and Philip Meilman, Ph.D.