Alcohol and Drug Abuse Prevention Policy
Introduction
In its effort to promote the responsible use of alcohol and to prevent the abuse of drugs on campus, NECI has developed the following policies:
All NECI housing is alcohol and substance free, regardless of age. Alcohol, illegal drugs and drug paraphernalia are prohibited on campus (this includes cans, bottles or other alcoholic storage containers even if empty).
Any event approved, organized, and sponsored by NECI — unless part of a school educational alcohol tasting/service event approved by the administration — may not include service of alcohol at any time. Underage drinking is against the law in Vermont and is not permitted under any circumstances unless it is part of a regularly scheduled class following guidelines listed in the tasting policy.
All NECI sponsored activities and events are alcohol and substance free. This includes NECI sponsored field trips, regardless of where the event takes place and regardless of age. Students found in violation will be subject to disciplinary action and may be required to provide their own transportation back to campus, if deemed necessary. In addition, students may be asked to sign a waiver agreeing to this policy, prior to embarking on the trip.
Students wishing to consume alcohol at a NECI restaurant must honor Vermont laws and regulations governing the purchase and consumption of alcoholic beverages and will be expected to dress and act in a manner that maintains and supports the high standards of the school. Restaurant managers have the right to ask students to leave the premises in order to assure that regular business is not jeopardized.
Should a prior drug or alcohol problem exist, students should clearly identify it on the Student Health Form. This information is treated in a confidential manner and is essential to NECI's understanding and assisting in making appropriate referrals for counseling and treatment. Similarly, if prescription drugs are being used, the drug(s) and possible side effects should be clearly identified on the Student Health Form.
NECI Policies
Some indicators of a violation of the above Alcohol and Drug Abuse Prevention Policy and Community Professionalism are the following:
- Underage drinking
- Violations of the school's Educational Tasting Policy
- Purchasing or otherwise providing alcohol to underage drinkers
- Knowingly consuming alcohol with underage drinkers
- Damage to property and/or threats of violence associated with the consumption of alcohol
- Refusal to cooperate and abide by school policies while under the influence of alcohol
- Dangerous behavior to self or others
- Possession of alcoholic beverages
- Consumption of alcoholic beverages
- The presence of illegal drugs or drug paraphernalia - including hookah/Shisha pipes or water pipes
- Other irresponsible behavior including, but not limited to, littering, infringing on the rights of others, obscene or violent language, disorderly behavior, illegal operation of a vehicle, and making a public nuisance
- Lack of community professionalism within the Montpelier Community
Penalties
The minimum penalties for an offense associated with actions described above include:
First offense:
- A $125 fine will be imposed by the Coordinator of Residence Life. This fine must be paid prior to resumption of classes.
- A disciplinary letter of review will be entered in the student's file by the Coordinator of Student Services.
- Parents/guardians of any student under the age of 21 may be notified of any violation of the drug and/or alcohol policies.
Second offense:
- A $250 fine will be imposed by the Coordinator of Residence Life. This fine must be paid prior to resumption of classes.
- Contributing illegal substance or contributing alcohol to a minor is an automatic Second Offense and is punishable by law.
- A disciplinary letter of review will be entered in the student's file by the Coordinator of Student Services.
- Parents/guardians of any student under the age of 21 may be notified of any violation of the drug and/or alcohol policies.
Third offense:
- A $500 fine will be imposed by the Coordinator of Residence Life. This fine must be paid prior to the resumption of classes.
- The student will either be required to leave student housing and may be suspended from the program. A disciplinary letter of review will be entered in the student's file by the Coordinator of Student Services.
- Parents/guardians of any student under the age of 21 may be notified of any violation of the drug and/or alcohol policies.
Note: Depending on circumstances, second and third offense penalties may apply earlier, particularly in cases of providing drugs or alcohol to underage students or being found with mass quantities of drugs or alcohol. This may also include the notification of local police or the State Alcohol Control Board investigators. Under certain circumstances, a specific deadline extension may be granted and/or a work plan established to pay a fine.
State Penalties
NECI has developed a positive relationship with local police over the years and will cooperate fully with any investigation by state, local, and federal authorities. Situations in which NECI employees will automatically call the police include, but are not limited to, the following: incidents where a student threatens his/her own life or that of others; violent behavior; refusal to cease disorderly behavior when asked; and the sale of illegal drugs on property owned, leased, or managed by NECI.
The following Vermont state laws are taken from Title 7, Title 18 and Title 23, Vermont Statutes Annotated, and describe penalties to which violators may be subject in the event of violation of school rules and regulations and applicable local, state, or federal laws. Violations will be subject to school disciplinary action through the Judiciary Committee determined by the Student Services Coordinator or Director of Student Services.
The penalty for unlawful sale or furnishing of alcoholic beverages to minors is a fine of not less than $200 and no more than $1,000 and/or imprisonment for not more than two years.
A minor who misrepresents his/her age or identity to obtain an adult ID card, uses someone else's ID card, alters an ID card, or loans his/her ID card to someone else is guilty of a misdemeanor and will be fined $50. An adult ID card found by a law enforcement officer in the possession of a person to whom it was not issued shall be confiscated.
The penalty for a minor who misrepresents his/her age for the purpose of purchasing alcoholic beverages for his/her consumption or consumption by other minors is a fine of not more than $500 and/or imprisonment for not more than 30 days.
Vermont law prohibits drinking alcoholic beverages while operating a motor vehicle. The penalty for this offense is a ticketed fine of not more than $100. Driving under the influence is a citation offense and court appearance is required. If blood tests shows 0.08% or more by weight of alcohol in the person's blood or breath, it is presumed that the person is driving under the influence. The criminal penalties for driving under the influence are (first offense) a fine of not less than $200 nor more than $750 and/or imprisonment for one year, or (second offense) a fine of not less than $250 nor more than $1,000 and/or imprisonment for one year. The administrative penalty is (first offense) a 90-day license suspension or (second offense) an 18-month license suspension. A person must also complete an alcohol and driving education program and pay a reinstatement fee.
Regulated drugs as defined by Vermont statutes include:
- Depressants, containing barbituric acid
- Stimulants, containing amphetamine
- Hallucinogens, such as LSD and mescaline
- Marijuana
- Narcotics, such as opium
The aforementioned drugs have been identified as being habit forming or having a serious potential for abuse due to effects on the central nervous system.
It is illegal to obtain or attempt to obtain a regulated drug by fraud, deceit, misrepresentation or subterfuge, forgery, or alteration of a prescription, and/or the use of a false name or the giving of a false address. The penalties for illegal possession of regulated drugs are determined by the amounts in possession. The penalty for simple possession of a small quantity of marijuana is a fine of not more than $500 and/or imprisonment for not more than six months. The penalty for simple possession of small quantities of depressants, stimulants, hallucinogens, or narcotics is a fine of not more than $1,000 and/or imprisonment for not more than one year.
Intent to sell is assumed when a person is in illegal possession of a regulated drug in an amount consisting of 500 milligrams or more of a narcotic drug, one-half ounce or more of marijuana, one-half ounce or more of raw or prepared opium, or 500 milligrams or more of LSD. The penalty for possession with the intent to sell is a fine of not more than $3,000 and/or imprisonment for not more than three years.
The penalty for illegal possession of a regulated drug in an amount consisting of one gram or more of a narcotic drug, two or more ounces of marijuana, two or more ounces of raw or prepared opium or 300 times the recommended dosage for a depressant or stimulant drug is a fine of not more than $5,000 and/or imprisonment for not more than five years.
A person who illegally dispenses, administers, prescribes or sells a narcotic, depressant, stimulant, or hallucinogenic drug in any amount to a minor under the age of l8 is subject to a fine of not more than $25,000 and/or imprisonment for not more than 25 years.
Paraphernalia is defined, in part, as all equipment, products, and devices designed for use in storing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the body a regulated drug. The penalty for the possession of drug paraphernalia is a fine of not more than $1,000 and/or imprisonment for not more than one year.
Copies of Vermont and federal laws pertaining to alcohol and drug abuse are available in the office of the Director of Student Services. Information concerning the identification, uses, and effects of controlled drugs is also available in the Coordinator of Student Service's office.
Prevention
NECI seeks to assure the health and well being of all students, faculty, and staff. The health risks associated with alcohol and drug abuse are well documented. They include decreased coordination, judgment, perception, and concentration; drowsiness or abnormal excitation; insomnia; and loss of appetite. Withdrawal from an addictive substance can cause irritability, anxiety, apathy, depression, and disorientation. Further materials describing the effects of alcohol and drug abuse are available in the Coordinator of Student Service's office.
Drug and alcohol abuse are counterproductive in an environment of intensive technical training requiring concentration, stamina, coordination, and safe practices. Pursuant to this concern, NECI provides and promotes the following educational and support services:
Intervention
NECI considers it has an obligation to intervene in the activities of a student any time there is concern about the physical or psychological welfare of that student or other students, or any time the student's academic performance is suffering due to detrimental behavior. This may include, but is not necessarily limited to, drug and alcohol abuse. The main objective of intervention is to help individuals face their problems so they can effectively function within the program.
Intervention is a way for the school to identify the problem, to negotiate a plan to rectify the situation in the most constructive manner possible, and to follow through in support of the agreed-upon plan. The plan is written in the form of a contract that the school approves and the student signs. Failure to follow the plan may lead to suspension from the program. A crisis intervention counselor may be provided in case of an emergency. NECI respects the privacy and individual rights of students, yet must also be responsive to the dangerous or destructive behavior of an individual toward others or him/herself and to applicable local, state, and federal laws. If the school receives complaints from the community regarding irresponsible acts of a student, the student may be held accountable by the school. Such acts may include, but not be limited to, writing bad checks, disorderly conduct, theft, and liquor law violations. Such acts may be grounds for student violations, fines, suspension, and dismissal.
To ensure fairness, continuity, and cohesiveness, an administrative team will manage the intervention program. The team is normally made up of the Director of Student Services, the Director of Academic Services, the Academic Advisor, the Coordinator of Student Services and the Coordinator of Student Programs, and the Department Chair for the student's program.
Federal Guidelines
We adhere to Federal guidelines regarding drug abuse prevention and control as outlined in http://www.justice.gov/dea/pubs/csa.html
Referral
Confidential referrals can be made for students who believe they may have an alcohol or drug abuse problem. An appropriate referral may be made after consultation with the Coordinator of Student Services, Coordinator of Student Programs, Associate Director of Student Services or Director of Student Services. Possible referrals include a private counselor, psychologist, medical physician, state-subsidized agency or counseling service, support group, residential treatment program, or preferred religious agency or individual. Names and services of referrals are available through the Coordinator of Student Services or Coordinator of Student Programs office. Evidence of regular participation with an approved professional counselor or service may be required in order for the student to remain enrolled in the program. Every effort will be made to keep all referrals as non-punitive as possible.
Regular support in Montpelier is provided by such agencies as the Washington County Mental Health Services (229.0591) in Montpelier, Maple Leaf Farm (899.9211) in Underhill (providing regional residential treatment), Central Vermont Substance Abuse Services (223.4156) in Berlin, and the Washington County Youth Services Bureau (up to age 22, 229.9151) in Montpelier. Regular support in Greater Burlington area is provided by the Howard Center for Human Services (658.0400), Maple Leaf Farm (899.9211), Champlain Drug and Alcohol (862.5243), Cedar Brook Associates (879.5333).
Training
A group drug and alcohol awareness program is provided during the year one seminar. In addition, drug and alcohol awareness training is provided for resident advisors and faculty. This training frequently includes seminars conducted by professionals from local communities.
Summary and Review
Federal law requires all institutions receiving federal financial assistance to implement and enforce drug and alcohol prevention policies. NECI strongly supports this initiative. Any violation of drug and alcohol law, even for a first offense, may result in penalties up to and including termination of enrollment.
Possession, solicitation, sale, or use of alcohol and illegal drugs is prohibited. NECI refers individuals who violate the law regarding illegal drugs to the appropriate law enforcement agencies. The misuse and or abuse of alcohol, public intoxication or illegal drugs will not be tolerated.
Misuse and/or abuse of alcohol or drugs will be dealt with in a serious, swift, and direct manner following the guidelines of this policy. NECI reserves the right to take appropriate action on any violation, including intervention, referral and administrative action which could result in suspension, expulsion, and/or referral to law enforcement officials.
NECI, while upholding the law and while discouraging illicit drug and alcohol use, also takes the initiative to inform and educate all students (users and nonusers alike) on drugs and alcohol and their effects, and confidentially advises drug and alcohol abusers. The school wishes to promote early recognition of a problem and treatment. This policy on Alcohol and Drug Abuse Prevention is reviewed and modified as necessary.
