Student Life
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Morehead State University is a Drug Free Institution

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Statement of Compliance as a Drug Free Institution
Morehead State University is committed to providing a healthy and safe environment for its students, faculty and staff. The University has defined conduct in relation to the unlawful possession, use, dispensation, distribution, or manufacture of alcohol or illicit drugs. Conduct which is violative of this definition poses unacceptable risks and disregard for the health, safety and welfare of members of the University community and shall result in disciplinary action up to and including suspension or termination.

As a recipient of federal grants and contracts, Morehead State University gives this notice to students, faculty and staff that it is in compliance with and shall continue to be in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. Students, faculty and staff are herein notified of the standards of conduct, which shall be applicable while on Morehead State University property, on University business, and/or at University-sponsored activities.
Standards of Conduct

By University regulations, by federal law, by state law, and, in some instances, by local ordinance, students, faculty, and staff are prohibited from the UNLAWFUL possession, use, dispensation, distribution, or manufacture of illicit drugs on University property, on University business, and/or at University-sponsored activities.

Under University regulations, students, faculty, and staff are required to abide by state laws concerning alcoholic beverages. Basically, Kentucky laws state that if one is under age 21, it is unlawful to (1) possess or consume alcoholic beverages, or (2) misrepresent one's age for the purpose of purchasing alcoholic beverages, or (3) use a fake ID in an attempt to purchase alcoholic beverages. No matter what one's age, Kentucky law states that it is unlawful to (1) procure any alcoholic beverages for anyone under 21 years of age or (2) drink or be drunk in a public place (University campuses and buildings are considered as public places for purposes of these laws). Ordinances of Morehead and Rowan County Government basically parallel the state laws. No matter what one's age, Morehead State University regulations prohibit the possession or consumption of alcohol or exhibition of drunken behavior on University property.

Any member of the University student body, faculty, or staff who violates these defined standards of conduct shall be subject to appropriate disciplinary action up to and including suspension and/or termination. The specifically defined standards of conduct, the disciplinary procedures, and the appropriate sanctions are detailed in the Student Conduct Code found in the Eagle Student Handbook and in the Morehead State University Personnel Policy Manual, Policy PG-47.

In addition, it is a violation of state law to operate a motor vehicle while under the influence of any substance which may impair one's driving ability (other drugs or alcoholic beverages).

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Sanctions
Under the University regulations, students who violate the standard of conduct are subject to disciplinary action ranging from a minimum of a written reprimand to a maximum of suspension from the University. Parent/guardian notification by the Dean of Students in cases of a dependent student will occur in most cases. Faculty and staff are subject to disciplinary action ranging from a minimum of a warning to a maximum of termination from University employment.

Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes the manufacture, sale, or possession with intent to sell), and whether or not multiple convictions are involved. Under Kentucky law, the most severe penalty for drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000 and/or a sentence of up to 10 years in the penitentiary; for subsequent offenses, the penalties may be doubled. Under federal law, for simple possession of a controlled substance, one may be imprisoned for up to one year and/or fined up to $1,000. For subsequent offenses, one may be imprisoned for up to three years and/or fined up to $5,000. For trafficking, one may be fined up to $8,000,000 and/or may be sentenced from not less than 10 years up to life in prison or the death penalty. Under both state and federal laws, one may suffer the loss of whatever property (house, farm) or possessions (vehicle) which one may have used in the drug trade.

Sanctions for violation of state alcohol laws vary from a fine of $10 to $2,000, a sentence of 48 hours to 12 months in jail, and/or suspension of one's driver's license.

Notice of Drug-Related Convictions
In compliance with the federal Drug-Free Workplace Act of 1988, ANY employee shall notify the immediate supervisor if the employee is convicted of a criminal drug offense occurring in the workplace or while on University business within five days of the conviction. The University shall take appropriate sanctions and remedies in accordance with its policy. The provisions of this section are applicable to students who are employees of the University. If the employee is under a federal contract or grant, the University shall notify the contracting or granting agency of the conviction and of its actions. This section of this policy is also applicable to students who receive a Pell Grant (federal grant).

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Health Risks
The scope and impact of the health risks from alcohol and drug abuse are both alarming and well documented, ranging from mood altering to life threatening, with consequences that extend beyond the individual to family, organizations and society at large. Morehead State University conducts regular programs to educate its students, faculty and staff that consumption and use of drugs may alter behavior, distort perception, impair thinking, impede judgment, and lead to physical or psychological dependence. Alcohol and/or other drug abuse may lead to the deterioration of physical health by causing or contributing to various health conditions including but not limited to fatigue, nausea, personal injury, insomnia, pathological organ damage, some forms of cancer, pancreatitis, heart attack, respiratory depression, birth defects, convulsions, coma, and even death. Alcohol and other drug abuse may also result in deterioration of mental health by causing or contributing to various conditions such as increased aggression, hallucinations, depression, disorientation, and psychosis.

Training and Counseling Resources
Continuous efforts are made to make students, faculty and staff aware of the on-campus and off-campus programs which provide information and professional services on matters related to the abuse of alcohol and other drugs.

Lists of sources for information and counseling for students are published by the Office of Counseling and Health Services and distributed to the campus community. Students are encouraged to contact the Office of, Counseling and Health Services (112 Allie Young Hall, 783-2024 or 783-2123) for information and appropriate referral. The certified alcohol and drug counselor and other professional staff within Counseling and Health Services provide counseling for students.

For faculty and staff the Office of Human Resources (101 Howell-McDowell Administration Building, 783-2097) provides information as to resources available to employees.

Other counseling, treatment, and rehabilitation services are available in the community. Pathways, Inc. (784-4161) offers both counseling and referral to residential treatment. Other services are available and may be located by looking in the local telephone directory yellow pages under "Alcohol Abuse and Addiction-Information and Treatment." Local support groups of AA and NA meet regularly in the community. Information regarding support groups can be obtained from the Office of Counseling and Health Services (112 Allie Young Hall 783-2024 or 783-2123.

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Policy Review
This statement of compliance and any revisions thereto shall be distributed annually to students and employees. Distribution shall be a joint responsibility of the offices of Counseling and Health Services and Human Resources.

Biennial Review
The Vice President for Student Life and the Director of Human Resources shall review and interpret regulations and procedures relevant to the compliance. These two administrators shall jointly be responsible for maintaining records of the biennial review. The president's executive council will approve recommended changes in the statement of compliance.

"No student, either singly or in concert with others, shall willfully: 1. Have in his or her possession or consume alcoholic beverages in public or on University grounds or exhibit drunken behavior on University property. 2. Use, possess, or sell drug paraphernalia, marijuana, or any other legally controlled substance on University property. "


As an MSU student, it is important for you to be aware of and concerned with a common policy shared by the University community, the City of Morehead, and the State of Kentucky. This policy states: It is against state laws to consume or purchase alcohol if you are a minor (under 21). For all ages consumption and possession of alcohol and/or other drugs on campus is a violation of policy.

We know some students will buy and drink alcohol illegally. Responsible decision making is up to you. Know the risks and consequences involved before chancing the abuse of alcohol and violation of policy and regulations established for you and the campus community.

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Consequences of Campus Alcohol Violations
First Offense:
· Written reprimand to Student Health Clinic
· Probation (15 academic weeks)
· Education seminar ($10 materials cost to be paid by student)
· Parent/guardian notification by Dean of Students in cases of dependent student
· Community service - 20 hours (to be completed within 15 academic weeks; date of completion specified)
· Meet with staff in the Office of Retention as appropriate on an individual basis

Second Offense:
· Written reprimand to student
· Community service - 40 hours (to be completed within 15 academic weeks; date of completion specified
· Parent/guardian notification by Dean of Students in cases of dependent student
· Assessment/counseling with certified substance abuse counselor

· Loss of residence hall visitation privileges
· Meet with staff in the Office of Retention as appropriate on an individual basis

Third Offense
· Patent/guardian notification by Dean of Students in cases of dependent student
· Eviction from residence hall and university

Violation of ANY university policy or Student Conduct Code policy constitutes a violation of probation.

In the event of an appeal of the sanction of eviction and dismissal, the student must be joined by parent(s) or guardian(s) in the appeals hearing.

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What about in my room and in the residence halls? Can I drink there?
Alcoholic beverages are not allowed. Period. If you are caught with alcohol, even if you are not drinking it, you will be instructed to dispose of the alcohol by pouring it down a drain or flushing it. A Residence Hall Discipline Report will be filed.

At least it's safe to drink at off-campus parties, right?
Even at off-campus functions you risk, at the least, being arrested for drinking if you are a minor. Further, those persons who serve to or purchase alcoholic beverages for a
minor faces the possibility of criminal charges. City police sometimes receive complaints relating to noise and parking problems at off-campus parties.

Alcohol and other drugs use has been linked to 69% of crimes committed by students. Under the influence you become less inhibited and your behavior is less controlled. Crimes committed range from illegal possession to rape. These carry significant consequences for all involved. Upon return to campus under the influence you could be at risk for an alcohol violation.

What are the consequences of illegal consumption of alcohol?
Illegal consumption, illegal possession or distribution of alcohol is a misdemeanor. Upon conviction you can be fined or face jail time.

Is it that big of a deal to have a misdemeanor on my record?
Yes. A misdemeanor will be on your record for life if you are convicted or plead guilty. On a job application you are responsible for revealing this information.

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What kind of risk do I take using a fake ID? I can't get into trouble by loaning out my ID to help a friend out can I?
Whether you use a fake ID to purchase alcohol or you loan your ID to a minor, you can be guilty of a misdemeanor. If you loan your driving license you could lose it for 6 months.

What is an Alcohol Intoxication (AI) charge?
AI is specifically related to behaviors which occur under the influence of alcohol, endangering people and/or property, or unreasonably annoying others can result in an AI arrest if you have had too much to drink. An arrest for Al is a violation and can mean a fine and/or jail time and a sentence to include time in an alcohol or substance abuse treatment program at the expense of the offender.

What happens if I'm charged with DUI (Driving Under the Influence)?
If you are driving, are under 21 and have a blood alcohol content (BAC) higher than .02 you can be arrested for a DUI. If convicted you can lose your license for up to 6 months, be fined up to $500 or be sentenced to 20 hours of community service. However, if your BAC is .08 or higher the consequences increase to those of 21 or over. Most states have a similar law in effect.

If over 21 a blood alcohol concentration of .08 of higher is enough by itself to establish you were driving under the influence. Between .05 to .08 BAC you can be arrested for a DUI but additional evidence will be needed to establish your driving was effected. If a breath, urine, or blood test is requested by an officer, refusal will result in a minimum of a 6 month suspension of your license for the first offense, whether your DUI charge is up held or not! The first DUI offense can result in the loss of your license for 90 days, a fine of $500, 30 days in jail, and referral for assessment and treatment in an alcohol and/or drug program (cost paid by offender).

What if I assist a minor in obtaining alcohol? What if I assist in obtaining the premises for a group of minors to conduct a party? Does it matter whether I am present after I have assisted?
No, no, and no. A person is guilty of a crime in Kentucky when he "knowingly sells, gives, purchases or procures any alcoholic or malt beverage in any form to or for a minor" (KRS 530.070 a Class A Misdemeanor, Penalty: up to 12 months in jail, Unlawful Transaction with a Minor).

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What if I am simply the driver who brings someone to a place where alcohol is served?
If the facts and circumstances show the basic elements of negligence you are once again civilly liable. Additionally, KRS 530.040 prohibits abandoning a minor "in any place under circumstances endangering his life or health and with intent to abandon him." This circumstance is often seen where the minor is unable to go to a place where alcohol will be consumed because of prohibition by parents and the lack of transportation. Frequently a "friend" under the banner of being older, not a minor, and responsible for the child will pick them up and take them to the very destination proscribed by the parents.

What is my responsibility for things that happen after guests have left my home or my group's party?
The law holds you responsible for the natural consequences of your actions. If one could reasonably foresee the outcome for what was started, you are still liable. You would be hard pressed in today's better-educated environment to find a jury that didn't understand what could happen when intoxicated guests with keys leave your party.

What about other intoxicants besides alcohol?
A person who "induces, assists, or causes a minor to engage in illegal controlled substances activity involving marijuana" is guilty of a Class D Felony (KRS 530.065) with a penalty of up to 5 years in the penitentiary. If the substance is one other than marijuana or alcohol and depending upon the outcome to the minor affected and their age the penalty can be as high as 20 years to life in prison (KRS 530.064 Class A Felony). Few people contemplate in advance that the provision of recreational drugs to a friend where physical injury occurs even though a minor injury, could result in a life sentence in prison.

What is my responsibility for things that happen after guests have left my home or my group's party?
The law holds you responsible for the natural consequences of your actions. If one could reasonably foresee the outcome for what was started, you are still liable. You would be hard pressed in today's better-educated environment to find a jury that didn't understand what could happen when intoxicated guests with keys leave your party.

For help or more information contact:
Judy Krug, CADC, University Counseling Center: 606.783.2123, 110 Allie Young Hall
MSU Police Department: 606.783.2035, 100 Laughlin Health Building
Pathways: 606.784.4161

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