Furman University aspires to introduce its students to the methods and concepts of liberal learning.  By stressing the arts and sciences and emphasizing the education of the whole person, the University aims to prepare students for living as well as for a livelihood, and for the lifelong process of becoming educated.

Furman University is a community of women and men of different races, religions, geographic origins, socioeconomic backgrounds, personal characteristics and interests.  This diversity reflects values the University strives to embody:  openness, honesty, tolerance, mutual respect, civic responsibility, global awareness, stewardship of the earth and bold intellectual inquiry. These values foster a critical examination of inherited assumptions, even as they protect freedom of expression and the open exchange of ideas.

All members of the University community share the responsibility for protecting and fostering this environment, and all are expected to exemplify high standards of professional and personal conduct.  The illegal or abusive use of drugs or alcohol adversely affects the educational environment; therefore, Furman University is committed to a campus environment that is free of illegal drug use and alcohol abuse.

Policy

The possession or distribution of unlawful drugs on or in University property is prohibited.

The possession and/or use of alcoholic beverages are prohibited in all campus locations except as listed below. Consumption of alcoholic beverages by students 21 and over will be permitted for University approved catered or special group events at the following facilities: Service of alcoholic beverages will be allowed at the following facilities:  Cherrydale Alumni Center, Timmons Arena, Furman University Golf Course, the Younts Conference Center, Cliffs Cottage, and The Vinings. In addition, students and employees are subject to all federal, state and local regulations concerning the use of alcoholic beverages outside of campus facilities.

Furman University is not a sanctuary where persons may escape the responsibilities imposed by law upon all citizens. The University does not condone the violation or attempted violation of federal, state or local laws with regard to alcohol and drugs. Student conduct actions (as described below) may be taken on the basis of any behavior, on or off campus, which poses a threat to persons or property within the institutional community. Alleged student violations may be referred to the appropriate University official, to the University Discipline Committee or to the appropriate criminal court.

Educational Efforts

Through the formation of a task force, Furman University conducts educational programs designed to prevent alcohol abuse and illegal drug use. Educational efforts focus on the health hazards associated with alcohol abuse and the legal consequences of involvement with illegal drugs both within the University and in the greater community, together with the incompatibility of substance abuse with the full realization of educational, career and personal goals.

The task force meets at least once per semester and welcomes program ideas from all facets of the University community - trustees, faculty, staff and students.

Counseling Services

University personnel and students seeking assistance with drug-related problems are provided information about drug counseling and rehabilitation services available through Furman University and community organizations. The Counseling  Center provides confidential counseling and referrals for Furman students and consultation and referrals for University employees. The Chaplain's office, Health Services, other student development professionals and the University Human Resources department are also available for confidential consultation, advice and referral. University employees and students who voluntarily avail themselves of services should be assured that all professional standards of confidentiality will be observed. The status of any student or University employee will not be jeopardized for seeking early assistance for a substance abuse problem.

Disciplinary Actions

Students and University employees are subject to all federal, state and local regulations concerning the use of alcoholic beverages. South Carolina state law requires that anyone possessing or consuming an alcoholic beverage be 21 years of age or older. In addition, the law states the following:

1. It is unlawful for a person under the age of 21 to purchase or attempt to purchase alcoholic beverages.
2. Consumption of any alcoholic beverage by a person under the age of 21 constitutes possession as defined in No. 1, above.
3. It is unlawful to use identification fraudulently or to allow another person to use one's own identification fraudulently to obtain alcoholic beverages.
4. It is unlawful for a person over the lawful age to purchase for or serve an alcoholic beverage to a person who is not 21 years of age or older.
5. Driver's licenses will be suspended for 30 days for any driver under the age of 21 who has a blood alcohol level of .02 or higher. A person under 21 with a blood alcohol level of .08 or higher will be charged with DUI/DWI and have their driver's license suspended for ninety (90) days regardless of the outcome of the case. Both suspensions are immediate.

Under federal law persons convicted of the unlawful manufacture, distribution or possession with intent to distribute of any controlled substance can be fined up to $100,000 and imprisoned up to one year for:

Schedules I or II - (e.g., cocaine, crack cocaine, marijuana, LSD, methamphetamine); depending on drug amount, sentences of up to life imprisonment, up to a $4,000,000 fine and supervised release of up to five (5) years. Penalties are enhanced for violations that are second or subsequent offenses and for violations that involve persons under the age of 21 or take place on school property.

Schedules III - Maximum sentence of five (5) years
Schedule IV - Maximum sentence of three (3) years
Schedule V - Maximum sentence of one (1) year

21 U.S.C. Section 841.

Possession of a controlled substance without a valid prescription: Maximum possible sentence of one (1) year imprisonment for first offense; enhanced penalties for second or subsequent convictions; fine of up to $100,000 and supervised release of up to three (3) years.

Exception: Penalty for possession of crack cocaine is higher than for other controlled substances. 21 U.S.C. Section 844.

Students and University personnel are responsible, as citizens, for knowing and complying with provisions of South Carolina state law making it a crime to possess, sell, deliver or manufacture drugs designated "controlled substances."

1. Under South Carolina state law, persons convicted of the unlawful possession, use or distribution of illicit drugs can be fined and imprisoned for up to fifteen (15) years for the first offense, and as many as thirty (30) years for subsequent offenses. Depending upon the offense, the fines and imprisonment vary but are within the limits noted. Descriptions of offenses and punishments are contained in South Carolina Code Title 44, chapter 53.
2. It is unlawful for a person to distribute, sell, purchase, manufacture or unlawfully possess with intent to distribute, a controlled substance while on or within a one-half mile radius of the grounds of a public or private elementary, middle, secondary school, a public or private college or University. Any person who violates the provisions of this section is guilty of a felony and upon conviction must be fined not more than $10,000, or imprisoned for not more than 10 years or both.

Any member of the University community violating the law, on or off campus, may be subject to prosecution by civil authorities and will be subject to disciplinary or conduct proceedings through the University. Sanctions imposed will be in accordance with procedural safeguards applicable to student conduct actions against students as outlined in the Student Conduct Code section of the student handbook THE HELMSMAN, http://www.furman.edu/handbook.   Sanctions imposed upon faculty and staff will be as outlined in File 850.1 of the UNIVERSITY POLICIES AND PROCEDURES MANUAL.

STUDENTS

The minimum sanction for possession of alcoholic beverages on University premises is a monetary assessment, alcohol education and a copy of the disciplinary letter forwarded to the student's parents. Unbecoming behavior or any conduct violation committed by a student under the influence of alcohol will be dealt with severely. Repeated violations of the University policy on alcohol use may result in a student's suspension or expulsion from the University.

Sanctions imposed on students by the University for a Violation  of the policy on possession or distribution of illegal drugs may include suspension for a period to be determined or immediate expulsion from the University.

The following minimum penalties are imposed for the particular offenses described:

1. Trafficking in illegal drugs: suspension and possible expulsion from the University.
2. Illegal possession of drugs: possible suspension and/or expulsion from the University.

As a general rule, the status of any student accused of violating the University regulations on the possession or use of illegal drugs will not be altered until a final determination has been made in regard to the charges against said student. However, an interim suspension may be imposed upon finding that the student's presence on campus constitutes a threat to the physical safety and well-being of the accused or of any member or guest of the University community, or that said student's presence threatens the orderly progression of University activities. A student conduct  hearing will be scheduled within five (5) class days with the appropriate disciplinary body and the student will be notified of the hearing date, time and location.

Behavioral Intervention (Amnesty Policy)

In response to the abuse of alcohol and other drugs, the University strives to maintain a balance between student support and accountability. While it believes strongly in addressing student health concerns directly and confronting dangerous behaviors, the University also encourages students to seek help in situations where a student's health is endangered.  The University's first priority in these cases is to encourage student safety, and believes it is important for students to receive immediate attention in dangerous situations as well as follow-up support to encourage more healthy behaviors.

1. Students who receive medical attention as a result of dangerous behaviors, such as but not limited to alcohol and/or other drug abuse, will be granted amnesty from the University's adjudication process, required to meet with a Behavioral Intervention Committee (BIC) member, and given an opportunity to comply with education-related recommendations. These incidents must have been reported to University officials, such as Student Life, Housing & Residence Life, Public Safety, or Health Services.
2. Students who obtain medical attention for their peer(s) as a result of dangerous behaviors will also be granted amnesty from the University's disciplinary process, may be required to meet with a Behavioral Intervention Committee (BIC) member, and given an opportunity to comply with education-related recommendations.
3. At this meeting, the BIC member will have a conversation intended to support student development through educational means and will recommend a specific course of action for that student to avoid being charged with disorderly conduct.
4. This course of action may include notifying parents, attending an alcohol education program, or any other recommendation deemed appropriate by the BIC member. Should the student follow through appropriately, such a meeting will not be a part of their student conduct record, rather a "for information only" (FIO) record. Students who fail or refuse to follow through with these recommendations may be charged with failure to comply resulting in a disciplinary hearing for this additional charge.  
5. Students found responsible for violating policies for which they were previously granted amnesty, will be adjudicated for those violations. In addition, the FIO record will then become part of the student conduct record.
6. This amnesty policy only applies to University policies and will not negate any criminal charges.

UNIVERSITY PERSONNEL

In the case of University employees, appropriate sanctions, up to and including termination, mandatory satisfactory participation in a drug abuse assistance or rehabilitation program, and/or referral for prosecution, will result from a violation of the substance abuse policy or a conviction for controlled substance or alcohol abuse occurring on campus or as a part of University activities. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of a fine or sentence, or both, by any local, state or federal judicial body.

All divisions of the University will seek to identify students and employees who are experiencing problems because of substance abuse, and appropriate counseling and treatment options will be presented for dealing with the situation.

Responsibilities

Authority to implement the policy resides with the President, who designates University officials to be responsible for overseeing and implementing all actions and programs relating to this policy. For students, that person is the Vice President for Student Life and for University employees that person is the Assistant Vice President of Human Resources.

All University employees and students are responsible for abiding by the provisions of this policy. In the case of employees, adherence with the provisions is a condition of employment.

Health Risks

Health risks associated with the excessive use of alcohol may include damage to the liver and heart; impairment of brain activity, digestion and blood circulation; impairment of judgment and memory. The use and/or abuse of illicit drugs can also lead to organ damage, impairment of physiological processes and impairment of mental functioning. The risk of hepatitis, AIDS and other infections increases if illicit drugs are injected.  In excessive amounts or in certain combinations, alcohol and other drugs can be fatal.

Distribution of Policy

This policy will be posted to the Furman University Web site, http://www.furman.edu/housing/subabuseinfo.htm, each academic year. Once each year, the office of the Assistant Vice President of Human Resources will distribute the substance abuse policy to all employees.

produced by the Division of Student Life
August 2009