Drug Free Schools and Communities Act

As a requirement of the Drug-Free Schools and Campuses Act regulations (34 C.F.R. Part 86), Northampton Community College is required to disseminate drug and alcohol policies and information to all students and employees on an annual basis. The purpose of this notification is to provide the campus community with details about the standards of conduct, policies, sanctions, legal penalties, and health information relating to drugs and alcohol. The College will provide currently enrolled students and employees with a copy of the Drug and Alcohol Abuse Prevention Program notice annually. The Annual Drug and Alcohol Notification can also be found at Public Safety Website.

College Policies Governing Alcohol and Other Drugs

The U.S. Department of Education has issued regulations implementing the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. These regulations require that the College distribute information annually to you in writing concerning the possession, use, or distribution of alcohol and illicit drugs at the College.

The Drug-Free Workplace Act of 1988 (P.L. 100-690) and the Drug-Free Schools and Communities Act Amendments of 1989 (P.L. 101-206) require that each college and university receiving federal financial assistance provide annually the following information in writing to all students and employees:

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of its activities.
A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol.
A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
A list of drug and alcohol programs (counseling, treatment, rehabilitation, and reentry) that are available to employees or students.
A clear statement that the institution will impose disciplinary sanctions on students and employees for violations of the standards of conduct and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution.

1. Standards of Conduct

a. Students: The unauthorized use, distribution, or possession of any controlled substance or illegal drug or alcohol in violation of Pennsylvania State Law on NCC premises or at activities sponsored by or affiliated with the College is in violation of the Student Code of Conduct

b. Employees: The sale, purchase, transfer, use or possession of illegal drugs by employees on College premises or while on College business is prohibited. Further, the use of any legally obtained drug, including alcohol, to the point where such use adversely affects the employee’s job performance, is prohibited.

2. Legal Sanctions

The following description is a summary only and is not a substitute for legal advice. Anyone wishing legal advice should consult an attorney.

a. City of Bethlehem (Fowler Campus): Public consumption of alcoholic beverages and possession of open containers of alcoholic beverages in a public place or in an automobile is illegal and punishable by law. Punishment includes a $100 fine or thirty days’ imprisonment (or both) for the first offense; a $300 fine or sixty days’ imprisonment (or both) for the second offense; and a $600 fine or ninety days’ imprisonment (or both) for the third and each subsequent offense.

b. Commonwealth of Pennsylvania:

Alcohol: A person less than 21 years of age commits a summary offense if he or she attempts to purchase, consume, possess, or knowingly and intentionally transport any liquor or malt or brewed beverage. Violation of this law is punishable by fines up to $500, imprisonment up to 90 days, and mandatory loss of driving privileges in the Commonwealth of Pennsylvania.

Misrepresentation of age to purchase alcohol is also punishable by fines up to $500, imprisonment up to one year and loss of driving privileges. Altering, selling, or manufacturing false identification is punishable by a fine of up to $1,000 (first offense) and up to $2,500 (second and subsequent offense) plus loss of driving privileges. Selling or furnishing alcoholic beverages to those under 21 is punishable by a mandatory fine of up to $1,000 (first offense) and $2,500 (second and each subsequent offense). All persons, while in the Commonwealth of Pennsylvania, are subject to the Pennsylvania Liquor Code and Crimes Code.

Pennsylvania law provides that a person with a blood alcohol content (BAC) of .08% or greater who operates a motor vehicle is considered driving under the influence and is subject to prosecution under Pennsylvania law.

A more complete summary of Pennsylvania laws and penalties related to alcohol may be found on in the Pennsylvania Crimes Code.

Drugs: The Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. 780-101 et seq., establishes five schedules of controlled substances based on dangerousness and medical uses. It prohibits the manufacture, distribution, sale, or acquisition of controlled substances except in accordance with the Act as well as acquisition by misrepresentation, forgery, or the knowing possession of controlled substances unlawfully acquired.

c. Federal

The Federal drug laws, The Controlled Substances Act, 21 U.S.C. 801 et seq., are similar to the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, but contain, for the most part, more severe penalties. Schedules of controlled substances are established, and the law prohibits the knowing or intentional manufacture, distribution, dispensing, or possession with intent to distribute or dispense a controlled substance. If the quantity of controlled substances is large (e.g., 1,000 kg. of a mixture or substance containing marijuana), the maximum penalties are life imprisonment, a $4,000,000 fine, or both.

Lesser quantities of controlled substances (e.g., 100 kg. of a mixture or substance containing marijuana) result in maximum penalties of life imprisonment, a $2,000,000 fine, or both. The distribution of small amounts of marijuana for no remuneration or simple possession of a controlled substance carries a maximum of one year's imprisonment, a $5,000 fine, or both, with the penalties for the second offense doubling. Double or triple penalties are imposed against persons 18 or older who distribute to persons under the age of 21. Double penalties also apply to the distribution or manufacture of a controlled substance in or on or within 1,000 feet of the property of a school or College.

Please see the U.S. Drug Enforcement Administration website for the most recent and complete information about Federal drug trafficking penalties.

Students who have been convicted under a state or federal law prohibiting the possession or sale of a controlled substance are ineligible for federal student aid for specific periods (ranging from one year to an indefinite period depending on the nature of the offense and whether the student is a repeat offender).

3. Health Risks

To make informed choices about drug and alcohol use, students and employees should educate themselves about the serious health consequences of use, misuse and abuse of alcohol and other drugs. The use and abuse of alcohol and other drugs can cause a number of problematic changes in behavior and physiology. Alcohol or substance dependence occurs when a person continues their use despite recurrent social, interpersonal, physical, and/or legal consequences. For basic information about the health risks associated with alcohol and/or other drugs please visit: National Institute of Drug Abuse.

4. Drug and Alcohol Programs

The College prohibits the use, possession, or distribution on College properties or at College sponsored or supervised functions of controlled or dangerous drugs or substances as defined by state and/or federal law, except as expressly permitted by law. Further, members of the College community (administrative official, faculty member, student or staff, or any employee) may not at any time be intoxicated on College property, at a College sponsored, or supervised function.

Employees who are age 21 or above may consume alcohol when alcohol is served as part of an approved College sponsored or supervised event. However, all individuals, regardless of age, must abide by the laws of the Commonwealth of Pennsylvania.

a. Alcohol & Drug Awareness Programs Offered on Campus:

Consequences of drinking on campus
Effects of alcohol on the body
Liquor Laws in PA
Consequences of drug use on campus
Effects of drugs on the body
College Policy & Procedures of dealing with alcohol and drug usage on campus
Substance use disorder assessment and referral of substance abuse issues.
Collegiate Recovery Program (CRP)

b. Drug and Alcohol Counseling Opportunities:

Students:

In-person College Counseling Services are located on the Bethlehem and Pocono campus locations. Virtual counseling services are offered to all students if they choose not to have in-person services. Services are offered free of charge for a wide range of issues revolving around substance abuse, misuse, dependency, and recovery. The staff provides services that span education/prevention, crisis intervention, and brief counseling. Help can be offered through individual meetings. NCC has a Collegiate Recovery Program (CRP) for students who are in recovery from substance use disorders. Information about this program can be found at: NCC Collegiate Recovery Program or by e-mailing Recovery@northampton.edu Additional information about the services provided can be found at NCC Counseling Services.

Any contact with the Counseling Services staff is held in the strictest confidence. No information is reported to anyone except with written permission or in rare circumstances such as when the student presents a clear and imminent danger to him/herself or others, when the counselor is mandated to report the abuse of a child or elder, or when the court has ordered disclosure. The services the office provides may be from one session to ongoing sessions throughout the year. Appointments are easy to make by calling the numbers listed on the website.

Employees:

An Employee Assistance Program (EAP) has been established to provide professional counseling and rehabilitation programs for staff that are in need of these services due to substance abuse. Supervisors or managers who are faced with an employee substance abuse problem may consult with the Office of Human Resources to determine an appropriate course of action. Information can be found at Health Advocate.

c. Other Resources:

Health and Wellness Center
College Center 1st floor
Bethlehem, PA 18020
Phone: 610-861-5365
Health and Wellness Center

NCC’s Collegiate Recovery Program
NCC Collegiate Recovery Program
Recovery@northampton.edu

Alcoholics Anonymous (AA)
AA in the Lehigh Valley
Pocono Intergroup AA

Northampton County Drug & Alcohol
2801 Emrick Boulevard
Bethlehem, PA 18020
Phone: 610-829-4725 (non-emergency)
Phone: 610-252-9060 (emergency)
Northampton County Drug and Alcohol

Carbon, Monroe, Pike Drug and Alcohol Commission
724 Phillips Street, Suite 203
Stroudsburg, PA 18360
Phone- 570-421-1960 (non-emergency)
Phone- 866-824-3578 (emergency)
Carbon Monroe Pike Drug and Alcohol Commission

SMART Recovery

5. Disciplinary Sanctions:

The College will impose appropriate sanctions on students or employees who violate the standards of conduct as set forth in Sections A.1 and A.2 above.

Students: Violations of the Standards of Student Conduct in Section A.1 above will result in (a) disciplinary action as outlined in the Student Conduct section of the Student Handbook, and (b) legal action consistent with local, state and federal laws. Possible disciplinary actions include warning, probation, suspension or expulsion, educational programming and other sanctions as deemed appropriate, including referral for prosecution. Please refer to Student Conduct & Academic Honesty section on the College web site for more information: Student Conduct and Academic Honesty. As permitted by the Family Educational Rights and Privacy Act (FERPA), the Office of Student Affairs may notify parents/guardians of a student who is under the age of 21 any time he or she is found responsible for violating the College’s Code of Conduct relating to alcohol or drug offenses.

In addition, in all disciplinary cases involving drugs or alcohol in which the student is not suspended or expelled, the Student Judicial Officer may impose a mandatory interaction with Campus Counseling.

Employees: In compliance with the Drug-Free Workplace Act of 1988 (2.26.13 Policy on the Drug-Free Workplace Act), which requires prime federal contractors with contracts of $25,000 or more and direct federal grantees to certify to the contracting and granting agencies that they maintain a drug-free workplace, Northampton Community College certifies that the requirements for providing a "drug-free workplace" have been established and will be enforced. The College prohibits unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including alcohol, in the workplace. Additionally, while the College respects the privacy of its employees, it also recognizes that it has an obligation to maintain a drug/alcohol free workplace because substance abuse can have a harmful effect on the learning and work environment. Therefore, employees are expected to report for work physically and mentally able to safely and effectively perform their essential functions. Compliance with this requirement is considered to be an essential job qualification for all faculty and staff. Violation of this policy will result in disciplinary action up to and including discharge.

An Employee Assistance Program (EAP) has been established to provide professional counseling and rehabilitation programs for staff that are in need of these services due to substance abuse.

As a condition of employment/continuing employment, all staff must abide by the provisions of this policy. Staff employed under the terms of a grant must notify the College of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. The College will notify the contracting or granting agency within ten (10) days after receiving notice from an employee or from an outside agency of an employee's criminal drug statute conviction for conduct in the workplace. Within thirty (30) days of receiving notification of an employee's drug statute conviction, the College will initiate appropriate personnel actions, which may include imposing a sanction or requiring satisfactory participation in a drug abuse assistance or rehabilitation program through the EAP or another approved agency.