SUBSTANCE USE AND ABUSE POLICIES

The University prioritizes the health, safety, and wellbeing of every

member of the community and requires that individuals who choose to
use alcohol and drugs do so in a responsible manner. All members of
our community have the right to an academic and residential
environment free from the effects of alcohol and drug abuse.
4.3.1 Alcohol Policy
Students under the age of 21 years are prohibited from possessing,
using, purchasing, transporting, selling, and/or distributing alcohol.

Regardless of legal drinking age, all students are prohibited from:

possessing or consuming an open container of alcohol in on- or off-campus public or common

areas (e.g., Campus Green, outdoors, lounges, hallways, etc.).

engaging in drunkenness and disorderly conduct.

possessing, furnishing, consuming or serving from a large quantity or common source of

alcohol (i.e. kegs, beer balls, punch bowls).

Hosting or participating in the rapid consumption of alcohol, including high-risk drinking

games.

Enabling underage alcohol consumption. A student will be considered to be enabling the

underage consumption of alcohol if he/she possesses or has alcohol present in their residence

for use by others, regardless of who purchased or acquired the alcohol. The student is also

responsible for misconduct if he/she passively allows illegal alcohol or drug use to occur within

his/her residence hall room or off campus residence, or otherwise provides a setting that

allows for the underage consumption of alcohol. For information about social host liability,

please visit www.socialhostliability.org.

4.3.2 Drug Policy

The University prohibits the possession, use, consumption,
manufacturing, sale or distribution of drugs, as well as the possession,
use, manufacturing or sale of drug paraphernalia. Additionally, the
possession of drugs with intent to deliver, sell or manufacture is
prohibited.

The term drugs broadly includes, without limitation, any stimulant,

intoxicant (other than alcohol), nervous system depressant,
hallucinogen, or other chemical substance, compound or combination
when used to induce an altered state, including any otherwise lawfully
available product used for any purpose other than its intended use
(e.g., the misuse of prescription drugs, over the counter drugs, or
household products).

The institution classifies drugs into three broad categories:

marijuana,

illicit drugs, and

misuse of prescription drugs

Marijuana: The federal government regards marijuana as a Schedule I

Controlled Substance, and possession of marijuana remains illegal in
Massachusetts. However, society currently has a complex and rapidly
shifting relationship with marijuana, and perspectives around the
dangers and potential medical uses for marijuana are evolving. While
Boston College prohibits the possession and use of marijuana, the
Universitys response is reflective of the particularly complex and
changing societal view of marijuana.

Illicit Drugs: Cocaine, heroin, ecstasy (MDMA), amphetamines,

methamphetamines, hallucinogens (i.e. LSD, psilocybin mushrooms),
and similar substances are considered to be illicit drugs due to the
severe negative health and safety outcomes associated with their use.
Illicit drug use is illegal and can lead to serious harm to physical and
mental health, emotional wellbeing, and relationships; it can also lead
to dangerous physical and psychological withdrawal symptoms, and
put individuals at high risk for tolerance and dependence.

Misuse of Prescription Drugs: Misuse of prescription drugs, including

opiates/pain-killers (i.e. morphine, oxycodone), stimulants (i.e.
Ritalin), sedative-hypnotics (i.e. barbiturates, anxiolytics) and other
psychoactive drugs, is prohibited. This includes taking a medication
that is not prescribed to you, taking more than the prescribed dose of
a medication, sharing medication with individuals who are not
prescribed such medication, or taking a prescription medication for a
reason other than the intended use (i.e. to produce a high).

The University takes the use of illicit drugs, misuse and abuse of
prescription drugs, and possession and distribution of drugs very
seriously and will respond accordingly.

The term drug paraphernalia broadly includes any material, product,

instrument or item used to create, manufacture, distribute, use or
otherwise manipulate any drug and includes, but is not limited to
hypodermic needles, syringes, bongs or pipes.
4.3.3 Seeking Help for Alcohol- and Drug-Related Medical
Emergencies
Additionally, anyone who seeks help or calls for help on behalf of
another student will not be subject to action through the conduct
system.

Students who seek and receive medical attention in such situations will
be required to complete certain educational and/or counseling
interventions and will also be subject to all fees related to their
medical care. Failure to complete these referrals would be treated as
a conduct matter.

Students who demonstrate consistent and repeated patterns of

seeking help for alcohol and drug related medical emergencies may
require further medical review and/or treatment up to mandated
medical leaves of absence. The University reserves the right to impose
additional sanctions for a student based upon the totality of a specific
incident or event.

Regardless of help-seeking behavior, students will be held accountable

for misconduct accompanying or incidental to the use and/or abuse of
 alcohol or other substances. For example, disorderly behavior,
violence, property damage, or distribution or intent to distribute will be
treated as conduct violations and will be responded to accordingly.
ESIDENCE HALL ALCOHOL AND DRUG POLICIES
Students are expected to abide by the university policies on alcohol and other drugs. For university-owned
residence halls, each resident is responsible for reviewing and abiding by the policies and regulations stated in
the online Residence Hall Handbook that can be found on the housing website (www.housing.ucsb.edu). All
alcohol and drug violations will be reviewed and sanctioned according to the seriousness of the violation.
Sanctions range from requiring a resident to be evaluated and to attend an educational course offered through
the UCSB Alcohol and Drug Program, up to contract cancellation and/or loss of student status. Disciplinary
actions are outlined in the UCSB Campus Regulations that are found on the Student Affairs website at
SMOKING POLICY
All campuses within the University of California system are smoke-free. Smoking, the use of smokeless tobacco
products, e-cigarettes, and unregulated products are not allowed on UC-owned or leased properties. This includes
residence halls and University-owned apartments and the outdoor areas around the campus. For more information on
UC Santa Barbaras Smoke-Free and Tobacco-Free Policy,please visit: http://tobaccofree.ucsb.edu/policy/.

SUBSTANCE ABUSE POLICY

The fundamental purpose of the UCSB community is a dedication to excellence in teaching, research, and
public service. Alcohol and other drug abuse and the resulting consequences can have a significantly negative
impact on campus life. UCSB strives to create an environment where choosing not to drink is as socially
acceptable as choosing to drink for those who are of legal age. Unlawful drinking, excessive drinking,
drunkenness, and illegal drug use are not condoned at UCSB. Intoxication or being under the influence of
drugs is not an excuse for misconduct or infringing upon the rights of others.

To promote an environment of academic excellence and to comply with the requirements of the
Drug-Free Schools and Communities Act and the Drug Free Workplace Act, academic and staff
employees and students:
o Shall not use illegal substances and shall not abuse legal substances in a manner that impairs
scholarly activities, job performance, or student life.
o Shall not use illegal or legal substances in a manner that violates applicable criminal or civil laws
in the workplace, on university premises, at university activities, or while conducting university
business.
o Are prohibited from the unlawful manufacture, distribution, dispensation, possession or use of
alcohol and/or a controlled substance in the workplace, on university premises, at university
activities, or while conducting university business.
Students found responsible for violating the UCSB Substance Abuse Policy or the Campus
Regulations Applying to Campus Activities, Organizations, and Students
(www.sa.ucsb.edu/regulations) are subject to disciplinary sanctions, which may include loss of
privileges and exclusion from activities, warning, suspension, or dismissal. In addition to or in
lieu of a corrective action, a student may also be required to participate in an approved
counseling or treatment program.

Schools must:
 obtain school council approval before alcohol may be consumed on school
premises or at school approved activities
ensure the legal requirements for the sale and/or provision of alcohol in
public situations at school functions are enforced
prohibit the consumption of alcohol by students at school, or any school
organised activity, during school hours
have a policy and procedures for responding to students who have been
drinking during school hours and/or brought alcohol onto school premises.
Note: If school council approves the consumption of alcohol on school premises
they must ensure adherence to the responsible service of alcohol requirements.

Functions on school premises

When considering whether to allow the consumption of alcohol on school
premises, councils should consider:

the Liquor Control Reform Act 1998 from which schools are not exempt
school community attitudes
school policies related to drug education and health and wellbeing.
Examples of the type of applications that the school council may approve are:

private functions organised by the council if students are not present

outside organisations hiring or leasing school buildings
private staff functions which exclude students.
Note: Further information, including types of liquor licenses, and when a licence
is required can be obtained from Department of Justice - Responsible Alcohol
Victoria, phone 1300-650-367.

Functions off school premises

When alcohol is sold at school functions off premises, students under 18 may
only be present if they are:

accompanied and under direct supervision by parents/guardians or a

spouse over the age of 18
engaged in a hospitality training program, employment or work experience
 approved by the Director of Liquor Licensing under section 122 of
the Liquor Control Reform Act 1998
on premises which have an on premises license granted as a restaurant
and the function occurs during regular trading hours
attending a function as approved by Liquor Licensing Victoria taking into
account the above requirements.
Note: A temporary liquor licence is required for events where payment is
required to attend the event and the ticket price includes the supply of alcohol
and/or over the counter sales.

Important: Students should not be involved in fundraising events which have an

alcoholic beverage as a prize.

During school hours

It is the role of the principal acting in accord with the schools student
engagement and drug education policies, to determine how to respond to
students who have:

been drinking during school hours

brought alcohol onto school premises.
Note: Such incidents are very serious.

The principal should notify police if the source of supply, such as a retailer, can
be identified.

School camps and excursions

This table explains the treatment of alcohol consumption on excursions or school
camps.

Who Rules
Who Rules

Consumption of alcohol is prohibited regardless of the students age. Offenders w

be:

sanctioned in accordance with the student engagement policy

Students
where appropriate, returned to school or home.

Must:

inform parents/guardians and students before departure of:

- the alcohol prohibition
- the sanctions that could be expected for offending
act in accordance with their duty of care to students, which is in force during
entire time of the camp or excursion
be aware that consumption of alcohol by staff during camps or excursions i
- inconsistent with the standard of professional conduct necessary to maint
community confidence in these activities
Staff - is considered unwise
- could lead to allegations of negligence and loss of WorkCover rights.

Tobacco-Free Zone Every school board is required to prohibit the use or possession of tobacco products
at school and all school-related activities. It is also a crime for a minor to possess, purchase, consume or
accept 67 any tobacco products.68 Alcohol-Free Zone Each school board is required to prohibit the use
of alcoholic beverages at all school-sponsored or school-related activities, regardless of whether they
take place on or off school property.

It is an 69 offense for a person to possess an intoxicating beverage for consumption, sale or distribution
while: on school grounds; in a school building; or entering or inside any enclosure, field, or stadium
where: < a school-sponsored athletic event is being held; or < an athletic event is being held in which a
public school is a participant.70 The alcohol-free zone also includes a public street, alley or sidewalk
within 1,000 feet of the property line of a public or private primary or secondary school. A local
governing body may enact 71 regulations that prohibit the sale of alcoholic beverages by any business
located within 300 feet of a public or private school.72 If an officer of this state sees a person possessing
alcohol in the alcohol-free zone, the officer must immediately seize the alcoholic beverage. A school
employee who reports in good faith a student 73 who is reasonably suspected of using, passing or
selling an alcoholic beverage on school property may not be held liable for civil damages arising from
making such a report. 74 Drug-Free Zone Drugs and drug paraphernalia are prohibited on school
campuses, at school-related events or within the safety perimeter of the school. Prohibited substances
include marijuana, controlled substances,

dangerous drugs, inhalants and steroids. Even possession of prescription drugs and over-the-counter
medications is restricted. A student is subject to mandatory removal to an alternative setting if the
student possesses, uses, is under the influence of, sells, gives or delivers to another person any
prohibited substances or paraphernalia.75 If the students conduct is a felony drug-related offense, the
student must be expelled. A school 76 district may provide a program of educational and support
services to a student and his or her parents if the student is placed in an alternative setting because of a
drug-related offense.

Keeping Schools Safe and Secure: Violence-Free Campuses Weapon-Free Zone The presence of weapons
in and around schools is a growing concern among administrators, law enforcement, teachers, parents
and students. Unless a school authorizes a person by written permission or by written regulations, it is
forbidden to possess a gun or any other weapon on school property, school transportation or at school-
related activities. Because schools are free to ban all 78 weapons or potential weapons, some Codes of
Conduct may prohibit items that would be legal to possess elsewhere, like large box-cutters. Possession
of otherwise legal items is removable conduct. Possession of illegal items is both removable conduct and
a violation of the law. Weapon-free zones include the premises of a school, the safety perimeter of a
schools premises and school or UIL events. 79 Gun-Free Zone A student who brings a firearm to school
must be expelled from the regular campus for up to one year. Educational services must be provided to
a student in an alternative setting if the student is younger than 10 and may be provided if older than 10
years. 80 Exhibition of Firearms A person commits an offense if, in a manner intended to cause alarm or
personal injury to another person or to damage school property, the person intentionally exhibits, uses
or threatens to exhibit or use a firearm: in or on any property, including a parking lot, parking garage,
or other parking area, that is owned by a private or public school; or on a school bus being used to
transport children to or from school-sponsored activities of a private or public school. 81 Illegal Knives
The Penal Code defines an illegal knife as a knife with a blade over five and one-half inches long or a
hand instrument that, when thrown, can cut or stab someone. Other illegal knives include daggers,
dirks, stilettos, poniards, Bowie knives, swords, spears and throwing stars. A switchblade knife is any
knife that has a blade that folds, retracts or closes into the handle or sheath and opens automatically by
pressing a button or other device on the handle or by centrifugal force with the flick of a wrist.

A school board may, by local policy, prohibit students from bringing other knives or cutting instruments
to school in addition to the prohibited knives described above. If a school board chooses to adopt such a
policy, it should be included in its Student Code of Conduct. Brass Knuckles Knuckles means any
instrument that consists of finger rings or guards made of a hard substance and that is designed, made
or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist
enclosed in the knuckles. It is illegal to possess knuckles.83 Clubs A club is a weapon that has the
intended purpose of inflicting serious bodily injury or death by striking a person. Illegal clubs include but
are not limited to blackjacks, nightsticks, mace and tomahawks.84 Explosives A person commits a felony
if he or she knowingly possesses components of an explosive weapon with the intent to combine the
components into an explosive weapon for use in a criminal act. It is an offense to knowingly
manufacture, sell, purchase, transport or possess a 85 hoax bomb with the intention of making another
person believe that the fake bomb is real. A hoax bomb offense is also committed if an official of a
public safety agency or a police officer has to be called in to attend to what is thought to be an
emergency situation.86 Fear and Violence When fear is present on campus, we are failing our children in
not providing a safe environment conducive to learning. Schools should explore opportunities to provide
anger management, peer mediation and conflict resolution programs to foster better peer relations
among students and provide tools for peacefully resolving conflict. Fear thrives in an environment
where intimidating behavior and violence go unaddressed. Violence often begins subtly, with behaviors
such as bullying. Bullying Since 2005, every public school StudentCode of Conduct has been required to
prohibit bullying, harassment and the making of hit lists as now defined by the Texas Education
Code.87 Bullying is legally defined as engaging in written or verbal expression or physical conduct that
a school district board of trustees determines: will have the effect of physically harming a student,
damaging a students property, or placing a student in reasonable fear of harm to the students person
or of damage to the students property; or is sufficiently severe, persistent or pervasive enough that
the action or threat creates an intimidating, threatening or abusive educational environment for a
student.88 Bullying is a destructive and harmful behavior that takes many forms. Harassment is another
recently defined behavior that is simply another form of bullying.

Alcohol may not be consumed and alcohol containers may not be possessed anywhere on campus
or at any Law School function by anyone who is under the legal drinking age.
3. Persons of legal drinking age are not permitted to purchase, distribute, sell and or/procure
alcoholic beverages for persons less than twenty-one (21) years of age, and for persons who are
visibly intoxicated.
4. Public intoxication, including alcohol-induced disorderly conduct, property destruction,
intimidation, or other infringement upon the rights or privacy of others is a violation of the alcohol
policy and will not be tolerated. Furnishing alcohol (on campus or at any College function off-
campus) to persons, who appear to be intoxicated, is prohibited. Such conduct may be considered
violations of the Law School Code of Student Conduct.
5. Campus events where alcohol is being provided to students must be hosted by the
faculty/administration of the Law School, the Student Bar Association, and/or a Student Bar
Association recognized Student Organization. Such events are subject to the following restrictions: