Ohio Administrative Code › Title 3358:17 - Washington-Morgan State Community College › Chapter 3358:17-42 - Student Conduct › Section 3358:17-42-03 - Compliance with the drug-free schools and communities act amendment of 1989

Current through all regulations passed and filed through July 1, 2024
(A)
								Compliance with the drug-free schools and communities
			 act amendment of 1989.
(1)
									Standards of conduct.
Washington state community college
				prohibits the unlawful possession, use, or distribution of illicit drugs and
				alcohol by students and employees on its property or as part of any of its
				activities.
(2)
									Legal sanctions.
The Controlled Substances Act ("CSA"),
				title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, is
				the legal foundation of the government's fight against abuse of drugs and other
				substances. This law is a consolidation of numerous laws regulating the
				manufacture and distribution of narcotics, stimulants, depressants, and
				hallucinogens. The CSA places all controlled substances into one of the
				following schedules:
(a)
										Schedule I.
(i)
											The drug or other substances has a potential for
			 abuse.
(ii)
											The drug or other substance has no currently accepted
			 medical use in treatment in the United States.
(iii)
											There is a lack
			 of accepted safety for use of the drug or other substance under medical
			 supervision.
(b)
										Schedule II.
(i)
											The drug or other
			 substance has a high potential for abuse.
(ii)
											The drug or
			 other substance has a currently accepted medical use in treatment in the United
			 States or a currently accepted medical use with severe
			 restrictions.
(iii)
											Abuse of the drug or other substance may lead to severe
			 psychological or physical dependence.
(c)
										Schedule
			 III.
(i)
											The
			 drug or other substance has potential for abuse less than the drugs or other
			 substances in schedules I and II.
(ii)
											The drug or
			 other substance has a currently accepted medical use in treatment in the United
			 States.
(iii)
											Abuse of the drug or other substance may lead to
			 moderate or low physical dependence or high psychological
			 dependence.
(d)
										Schedule IV.
(i)
											The drug or other
			 substance has a low potential for abuse relative to the drugs or other
			 substances in schedule III.
(ii)
											The drug or
			 other substance has a currently accepted medical use in treatment in the United
			 States.
(iii)
											Abuse of the drug or other substance may lead to
			 limited physical dependence or psychological dependence relative to the drugs
			 or other substances in schedule III.
(e)
										Schedule V.
(i)
											The drug or other
			 substance has a potential for abuse relative to the drugs or other substances
			 in schedule IV.
(ii)
											The drug or other substance has a currently accepted
			 medical use in treatment in the United States.
(iii)
											Abuse of the
			 drug or other substances may lead to limited physical dependence or
			 psychological dependence relative to the drugs or other substances in schedule
			 IV.
(3)
									Federal legal sanctions.
Federal trafficking penalties can be
				found by visiting the drug enforcement administration website at
www.dea.gov
.
(4)
									State and local
			 legal sanctions.
(a)
										Drug offenses.
A detailed description of drug offenses
				in the state of Ohio is found in the following sections of the Revised
				Code:
(i)
											In section
			  2925.02  of the Revised Code,
			 "Corrupting another with drugs."
(ii)
											In section
			  2925.03  of the Revised Code,
			 "Trafficking in drugs."
(iii)
											In section
			  2925.11  of the Revised Code,
			 "Drug abuse."
(iv)
											In section
			  2925.12  of the Revised Code,
			 "Possessing drug abuse instruments."
(v)
											In section
			  2925.13  of the Revised Code,
			 "Permitting drug abuse."
(vi)
											In section
			  2925.14  of the Revised Code,
			 "Drug paraphernalia offenses."
(vii)
											In section
			  2925.21  of the Revised Code,
			 "Theft of drugs."
(viii)
											In section
			  2925.22  of the Revised Code,
			 "Deception to obtain a dangerous drug."
(ix)
											In section
			  2925.23  of the Revised Code,
			 "Illegal processing of drug documents."
(x)
											In section
			  2925.31  of the Revised Code,
			 "Abusing harmful intoxicants."
(xi)
											In section
			  2925.32  of the Revised Code,
			 "Trafficking in harmful intoxicants."
(xii)
											In section
			  2925.36  of the Revised Code,
			 "Illegal dispensing of drug samples."
(xiii)
											In section
			  2925.37  of the Revised Code,
			 "Offenses involving counterfeit controlled substances."
(xiv)
											In section
			  2925.56  of the Revised Code,
			 "Unlawful purchase of pseudoephedrine."
(xv)
											In section
			  2925.57  of the Revised Code,
			 "Unlawful sale of pseudoephedrine."
(xvi)
											In section
			  4301.69  of the Revised Code,
			 "Underage alcohol offenses."
It is against the law to have in your possession an open
				container of beer or any alcoholic beverage on the street, in any public place
				not licensed to sell alcoholic beverages for consumption on the premises or in
				a motor vehicle.
(b)
										The charges filed
			 and penalties imposed for violation of these sections of the Revised Code
			 depends on several factors, including but not limited to the classification of
			 the drug (marijuana or class I, II, III, IV, V), quantity involved, location of
			 the offense and past criminal record.
(c)
										Charges filed can
			 range from a minor misdemeanor to a
										
										 first degree felony
			 and penalties imposed can range from three months to twelve years incarceration
			 and fines from one thousand to fifty thousand dollars.
(5)
									visit
			 the national institue on Drug Abuse as
www.drugabuse.gov
for the health risks of the
			 most commonly used drugs.
(6)
									Available assistance.
Any student with a drug or alcohol
				problem should seek counseling from the student services office. If
				appropriate, referrals may be made to community -based agencies, such as first
				city recovery or the care unit hospital program.
(7)
									Campus sanctions
			 - student violations.
Drug and alcohol violations fall under
				the college's conduct policy and will result in disciplinary action including
				but not limited to the completion of an appropriate rehabilitation program,
				referral for prosecution, expulsion, or other appropriate action as determined
				by the administration. The decision as to whether a specific kind of behavior
				is a violation will rest with the administrationter.
Any student who elects to appeal a
				decision made under the conduct policy may do so by following the judicial
				appeal process as described in paragraph (B) of this rule.