Drug-Free Schools and Communities Act
The Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226) requires the College to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees. This program must include the following:
- Standards of conduct concerning the unlawful possession, use, or distribution of drugs, and the illegal use of alcohol by students and employees on College property or at any College activity;
- Description of legal sanctions;
- Clear statement of the College’s sanctions for violations;
- Description of any available drug and alcohol counseling, treatment, or rehabilitation services; and
- Description of the health risks associated with use of illicit drugs and abuse of alcohol.
The information below is in compliance with the requirements of the Act.
In an effort to assure compliance with Public Law 101-226, all facilities of Delgado Community College are designated as Drug Free Zones. The College abides by all state, federal, and local laws pertaining to alcohol and will enforce underage drinking laws. It is unlawful to possess, use, or distribute illicit drugs on Delgado property or at any college-sponsored event, whether or not the event occurs on campus. In addition, Delgado prohibits the consumption, possession, or distribution of alcohol on campus, except as designated in the College’s Alcoholic Beverages at Student Functions policy.
Alcohol and drug use is a major issue in the community and on college campuses. Alcohol and drugs can seriously damage physical and mental health, as well as jeopardize personal and public safety. In addition, excessive alcohol consumption may lead to physical abuse, date rape, auto accidents, violence, and other behaviors that lead to self-destruction.
The College provides referral services and other assistance to students, faculty, and staff who seek help with substance abuse problems. Students, faculty or staff seeking help with substance abuse problems should be referred through the online Referral Form.
College Sanctions
Violations of the college drug policy by students, faculty, or staff will result in disciplinary action, as outlined in Delgado’s Drug-Free College policy. Depending on the nature of the offense, this can take the form of a written reprimand, suspension, demotion, reduction in pay, or termination of the person’s association with Delgado. Penalties for faculty and staff members may include termination of employment. Disciplinary actions against students will be imposed in accordance with the College’s Student Judicial Code, and may include suspension or expulsion. As with all illegal activities, substance abuse can result in criminal prosecution as well, under state and federal laws, including section 22 of the Drug-Free Schools and Campuses Act Amendment of 1989 (Public Law of 101- 226).
Legal Sanctions
It is unlawful in Louisiana to produce, manufacture, distribute, dispense, or possess illegal drugs. The most common illegal drugs on college campuses are marijuana, opium derivatives, hallucinogens, depressants, cocaine, cocaine derivatives, and amphetamines. The Criminal Code of Louisiana carries specific penalties for the possession and use of illegal drugs. Louisiana Revised Statute 40:981.3, Violation of Uniform Controlled Dangerous Substances Law; Drug Free Zone, states that any person who violates a provision of the Uniform Controlled Dangerous Substances Law (Louisiana Revised Statute 40:966-970) while on any property used for school purposes by any school, within two thousand feet of any such property, or while on a school bus, shall, upon conviction, be punished by the imposition of the maximum fine and be imprisoned for not more than one and one-half times the longest term of imprisonment authorized by the applicable provisions of R.S. 40:966 through 970 of the Uniform Controlled Dangerous Substances Law.
It is also unlawful in Louisiana for anyone under 21 years of age to purchase or possess any alcoholic beverages for any reason, in any place open to the public. Exceptions occur when the alcohol is possessed or consumed for the following reasons: for established religious purposes; for medical purposes when prescribed by a licensed authority; when an 18-20 year old is accompanied by a parent, spouse, or legal guardian at least 21 years of age; in private residences or private clubs or establishments when lawfully employed by a licensed enterprise for the lawful sale, handling, transport or dispensing of alcoholic beverages. In accordance with Louisiana Revised Statute 14:98, Operating a Vehicle While Intoxicated, driving under the influence of alcohol is illegal in Louisiana, and anyone with a blood alcohol concentration of .08 or above will be charged with driving while intoxicated (DWI) or driving under the influence (DUI).
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