Drug Free Schools & Campuses
Policy
Delgado Community College prohibits the abuse of drugs, including alcohol. 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 use of alcohol on Campus, except as designated in the College policy as reflected in PPm 1475.IB “Alcohol Beverages at Student Functions.”
The College provides counseling, referral services and other assistance to students, faculty, and staff who seek help with substance abuse problems. Alcohol and drugs can seriously damage physical and mental health, as well as jeopardize personal and public safety. For these reasons, violators of the Delgado drug policy will face disciplinary action, as outlined in PPm SA 1448.1A “Policy on Substance Abuse.”
Penalties for students who are substance abusers include suspension or expulsion. Penalties for faculty and staff members include termination of employment.
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).
This information may help you to understand the legal risks associated with drug policy and alcohol abuse. It also explains some aspects of Delgado drug policy, the various penalties that apply to substance abusers, and where to go for help. Phone (504) 671-6009 or come by the Student Health Services office, Rm. 102, Bldg. 11, if you have any further questions about alcohol and /or drugs and their effects on you, your family, or your friends.
College Sanctions
Violations of the College drug policy by students, faculty, or staff will result in disciplinary action. 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.
Disciplinary actions taken against students will be imposed in accordance with the school standards. Violations by individual employees will be handled in accordance with the policies of the Employee Handbook.
Disciplinary actions taken against classified employees will be conducted in accordance with the State Civil Service Rules.
Non-classified employees will be disciplined through their direct supervisor, director, or dean. Other employees not listed above are subject to similar types of sanctions.
Legal Sanctions for Drugs
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 maximum penalty provided by Louisiana law for possession of hallucinogenic drugs, opium derivatives, and depressants is imprisonment at hard labor without benefit of probation or suspension of sentence. An additional fine of up to $15,000 may also be imposed.
The penalty for violating Louisiana laws concerning cocaine, cocaine derivatives, and amphetamines is not less than five years nor more than 30 years of imprisonment at hard labor, with a possible $15,000 fine.
The revised criminal code carries specific penalties for possession of marijuana. A first conviction warrants up to six months in prison and the possibility of a $5,000 fine. A second conviction earns up to five years imprisonment and a $2,000 fine. A third conviction earns up to 20 years imprisonment. Much more severe penalties exist for possessing marijuana with intent to distribute or for actual distribution: hard labor for up to 40 years and fines as high as $500,000.
Legal Sanctions for Alcohol
It is unlawful in Louisiana for anyone under 21 years of age to purchase any alcoholic beverage. It is unlawful in Louisiana for anyone under 21 years of age to publicly possess any alcoholic beverage for any reason, in any place open to the public-including clubs that are de facto 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.
Driving under the influence of alcohol is illegal in Louisiana, and anyone with a blood alcohol level of .10 or above will be charged with driving while intoxicated (DWI) or driving under the influence (DUI).
FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
- The right to inspect and review the student’s education records within 45 days of the day the college receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify record(s) they wish to inspect. The college official will make arrangements for access and notify the student of the time and place where the records may be inspected.
If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the college to amend a record they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
An exception permitting disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Supervisors; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting a school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the college discloses education records without consent to officials of another school in which a student seeks or intends to enroll. [NOTE: FERPA requires an institution to make a reasonable attempt to notify the student of the records request unless the institution states in its annual notification that it intends to forward records on request.]
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Delgado Community College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Ave., SW
Washington, DC 20202-4605
Withholding Directory Information
Delgado Community College does not normally disclose directory information. However, at its discretion, it may provide directory information in accordance with the provision of the Family Educational rights and Privacy Act of 1974, as amended, to include: the student’s name, local and home address, telephone number, e-mail address, date and place of birth, photographs, dates of enrollment and full or part time status, schedule of classes, division in which enrolled, major field of study and classification, degrees earned awards and honors received and respective dates, participation in officially recognized activities and sports, weight and height of members of athletic teams and recent previous educational agency or institution attended by the student.
Students may request non-disclosure of this directory information and the request forms can be completed at the Office of the Registrar’s help desk located on the second floor of Bldg. 2, Rm. 202. A new form for non-disclosure must be completed each semester and summer session. This form becomes invalid at the end of each semester/ session. Please allow two (2) working days for processing.
If you have any questions or comments, please contact us via telephone or mail. Our address is:
Delgado Community College,
Office of the Registrar 615
City Park Avenue
New Orleans, LA 70119
(504) 671-5022
Student Judicial Code
Student Rights
In order to preserve and to guarantee students of Delgado Community College those conditions indispensable to the full achievement of the objectives of higher education in a free democratic society, the college holds the following rights essential to the complete development of students as individuals and to the fulfillment of their responsibilities as members of this society:
- The right of every person to be considered for admission to Delgado Community College without regard to race, color, sex, age, disability, national origin, religious or political beliefs, sexual orientation, marital or veteran status.
- The right of students to form and participate in Campus, local, national, or international organizations for intellectual, religious, social, political, economic or cultural purposes, when such organizations do not infringe upon the rights of others.
- The right of students, individually or in association with others, to engage freely in off-Campus activities, provided they do not claim to represent the college.
- The right to issue official student publications following the procedures set forth by the college’s Student Publications Committee.
- The right to form and maintain democratic student governance.
- The right to use Campus facilities provided the facilities are used for the purpose contracted and subject to the approval of the appropriate College official.
- The right of students to invite and hear speakers of their choice on topics of their choice subject to the approval of the appropriate College official.
- The right to petition proper channels for changes in curriculum or faculty.
- The right to due process in all discipline matters and the right to appeal to the proper authority or committee.
- Enumeration of certain rights herein shall not be construed as to nullify or limit other rights possessed by students.
Student Responsibilities
It is the responsibility of every student to conduct himself or herself in a manner fitting an academic environment. In most cases, the exercise of good sense and judgment prevail.
The following acts as set forth by legislative act and Board of Supervisor’s policy are contrary to acceptable conduct. Any student who commits or attempts to commit any acts such as, but not limited to the following, will be subject to disciplinary proceedings:
- Intentional obstruction or disruption of teaching, research, administration, disciplinary procedure, or other authorized College event.
- Unauthorized occupation or unauthorized entry into any college facility.
- Physical abuse or threat thereof against any person on Campus or at any College authorized event, or other conduct which threatens or endangers the health and safety of any such persons.
- Theft or damage to a person on the Campus or to the property of the College. Intentional interference with the right of access to College facilities or with any lawful right of any person on the Campus.
- Setting a fire on Campus without proper authority.
- Unauthorized use or possession on the Campus of firearms, ammunition, or other dangerous weapons, substances, or materials.
- Academic dishonesty, such as cheating or plagiarism.
- Knowingly furnishing false information to the College.
- Forgery, alteration, or misuse of College documents, records or identification.
- Use, possession or distribution of narcotic or dangerous drugs such as marijuana, hallucinogens, and other drugs which are not prescribed or expressly permitted by law.
- Failure to comply with the directives of Campus police officials and any other law enforcement officers acting in performance of their duties, or to identify oneself to these officers when requested to do so.
- Conduct which adversely affects the student’s suitability as a member of the academic community (e.g., drunkenness, use of profanity, disorderly conduct).
- Aiding or inciting others to commit any act set forth above.
- Smoking outside of designated smoking areas as prohibited by the College’s smoking policy.
- Gambling in any form on College property.
- Use or possession of any alcoholic beverage on Campus except at functions as approved by the Chancellor of the College.
- Misuse or abuse of computer equipment, programs, or data. Unauthorized use of computing resources or use of computing resources for unauthorized purposes is prohibited.
This may include but is not limited to such activities as accessing or copying programs, records, or data belonging to the College or another user without permission; attempting to breach the security of another user’s account or deprive another user of access to the College’s computing resources; knowingly or carelessly performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks; using the College’s computing resources for personal or financial gain; allowing non-College personnel access to College computing resources; displaying obscene, lewd, or sexually harassing images or text in use of College computing services; transporting copies of College programs records or data to another person or computer site without written authorization; attempting to destroy or modify programs, records or data belonging to the College or another user.
Due Process/Judicial Procedures
As directed by the Board of Supervisors for the Louisiana Community and Technical College System, Delgado must establish a student disciplinary procedure.
A student may be required to sign/conform to a behavioral contract or may be placed on probation, suspended from the College for a definite period of time, or expelled from the College for disciplinary reasons.
For a complete description of the policy and procedures, see the College’s “Student Judicial Code” policy, which is available at www.dcc.edu (click on “Current Students” then “Student Policies”) or in the Office of Student Life of each Campus or site.
Hazing
Following the purpose and philosophy of Delgado Community College, the Louisiana Community and Technical College System Board of Supervisors, and the laws of the State of Louisiana, it is believed that true fraternalism can be nurtured only in an atmosphere of social and moral responsibility. Furthermore, hazing is believed to be inconsistent with the responsibility of Greek and/or other student organizations to conduct safe, constructive student education. The fact that the individual may be willing to submit voluntarily to hazing in no way diminishes the College’s responsibility to refrain from these activities.
To eliminate the harmful practice of hazing, Delgado Community College has adopted the following policy to be followed by all students, student organizations (including but not limited to Greek organizations, clubs, and athletic teams), groups and individuals on its Campuses. No student organization is to employ a program of student initiation/pledge education that includes “hazing.” Hazing is defined as
- any action taken or situation created, whether on or off College property, which is life threatening to an individual;
- kidnapping, paddling, slapping, branding, burning with a cigarette, or any such activities which are life threatening to or are intended to hurt or to humiliate physically or mentally an individual.
Hazing may include but is not limited to the following activities when these activities are life threatening or intended to hurt or to humiliate physically or mentally:
- physical exercise; scavenger hunts; road trips; any activity resulting in excessive fatigue, physical or psychological shocks
- wearing apparel which is uncomfortable to the individual, or if worn publicly, is conspicuous or not normally in good taste
- engaging in public stunts or buffoonery; hair cutting; morally degrading or humiliating games or activities; giving of food or drink (alcoholic or non-alcoholic) which is distasteful or designed to provoke nausea or inebriation
- any form of verbal harassment; any action or situation which subjugates an individual to a condition where he/she might tend to lose self-respect or suffer injury to personal or religious values
- any activities which interfere with the student’s scholastic responsibilities
- the use of obscenities and vulgarities in dress, language, or action.
It is the duty of all student organization members and pledges to report immediately, in writing, any violation of this policy to the appropriate Student Affairs professional on the Campus where the incident occurred. Any violation of this policy will be investigated by a person(s) appointed by the Chancellor, and appropriate disciplinary action will be taken following the procedures outlined in the College’s Student Judicial Code.
Non-Discrimination
Delgado Community College assures equal opportunity for all qualified persons without regard to race, color, religious or political affiliation, gender, sexual orientation, citizenship, national origin, age, disability/handicap or marital status or veteran’s status, pregnancy, childbirth and related medical conditions, and the sickle cell trait in the admission to, participation in or employment in programs and activities of the College.
Delgado Community College has a designated 504/ADA Coordinator and provides academic adjustments and auxiliary aids to qualified students. Delgado Community College does not discriminate on the basis of race, color, gender, religion, national origin, age, or disability. Anyone with concerns or complaints about services offered should contact Larissa Littleton-Steib, Equal Access Equal Opportunity Officer, at (504) 762-3004. |