Drug-Free Schools Communities Act

I. Purpose

The Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act of 1989, as well as the policies of Northern Illinois University prohibit the unlawful possession, use, and/or distribution of controlled substances and alcohol on university property, or in association with any university-related activities.

II. Policy

As an institution of higher education, Northern Illinois University is dedicated to maintaining an environment in which students can achieve their academic, personal, and professional ambitions. The possession or use of illegal drugs, as well as the use or abuse of legal drugs such as alcohol seriously undermines the goals of the University, as well as the goals of our students and staff. To mitigate the impact of drug and narcotic use, the University will enforce and follow all relevant local, state, and federal laws; as well as University policies, including:

• The unlawful possession, use, or distribution of illicit drugs and alcohol by students and staff on NIU property, or at NIU-related events.

Northern Illinois University will impose disciplinary sanctions on students and staff consistent with local, state, and federal laws. Sanctions may include, but are not limited to, academic suspensions or expulsions for students, and termination of employment for staff members. When appropriate Northern Illinois University will also refer cases for criminal prosecution; or refer students and staff members to a rehabilitation program as a condition of an administrative sanction.

This policy will be reviewed no less than on a biennial basis in an effort to determine the effectiveness of the policy and implement any needed changes; and to ensure that the sanctions imposed for violations of this policy are consistently and fairly enforced.

Northern Illinois University encourages students and staff to voluntarily obtain assistance for dependency or abuse problems before such conduct results in personal, professional, or educational harm. Assistance for students and staff of NIU is available from a wide range of resources, some of which are listed below. Northern Illinois University does not endorse any particular off-campus provider, and invites individuals seeking assistance to utilize the local yellow pages for additional providers.

Northern Illinois University may impose disciplinary sanctions upon any student or employee who is found to be in violation of laws or policies relating to the unlawful possession, use, or distribution of drugs and alcohol. Common sanctions imposed on students or employees for violations of this policy can be found below. Northern Illinois University may use, but is not limited to, any one or combination of the below listed sanctions.

Common Administrative Sanctions for Faculty and Staff

• Referral to an educational or rehabilitation program; (employees who are convicted of drug or alcohol-related offenses can be required to demonstrate satisfactory completion of such a program).
• Referral for fitness for duty evaluation;
• Employee discipline (including suspension or dismissal) pursuant to provisions of the NIU Board of Trustees Regulations, NIU Constitution and By-Laws, NIU personnel policies, or those of the State Universities Civil Service System;
• Referral for criminal prosecution;
• Additional procedures may pertain to employees in designated positions subject to the Federal Department of Transportation Alcohol and Drug Testing Program regulations.

In addition to the measures outlined above, as a condition of employment, an employee directly engaged in work pursuant to a federal grant or contract must abide by the terms of this policy, and must notify the university no later than five days after any criminal drug statute conviction, if the criminal act upon which the conviction is based occurred upon property owned, operated, or controlled by the university. Each employee engaged in the performance of a federal grant or contract shall be given a copy of this policy notification. The university will notify the granting or contracting agency within ten days after receiving notice from a covered employee or otherwise receiving actual notice of such convictions.

Common Administrative Sanctions for Students of Northern Illinois University

Referral for action under the Student Code of Conduct (including the possibility of expulsion or suspension).

Sanctions permitted by Northern Illinois University for student misconduct

Northern Illinois University wishes to inform students that the below listed sanctions may be imposed on a student for violations of the student conduct code. More than one sanction may be imposed for a single offense. This list is non-exhaustive, and subject to the determination of appropriate Administrative Hearing Officer or Conduct Board.

• Class Removal or Reassignment:  A sanction that removes a student from a class or requires a student to move into a different class or section. 
• Community Service: A sanction that requires a Student or Recognized Student Organization to complete hours of service to Northern Illinois University or the DeKalb Community;
• Deferred Sanction: A sanction that is deferred may become effective if the Student is found “responsible” or accepts responsibility for a future violation of the Student Code of Conduct or other institutional policy. Any sanction may be deferred, the deferred sanction will include the length of deferment and the expiration date of the deferred sanction;
• Discretionary Sanctions: A sanction that requires work assignments, written assignments, service to Northern Illinois University, or other related discretionary assignments;
• Educational Sanctions: A sanction that includes but is not limited to the requirement of the completion of an educational assignment or assessment. (e.g., research paper, program presentation, interviews, Partner Abuse Intervention Program, anger assessment, etc.);
• Fines: An amount of money applied to the Bursar’s Account of the Student or Recognized Student Organization for violation of a University or Department policy;
• Formal Written Warning: A notice in writing to the Student or Recognized Student Organization indicating a violation of institutional regulations;
• Loss of Privileges: A denial of specified privileges for a designated period of time (e.g., inability to have guests/visitors, inability to hold social functions, etc.);
• Loss of Recognized Student Organization Status: A loss of all privileges, including Northern Illinois University recognition as a student organization, for a specified period;
• Probation: Probation for a designated period that includes the probability of more severe disciplinary sanctions if the Student is found to violate any institutional regulation(s) during the probationary period;
• Residence Hall Expulsion: Permanent separation of the student from the residence halls;
• Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified;
• Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement;
• Revocation of Admission and/or Degree: A revocation of admission to or a recommendation of revocation of degree awarded by the University;
• University Expulsion: A permanent separation of the student from Northern Illinois University;
• University Suspension: A separation of the student from Northern Illinois University for a definite period of time, after which the student, upon completion, may be eligible to return;
• Withholding Degree: A withholding of the awarding of a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct.

State of Illinois Laws

Violation of Alcohol Control Statutes

Excerpted from 235 ILCS 5/6-20

In Illinois, it is a violation of the law, and a Class A misdemeanor to:

• Accept the delivery of alcohol if you are under 21 years of age;
• Use a false ID card, including another person’s authentic ID card to purchase alcohol; and
• Consume alcohol when under 21 years of age.

Driving under the Influence of Alcohol or Other Drugs

Excerpted from 625 ILCS 5/11-501

Driving under the influence of alcohol or other drugs can lead not only to a loss of life or health, but also cause monetary damages and imprisonment. It is a violation of the law which can lead to:

• Loss of  driving privileges;
• Fines;
• Imprisonment;
• Administrative Sanctions; and
• Community Service Assignments.

Students and staff should be aware that repeat offenses, as well as violators being under 21, are examples of scenarios where more severe punishments may be imposed for violations of the law.

Cannabis

Possession - Excerpted from 720 ILCS 550/4

It is a violation of the law in Illinois to possess cannabis, which can lead to the below listed charges for first-time offenses:

Sale or Delivery – Excerpted from 720 ILCS 550/5

Manufacturing, delivering, possessing with the intent to deliver, or selling cannabis is a violation of Illinois law, which can lead to the below listed charges for first-time offenses:

Federal Drug Laws

Denial of Federal Aid – Suspension of Eligibility for Drug-Related Offenses (20 U.S.C. 1091 (r)).

Students who are convicted of any offense under any Federal or State law, which involved the possession or sale of a controlled substance, for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance from the Federal government, shall be ineligible for aid for

Criminal forfeitures – 21 U.S.C. 853

Students and staff should be aware that a person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any real property, tangible property and intangible property related to the conviction; including but not limited to: houses, cars, and other personal belongings.

Federal Drug Trafficking Penalties – 21 U.S.C. 841

The following are guidelines for federal sentencing for selling, manufacturing, distributing, or possessing with the intent to distribute, the below listed drugs; for first time offenses which do not result in the death or bodily injury of another person.

Federal Drug Possession Penalties – 21 U.S.C. 844(a).

Federal law prohibits the possession of a controlled substance which was not obtained directly pursuant to a valid prescription or order. This includes illegal drugs, as well as drugs which would be legal if taken by someone holding a valid prescription for their use. Violations of federal drug possession laws have the possibility of up to one year in prison, and up to $10,000 fines for the first offense.

Health Risks of Commonly Abused Substances