POLICY REGARDING THE ILLEGAL USE OF DRUGS BY STUDENTS
As a member of the educational community, the university is concerned with the problems created by the misuse and illegal use of drugs by students. This concern extends to the physical pathologies created by the use of tobacco and to the physical and social problems created by the use of alcohol. Most especially, however, it is centered about the illegal use of the hallucinogens, marijuana, and the misuse of certain depressants and stimulants such as barbiturates and amphetamines. The formulation of this policy statement is a result of this concern.
As an institution dedicated to the pursuit of knowledge, the university has an obligation to view the use of these drugs objectively and rationally, and to assist its students in doing so. It is the educational responsibility of the university to provide students with the facts which are now available on the most commonly abused drugs, including the current laws on drugs and the consequences of their violation.
The use, possession, and/or sale of marijuana, dangerous drugs, and LSD is unlawful under the California Health and Safety Code. It is, likewise, unlawful to be in the presence of a person using illegal drugs.
Persons who are arrested on this offense must face having a “police record” which they must report on many applications for employment, regardless of whether they are subsequently convicted. Conviction of a felony currently carries penalties of imprisonment for a minimum of one (1) year and a maximum of ten (10) years for the first offense.
Fullerton police narcotics officers have full jurisdiction on the campus of the university and in university recognized student housing. They may enter these premises, providing, of course, that their visit is conducted in a lawful manner.
Counseling for Unobserved Drug Users
The university acknowledges that the use of drugs can well lead to serious problems for some students. In order to encourage students with problems related to drug use to seek professional help within the university, it shall be the policy of the university, except as may be required by law, not to report to civil authorities students who voluntarily state that they have used such drugs if they have not also been observed using drugs on campus or in university recognized housing by a faculty or staff member.
The university neither advocates nor condones the breaking of the law. However, the confidential communication approach with regard to unobserved drug users recognizes the fact that voluntary admission to a university official by a student that he used drugs does not at present appear to constitute grounds for prosecution of a student by civil authorities. For the same reason, voluntary admission of use, unsupported by competent witnesses, will not subject a student to university disciplinary action. Local law enforcement personnel have been consulted in this matter and are in agreement.
Observed Use of Dangerous Drugs or Narcotics On Campus or in Recognized Living Organizations
While it wishes to provide professional counseling and medical assistance to students having drug related problems, the university can not permit the illegal use or possession of drugs on campus or in university recognized student living organizations. In addition, such use or possession may cause the user’s fellow students inadvertently to become involved in an illegal activity and would place the university in a position of disregard of the law.
Thus, while it will not violate the student’s basic right to be protected against unreasonable search and seizure, the university will pursue every ethical means of locating illegal drug use or possession on campus and in recognized living organizations and will turn over to appropriate civil authorities any hard evidence (as opposed to hearsay evidence) it may find concerning the use of or possession of dangerous drugs or narcotics by students in these areas.
Sale of Dangerous Drugs or Narcotics On Campus or in University Recognized Student Living Organizations
Every reasonable effort will be made to identify persons who sell dangerous drugs or narcotics on campus or in university recognized living organizations. Hard evidence (as opposed to hearsay evidence) will be made available to civil authorities.
Responsibility for Drug Education
The office of the Vice President for Student Affairs will regard it as its responsibility to continue to collect information regarding these drugs and to make this information readily available to its students.
Effective: December 4, 1968