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.
Legal Background
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.
UPS 330.231
Effective: December 4, 1968
|
