Students,
This is important information that all students need to know; outlined below is
the University of Vermont’s illicit drug policy and also federal law regarding
federal financial aid and results of conviction of possessing or selling
illicit drugs. Please inform yourself of the potential consequences of using
illegal drugs on campus; if you break the law you may lose financial aid
eligibility and can also face fines, expulsion and even imprisonment. If you
have any questions regarding these policies you can contact the Office of
Judicial Affairs at 656-4360 or UVM Police Services at 656-FIRE (3473). Law
enforcement and other authorities will hold you responsible for your behavior,
so please act accordingly.
Thanks,
Joseph Thibault
Student Government
Student Alcohol and Other Drug Policy*
2. Illicit Drugs
a. Possessing or using illegal substances, as defined by federal, state, and
local statutes.
b. Possessing or using controlled substances as defined by federal, state, and
local statutes. (Controlled substances may be taken pursuant to a properly
issued prescription, provided the controlled substance is taken as and in the
amount prescribed.)
c. Distributing, selling, or possessing with the intent to distribute illegal
or
controlled substances, as defined by federal, state, and local statutes.
d. Possessing or using drug paraphernalia (including but not limited to pipes,
bongs, etc.)
e. Being under the influence of illegal or controlled substances as
demonstrated
by actions and/or other evidence.
D. Enforcement
The enforcement of community standards is a shared responsibility of all
community members:
The Department of Police Services, as agents of the University and commissioned
law enforcement officers of the State of Vermont, will investigate any
violations of federal and state statutes and/or University regulations. The
police officers' law enforcement authority, pursuant to 16 VSA section 2283, is
statewide.
Faculty, staff, and students intervene as appropriate when observing violations
of the Alcohol and Other Drug Policy. In addition, Residential Life staff
respond in any residential area, including student rooms, when it is apparent
that there are violations of the Alcohol and Other Drug Policy or when behavior
infringes on the rights of others or may affect the health and safety of
members of the community.
Alleged violations of this policy may be referred to the University Judicial
System and/or to local authorities.
SUMMARY OF RELEVANT PROVISIONS OF VERMONT LAW
Marijuana
It is a crime to knowingly possess, cultivate, deliver, or sell marijuana.
Penalty for a first violation of possession includes a fine up to $500 and/or
imprisonment up to 6 months. Penalties for delivering or selling include a fine
up to $10,000 and/or imprisonment up to two years. Subsequent violations,
cultivation, delivering, or sales of l/2 ounce or more include much heavier
fines e.g. up to $500,000 and much longer imprisonment, e.g. up to 15 years.
TITLE 34—EDUCATION: DEPARTMENT OF EDUCATION
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS**
Sec. 668.40 Conviction for possession or sale of illegal drugs.
(a)(1) A student is ineligible to receive title IV, HEA program funds if
the
student has been convicted of an offense involving the possession or sale of
illegal drugs for the period described in paragraph (b) of this section.
However, the student may regain eligibility before that period expires under
the conditions described in paragraph (c) of this section.
(2) For purposes of this section, a conviction means only a conviction that
is on a student's record. A conviction that was reversed, set aside, or removed
from the student's record is not relevant for purposes of this section, nor is
a determination or adjudication arising out of a juvenile proceeding.
(3) For purposes of this section, an illegal drug is a controlled substance
as defined by section 102(6) of the Controlled Substances Act (21 U.S.C.
801(6)), and does not include alcohol or tobacco.
(b)(1) Possession. Except as provided in paragraph (c) of this section, if
a
student has been convicted--
(i) Only one time for possession of illegal drugs, the student is
ineligible
to receive title IV, HEA program funds for one year after the date of
conviction;
(ii) Two times for possession of illegal drugs, the student is ineligible
to
receive title IV, HEA program funds for two years after the date of the second
conviction; or
(iii) Three or more times for possession of illegal drugs, the student is
ineligible to receive title IV, HEA program funds for an indefinite period
after the date of the third conviction.
(2) Sale. Except as provided in paragraph (c) of this section, if a student
has been convicted--
(i) Only one time for sale of illegal drugs, the student is ineligible to
receive title IV, HEA program funds for two years after the date of conviction;
or
(ii) Two or more times for sale of illegal drugs, the student is ineligible
to receive Title IV, HEA program funds for an indefinite period after the date
of the second conviction.
(c) If a student successfully completes a drug rehabilitation program
described in paragraph (d) of this section after the student's most recent drug
conviction, the student regains eligibility on the date the student
successfully completes the program.
(d) A drug rehabilitation program referred to in paragraph (c) of this
section is one which--
(1) Includes at least two unannounced drug tests; and
(2)(i) Has received or is qualified to receive funds directly or indirectly
under a Federal, State, or local government program;
(ii) Is administered or recognized by a Federal, State, or local government
agency or court;
(iii) Has received or is qualified to receive payment directly or
indirectly
from a Federally- or State-licensed insurance company; or
(iv) Is administered or recognized by a Federally- or State-licensed hospital,
health clinic or medical doctor.
*Information regarding UVM’s illicit drug policy is found online at
http://www.uvm.edu/~uvmppg/ppg/student/drugandalco.html
**Information regarding Higher Education and provisions on drug conviction and
its bearing on federal financial aid can be found online at
http://www.gpoaccess.gov/cfr/index.html with a search for “[2003] 34CFR668--
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS”
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