/Institutions/Cumberland-University/json/2019-2020/2019-2020-local.json

/Institutions/Cumberland-University/json/2019-2020/2019-2020.json

2019-2020 Catalog > Student Development > Drug and Alcohol Policy

Drug and Alcohol Policy

Unauthorized possession, use, or distribution of drugs and alcohol by students on University property is strictly prohibited. Violation of this policy will result in disciplinary sanctions and/or may result in arrest by an appropriate law enforcement agency. Under Tennessee law it is unlawful for any person under the age of 21 to buy, possess, transport (unless in the course of their employment), or consume alcoholic beverages, including wine or beer. It is also unlawful for any adult to buy alcoholic beverages for or furnish them for any purpose to anyone less than 21 years of age. These offenses are Class A Misdemeanors punishable by imprisonment for not more than eleven months and twenty-nine days, or a fine of not more than $2,500, or both. (T.C.A. § 1-3-113, 39-15-404, 57-5-301.)

The offense of public intoxication is a Class C Misdemeanor punishable by imprisonment of not more than thirty days or a fine of not more than $50, or both. (T.C.A. § 39-17-310.) Under law, the offense of possession or casual exchange of a controlled substance (such as marijuana) is punishable as a Class A Misdemeanor (eleven months twenty-nine days and/or a fine of $2,500). For the third and subsequent offense of possession of 1/2 oz. or less of marijuana, punishment is one to six years of imprisonment and a $3,000 fine. If there is an exchange from a person over 21 years of age to a person under 21, and the older person is at least two years older than the younger, and the older person knows that the younger is under 21 years of age, then the offense is classified as a felony. (T.C.A. § 39-17-417, 21 U.S.C. § 801, et seq.; T.C.A. § 39-17-417.) Possession of more than 1/2 oz. of marijuana under circumstances where intent to resell may be implicit is punishable by one to six years of imprisonment and a $5,000 fine for the first offense.

1. It is the policy of Cumberland University, pursuant to the Drug-free Schools and Communities Act Amendments of 1989 (20 USC I 145g) (34 CFR 86) to maintain a drug-free campus and work environment. It shall be unlawful to manufacture, distribute, dispense, possess, sell, or use a controlled substance at Cumberland University or any of its facilities. Controlled substances, as cited in 21 USCA 812, would include drugs such as opium, opium derivatives, and hallucinogens (like marijuana, mescaline, peyote, LSD, Psilocybin, cocaine, amphetamines, codeine, heroin, or morphine). Controlled substance abuse does not include prescribed use of lawfully prescribed drugs which are being taken under the supervision of a provider licensed to prescribe controlled substances.
2. Students are encouraged to seek counseling and treatment for substance abuse problems when they exist. The University will report any apparent unlawful use of a controlled substance on University property to the appropriate authorities. Furthermore, the University will not tolerate the presence of students who are under the influence of a controlled substance. Any observer is responsible for informing University personnel promptly of any apparent violation of this policy (615-476-3061). University personnel will refer the matter to authorities and/or professional counselors for evaluation, as deemed appropriate, and will inform the Dean of Students of action taken. All monetary charges related to professional counseling are the responsibility of the student.
3. Students are required to notify the Dean of Students of any drug conviction within five days after their conviction in writing. Conviction includes a finding of guilt, a plea of nolo contendere, or imposition of a sentence by any local, state or federal court. Failure of the student to so notify Cumberland University of a drug conviction with five days after the conviction may result in suspension of the student from the University. Upon entering the rehabilitation program, the student shall sign a written release allowing the program to communicate with the University regarding the student’s participation and progress in the program.
4. Students convicted for personal use or possession of a controlled substance or possession of a controlled substance will be subject to disciplinary action up to and including suspension. Students who are disciplined by means of suspension or other action will be required to successfully complete a certified rehabilitation program (at the expense of the student). Application to a certified rehabilitation program must be made within 30 days of the date that disciplinary action was taken. A letter from the certified rehabilitation program, stating the date of entry into the program and the date of completion of the program, must be filed with the Dean of Students as a condition precedent to the student’s eligibility to return to the University. Failure to make application to a certified rehabilitation program within 30 days or failure to complete the program will result in suspension from the University.
5. Students must, as a condition of enrollment, abide by terms of the above policy.