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Disciplinary Sanctions

A description of the College of Charleston disciplinary actions that may be taken associated with the use of illicit drugs and the abuse of alcohol.
Source:  http://studentaffairs.cofc.edu/honor-system/studenthandbook/index.php  
Alcohol Policies, Section 2. Alcohol-Related Violations
                        Section 17. Procedures for the Use of Alcohol on Campus or During College Sponsored Events,
                        Section 17-2. Sanctions.
Drug Policies. Section 4. Sanctions.
Printable pdf of Disciplinary Sanctions

For Students

Source: Student Handbook: Alcohol Policies, 2. Alcohol-Related Violations.
Alcohol-Related Violations (possession, use, disorderly conduct, intoxication, possession of multiple empty alcohol containers, etc.).  Responses from incidents that originate within the Residence Halls, On Campus or Off Campus. The College of Charleston will impose on students the following sanctions and other sanctions for proven violations of its alcohol policies.

2.1. First Violation   (Resolution by Residence Life and Housing staff/Student Affairs official) Sanctions may include, but are not limited to:

a) Receive a letter of warning, probation period or be placed on residence life probation for a minimum of one semester if a residential student and incident occurs within the residential system;  
b) Have a parental/guardian notification letter sent concerning the violation; 
c) Participate in an alcohol risk reduction program and/or assessment at Counseling and Substance Abuse Services.   Fees will be charged; and/or
d) Educational activities.
Failure to complete first offense sanctions will result in a fine ($150.00 or more) and other sanctions. 

2.2. Second Violation (Resolution by Residence Life and Housing staff/Student Affairs official/Conduct Body) Sanctions include, but are not limited to:

a) Be placed on probation, residence life probation or deferred disciplinary suspension (one more violation and student is suspended from enrollment) and possibly moved within or removed from residence life housing for a minimum of one semester, depending on the specific circumstances; If a student is removed from residence life housing for disciplinary reasons full payment of the contract is due if a residential student and incident occurs within the residential system; 
b) Have a parental/guardian notification letter sent concerning the violation;  
c) Participate in an alcohol risk reduction program and/or assessment at Counseling and Substance Abuse Services or through an off-campus provider. Fees will be charged.
Failure to complete second offense sanctions will result in a fine ($200.00 or more) and other sanctions unless student is on deferred suspension.

2.3. Third Violation (Resolution by Student Affairs official/Conduct Body) Sanctions include, but are not limited to:

a) Be removed from residence life housing with full payment of the contract due if a residential student and incident occurs within the residential system; 
b) Be placed on disciplinary suspension from the College for a minimum of one semester; 
c) Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program; and 
d) Have a parental/guardian notification letter sent concerning the violation. 

Sanctions: Use of Alcohol on Campus or College Sponsored Events 
Source: Student Handbook. Procedures for the Use of Alcohol on Campus or During College Sponsored Events, Sanctions. 

a) First Violation Sanctions may include, but not limited to:
         i. Group is on social/event suspension for minimum of one month.
            The exact time period is to be determined by the Director of Student Life or Director of Greek Life.
        ii. Group executive board must schedule and attend a meeting with the Campus Substance Abuse Prevention Coordinator
            to develop a risk reduction plan.
       iii. Social/event suspension remains in place until meeting and plan are completed.
       iv. Failure to comply with sanctions for the first offense may result in sanctioning as imposed under a second violation.

(b) Second Violation Sanctions may include, but not limited to:
        i. Loss of campus privileges including access to the organization account for a minimum of three months,
           excluding summer months.
       ii. Entire organization must attend a 6-hour alcohol risk reduction seminar (deadline to be set by the disciplinary administrator).
      iii. Must pay a $500.00 fine to the Office of Student Life or Greek Life or plan an alcohol-free social event for the entire
           student body on a weekend.
      iv. Letter of notification to be sent to the national organization, sponsoring agency or academic department.
       v. Failure to comply with sanctions for the second offense may result in sanctioning as imposed under a third violation.

(c) Third Violation
       i. The sanction for a third violation is suspension of recognition by the College for a time period consistent with the
          level of infraction up to a permanent suspension from the College of Charleston campus. This will be determined
          by the Director of Student Life or Director of Greek Life in conjunction with the Dean of Students and/or
          Executive Vice President for Student Affairs.

Sanctions: Drug Violations
Source Student Handbook, Section 18. Drug Policy. Section 4. Sanction.
The College of Charleston will impose on students the following sanctions and other sanctions for proven violations of its drug policies.

The College considers any violation of the drug policy to be a serious offense. The College will respond to all reported violations of this policy in accordance with the disciplinary procedures published in the Student Handbook. Residential students will be referred to the Dean of Students for resolution.  The sanctions imposed by the College for students found responsible for drug-related violations follow:

 Distribution, dispensation, trafficking, or manufacturing illegal drugs and/or controlled substances

a) Prior to hearing -- Because acts such as the manufacturing, distributing, dispensing and trafficking of illegal drugs and controlled substances are threats and dangers to both the health and safety of the community, when there is reason to believe, based on available facts, that the student represents an immediate threat to the safety, health, or welfare of herself/himself, other persons, or property, the College may immediately suspend alleged offenders prior to a hearing, in accordance with policies as published in the Student Handbook.

b) Following the hearing – For students found responsible for manufacturing, distribution, dispensing, or trafficking of illegal drugs (including marijuana) and/or controlled substances, the College’s response will be:
i) At a minimum disciplinary suspension for two years or more and at a maximum expulsion in accordance with disciplinary procedures as published in the Student Handbook
ii) Removal from residence life housing with full payment of the contract due, if a residential student and incident occurred within the residential system. 
iii) Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program.  iv) Have a parental/guardian notification letter sent concerning the violation. 

4.2. Possession with intent to distribute - For students found responsible for possession with intent to distribute illegal drugs (including marijuana) and/or controlled substances, the College’s response will be:

a) At a minimum disciplinary suspension for one year and at a maximum disciplinary suspension for two years or more in accordance with disciplinary procedures as published in the Student Handbook
b) Removal from residence life housing with full payment of the contract due, if a residential student and incident occurred within the residential system. 
c) Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program. 
d) Have a parental/guardian notification letter sent concerning the violation. 

4.3.  Possession and/or use of illegal drugs and illegal possession and/or use of controlled substances –For students found responsible for the possession/use of illegal drugs (including marijuana weighing one ounce or over) and/or illegal possession/use of controlled substances (including the illegal possession/use of prescription medications and certain synthetic drugs), the College’s response will be:  

a) Placed on disciplinary suspension from the College for not less than one semester. 
b) Removal from residence life housing with full payment of the contract due, if a residential student and incident occurred within the residential system. 
c) Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program. 
d) Have a parental/guardian notification letter sent concerning the violation. 

4.4. Possession and/or use of marijuana –weighing under one ounce –For students found responsible for only the possession and/or use of marijuana, for a first offense the College’s response will be:  

a) Placed on deferred disciplinary suspension from the College for not less than one semester.  Deferred suspension means that the disciplinary suspension is held in abeyance as long as all other sanctions are completed by stated deadlines, all illegal substance screens/tests are negative, and there are no other violations.
b) Participate in a drug and alcohol risk reduction program and/or assessment at Counseling and Substance Abuse Services.   Fees will be charged.
c) Participate in periodic drug and alcohol testing at the student’s expense for not less than one semester.
d) Educational activities.
e) Have a parental/guardian notification letter sent concerning the violation. 

4.5. Possession and/or use of marijuana –weighing one ounce or less— For students found responsible for only the possession and/or use of marijuana, for a second offense the College’s response will be:  

a) Removal from residence life housing with full payment of the contract due, if a residential student and incident occurred within the residential system. 
b) Placed on disciplinary suspension from the College for a minimum of one semester. 
c) Have re-admission to the College dependent on successful completion of a pre-approved substance abuse counseling program. 
d) Have a parental/guardian notification letter sent concerning the violation. 

4.6. Possession and/or sale of drug paraphernalia -- For students found in violation for the possession and/or sale of drug paraphernalia, the College’s response will be: 

a) Determined on a case-by- case basis in accordance with disciplinary procedures as published in the Student Handbook

4.7. The manufacture, intent to distribute, distribution, dispensation, trafficking, possession, or use of imitation (“look alike”) or synthetic substances including but not limited to substances such as K2, Spice, etc., the College’s response will be:  

a) Determined on a case-by- case basis in accordance with disciplinary procedures as published in the Student Handbook

4.8 The manufacture, intent to distribute, distribution, dispensation, trafficking, possession, or use of psychoactive plant which produces hallucinogenic effects including but not limited to substances such as Salvia, the College’s response will be:  

a) Determined on a case-by- case basis in accordance with disciplinary procedures as published in the Student Handbook

4.9 Eligibility for Financial Aid Students found in violation of the alcohol and drug laws jeopardize their ability to receive federal financial aid, College of Charleston scholarships and South Carolina Scholarships for which they might otherwise be eligible.  Students can regain their eligibility to receive federal financial aid.  Please contact the Office of Financial Aid and Veterans Affairs for further information.

Employees and Students

4.10. Drug-Free Workplace Policy The Federal Drug-Free Workplace Act of 1988 prohibits the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs in the workplace and provides for sanctions against faculty, staff, and the student employees, permanent or temporary, who violate this policy. Pursuant to federal and state law, the policy also requires grant or contract employees to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction. Any student employee who violates the drug-free workplace policy is subject to prosecution and punishment by civil authorities, as well as to disciplinary procedures by the College and may also be terminated from his or her position of employment by the supervising department.

Employee Disciplinary Sanctions from this policy  http://hr.cofc.edu/policies/assets/policies/alcohol-and-drug-abuse.pdf

  1. If an employee reports to work under the influence or while at work is subsequently found to be under the influence, action will be taken in accordance with the College’s Code of Conduct.
  2. If an employee is found to be drinking alcoholic beverages or using drugs on the job the employee shall be dismissed.
  3. Disciplinary action for conviction of a felony will be conducted in accordance with the Code of Conduct.
  4. General Sanctions. Any employee found to be in violation of any of the provisions of this policy shall be subject to disciplinary action under the College’s Code of Conduct and applicable penalties contained in Article 64A of the Annotated Code of South Carolina. Disciplinary action includes sanctions up to and including termination. As a condition of continued employment, the College will require an employee to successfully participate in a drug abuse assistance or rehabilitation program in accordance with the Employee Assistance Program.

Legal Sanctions under Federal, State and Local Laws relating to Alcohol and Drug Use

Employees at the College of Charleston are subject to federal, state, and local laws for the possession
and distribution of illegal drugs.

Federal law states that it is unlawful to possess a controlled substance, including marijuana, cocaine, LSD, PCP, heroin,
designer drugs, etc. (Federal Law, Title 21 USCA, Sections 841 and 844 to 845). If the substance is cocaine, or contains a
cocaine base, the penalty for simple possession is a fine and/or imprisonment from 5 to 20 years. For other illegal drugs, the
penalty for simple possession is a fine of at least $1000 and/or imprisonment up to 3 years. The penalties increase if the
possession includes intent to manufacture, distribute, or dispense a controlled substance, especially if done near a public or
private elementary, vocational, or secondary school or a public or private college or university. Additionally, any person who
violates this law shall be liable for an amount up to $10,000 in civil penalties.

In addition to Federal laws, the State of South Carolina has its own laws dealing with distribution, manufacturing, and possession
of controlled substances. For instance, any person who unlawfully manufactures or distributes any narcotic drug may be fined up
to $25,000 and may be imprisoned for up to 20 years for a first offense. (See Chapter 53, Title 44 of the South Carolina Codes of
Laws, as amended. Copies are available in the Robert Scott Small Library, the Public Safety Dept., the Office of Counseling and
Substance Abuse Services and the Office of Student Affairs. You may also call the South Carolina Commission on Alcohol and
Drug Abuse Drug Information Access Line – 1-800-942-DIAL.)

Employees at the College of Charleston are subject to state and local laws for drinking and obtaining alcohol. It is illegal in the
State of South Carolina for any person under 21 to drink alcohol. It is also illegal for a person under 21 to falsify or misrepresent
his or her age to obtain alcohol, or to possess alcoholic beverages with the intent to consume them. It is also illegal in most
situations to furnish alcohol to a person under 21. The penalty is a fine of up to $200 and suspension of driver’s license for a
period of ninety days for a first offense. It is also illegal to consume alcohol on any public property or highway, unless authorized
by the governmental entity that has jurisdiction over the property, with penalties including a fine of up to $100.

Employees are also subject to state and local laws governing drinking and driving. A person may not drive or attempt to drive
while intoxicated or under the influence of alcohol. Any individual with a Blood Alcohol Concentration (B.A.C.) of 0.10% or more
will result in a violation of Driving Under the Influence of Alcohol. With a BAC level less than 0.10%, the BAC may be considered
with other evidence and the person may be charged with a DUI. Any of these violations will result in fines, imprisonment, or both.
It is also unlawful to drive while under the influence of any Controlled Dangerous Substances whether or not they are illicit
(prescribed or unlawfully obtained). A person can still be charged with these violations even though they possess a driver's
license from another state.