Drug-Free Environment - Information-Procedures-Policies and Preventions

Drug and Alcohol Prohibition Policy

Danville Area Community College recognizes that substance abuse poses a serious threat to the College’s goal of providing a safe and productive learning environment for all students.  In order to provide a learning environment free of drugs, the Danville Area Community College Board of Trustees prohibits the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and the abuse of legal drugs or alcohol while on Danville Area Community College owned or supervised property.  Students are also prohibited from using alcohol while on Danville Area Community College owned or supervised grounds at any time, except where authorized by the College for approved College functions.  Students are further prohibited from reporting to class or participating in any other College sponsored activities while under the influence of alcohol or illegal drugs.

Any student who violates any aspect of the Policy Statement will be subject to disciplinary action up to and including loss of financial aid, expulsion, and/or referral for prosecution.  Additionally, if deemed appropriate by the College under the particular circumstances, a student who violates this Policy Statement may be required to participate in and complete a substance abuse assistance or rehabilitation program to the satisfaction of the College.  The Board supports the drug and alcohol awareness workshops and seminars, as required by the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, which are periodically offered to students each semester free of charge under the direction of Student Services.  The Board also supports the efforts made by Human Resources and Student Services to make available to employees and students pamphlets and brochures on substance abuse.

The possession, distribution or consumption of alcoholic beverages is prohibited on the DACC campus, on land owned by the college, and in college-owned honor and language houses.  The consumption of alcoholic beverages is prohibited at all college-sponsored functions, no matter where located, that include students as guests.

The possession, manufacture, sale, use, consumption or delivery of alcoholic beverages or controlled substances, or paraphernalia associated with the use of alcohol or other controlled substances by students on the DACC campus is prohibited.

Use of possession of alcoholic beverages or controlled substance by students off campus is governed and controlled by the laws of the state and/or local law enforcement agencies.  DACC will cooperate with state and/or local law enforcement agencies and owners or proprietors of bars, taverns, restaurants, or other establishments to counteract known violations of college policy and state and local laws by students or student groups associated with the college.

College State and Federal Sanctions for Violation of Alcohol and Drug Policies/Laws

Students not using alcohol or other drugs themselves, but knowingly associating with other students or student groups who are violating the College’s Alcohol and Other Drug (AOD) policy, will be subject to the same disciplinary action as those students who were actually violating the college AOD policy.

Undesirable conduct stemming from off-campus usage of AOD is subject to disciplinary action by DACC.  Any individual, group or organization which permits undesirable conduct stemming from off-campus AOD usage is subject to disciplinary action by the College.

Students are not allowed to transport or consume alcoholic beverages before or during college sponsored trips.  Further individuals are not permitted to participate in college sponsored events on or off campus after drinking and when intoxicated.

Illinois Sanctions for Violation of Alcohol Control Statutes

235 Illinois Compiled Statutes 5/6-20

• Class A Misdemeanor – unlawful use of a identification card
• Class 4 Felony – fictitious or unlawfully altered identification card
• Class 4 Felony – fraudulent identification card
• Class B Misdemeanor to possess or sell alcohol if you are under 21*
• Class A Misdemeanor to see, give, or deliver alcohol to individuals under 21 years of age.Local ordinances may also be enforced.

Class A Misdemeanors are punishable with a fine of $1 to $2,500 and up to one-year in the county jail.

Class B Misdemeanors are punishable with a fine of $1 to $1,500 and up to six-months in the county jail.

• These violations may also result in one's driver's license being administratively revoked or suspended by the Illinois Secretary of State's office.

Illinois Sanctions for Driving Under the Influence

625 Illinois Compiled Statutes 5/11-501

1. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
   1. First Conviction:
      1. Minimum of one-year loss of full driving privileges
      2. Possible imprisonment for up to one-year
      3. Maximum fine of $2,500
   2. Second Conviction:
      1. Minimum five-year loss of full driving privileges for a second conviction in a 20-year period
      2. Mandatory five days imprisonment or 240 hours of community service
      3. Possible imprisonment for up to one-year
      4. Maximum fine of $2,500
   3. Third Conviction (Class 2 Felony):
      1. Minimum 10-year loss of full driving privileges
      2. Mandatory 18-30 month periodic imprisonment
      3. Possible imprisonment for up to 7 years
      4. Maximum fine of $25,000
   4. Aggravated DUI (Class 4 Felony/following a crash resulting in great bodily harm or permanent disfigurement):
      1. Minimum of 1-year loss of full driving privileges
      2. Sub Mandatory ten days imprisonment or 480 hours of community service
      3. Possible imprisonment for up to 12 years
      4. Maximum fine of $25,000
   5. Other Alcohol Offenses
   6. Providing alcohol to a person under age 21
      1. Possible imprisonment for up to one year
      2. Maximum fine of $2,500
   7. Illegal transportation of an alcoholic beverage
      1. Maximum fine of $1,000
      2. Point-assigned violation will be entered on drivers record
      3. Driver’s license suspension for a second conviction in a 12-month period
   8. Knowingly permitting a driver under the influence to operate a vehicle
      1. Possible imprisonment for up to one-year
      2. Maximum fine of $2,500
   9. Summary Suspension:
      1. First offense
         1. A chemical test indication of a BAC of .08 or greater results in a mandatory six-month driver’s license suspension
         2. Refusal to submit to a chemical test(s) in a twelve-month suspension
      2. Subsequent offenses
         1. A chemical test indicating a BAC of .08 or greater results in a mandatory one-year driver’s license suspension
         2. Refusal to submit to a chemical test(s) results in a three-year license suspension.

Illinois Penalties for Drinking and Driving Under Age 21

1. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof
   1. First Conviction
      1. Minimum of two-year loss of full driving privileges
      2. Possible imprisonment for up to one year
      3. Maximum fine of $2,500
   2. Second Conviction
      1. Minimum five-year loss of full driving privileges for a second conviction in a 20-year period
      2. Mandatory five days imprisonment or 240 hours of community service
      3. Possible imprisonment for up to one year
      4. Maximum fine of $25,000
   3. Third Conviction – Class 2 Felony
      1. Minimum ten-year loss of full driving privileges
      2. Mandatory 18-30 month periodic imprisonment
      3. Possible imprisonment for up to seven years
      4. Maximum fine of $25,000
   4. Aggravated DUI – Class 4 Felony (following a crash resulting in great bodily harm or permanent disfigurement)
      1. Minimum of one-year loss of full driving privileges
      2. Possible imprisonment for up to twelve years
      3. Maximum fine of $25,000
   5. Other alcohol offenses
      1. Illegal transportation of an alcoholic beverage
         1. Maximum fine of $1,000
         2. Driver’s license suspended for first conviction
         3. Driver’s license revoked for a second conviction
      2. Summary Suspension
         1. First offense
            1. A chemical test indication a BAC of .08 or greater results in a mandatory six-month driver’s license suspension
            2. Refusal to submit to a chemical test(s) results in a twelve-month suspension
         2. Subsequent offenses
            1. A chemical test indicating a BAC of .08 or greater results in a mandatory one-year driver’s license suspension
            2. Refusal to submit to a chemical test(s) results in a three-year license suspension
   6. The Zero Tolerance Law provides that minors can have their driving privileges suspended even if they're not intoxicated at the .08 level. The following table shows the length of time your driving privileges may be suspended under the Zero Tolerance Law (for BAC of .01 or greater) and DUI Laws (for BAC of .08 or greater). The loss of driving privileges is greater if you refuse to take a sobriety test.

      Violation Type	Under Zero Tolerance Law (BAC of .01 or Greater)	Under DUI Laws (BAC of .08 or Greater)
      1st Violation: Loss of Driving Privileges	3 months	6 months
      1st Violation: Loss of Driving Privileges Test Refusal	6 months	12 months
      2nd Violation: Loss of Driving Privileges	1 year	1 year
      2nd Violation Loss of Driving Privileges Test Refusal	2 years	3 years

Effect on Driving Record

• Zero tolerance (BAC of .01 or greater) – except during suspension period, not on public driving record as long as there is no subsequent suspension.
• DUI Conviction (BAC of .08 or greater) – Permanently on public driving record.

*Under certain conditions, you may be charged with DUI even though your BAC is below .08.

Except during suspension period, violation is not on public driving record as long as there is no subsequent suspension permanently on public driving record.

State of Illinois Statutory Provisions for Illegal Drugs Manufacture or Delivery

Note: Second Offense, double jail sentence and fine. This chart gives examples of the penalties which may be imposed on individuals convicted of drug possession, manufacturing, or delivery. The circumstances of the case and other factors affect whether or not these are the actual penalties imposed.

Possession (720 Illinois compiled Statutes 550/4)

During the 2016 summer, the Illinois Cannabis Control Act was amended making:

• Possession of 10 grams or less of cannabis a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
• Possession of any drug paraphernalia seized during the arrest for possession of 10 grams or less of cannabis a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
• Unlawful use of cannabis-based product manufacturing equipment punishable as a Class 2 felony.
• Unlawful for a person to drive or be in actual physical control of any vehicle, snowmobile, or watercraft within Illinois when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 5 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount).

Marijuana possession greater than 10 grams maintains its original scheduling and classification.

Class A Misdemeanor: between 10-30 grams, $1,000 fine and/or one year in jail.

Class 4 Felony: between 30-500 grams, 1-3 years in jail and/or $10,000 fine.

Class 3 Felony: over 500 grams, 2-5 years in jail and/or fine not to exceed $50,000.

Marijuana Sale or Delivery (720 Illinois Compiled Statues 550/5)

 Class B Misdemeanor: 2.5 grams or less, $500 fine and/or six months in jail

Class A Misdemeanor: 2.5-10 grams or less, $1,000 fine and/or one year in jail

Class 4 Felony: between 10-30 grams, 1-3 years in jail and/or $10,000 fine

Class 3 Felony: between 30-500 grams, 2-5 years in jail and/or fine not to exceed $50,000

Class 2 Felony: 500 or more grams, 3-7 years in jail and/or fine not to exceed $100,000

Federal Drug Laws

The possession, use, or distribution of illicit drugs, including any form or marijuana or cannabis, is prohibited by federal law. As per the Federal Drug Free Workplace Act, the Drug Free Schools and Campuses Act, until otherwise classified or scheduled, all forms of marijuana use, including medicinal marijuana, are to be considered illegal on all campus property, and during all official university sponsored events and activities. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

Denial of Federal Aid (20 USC 1091)

Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000, or both if:

1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
3. It is a third or subsequent crack conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.