Drug Free Schools and Communities Act and Drug Free Workplace Act

The “Shippensburg University Student Code of Conduct and Judicial Process,” as published in the student handbook, the handbook, outlines the rules for students pertaining to alcohol and other drugs. Students are also subject to the provisions of the “Judicial Sanctioning Guidelines for Violations of Drug and Alcohol Policies” as published within the handbook.

Employees in violation of the Drugfree Workplace Policy may be required to contact the State Employee Assistance Program and comply with SEAP recommendations as a condition of continued employment. Employees are also subject to corrective action up to and including termination of employment as provided in Commonwealth of PA Personnel Rules, M. D. 505.7; Section 7.173 of the Pennsylvania Code, Governor’s Code of Conduct; and SSHE and University policy, as applicable.

Shippensburg Borough Ordinance #485-Public consumption, possession of alcoholic beverage: Penalty of $25 fine and costs, or a maximum of five days in jail.

Employees in need of counseling or rehabilitation services should contact the State Employee Assistance Program via the Shippensburg University human resources office. Students in need of counseling or rehabilitation services are encouraged to contact the dean of students office.

Students seeking counseling, treatment, rehabilitation, or reentry services should contact the coordinator of drug and alcohol education programs at extension 1165. The coordinator will provide confidential information and consultation regarding alcohol or drug problems, campus resources, and self-help organization such as AA, ACOA, ALANON, NA. For those who require it, referrals can be made for inpatient drug and alcohol treatment off campus. Individuals who undergo treatment will be expected to follow the prescribed aftercare program.

The Office of Financial Aid is compelled by the federal government to ensure that students who qualify for Pell Grants certify that they will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during the period covered by the grant. The university must provide a similar statement with each grant or contract application submitted to a federal agency for funding. Individuals who do not make such a certification, and those who violate its terms, will lose federal funds.

Shippensburg University students who intend to become educators need to be aware that Pennsylvania House Bill 1139 requires prospective employees of public and private schools, intermediate units, and area vocational and technical schools submit, with their employment applications, a report of criminal history information from the Pennsylvania State Police or a statement from the State Police that the central repository contains no such information relating to them.

21 U.S.C. 844 (a)
First conviction: up to one year in prison and fined $1,000 to $100,000, or both.

After one prior drug conviction: 15 days to two years in prison, and fined $2,500 to $250,000, or both.

After two or more prior drug convictions: 90 days to 3 years in prison and fined $5,000 to $250,000 or both.

Special sentencing provision for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000 or both if:

• a) first conviction and amount of crack possessed exceeds 5 grams
• b) second crack conviction and amount of crack possessed exceeds 3 grams
• c) third or subsequent crack conviction and amount of crack possessed exceeds 1 gram.

21 U.S.C. 853 (a) (2) and 881 (a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment (See special sentencing provision for crack.)

21 U.S.C. 881 (a) (4)
Forfeiture of vehicles, boats, aircrafts, or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844 a
Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853 a
Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.

18 U.S.C. 922 (g)
Ineligible to receive or purchase a firearm.

Miscellaneous
Revocation of certain federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.
Note: These are only federal penalties and sanctions. Additional state penalties and sanctions may apply.

Alcohol Sanctions

Misrepresentation of age to secure liquor or malt or brewed beverages
Penalty: First Offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Second offense Misdemeanor - Fine: up to $4,500 - Jail
Operator’s license suspended

Purchase, consumption, possession, or transportation of liquor or malt or brewed beverages
Penalty: First Offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Second Offense - Fine: up to $500 - Jail
Operator’s license suspended

Representing that minor is of age
Penalty: Misdemeanor - Fine: NLT * $300

Inducement of minors to buy liquor or malt or brewed beverages
Penalty: Misdemeanor - Fine: NLT $300

Selling or furnishing liquor or malt or brewed beverages to minors
Penalty: First Violation Misdemeanor - Fine: NLT $1,000
Penalty: Subsequent Viol. -  Fine: $2,500 for each

Manufacture or sale of false identification cards 
Penalty: First Violation Misdemeanor - Fine: NLT $1,000
Penalty: Subsequent Viol. - Fine: NLT $2500 for each

Carrying a false I.D. card
Penalty: First Violation Summary offense - Fine: up to $300 - Jail/Prison: 30 days
Penalty: Subsequent viol. Misdemeanor - Fine: up to $500 - Jail
Operator’s license suspended

Restrictions on alcoholic beverages

The driver of any vehicle may not consume any alcoholic beverage or or illegal drug
Penalty: Summary Offense - Fine: up to $300 - Jail/Prison: up to 30 days
Operator’s license suspended
Operator’s license suspensions:
First Offense 90 days
Second Offense 1 year
Third & Subsequent Offenses 2 years

Driving under the influence of alcohol or controlled substance
Penalty: Misdemeanor - Fine: NLT $300 - Jail/Prison NLT 48 hours
Second Offense Jail/Prison: NLT 30 days
Third Offense Jail/Prison: NLT 90 days
Fourth Offense Jail/Prison: NLT 1 year

Homicide by vehicle while driving under the influence
Penalty: Felony - Jail/Prison: NLT 3 years
Revocation of operating privileges

Other violations include bringing alcoholic beverages into the state without paying Pennsylvania taxes, and selling or offering for sale alcoholic beverages without a liquor license. Violations of these laws can result in fines, imprisonment, and confiscation of vehicles. (*NLT means not less than)

Illicit Drug Sanctions

Possession of controlled or counterfeit substance
Misdemeanor
Fine up to $5,000 
Jail up to 1 year

Purchase of controlled substance
Misdemeanor
Fine up to $5,000 
Jail up to 3 years

Manufacture, delivery, or possession  by an unauthorized person

Narcotic drugs
Felony
Fine up to $250,000 
Jail up to 15 years

Methamphetamine—cocoa leaves, marijuana (in excess of 1,000 pounds)
Felony
Fine up to $100,000 
Jail up to 10 years

Opiates—hallucinogenic substances, marijuana
Felony
Fine up to $15,000 
Jail up to 5 years

Barbiturates
Felony
Fine up to $10,000 
Jail up to 3 years

Codeine, morphine, atropine
Misdemeanor
Fine up to $5,000 
Jail up to 1 year

Possession of a small amount of marijuana for personal use (30 gms marijuana or 8 gms hashish)
Misdemeanor
Fine up to $500 
Jail up to 30 days

Use or delivery of drug paraphernalia
Misdemeanor
Fine up to $25 
Jail up to 1 year

Possession or distribution of “look alike drugs” having depressing or stimulating effect
Felony
Fine up to $10,000 
Jail up to 5 years

Manufacture, sale, or delivery, holding, offering for sale, or possession of any controlled substance that is altered or misbranded
Misdemeanor
Fine up to $5,000 
Jail up to 1 year

Trafficking drugs to minors within 1,000 feet if a school, college, or university.
At least 1 year confinement, 2 years imprisonment

The Controlled Substance Act (CSA) provides for unlawful manufacturing, distribution, and dispensing of controlled substances. The penalties are basically determined by the schedule of the drug or other substance, and sometimes are specified by drug name, as in the case of marijuana. As the statute has been amended since its initial passage in 1970, the penalties have been altered by Congress. The above charts are
an overview of the penalties for trafficking or unlawful distribution of controlled substances. This is not inclusive of the penalties provided under the CSA.

Students who intend to become educators should be aware that state law requires that a report of their criminal history be submitted with their job applications.