Student Code of Conduct

 

Drug-Free and Alcohol-Free Campus

Violation Procedures

CSI Drug and Alcohol Violation Procedures

The following guidelines represent typical responses that will most likely occur when violations of CSI’s drug and alcohol policy are made. Although each incident is considered on its own merit, prior policy violations will be taken into consideration when decisions are rendered.  In some situations, a first offense may result in a more serious response, given the nature of the incident. Students may take the two-hour drug education seminar even if they have not violated the drug and alcohol policy.

Level 1
A level 1 offense is when a student violates the drug and alcohol policy for the first time. The student will be required to attend a two-hour drug education seminar. An example of this violation may include, but is not limited to, possession of alcohol under age or sustained presence in a room where other drug and alcohol policy violations are taking place.

Level 2
A level two offense is when a student violates the drug and alcohol policy for a second time or when a student’s use of substances causes personal or academic consequences. Depending on the situation the student will attend the two-hour education seminar. Students will also be referred to counseling services, a 12-step program and a letter sent to their parents (if under the age of 21).  Examples of this violation include, but are not limited to: possession of marijuana, drug paraphernalia, large quantities of alcohol, kegs or beer balls, or use in public or common areas, participation in drinking games, or a repeat of a level one offense.

Level 3
A level three offense involves behavior that suggests the excessive consumption of alcohol or drugs, or leads to an alcohol or other drug-related arrest. At this level, the student’s family will be notified; the student will either be placed on temporary behavioral probation depending on the individual circumstances. This level of severity may require that the student receive a professional alcohol assessment. Examples of violations at this level might include, but are not limited to, third violation of policy, alcohol and other drug related hospitalization, arrest for false identification, DWAI/DUI while on campus or at any CSI sponsored event. NOTE: Students who are responsible for hosting or sponsoring drinking games, who procure kegs, or otherwise engage in sponsoring behavior, which is unsafe, by its nature are considered to be responsible for a level three offense.

Level 4
A level four offense is when substance use results in behavior that leads to potential or actual harm to self or others. The student will likely be suspended or separated from CSI and could face referral to the local law enforcement agency. Some examples might include, but are not limited to: growing, manufacturing, selling, or distributing illegal substances, selling or distributing prescribed medications, possessing cocaine, opioid’s, or hallucinogens, fighting, sexual harassment/assault, verbal threats, while under the influence of alcohol or illegal drugs or more than three violations of the policy.

Sanctions: Sanctions are designed to promote the College’s educational mission. Sanctions may also serve to promote safety or to deter students from behavior which harms or threatens people or property. Refer to the Student Code of Conduct for possible sanctions.

Appeals Process. CSI has established a committee composed of students, faculty, and staff to deliberate student appeals. All appeals must be formally submitted to the Associate Dean of Student Affairs no later than 10 working days after the sanction has been imposed.

Failure to Comply: If students choose to not participate in the required activities relative to their violation of the drug and alcohol policy, the student may be suspended from CSI.

Letter and Policy

Students under the age of 21 are subject to the parent/guardian notification policy. The College of Southern Idaho reserves the right to apply this policy to students over 21 where circumstances are such that it is in the best interest of the student and the College.

Conditions under which parent/guardian may be notified:

  1. As a rule, upon the finding of responsibility for the first alcohol or drug related offense. The student will be required to attend a 2-hour educational seminar.
  2. Students, who violate level two, three or four of the drug and alcohol policy, are subject to parental notification in either written or verbal form, if they are under the age of 21.
  3. Student affairs administrators reserve the right to exercise professional judgment and discretion in the application of this policy.

State and Federal Law

Under Idaho law, it is illegal for any person under 21 years of age to purchase or attempt to purchase or otherwise procure, possess, or consume beer, wine, or other alcoholic or intoxicating liquor.  It is also illegal to sell, serve, give or furnish beer, wine, or other alcoholic or intoxicating liquor to a person under age specified above. It is also illegal for any underage person to falsify a driver’s license or other identification document or for any person to permit his/her driver’s license or any other identification document by and underage person to purchase alcoholic beverages. Local beverage ordinances, which conform closely to state law, also apply on College premises and are enforced by the appropriate law enforcement agency.

Idaho State Law(s) Pertaining to Controlled Substances

I.C. 37-2732 (a) Manufacture and Distribution

  • Except as authorized by this chapter, it is unlawful for any person to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.
  • Any person who violates this subsection with respect to:
  • A controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II, except as provided for in section 37-2732B(a)(3), [Idaho Code,] is guilty of a felony and upon conviction may be imprisoned for a term of years not to exceed life imprisonment, or fined not more than twenty-five thousand dollars ($25,000), or both;
  • Any other controlled substance which is a nonnarcotic drug classified in schedule I, or a controlled substance classified in schedule III, is guilty of a felony and upon conviction may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both;
  • A substance classified in schedule IV, is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, fined not more than ten thousand dollars ($10,000), or both;
  • A substance classified in schedules V and VI, is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or both.

I.C. 37-2732 (c) Possession

  • It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as other wise authorized by this chapter.
  • Any person who violates this subsection and has in his possession a controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II, is guilty of a felony and upon conviction may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.
  • Any person who violates this subsection and has in his possession lysergic acid diethylamide is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000) or both.
  • Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I expect lysergic acid diethylamide, or a controlled substance classified in schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction thereof may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both.
  • It shall be unlawful for any person to be present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away. A violation of this section shall deem those persons guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) and not more than ninety (90) days in the county jail, or both.
  • If any person is found to possess marijuana, which for the purposes of this subsection shall be restricted to all parts of the plants of the genus Cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinal, in an amount greater than three (3) ounces net weight, it shall be a felony and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844(a)
First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000 or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both, if:
a. 1st conviction and the amount of crack possessed exceeds 5 grams.
b. 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
c. 3rd or subsequent crack conviction and the 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 1 year imprisonment. (See special sentencing provisions re: crack.)

21 U.S.C. 881(a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 862a

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

Federal Financial Aid

In general, a student who has been convicted of any offense under any federal or state law involving the illegal possession or sale of a controlled substance will not be eligible to receive any federal grant, loan, or work assistance under this applicable federal law during the period beginning on the date of such conviction and ending after the interval specified below:

Student Ineligibility for Grants, Loans, or Work Assistance

  • For possession of illegal drugs, ineligibility period is
    • First offense 1 year from date of conviction
    • Second offense 2 years from date of conviction
    • Third+ offense Indefinite
  • For sale of a illegal drugs, ineligibility period is
    • First offense 2 years from date of conviction
    • Second offense Indefinite
    • Third+ offense Indefinite

Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Federal Student Aid - they do not count if the offense was not during such a period. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when she was a juvenile, unless he/she was tried as an adult.