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ECSU Policies Governing Alchohol and Other Drugs

Campus Safety

Federal law requires ECSU to notify annually all faculty, staff, and students that the University prohibits the unlawful possession, use, manufacture or distribution of alcohol or controlled substances by students, faculty, staff, and guests in buildings, facilities, grounds or property controlled by the University or used as part of University activities. For students, this includes prohibiting the possession and consumption of any beverage containing alcohol in a residence hall room. In addition, the smoking of any material is prohibited in all facilities of Elizabeth City State University at all locations.

DRUG-FREE Workplace

ECSU is required to certify that it is providing a drug-free workplace as a result of receiving federal funds. Any employee reporting to work under the influence of alcohol or illegal drugs or using alcohol or illegal drugs on the job is subject to appropriate disciplinary action. In addition to the ECSU's Illegal Drugs Policy, the University is required to adhere to all federal policies. It is extremely important that you are aware of the policies on illegal drugs and alcohol, which has been implemented by the federal government and the University's governing bodies.

Areas Open to the Public

ECSU prohibits the possession and use of alcoholic beverages in areas open to the public, including, the outside of buildings open to the public. However, the use of alcoholic beverages subject to the laws of North Carolina may be permitted at ECSU sponsored activities in areas designated by, and with the prior approval of, the Chancellor.

Private or Closed Areas

The possession and use of alcoholic beverages are prohibited in conference rooms, offices, office reception rooms, closed buildings, and areas of buildings not open to the public or from which the public has been excluded, except: the use of alcoholic beverages, subject to the laws of North Carolina, may be permitted in specific private or closed areas designated by, and with the prior approval of, the Chancellor.

Education and Research Areas

ECSU specifically prohibits the use, possession and dispensing of alcoholic beverages in classrooms, lecture halls, laboratories, libraries, research areas, or within buildings, areas where there are lectures or concerts are held. Permission will not be granted to use or possess alcoholic beverages in a facility which is being used for one of the above functions unless with the express prior approval of the Chancellor. Please consult the ECSU Alcoholic Beverage Policy (900.1.3) for more information http://www.ecsu.edu/legal/docs/policymanual/Section900/900-1-3.pdf.

Policies Specific to Elizabeth City State University Students

Any student who violates this policy is subject to disciplinary action including sanctions as outlined in the Student Code of Conduct in addition to any penalties resulting from violating local, state and or federal law. Disciplinary sanctions may include: Students who are found responsible for violations may be subject to sanctions ranging from Fines, Disciplinary Warnings, Disciplinary Probation, to Suspension or Expulsion from the University. Students residing in University housing may also lose the privilege of living on campus for violating University rules and regulations or conditions of the housing contract. In most cases the Office of Student Affairs will also assign developmental and educational interventions designed to promote greater awareness and improved decision-making for students and to further deter future misconduct.

The ECSU Residence Life Drugs, Smoke and Alcohol Zero Tolerance Policy (500.2.3) can be found in the ECSU Policy Manual at http://www.ecsu.edu/legal/docs/policymanual/Section500/500-2-3.pdf.

Alcohol & Illegal Substances

Alcohol Policy

The possession of or use of alcoholic beverages is prohibited in all University on-campus undergraduate residence hall buildings. It is a violation of state law and university policy for a student under 21 years of age to attempt to purchase, consume, possess, or transport alcoholic beverages. It is unlawful to sell, furnish, and give alcoholic beverages or to permit alcoholic beverages to be sold, furnished or given to any minor.

Students are prohibited from any tailgating activities in the residential quad areas or residence hall parking lots where alcoholic beverages are being served on any football game/event weekend including all home football games. Students tailgating with alcoholic beverages in these defined areas will be confronted and will likely be charged with "open alcoholic containers."
Residents will be held responsible for activities that occur in their rooms, and will be referred to the Office of Student Conduct and/or University Police if guests are violating state law and the on-campus alcohol policies listed above.

Failure to comply with the direction or to present identification to University Officials acting in the performance of their duties is a violation of the Student Code of Conduct and will result in a referral to the Office of Student Conduct.

Illegal Substances (Drugs)

It is a violation of state law and university policy to illegally possess, use, distribute, manufacture, sell or be under the influence of other drugs. Students who violate this policy will be referred to the Office of Student Conduct and/or University Police.
It is against residence hall policy for a student to be in a residential area (room, common area, common building, building entryway, or quad area immediately adjacent to the residence halls) and in the presence of an illegal substance. Students who are in the presence of an illegal substance in these areas will be referred to the Office of Student Conduct and/or University Police.

Policies Specific to Faculty and Staff

As a condition of University employment, every employee shall abide by the terms of the Policy on Illegal Drugs. Any employee who violates this policy is subject to University sanctions, including dismissal, as well as criminal sanctions provided by federal, state or local law. An employee may be required to participate in a drug abuse or drug rehabilitation program. The Policy on Illegal Drugs can be found in the ECSU here: http://www.ecsu.edu/legal/docs/policymanual/Section200/200-1-29.pdf

North Carolina Alcohol Related Offenses

Underage Drinking

It is illegal for anyone under 21 years of age to attempt to possess, purchase or attempted purchase of liquor. It is also illegal to lie about age to obtain alcohol and to carry a false identification card. The penalties include fines or possible imprisonment and court costs.

By law, the local police department and University Police are required to notify parents or guardians of all underage-drinking violations.

As previously noted, ECSU has a zero tolerance policy associated with students consuming alcohol beverages under the age of twenty-one. Not only is this against the North Carolina law, it is also a violation of the student code of conduct.

The North Carolina General Statute is as follows:

§ 18B-302. Sale to or purchase by underage persons.
(a) Sale. - It shall be unlawful for any person to:
(1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or
(2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(a1) Give. - It shall be unlawful for any person to:
(1) Give malt beverages or unfortified wine to anyone less than 21 years old; or
(2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(b) Purchase, Possession, or Consumption. - It shall be unlawful for:
(1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or
(2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or
(3) A person less than 21 years old to consume any alcoholic beverage.
(c) Aider and Abettor.
(1) By Underage Person. - Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor.
(2) By Person over Lawful Age. - Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.

Carrying False I.D.

It is illegal for anyone under 21 to possess an identification card falsely identifying that person by name, age, date of birth, or photograph as being 21 or older to attempt to obtain liquor, malt, or brewed beverage by using the identification card of another or by using an identification card that has not been lawfully issued to or in the name of the person who possesses the card.

The North Carolina General Statute as follows:

N.C. Gen. Stat. § 18B-302 (e)
(e) Fraudulent Use of Identification. - It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:
(1) A fraudulent or altered driver's license.
(2) A fraudulent or altered identification document other than a driver's license.
(3) A driver's license issued to another person.
(4) An identification document other than a driver's license issued to another person.
(5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.
(f) Allowing Use of Identification. - It shall be unlawful for any person to permit the use of the person's driver's license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

Public Intoxication

It is illegal to appear in any public place manifestly under the influence of alcohol to the degree that you may endanger yourself or other persons or property, or annoy others in your vicinity.
Public drunkenness is a crime when a person appears in any public place manifestly under the influence of alcohol or a controlled substance to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.

Public drunkenness also leads to other behaviors and important health concerns. In some cases, public drunkenness contributes to many criminal mischiefs and disorderly conducts on campus. Persons must be responsible for their own actions and know their limits and tolerance levels before consuming alcohol.

The North Carolina General Statute is as follows:

§ 14-444. Intoxicated and disruptive in public.
(a) It shall be unlawful for any person in a public place to be intoxicated and disruptive in any of the following ways:
(1) Blocking or otherwise interfering with traffic on a highway or public vehicular area, or
(2) Blocking or lying across or otherwise preventing or interfering with access to or passage across a sidewalk or entrance to a building, or
(3) Grabbing, shoving, pushing or fighting others or challenging others to fight, or
(4) Cursing or shouting at or otherwise rudely insulting others, or
(5) Begging for money or other property.
(b) Any person who violates this section shall be guilty of a Class 3 misdemeanor. Notwithstanding the provisions of G.S. 7A-273(1), a magistrate is not empowered to accept a guilty plea and enter judgment for this offense. (1977, 2nd Sess., c. 1134, s. 1; 1993, c. 539, s. 292; 1994, Ex. Sess., c. 24, s. 14(c).)

Driving Under the Influence (DUI) & Refusing a Chemical Test

In North Carolina the illegal level for DUI is .08% Blood Alcohol Content (BAC). Also, drivers with any amount of a Schedule I, II, or III controlled substance not medically prescribed (or their metabolites) may not drive, operate, or be in actual physical control of a vehicle. Any person who drives a motor vehicle automatically gives consent to one or more chemical test (e.g. breath, blood, or urine). If a person refuses to submit to a chemical test: 1) the test will not be done; 2) the person's license will be suspended for one year; 3) the person will most likely be charged with DUI.

The North Carolina General Statute is as follows:

§ 20-138.1. Impaired driving.
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

ECSU Alcoholic Beverage Policy

It is illegal to possess or consume alcohol while on ECSU campus, except at approved events. Penalties for employees could result in disciplinary action up to and including termination. Penalties for students may include fines and in some cases expulsion from the University. Please review the Alcoholic Beverage Policy (900.1.3) in the ECSU Policy Manual located at http://www.ecsu.edu/legal/docs/policymanual/Section900/900-1-3.pdf.

Federal and North Carolina Drug Related Offenses

Federal Illegal Drug Laws

Federal law penalizes the manufacture, distribution, possession with intent to manufacture or distribute, and simple possession of drugs ("controlled substances"). Federal penalties and sanctions for the simple possession of a controlled substance are quite severe. The law sets forth sentences and fines that include the following:

  1. First conviction: up to one-year imprisonment, a fine of at least $1,000, or both. After one prior drug conviction: at least 15 days in prison, not to exceed two years, and a fine of at least $2,500. After two or more prior drug convictions: at least 90 days in prison, not to exceed three years, and a fine of at least $5,000. A special, harsher sentencing provision applies for possession of flunitrazepam (Rohypnol) (21 U.S.C. §844(a))
  2. 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, as well as forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance. (21 U.S.C. §§853(a) & 881(a))
  3. Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to five years for the first offense, up to 10 years for the second offense, and permanently upon the third offense. (21 U.S.C. §862) Ineligibility to receive or purchase a firearm. (18 U.S.C. §922(g))

Moreover, revocation of certain federal licenses and benefits (e.g., pilot licenses, public housing tenancy) are vested within the authorities of individual federal agencies.

These penalties may be doubled, however, when a person at least 18 years old: (1) distributes a controlled substance to a person under 21 years of age (a term of imprisonment for this offense shall not be less than one year), and/or (2) distributes, possesses with intent to distribute, or manufactures a controlled substance in or on, or within 1,000 feet of, the real property comprising a public or private elementary or secondary school, or a public or private college. (21 U.S.C. §§859 & 860)
Federal penalties and sanctions for trafficking in controlled substances are considerably more severe than those outlined previously for simple possession. The Drug Enforcement Agency outlined the federal drug trafficking penalties covered under the Controlled Substance Act on their webpage at http://www.justice.gov/dea/druginfo/ftp3.shtml.

North Carolina Drug Laws & Penalties

Each illegal drug in the State of North Carolina is characterized in the chart below to make you aware of the potential penalty for possession or trafficking illegal drugs.

Types of Drugs Unlawful Possession Unlawful Possession With Intent to Sell or Deliver; To Manufacture; or to Sell and/or Deliver North Carolina Statute
Schedule I: Heroin, LSD, Peyote, Mescaline, Psilocybin (Shrooms), other Hallucinogens, Methaqualone (Quaaludes), Phencyclidine (PCP), and MDA Maximum Penalty: Five (5) years in prison and/or fine (felony)

Maximum Penalty: Ten (10) years in prison and/or fine (felony)

§90-89
Schedule II: Morphine, Demerol, Codeine, Percodan, Percocet, Fentanyl, Dilaudid, Secondal, Nembutal, Cocaine, Amphetamines and other opium and opium extracts and narcotics Maximum Penalty: Two (2) years in prison and/or $2,000 fine (misdemeanor) -UNLESS-
1. Exceeds 4 tablets, capsules, other dosage units or equivalent quantity of Hydromorphone.
2. Exceeds 100 tablets, capsules, other dosage units or equivalent quantity.
3. One gram or more of Cocaine
Maximum Penalty: Five (5) years in prison and/or fine (felony)
Maximum Penalty: Ten (10) years in prison and/or fine (felony) §90-90
Schedule III: Certain barbiturates such as amobarbitol and codeine containing medicine such as Fiorinal #3, Doriden, Tylenol #3, Empirin #3, and codeine-based cough suppressants such as Tussionex and Hycomine, and all anabolic steroids Maximum Penalty: Possession of less than 100 tablets, capsules, other dosage units or equivalent quantity: Two (2) years in prison and/or fine (misdemeanor)
To possess more than 100 tablets, capsules, other dosage units or equivalent quantity: Five (5) years in prison and/or fine (felony)
Maximum Penalty: Five (5) years in prison and/or fine (felony) §90-91
Schedule IV: Barbiturates, narcotics, and stimulants including Valium, Talwin, Librium, Equanil, Darvon, Darvocet, Placidyl, Tranzene, Serax, Ionamin (yellow jackets) Maximum Penalty: Same as Schedule III Maximum Penalty: Five (5) years in prison and/or fine (felony) §90-92
Schedule V: Compounds that contain very limited amounts of codeine, dihydrocodeine, ethylmorphine, opium, and atropine, such as Terpine Hydrate with codeine, Robitussin AC Maximum Penalty: Six (6) months in prison and/or fine (misdemeanor) Maximum Penalty: Five (5) years in prison and/or fine (felony) §90-93
Schedule VI: Marijuana, THC, Hashish, Has Oil, Tetrahydrocannobinol

Maximum Penalty: Possession of less than ½ ounce of Marijuana or 1/20 ounce Hashis: Thirty (30) days in prison and/or $100 fine (misdemeanor)
Possession of more than ½ ounce of Marijuana or 1/20 ounce Hashish: Two (2) years in prison and/or fine (misdemeanor)
Possession of more than 1½ ounce of Marijuana or 3/20 ounce of Hashish or consists of any quantity of synthetic Tetrahydrocannabinols or Tetrahydrocannabinols isolated from the resin of marijuana: Five (5) years in prison and/or fine (felony)

Maximum Penalty: Five (5) years in prison and/or fine (felony)

§90-94
Drug Paraphernalia Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor) Maximum Penalty: One hundred twenty (120) days in prison and/or fine. (misdemeanor)
However, delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger: One (1) year in prison and/or fine. (felony)
It is unlawful for any person to purchase or otherwise procure an advertisement in any newspaper, magazine, handbill, or other publication, or purchase or otherwise procure an advertisement on a billboard, sign, or other outdoor display, when he knows that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Sixty (60) days in prison and/or fine. (misdemeanor)
§90-113.22- §90-113.24

Alcohol & Drugs Health Risks

Alcohol: This depressant slows down your heart, nervous system, and brain, and high doses of alcohol can cause you to stop breathing. Prolonged immoderate use can cause artery disease, heart failure, and liver damage including cancer, cirrhosis, and hepatitis. Women may develop alcohol-related health problems sooner than men, and from drinking less alcohol than men. Because alcohol affects nearly every organ in the body, long-term heavy drinking increases the risk for many serious health problems.

Marijuana: Because it damages short-term memory and decreases concentration and learning abilities, marijuana is particularly detrimental to students. It contains more than 400 chemicals and has 2 ½ times as much tar as tobacco. Extensive research has been devoted to studying the dangers and potential harm associated with the use of this drug. Research shows that marijuana users experience the same health problems as tobacco smokers, such as bronchitis, emphysema, bronchial asthma, and throat and lung cancer; tend to have more chest colds than non-users; and are at greater risk of getting lung infections like pneumonia. Studies show that someone who smokes five joints per day may be taking in as many cancer-causing chemicals as someone who smokes a full pack of cigarettes every day. Effects also include increased heart rate, dryness of the mouth, reddening of the eyes, and impaired motor skills, and concentration.

Anabolic steroids: Steroids have side effects ranging from insomnia to death. Using them increases your risk of cancer and cardiovascular, kidney, and liver disease. Users may exhibit aggressive, combative behavior, and use may cause impotence, sterility, or fetal damage.

Amphetamines: These drugs cause acute psychoses and malnutrition. They also can make you nervous, hyperactive, and sleepless and can elevate your pulse rate and blood pressure.

Methamphetamines: Meth is a highly addictive drug that targets the functioning of the central nervous system. Short term effects include increased wakefulness, increased physical activity, decreased appetite, increased respiration, rapid heartbeat, irregular heartbeat, increased blood pressure, hypothermia, irritability, paranoia, insomnia, confusion, tremors, and aggressiveness. Long term health effects include irreversible damage to blood vessels in the brain, stroke, severe reduction in motor skills with symptoms similar to those of Parkinson's disease, impaired verbal learning, memory impairment, and decreased ability to regulate emotions. Many of the long term effects persist after use of the drug is discontinued.

Barbiturates: Both physiologically and psychologically addictive, these drugs can cause death in high doses. Infants born to barbiturate users may suffer congenital deformities. Other effects include nausea, dizziness, lethargy, allergic reactions, and possible breathing difficulties.

Cocaine: Anyone who uses cocaine - even a first-time user - may have seizures, heart fibrillation, and strokes that can result in death. Habitual users experience irritability, paranoia, and hallucinations. Use causes tumors, chronic fatigue, dangerous weight loss, sexual impotence, and insomnia and affects respiration, blood pressure, and blood sugar levels.

Heroin and opium: An overdose of these psychologically and physiologically addictive drugs can cause death. Users feel sluggish and fall asleep at inappropriate and dangerous times. Intravenous users risk contracting Hepatitis, HIV/AIDS, and other infections.

LSD: LSD causes hallucinations, perception distortions, and anxiety. Users cannot function normally and are accident-prone. LSD also can cause elevated body temperature and respiration and a rapid heartbeat.

MDMA (Ecstasy): This drug produces both stimulant and psychedelic effects including increased heart rate, elevated blood pressure, nervousness, and hyperactivity. Because users may experience feelings of increased confidence, sensitivity, arousal, and confusion, use of Ecstasy makes them more vulnerable to crime, especially robbery, sexual assault, and other unwanted sexual encounters.

Oxycodone and other narcotics: These are safe and effective treatments for pain when prescribed by a doctor and used as directed. However, they are opioids, and therefore are psychologically and physiologically addictive. They can cause death by stopping breathing. Because of their medical uses, these drugs are frequently manufactured in a time-release (sustained-release, long-acting, extended-release) form. If users circumvent the time-release formulation, they may take a larger dose than intended, overdose, and suffer serious complications or death. Combining narcotics with alcohol or other drugs significantly increases the risk to life and well-being.

Psilocybin: This substance, found in certain mushrooms, causes hallucinations and perception distortions. Users cannot function normally and are accident-prone. This drug also can produce anxiety, elevated body temperature, rapid heartbeat, and elevated respiration.

Drug & Alcohol Abuse On-line Resources

For more information regarding drug abuse, please visit these on-line resources:

On-Campus Drug and Alcohol Abuse Committees & Education Programs

Below is a list of some of the programs and committees ECSU conducts annually to keep students informed about drug and alcohol abuse:

  • ECSU SUBSTANCE ABUSE COMMITTEE
  • Texting While Driving Under the Influence
  • Drug & Alcohol Awareness
  • Alcohol & Drug Prevention Education
  • Mocktails with the Vice Chancellor
  • Annual Alcohol, Drug and Sexual Assault Prevention Fair
  • Staying Safe On Campus
  • Drug & Alcohol Policy on campus

Resources for Faculty and Staff

ECSU Employees are encouraged to use the Employee Assistance Program offered by the University at no cost. These professional counseling services are available as needed through ComPsych at 866-511-3365.