1.0 Policy Purpose
The purpose of this policy is to comply with the Drug-Free Schools and Communities Act of 1989. It establishes drug and alcohol standards of conduct, describes sanctions, details health risks, and relays drug and alcohol resources available to students and employees.
2.0 To Whom the Policy Applies
This policy applies to students and employees (i.e., faculty and staff), as well as any individual attending or participating in campus and institution-associated programs or activities or off-campus activities sponsored by Brown University (Brown).
3.0 Policy Statement
Brown expects its students and employees to abide by all federal, state, and local laws pertaining to drugs and alcohol.
3.1 Alcohol
Brown prohibits the unlawful possession, use, or distribution of alcohol by students and employees on its property or as part of any of its programs or activities. Students and employees must fulfill their obligations and responsibilities pursuant to institutional policy and federal, state, and local laws and regulations.
It is unlawful for individuals:
- who have not attained the age of 21 to purchase, possess, or consume alcoholic beverages.
- to deliver alcoholic beverages to a person under the age of 21.
- to misrepresent oneself as having attained the age of 21 to procure alcoholic beverages.
The illegal possession, use, manufacture, distribution, provision, sale, or possession with the intent to sell alcohol is prohibited. Students and employees seeking to sponsor activities where alcohol beverages are to be served must have all required Brown approvals and abide by established policies and procedures.
Students: A student who is in violation of Brown’s policies on alcohol shall be subject to discipline in accordance with Brown’s policies and procedures. Refer to the Student Alcohol and Other Drugs Policy for additional alcohol restrictions. Disciplinary action involving alcohol violations by students may result in the imposition of a range of terms as specified in Brown University’s Code of Student Conduct up to and including expulsion, or requiring the student to participate satisfactorily in an approved alcohol assistance or rehabilitation program. Any disciplinary action imposed by Brown may be in addition to any penalty imposed by an off- campus authority. Students are subject to prosecution under applicable local, state, or federal laws.
With respect to student employees, nothing in this policy shall be construed as precluding Brown from disciplining students pursuant to the University’s Code of Student Conduct/policies, or from taking appropriate action against students pursuant to Brown’s emergency powers.
Employees: An employee who is in violation of Brown’s policies on alcohol will be disciplined in accordance with procedures outlined in Brown’s policies and/or the Faculty Rules and Regulations, up to and including termination of employment, or requiring the employee to participate satisfactorily in an approved alcohol assistance or rehabilitation program. Any disciplinary action imposed by the University may be in addition to any penalty imposed by an off-campus authority. Employees are subject to prosecution under applicable local, state, or federal laws.
3.2 Illegal Drugs
Brown prohibits the unlawful possession, use, sale, provision, manufacture, possession with the intent to sell, and distribution of controlled substances, illicit drugs, and/or drug paraphernalia by students and employees on its property or as part of any of its programs or activities. Limited exceptions may be possible for lawful, University-approved research involving cannabis in accordance with the Drug-Free Workplace Policy and related University procedures. Students and employees must fulfill their obligations and responsibilities pursuant to institutional policy and federal, state, and local laws and regulations. Under state and federal law, it is unlawful, except as expressly authorized by law, to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance or illicit drug. More severe criminal sanctions are assessed in instances where a person 18 years of age or older unlawfully distributes a controlled substance or illicit drug to a person under 21 years of age (federal law) or under 18 years of age (state law). Although the State of Rhode Island and some other jurisdictions have legalized the use of marijuana for adults 21 years of age and older, marijuana remains illegal under federal law and is prohibited by this policy.
Students: A student who is in violation of Brown’s policies on drugs shall be subject to discipline in accordance with Brown’s policies and procedures. Disciplinary action involving illegal drug violations by students may result in the imposition of a range of terms as specified in Brown University’s Code of Student Conduct up to and including expulsion, or requiring the student to participate satisfactorily in an approved drug assistance or rehabilitation program. Any disciplinary action imposed by Brown may be in addition to any penalty imposed by an off-campus authority. Students are subject to prosecution under applicable local, state, or federal laws.
With respect to student employees, nothing in this policy shall be construed as precluding Brown from disciplining students pursuant to the University’s Code of Student Conduct/policies or from taking appropriate action against students pursuant to the University’s emergency powers.
Employees: An employee who is in violation of Brown’s policies on drugs will be disciplined in accordance with procedures outlined in Brown’s policies and/or the Faculty Rules and Regulations, up to and including termination of employment, or requiring the employee to participate satisfactorily in an approved drug assistance or rehabilitation program. Any disciplinary action imposed by the University may be in addition to any penalty imposed by an off-campus authority. Employees are subject to prosecution under applicable local, state, or federal laws.
3.3 Federal, State, and Local Laws and Sanctions
3.3.1 Federal Drug Trafficking Penalties
| Drug/Schedule | Quantity | Penalties | Quantity | Penalties |
|---|---|---|---|---|
| Cocaine (Schedule II) | 500–4999 grams mixture |
First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. |
5 kgs or more mixture |
First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 mil- lion if an individual, $50 million if not an individual. Second Offense: Not less than 15 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Not less than 25 years. Fine of not more than $20 million if an individual, $75 million if not an individual. |
| Cocaine Base (Schedule II) | 28–279 grams mixture | 280 grams or more mixture | ||
| Fentanyl (Schedule II) | 40–399 grams mixture | 400 grams or more mixture | ||
| Fentanyl Analogue (Schedule I) | 10–99 grams mixture | 100 grams or more mixture | ||
| Heroin (Schedule I) | 100–999 grams mixture | 1 kg or more mixture | ||
| LSD (Schedule I) | 1–9 grams mixture | 10 grams or more mixture | ||
| Methamphetamine | 5–49 grams pure or | 50 grams or more pure or | ||
| (Schedule II) | 50–499 grams mixture | 500 grams or more mixture | ||
| PCP (Schedule II) | 10–99 grams pure or 100–999 grams mixture | 100 gm or more pure or 1 kg or more mixture |
| Penalties | ||
|---|---|---|
| Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) | Any amount |
First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
| Flunitrazepam (Schedule IV) | 1 gram | |
| Other Schedule III drugs | Any amount |
First Offense: Not more than 10 years. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual. |
| All other Schedule IV drugs | Any amount |
First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
| Flunitrazepam (Schedule IV) | Other than 1 gram or more | |
| All Schedule V drugs | Any amount |
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
3.3.2 Federal Trafficking Penalties - Marijuana
| Drug | Quantity | 1st Offense | 2nd Offense * |
|---|---|---|---|
| Marijuana (Schedule I) | 1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants | Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. | Not less than 15 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. |
| Marijuana (Schedule I) | 100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants | Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. | Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual. |
| Marijuana (Schedule I) |
More than 10 kgs hashish; 50 to 99 kg marijuana mixture More than 1 kg of hashish oil; 50 to 99 marijuana plants |
Not less than 20 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if other than an individual. | Not less than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
| Marijuana (Schedule I) | Less than 50 kg marijuana (except 50 or more marijuana plants regardless of weight); 1 to 49 marijuana plants; | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual |
| Hashish (Schedule I) | 10 kg or less | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual |
| Hashish Oil (Schedule I) | 1 kg or less | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual |
* The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is not less than 25 years imprisonment and a fine up to $20 million if an individual and $75 million if other than an individual.
3.3.3 RI Controlled Substance Penalties
Any person who manufacturers, delivers, or possesses with the intent to manufacture or deliver a Schedule I or II controlled substance may be imprisoned to a term up to life, and/or fined $10,000 to $500,000. For Schedule III or IV controlled substances, such person may be imprisoned for up to twenty (20) years and/or fined up to $40,000. For Schedule V controlled substances, such person may be imprisoned up to one (1) year and/or fined up to $10,000. Any person who knowingly or intentionally possesses a Schedule I, II, III, IV, or V controlled substance in the absence of a valid prescription may be imprisoned for up to three (3) years, and/or fined $500 to $5,000. R.I.G.L. § 21-28-4.01.
3.3.4 RI Alcoholic Beverages
Sanctions for misrepresentation of age include (i) a mandatory fine of $100 to $500, thirty (30) hours of community service, and suspension of driving privileges for thirty (30) days for the first offense; (ii) a mandatory fine of $500 to $750, forty (40) hours of community service, and suspension of driving privileges for three (3) months for the second offense; and (iii) a mandatory fine of $750 to $1,000, fifty (50) hours of community service, and suspension of driving privileges for one (1) year for the third and subsequent offenses. R.I.G.L. § 3-8-6.
Sanctions for possession of alcoholic beverages by underage persons include thirty (30) hours of community service, minimum sixty (60) day suspension of driving privileges, and (i) fines of $150 to $750 for the first offense, (ii) fines of $300 to $750 for the second offense, and (iii) fines of $450 to $950 for the third and subsequent offenses. R.I.G.L. § 3- 8-10.
Sanctions for furnishing or procuring alcoholic beverages for underage persons include (i) fines of $350 to $1,000 and/or imprisonment up to six (6) months for the first offense, (ii) fines of $750 to $1,000 and/or imprisonment up to one (1) year for the second offense, and (iii) fines of $1,000 to $2,500 and/or imprisonment up to three (3) years for the third or subsequent offenses. R.I.G.L. §§ 3-8-11.1 – 3-8-11.2.
3.3.5 Additional State and Local Laws
Additional criminal penalties for violations of state and local drug and alcohol laws may be found on websites below. There may be other provisions of federal, state, and local laws related to drugs and alcohol that are not included in this list.
Penalties for Violations of Rhode Island’s Drug and Alcohol Laws:
- Title 3 Alcoholic Beverages
- Title 11 Criminal Offenses
- Title 21 Food and Drugs
- Title 31 Motor and Other Vehicles
Penalties for Violations of the City of Providence’s Drug and Alcohol Ordinances:
3.4 Associated Health Risks
3.4.1 Alcohol Health Risks
Drinking too much, on a single occasion or over time, can take a serious toll on your health. The following information from the National Institute on Alcohol Abuse and Alcoholism details how alcohol can affect your body:
Brain: Alcohol interferes with the brain’s communication pathways and can affect the way the brain looks and works. These disruptions can change mood and behavior and make it harder to think clearly and move with coordination.
Heart: Drinking a lot, on a single occasion or over time, can damage the heart, causing problems including:
- Cardiomyopathy – Stretching and drooping of heart muscle
- Arrhythmias – Irregular heartbeat
- Stroke
- High blood pressure
Liver: Heavy drinking takes a toll on the liver and can lead to a variety of problems and liver inflammations including:
- Steatosis, or fatty liver
- Alcoholic hepatitis
- Fibrosis
- Cirrhosis
Pancreas: Alcohol causes the pancreas to produce toxic substances that can eventually lead to pancreatitis, a dangerous inflammation and swelling of the blood vessels in the pancreas that prevents proper digestion.
Cancer: According to the National Cancer Institute: “The evidence indicates that the more alcohol a person drinks—particularly the more alcohol a person drinks regularly over time—the higher their risk of developing an alcohol-associated cancer.” For more information regarding specific types of cancer, please visit the National Cancer Institute Alcohol and Cancer webpage.
Immune System: Drinking too much can weaken your immune system, making your body a much easier target for disease. People who drink chronically are more liable to contract diseases like pneumonia and tuberculosis than people who do not drink too much. Drinking a lot on a single occasion slows your body’s ability to ward off infections – even up to 24 hours after getting drunk.
3.4.2 Drug Health Risks
According to the U.S. Department of Health and Human Services the most commonly used illicit drug is marijuana. Marijuana or cannabis has both short- and long-term effects on the brain. If a person chooses to use cannabis, it is essential to understand the potential risks and recognize that cannabis, like any other drug, can be addictive.
Short term risks include:
- Increased heart rate
- Elevated blood pressure
- Slowed reaction time and/or motor functioning
- Impaired short-term memory
- Difficulty thinking or problem solving
- Altered senses
- Poor perception of time
- Changes in mood (i.e., depression, anxiety, panic, paranoia)
Long term risks include:
- Memory and Learning - Regular cannabis use can impair the ability to focus, sustain, remember information and shift attention.
- Physical Health - Cannabis smoke irritates the lungs and can lead to problems such as daily cough and phlegm, more frequent lung illness, and a higher risk of lung infections.
- Mental Health - There may be a link between long-term cannabis use and the worsening or development of mental health problems such as depression, anxiety, psychosis, and schizophrenia.
- Other Unintended Effects - Long term cannabis use may lead to lower life satisfaction, more relationship problems, less academic and career success, and more accidents and injuries.
- Substance Use Disorder - 30% of cannabis users develop a cannabis use disorder. People who begin using cannabis before age 18 are more likely than adults to develop a cannabis use disorder. Withdrawal symptoms that make quitting difficult include: irritability, insomnia, decreased appetite, anxiety and cravings.
Many other drugs can alter a person’s thinking and judgment and can lead to health risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy. Information on commonly used drugs with the potential for misuse or addiction can be found on the National Institute on Drug Abuse website.
3.5 Drug and Alcohol Resources Available to Students and Employees
3.5.1 On-Campus for Students - Care Related to Substance Use or Abuse Resources
The following services are available to all students for individual care related to substance use or abuse:
Counseling and Psychological Services (CAPS): Confidential individual appointments. Visit www.brown.edu/caps for more information or call 401-863-3476 to schedule appointments.
BWell Health Promotion: For a follow-up appointment, email bwell@health.brown.edu or click the "Confidential Appointments" link on the BWell webpage.
Dean for Recovery and Substance-Free Student Initiatives: Offers support groups, sub-free events, and individual meetings for those affected by their own, or another’s substance use. To schedule a meeting, call 401-863-9800 or email lindsay_garcia@brown.edu, and for more information visit brown.edu/go/donovan.
Student Support Services: Are available to assist students with a wide range of issues and concerns that might arise during their time at Brown. To schedule an appointment, call 401-863-3145 or email studentsupport@brown.edu.
Health Services: Medical providers are available for appointments by calling 401-863-3953. The laboratory and pharmacy are also open during specified hours. Visit brown.edu/campus-life/health/services/ for more information.
3.5.2 On-Campus for Students - Proactive Education and Prevention Programs
The following proactive education and prevention programs are available to all students for alcohol and other drugs:
Pre-arrival Course: All incoming undergraduate students complete an online course that addresses alcohol use with a diverse and comprehensive opportunity for health and wellness educational empowerment.
Orientation Course: The Culture of Consent and Community Care orientation class meeting, required for all incoming undergraduate students, includes video content and several student testimonials addressing alcohol use and highlighting positive actions students can take to care for themselves and each other, as well as speaking to the experiences of students who are substance free and/or in recovery. This class meeting lays a foundation of what Brown students expect from one another in a caring community. The BWell Orientation Committee comprised of student and staff reviews this programming and makes suggestions for improvements each year.
3.5.3 On-Campus for Students - Ongoing Initiatives
BWell Health Promotion: Uses population-based health behavior interventions that empower students with information and access to pro-health skills through in person and social media outreach as well as curriculum-based workshops. This includes:
- Public Health Messaging: Print and social media with alcohol education and information on campus resources are distributed regularly throughout campus with a focus on residence halls and program houses.
- Education: Evidence-based workshops covering alcohol physiology led by a BWell facilitator are conducted throughout the year within community settings on campus.
- Campus Life Advisory Board on Alcohol and Other Drugs: Comprised of staff, faculty and students who come together to compile and analyze relevant data and emerging research to ensure Brown is using evidence-informed practices and aligning policy and educational interventions with outcomes that can be measured through a variety of data inputs.
3.5.4 On-Campus for Employees – Employee Assistance Program
The following service is available to Brown employees related to substance use or abuse:
Employee Assistance Plan (EAP): 855-629-0554. The EAP is a benefit designed to help employees and their families handle personal problems. It provides confidential problem assessment and, in many cases, referral for a specific course of treatment. To access the program directly, employees or their immediate family members may call or email the provider and indicate that they are covered by the Brown contract.
3.4.5 Students and Employees - Local and National Resources
The following local and national resources are available to everyone, including students and employees:
Alcoholics Anonymous: 401-438-8860. Anonymous twelve-step recovery program.
Butler Hospital: 1-800-433-6888 (inside RI) or 1-800-272-9699 (outside RI). When you or someone you know is ready to commit or re-commit to recovery, the patient assessment team at Butler can assist in finding the right program.
Narcotics Anonymous: 866-624-3578. 12 step recovery program that focuses on the disease of addiction rather than any particular drug.
The Rhode Island Department of Behavioral Health Care, Developmental Disabilities and Hospitals (BHDDH): This site offers a listing of licensed substance use treatment agencies throughout Rhode Island. List includes agencies licensed to provide detox, residential, outpatient, and medication-assisted treatment services.
Rhode Island’s Hope & Recovery Support Line: 401-942-STOP (7867). This support line connects people to treatment and recovery services 24 hours/day, 7 days/week, 365 days/year.
SAMHSA’s National Helpline: 1-800-662-HELP (4357), TTY: 1-800-487-4889. This Helpline provides 24-hour, free and confidential treatment referral and information about mental and/or substance use disorders, prevention, and recovery in English and Spanish.
ZenCare: Allows you to review local (Providence and Boston area) therapists. You can filter options by selecting alcohol, substance use or recovery focuses. You can also filter by insurance accepted and schedule a phone consultation to see if it is the right fit.
4.0 Definitions:
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5.0 Responsibilities
All individuals to whom this policy applies are responsible for becoming familiar with and following this policy. University supervisors and employees with student oversight duties are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure and enforce compliance with it, and ensuring that the disciplinary sanctions describe in this policy are consistently enforced.
In addition to responsibilities already assigned in this policy, the following offices will accomplish additional actions.
Health and Wellness:
- Complete a biennial review of the alcohol and other drug program and make changes to the program and this policy, as needed.
University Human Resources:
- Provide notice of this policy to every employee annually in writing and in a manner that ensures all employees receive it.
- Provide inputs to the biennial review, as needed.
Student Conduct and Community Standards:
- Provide notice of this policy to every student annually in writing and in a manner that ensures all students receive it.
- Provide inputs to the biennial review, as needed.
6.0 Consequences for Violating this Policy
In addition to consequences and discipline already directed in this policy, failure to comply with this and related policies is subject to disciplinary action up to and including expulsion for students, and suspension without pay or termination of employment or association with the University for employees, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures, or for non-employees may result in the suspension or revocation of the user’s relationship with Brown University. The University may also refer violators of this policy for prosecution.
7.0 Related Information
Brown University is a community in which individuals are encouraged to share concerns with University leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).
The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.
7.1 Related Policies
7.2 Related Procedures
7.3 Related Forms
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7.4 Frequently Asked Questions:
N/A
Policy Owner and Contact(s)
Policy Owner: Vice President for Campus Life & Student Services and Vice President for Human Resources
Policy Approved by: President
Contact Information:
Policy History
Policy Issue Date:
Policy Effective Date:
Policy Update/Review Summary:
DAAPP information was previously contained in the Annual Security Report.