Drug-Free Schools and Communities Act

Drug-Free Schools and Communities Act (DFSCA)

The Drug-Free Schools and Communities Act of 1989 - also known as the Drug-Free Schools and Campuses Act - requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs for faculty, staff and students. Columbia Basin College (“CBC” or “the College”) faculty, staff and students are also subject to federal and Washington state laws. 

The DFSCA requires the establishment of a drug and alcohol prevention program, which includes the notification below. All members of the CBC Community are encouraged to review the notification and information on the linked pages. This information is also distributed on an annual basis to faculty, staff and students via mass email to CBC-assigned email accounts.

DFSCA Annual Required Written Distribution Information to Students 

The Drug-Free Schools and Communities Act requires that each institution distribute the following in writing to all students annually:

  • Student Code of Conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school activities;

  • A description of the applicable legal sanctions under federal, state, or local law for the unlawful possession or distribution of illicit drugs and alcohol;

  • A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;

  • A description of any drug or alcohol counseling, treatment, rehabilitation, and re-entry programs that are available to students as resources;

  • A clear statement that the institution will impose disciplinary sanctions on students (consistent with federal, state, or local law), and a description of those sanctions, up to and including expulsion and referral for prosecution, for violations of the Student Code of Conduct.

 

Applicable Legal Sanctions

This information is provided for informational purposes and may not represent the current status of the law. The Washington State Legislature provides access to Washington laws.

The following is a partial list of illicit drugs considered to be controlled substances by the State of Washington:

  • Narcotics (opium and cocaine, and all drugs extracted, derived or synthesized from opium and cocaine, including crack cocaine and heroin);
  • Methamphetamine;
  • Barbiturates; and
  • Hallucinogenic Substances (LSD, peyote, mescaline, psilocybin, PCP).
  1. State Penalties for Illegal Sale of Controlled Substances:  The illegal sale of any controlled substance is punishable by up to five years in prison, $10,000 fine, or both.
  2. State Penalties for Illegal Manufacture or Delivery of Controlled Substances: Schedule I or II Narcotics or flunitrazepam - Up to 10 years in prison, $25,000 to $100,000 fine, or both. Any other controlled substances under Schedule I, II, III, IV or V, except flunitrazepam - Up to five years in prison, $10,000 fine, or both.
  3. State Penalties for Possession of Controlled Substances: Possession of any controlled substance is punishable by up to five years in prison, a $10,000 fine, or both.

More severe penalties are provided for persons convicted of providing controlled substances to minors, to repeat offenses and to offenses on or near schools or parks.

Special Note Regarding Marijuana: Marijuana remains illegal for minors (persons under 21 years of age) to possess, sell or use and is illegal to possess for a person of any age in amounts over 28.3 grams. Marijuana remains illegal under federal law and policies concerning marijuana at the College remain unchanged. It is illegal to produce, distribute or use marijuana on College property or during College-sponsored activities.

 

This information is provided for informational purposes and may not represent the current status of the law. The Washington State Legislature provides access to Washington laws.

The following is a partial list of alcohol related laws and penalties.

Law(s) Title Prohibitions

RCW 46.61.502



Driving Under the Influence Prohibit operating motor vehicle while under the influence of intoxicating liquor or any drug.
RCW 46.61.504

Physical Control of Vehicle Under the Influence  
RCW 46.61.5055 Alcohol & Drug Violators - Penalty schedule  

RCW 46.61.517

 

Refusal of test - Admissibility of Evidence Refusal of person to take alcohol test or drug concentration in the person's blood or breath is admissible in a court of law.
RCW 46.20.308 Implied Consent - Test Refusal - Procedures  
RCW 66.44.100 Opening or consuming liquor in public place - Penalty Prohibits opening or consuming liquor in a public place.
RCW 66.44.270

Furnishing liquor to minors-Possession, use - Penalties - Exhibition of effects - Exceptions Prohibits the sale or supply of liquor to a minor. It also prohibits anyone from permitting a minor to consume liquor on premises under that person's control and prohibits minors from possessing, consuming, or otherwise acquiring any liquor.
RCW 66.44.290 Minor purchasing or attempting to purchase liquor - Penalty Prohibits anyone under the age of 21 from purchasing or attempting to purchase alcohol.
RCW 66.44.310 Minors frequenting off-limits area-Misrepresentation of age - Penalty - Classification of licensees Prohibits using a false identification card or misrepresenting your age for the purpose of securing alcohol.
RCW 66.44.325 Unlawful transfer to minor of age identification Prohibits the use and manufacture of false ID cards.
RCW 66.44.370 Resisting or opposing officers in enforcement of title Prohibits anyone from resisting arrest by a law enforcement official for an alcohol related crime.

 

 

The possession, use or distribution of illicit drugs is prohibited by federal law. Strict penalties are provided 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.

A. Denial of Federal Benefits (21 USC §862) 
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, contracts and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction, 10 years for a second conviction and permanent denial of federal benefits for a third conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.

B. 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 may be issued and property seized at the time an individual is arrested on charges that may result in forfeiture.

C. 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 results from the use of a controlled substance that has been illegally distributed, the person convicted on federal charges of distributing the substance faces a prison term of not less than 20 years, but not more than life, and fines ranging up to $8 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 USC §860) 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 one year.

D. Federal Drug Possession Penalties (21 USC §844) 
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a minimum fine of $1,000, or both. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days, but not more than three years in prison and a minimum fine of $5,000. Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than five years but not more than 20 years and a minimum fine of $1,000, or both, if:

a. it is a first conviction and the amount of crack possessed exceeds 5 grams; 
b. it is a second conviction and the amount of crack possessed exceeds 3 grams; 
c. 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. Special sentencing provisions for possession of Flunitrazepam (Rohypnol, "roofies" or "roaches") impose a prison term of not more than 3 years, a fine up to $5,000, or both.

Health Risks of Drugs and Alcohol

The following is a brief summary of information regarding the health risks associated with the use of alcohol and illicit drugs.

**Adapted from U.S. Department of Justice Drug Enforcement Administration "Drugs of Abuse" and from the National Institute on Alcohol Abuse and Alcoholism "Alcohol's Effects on the Body".

  • Dependence: High
  • Possible Effects: Impaired memory, slurred speech, drunken behavior, slow onset vitamin deficiency, organ damage
  • Effects of Overdose: Vomiting, respiratory depression, loss of consciousness, possible death
  • Withdrawal Syndrome: Trembling, anxiety, insomnia, vitamin deficiency, confusion, hallucinations, convulsions
  • Dependence: Unknown
  • Possible Effects: Virilization, edema, testicular atrophy, gynecomastia, acne, aggressive behavior
  • Effects of Overdose: Unknown
  • Withdrawal Syndrome: Possible depression

 

  • Dependence: Moderate
  • Possible Effects: Euphoria, relaxed inhibitions, increased appetite, disorientation
  • Effects of Overdose: Fatigue, paranoia, possible psychosis
  • Withdrawal Syndrome: Insomnia, hyperactivity, decreased appetite
  • Dependence: Moderate
  • Possible Effects: Slurred speech, disorientation, drunken behavior without odor of alcohol, impaired memory of events, interacts with alcohol
  • Effects of Overdose: Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death
  • Withdrawal Syndrome: Anxiety, insomnia, tremors, delirium, convulsions, possible death
  • Dependence: Moderate - High
  • Possible Effects: Heightened senses, teeth grinding, dehydration, illusions and hallucinations, altered perception of time and distance
  • Effects of Overdose: Increased body temperature, electrolyte imbalance, cardiac arrest; unable to direct movement, feel pain, or remember
  • Withdrawal Syndrome: Muscle aches, drowsiness, depression, acne
  • Dependence: High
  • Possible Effects: Euphoria, drowsiness, respiratory depression, constricted pupils, nausea
  • Effects of Overdose: Slow and shallow breathing, clammy skin, convulsions, coma, possible death
  • Withdrawal Syndrome: Watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating
  • Dependence: High
  • Possible Effects: Increased alertness, excitation, euphoria, increased pulse rate and blood pressure, insomnia, loss of appetite
  • Effects of Overdose: Agitation, increased body temperature, hallucinations, convulsions, possible death
  • Withdrawal Syndrome: Apathy, long periods of sleep, irritability, depression, disorientation

Standard of Conduct for Students

All students at CBC are an important part of the campus community and must abide by the policies of the Student Code of Conduct. These policies prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol under local, state, and federal laws. Students will be held accountable for their behavior if found responsible for violating any standards of conduct per the policies in the Student Code of Conduct.

The policies within the Student Code of Conduct will apply to student behavior that occurs on College property and at College-sponsored events and activities. These policies will also apply to violations of the conduct code that occur off campus, which includes alleged violations of local, state, and federal law. When a student is involved with an off-campus alleged violation of the Student Code of Conduct, the Student Conduct Officer will determine whether the student will be subject to the discipline process outlined in the Student Code of Conduct. When a student is charged with a violation of federal, state, or local law, and college disciplinary action is also taken, campus proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

Each student is responsible for their conduct from the time of enrollment through their severance of a relationship with the College (e.g. the actual awarding of a degree or certificate). For more information regarding the jurisdiction of the College’s discipline process, please refer to the Student Code of Conduct link above. 

CBC will impose disciplinary sanctions on students who are found responsible for violating the Alcohol and Drug policies of the College. A description of each sanction can be found in Article IV (link to Article IV) of the Student Code of Conduct, and can include referrals for prosecution and the completion of a rehabilitation program.

Student Resources

Even though students can be held accountable for their behaviors when violating the policies of the Student Rights and Responsibilities, CBC understands that the health and well-being of the students within the campus community can outweigh the concerns for the discipline process. If a student wishes to seek help for any alcohol or drug related substance abuse, they may contact the Counseling and Advising Center, in confidence, for resources and additional information regarding available and appropriate substance counseling, treatment or rehabilitation programs.

CBC Counseling Center
509-542-5505
On campus Ext: 2305 

Alcoholics Anonymous (Tri-City Area)
Tri-Cities AA District 4 or Drug Alcohol Helpline
24-Hour Answering Services: 509-735-4086 

Narcotics Anonymous (Tri-City Area)
1-800-726-8314


Washington Recovery Helpline
24-Hour Help for Substance Abuse, Problem Gambling & Mental Health
1-866-789-1511


Addiction Services - DSHS
1-877-301-4557 

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