Drug Free Schools and Communities Act

HSU Student Conduct Policy page 90

HSU Policy on Alcohol and Drugs page 66

HSU Student Conduct Policy page 90

HSU Policy on Alcohol and Drugs page 66

In addition to violating the Student Code of Conduct and policy on Alcohol and Drugs, a student’s behavior may also be a violation of the law. In these cases, action by law enforcement authorities may also occur. Thus, students may be adjudicated through the Office of Student Life as well as through the court system.

State Laws

• Public Intoxication – A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (Texas Penal Code 49.02).
  • Punishable by a fine of up to $500.00, and a permanent criminal conviction. After two convictions, repeat offenders can be charged with a Class B Misdemeanor, facing up to 180 days in jail and a $2,000.00 fine.

• Possession of Alcoholic Beverage in Motor Vehicle “Open Container” – A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (Texas Penal Code 49.031).
  • Class C Misdemeanor punished by a fine not to exceed $500.

• Driving While Intoxicated – A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (Texas Penal code 49.04).
  • Note that a person may also be convicted of offenses if intoxicated while driving with a child passenger in the vehicle, operating a plane, or boating.  (Texas Penal code 49.045 – .06).
  • Up to a 3rd Degree Felony – Punishment includes imprisonment no less than 2 years and no more than 10 years and a fine of up to $10,000.
  • Administrative License Revocation; Implied Consent:  After being arrested for Driving While Intoxicated, failing or refusing the Blood Alcohol Concentration (BAC) test can result in license revocation.
  • Driver’s license maybe suspended for 180 days to 2 years.
  • Revocation may NOT be probated and there is a $125 reinstatement fee. An appeal process is available.

• Intoxication Assault – A person commits an offense if the person, by accident or mistake while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (Texas Penal Code 49.07).
  • Third degree felony – Punishment includes imprisonment no less than 2 years and no more than 10 years and a fine of up to $10,000.

• Intoxication Manslaughter – A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (Texas Penal Code 49.08)
  • Second degree felony – Punishment includes imprisonment no less than 2 years and no more than 20 years and a fine of up to $10,000.

• Purchase of Alcohol by a Minor / Attempt to Purchase Alcohol by a Minor – A minor commits an offense if the minor purchases or attempts to purchase an alcoholic beverage. (Texas Alcoholic Beverage Code 106.02106.25)
  • The offenses are punishable by a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. The court may also mandate community service and suspend the driver’s license of the convicted individual. Additionally, the court may mandate attendance at an alcohol awareness course.

• Sale To Minors – A person commits an offense if with criminal negligence they sell an alcoholic beverage to a minor. (Texas Alcoholic Beverage Code 106.03)
  • The offense is a Class A Misdemeanor punishable by a fine of up to $4,000; confinement in jail for a term not to exceed 1 year; or both the fine and confinement.

• Consumption of Alcohol by a Minor – A minor commits an offense if he consumes an alcoholic beverage. (Texas Alcoholic Beverage Code 106.04)
  • The offense is a Class C Misdemeanor punishable by a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. The court may also mandate community service and suspend the driver’s license of the convicted individual. Additionally, the court may mandate attendance at an alcohol awareness course.

• Driving or Operating Watercraft Under the Influence of Alcohol by Minor – A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system. (Texas Alcoholic Beverage Code 106.041).
  • The offense is a Class C Misdemeanor punishable by a fine of not less than $500 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. In addition, the court shall order community service to be performed.

• Possession of Alcohol by a Minor – A minor commits an offense if he possesses an alcoholic beverage. (Texas Alcoholic Beverage Code 106.05).
  • The offense is a Class C Misdemeanor punishable by a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. The court may also mandate community service and suspend the driver’s license of the convicted individual. Additionally, the court may mandate attendance at an alcohol awareness course.

• Purchase of Alcohol for a Minor – Furnishing Alcohol to a Minor – A person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. (Texas Alcoholic Beverage Code 106.06).
  • The offense is a Class A Misdemeanor punishable by a fine of up to $4,000; confinement in jail for a term not to exceed 1 year; or both the fine and confinement. The court may also mandate community service pg. 4 and suspend the driver’s license of the convicted individual. Additionally, the court may mandate attendance at an alcohol awareness course.

• Misrepresentation of Age by a Minor – A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (Texas Alcoholic Beverage Code 106.07).
  • The offense is a Class C Misdemeanor punishable by a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. The court may also mandate community service and suspend the driver’s license of the convicted individual. Additionally, the court may mandate attendance at an alcohol awareness course.

• Possession of a Controlled Substances – A person commits an offense if the person knowingly or intentionally possesses a material, compound, mixture, or preparation containing the controlled substance, which are divided into Penalty Groups 1 through 4. (Texas Health and Safety Code – Health & Safety Code 481.101 – 481.106).
  • Punishable up to a Felony of the 1st Degree with imprisonment for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000.  Note: Penalty Group 2 – Possession of THC (Marijuana) in Vape Pens, Wax, Dab etc.
  • Less than 1 gram: State Jail Felony (6 months – 2 Years in state jail, and a fine up to $10,000)
  • 1 to 4 grams: 3rd Degree Felony (2 – 10 years in state prison, and a fine up to $10,000)
  • 4 to 400 grams: 2nd Degree Felony (2 – 20 years in state prison, and a fine up to $10,000)
  • More than 400 grams: 1st Degree Felony (5 to 99 years or life in state prison, and a fine not to exceed $50,000)

• Manufacture, Delivery, or Possession of Miscellaneous Substances – The manufacture, delivery, or possession of a controlled substance (as defined by the Texas Controlled Substances Act). o Punishable by prison time up to 2 to 10 years and a fine of up to $10,000. (Texas Health and Safety Code 481.119).
• Delivery of Marijuana – A person commits an offense if the person knowingly or intentionally delivers marijuana. o Such offense is punishable by a fine up to $100,000 and/or prison term of life or not more than 99 years. (Tex. Health & Safety Code 481.120).
• Possession of Marijuana – A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. o This offense is punishable by a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days; or both such fine and confinement. With punishment up to a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; with imprisonment for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000. (Tex. Health & Safety Code 481.121).
• Delivery of Controlled Substance or Marijuana to Child – A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 (of the Texas Controlled Substances Act) or knowingly delivers marijuana and the person delivers the controlled substance or marijuana to a person who is a child or who is enrolled in a public or private primary or secondary school. o This offense is punishable as a felony in the second degree. Punishable by a range from 2 to 20 years in prison and a maximum fine of up to $10,000. (Tex. Health & Safety Code 481.122).
• Possession or Delivery of Drug Paraphernalia – Section (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; or Section (b) A person commits an offense if the person knowingly or intentionally pg. 5 delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; or Section (c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.  (Tex. Health & Safety Code 481.125).
  • An offense under Subsection (a) is a Class C Misdemeanor, punishable of up to no more than $500 with no jail time.
  • An offense under Subsection (b) is a Class A misdemeanor, punishment of up to a year in county jail and/or a fine of up to $4,000, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.
  • An offense under Subsection (c) is a state jail felony, punishment of jail time of at least 180 days and no more than two years, and a fine which cannot surpass $2,000.

• Drug Free Zone – Drug related offenses have increased penalties if the offense occurs in a “drug free zone.” Drug free zones include institutions of higher education, youth centers, schools (and other facilities) and the areas surrounding such locations.
  • Penalties include fines that may be doubled and minimum jail terms that may be raised. (Tex. Health & Safety Code 481.134).

Federal penalties and sanctions for illegal possession of a controlled substance include:

21 U.S.C. 844(a) First conviction: Up to one-year imprisonment and fined at least $1,000, or both. After one prior drug conviction: Up to 15 days in prison and fined at least $2,500, or both. After two or more prior drug convictions: At least 90 days in prison and fined at least $5,000, or both.

21 U.S.C. 881(a)(7) Forfeiture of real property used, or intended to be used, to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one-year imprisonment.

21 U.S.C. 881(a)(4) Forfeiture of vehicles, boats, aircraft or any other conveyance used, or intended to be used, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of a controlled substance.

21 U.S.C. 844a Civil fine of up to $10,000.

21 U.S.C. 862 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.

21 U.S.C. 861(d) Penalty for providing a controlled substance to an underage person: prison for up to five years, or fine of up to $50,000, or both.

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. Federal penalties for trafficking in controlled substances such as marijuana, hashish, and hashish oil include up to life imprisonment and millions of dollars in fines.

For additional information on specific United States Codes, visit: United States Code, 5 USC 7361 – Drug Abuse, 5 USC 7362 – Alcohol Abuse and Alcoholism

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.

Federal penalties for trafficking in controlled substances such as marijuana, hashish, and hashish oil include up to life imprisonment and millions of dollars in fines.

Local City Rules related to alcohol and other drugs Abilene, TX

Students and employees in violation of drug and alcohol policies governed by Hardin-Simmons University and local, State, and Federal laws will be subjected to disciplinary action (including dismissal) and applicable legal sanctions.

Alcoholic Beverages – The City of Abilene prohibits the possession or consumption of alcoholic beverages inside any buildings, facilities, and parks (Section22-2) Violations could result in fines, penalties, and/or arrests. Use of alcoholic beverages at Festival Gardens is allowed under certain provisions. Call 325-676-6217 or email the Parks and Recreation Department for more information.

Smoking – The City of Abilene buildings, facilities and parks are “Smoke Free” areas (Ordinance 41-2014). Violations could result in fines, penalties and/or arrests.

The links below provide summary of some of the principal health risks and hazards associated with the use of illicit drugs and alcohol. It is neither comprehensive nor exhaustive.

• Alcohol – http://alcohol.org/effects/
• Narcotics – http://nida.nih.gov/publications/drugs-brains-behavior-science-addiction/addiction-health
• Depressants – http://www.drugfreeworld.org/drugfacts/prescription/depressants.html
• Stimulants – http://drugabuse.com/stimulants/effects-use/
• Hallucinogens – http://www.mydr.com.au/addictions/hallucinogens-what-are-the-effects/
• Marijuana – http://www.cdc.gov/marijuana/health-effects/index.html
• Smoking & Tobacco Use – http://www.cancer.org/healthy/stay-away-from-tobacco/health-risks-of-tobacco/health-risks-of-smoking-tobacco.html

Drug and Alcohol Programs (Counseling, Treatment, Rehabilitation, Reentry)

Substance abuse prevention involves helping individuals develop the knowledge, attitudes, and skills needed to make good choices. The use of drugs/alcohol during one’s college years has the potential to disrupt brain function in areas critical to motivation, memory, learning, judgment, and behavior control, because the brain is still developing during this period. Substance abuse prevention programs in schools foster protective factors, such as school connectedness and positive peer relationships, which can help students avoid engaging in risky behaviors and help students learn skills important to promoting healthy choices, such as decision making, goal setting, self-management, and bystander intervention.

The following agencies offer counseling and treatment in the area of substance abuse.   The Dean of Students may refer students to choose from one of these agencies or the family physician or medical provider for alcohol treatment as part of disciplinary sanctions before re-entry to HSU is allowed.

HSU does not inspect or certify these programs but encourages students and family members to do their own research and find the one that best works for them.

• Psychology & Counseling Center, Hardin-Simmons University, HSU Box 16115, Abilene, TX 79698, 325-670-1531
• Abilene Regional Council Center on Alcohol & Drug Abuse, 104 Pine Street, Suite 212, Abilene, TX 79601, 325-673-2242
• First Baptist Church of Abilene, Ministry of Counseling, 1333 North 2nd, Abilene TX 79601, 325-672-9999
• Shades of Hope Treatment Center, Corner of Pecan and Mulberry, Buffalo Gap, TX 79508, 325-572-3843
• Pastoral Care & Counseling, 751 Hickory, Abilene, TX 79601, 325-672-5683
• Serenity House of Abilene, 1546 North 2nd, Abilene, TX 79601, 325-673-6489
• West Texas Rehab Center, 4601 Hartford, Abilene, TX 79605, 325-793-3400

Students violating the HSU policies around alcohol and drug use will be required to pay for and participate in a designated alcohol education program. The fee for the program will be paid to the cashier desk at Hardin-Simmons and the information for the course and completion deadlines will be detailed in the student conduct proceedings. Additional information may be obtained from the supervising student conduct case manager, often Residence Directors, the Director of Residence Life, or the Dean of Students. Failure to complete required payment or course completion will result in a hold being placed onto the student account, preventing registration and other university services. This hold will only be taken off pending completion of the sanction(s)

• HSU Student Conduct Policy page 90
• HSU Policy on Alcohol and Drugs page 66

Resource Fairs – Each Semester, HSU invites local drug and alcohol rehabilitation agencies on to campus to provide resources and help students understand how to identify risky behaviors, and to connect with local support services.

HSU Counseling Services