Marian University takes a firm position against the abuse of alcohol by all students and guests. This includes the use, possession, or being in the presence of alcohol by underage students. The University will take action if an individual’s behavior is inappropriate due to the illegal possession or consumption of alcohol. Marian University takes a firm position against the possession, use, and abuse of illegal drugs. The University will take action if an individual’s behavior is inappropriate due to the possession or use of illegal drugs.
Consumption of alcohol by underage individuals on campus and in campus housing is not tolerated, may be reported to law enforcement, and will subject students who consume or provide the alcohol to conduct review and sanctioning. Use of or abuse of controlled substances (illegal and pharmaceutical drugs) is also prohibited and will subject students who misuse or abuse controlled substances to conduct review and sanctioning, as well as immediate reporting to law enforcement.
Referral to law enforcement may result in citation or legal action against the student, employee, or guest.
Federal Legal Sanctions
Pursuant to federal law, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury; and possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison.
Following are the federal penalties and sanctions for illegal possession of controlled substances:
21 U.S.C. 844(a)
- 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.
- After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and find 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, but not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
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: cocaine, above).
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.
21 U.S.C. 862
- 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 purchase, receive or transport 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.
Financial Aid (20 USC 1091)
Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants , loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.Wisconsin State Statutes
Wisconsin and Fond du Lac Legal Sanctions
The Uniform Controlled Substances Act, Chapter 961 of the Wisconsin State Statutes, regulates controlled substances and outlines specific penalties for the violation of the regulations. A first-time conviction for possession of a controlled substance can result in a sentence of up to one year in prison and a fine of up to $5,000 (Sec. 961.41(3g), Stats). A person convicted of manufacturing a controlled substance, delivering a controlled substance, or possessing a controlled substance with intent to manufacture or deliver, can be imprisoned for up to 40 years and fined up to $100,000 (Secs. 961.41(1) and (1m), Stats). Penalties vary according to the type of drug involved, the amount of drug confiscated, the number of previous convictions, and the presence of any aggravating factors. The distribution of a controlled substance to a minor may result in the increase of the applicable maximum term of imprisonment for that offense by not more than five years (Sec. 961.46, Stats).
Wisconsin has formidable legal sanctions that restrict the use of alcohol in various situations. It is illegal to procure for, sell, dispense or give away alcohol to anyone who has not reached the legal drinking age of 21 years (Sec. 125.07(1)(a)(1), Stats). Every adult has a legal obligation to prevent the illegal consumption of alcohol on premises owned by the adult or under the adult's control (Sec. 125.07(1)(a)(3), Stats). A first-time violator of either of the above subsections can be fined up to $500.
It is against the law for an underage person to procure or attempt to procure an alcoholic beverage, to falsely represent his or her age for the purpose of obtaining alcohol, to enter premises licensed to sell alcohol, or to consume or possess alcohol on licensed premises (Sec. 125.07(4)(a), Stats). A first-time underage violator of Section 125.07(4)(bs), Stats., can be fined up to $500, ordered to participate in a supervised work program, and have their driver's license suspended.
The city of Fond du Lac also has ordinances restricting the hosting of parties.
It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises or on any other private or public property where alcohol or alcohol beverages are present when the person knows that an underage person will or does consume any alcohol or alcohol beverage, or possess any alcohol or alcohol beverage with the intent to consume it, and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(1) A person is responsible for violating this section if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
(2) A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible.
A person who violates any provision of this section is subject to a forfeiture of not less than $1,000 nor more than $5,000, together with the costs of prosecution.
Student Code of Conduct regarding Alcohol and Other Controlled Substances
Marian University takes a firm position against the abuse of alcohol by all students and guests, as well as the use, possession, or being in the presence of alcohol by underage students. The University will take action if an individual’s behavior is inappropriate due to the illegal possession or consumption of alcohol. The University recognizes that there are legal uses of alcohol (i.e. by individuals who are or over the age of 21) and uses that violate University policy (i.e. because of when or how the use occurred on campus or at University-sponsored events). Consumption of alcohol by underage individuals on campus and in campus housing is not tolerated, may be reported to law enforcement, and will subject students who consume or provide the alcohol to conduct review and sanctioning.
Individuals prohibited from the consumption or possession of alcohol, as defined by Wisconsin law, cannot consume or possess alcohol while at Marian University or University-sponsored events. This restriction also applies to the individuals’ guests, regardless of age, as it pertains to the presence of alcohol in the residence facilities.
Individuals who are under the age of 21 in the presence of alcohol will be considered in violation of the Marian University Alcohol Policy, which may include a violation of the Complicity Policy.
Individuals, parents, and/or members of organizations who are 21 or older must refrain from sharing, giving, purchasing, serving, or encouraging the consumption of alcohol by anyone less than 21 years of age. Those who violate this policy will be subject to the University’s disciplinary proceedings and/or civil proceedings.
Individuals who provide alcohol or participate in functions where alcohol is served are responsible for the safety and welfare of their University peers and/or guests who are consuming alcohol.
Social events where alcohol is served must be served by a contracted, professional bartender.
Inappropriate behavior resulting from the consumption of alcohol (i.e. public intoxication) will result in disciplinary action against the students and/or organization.
Creating, offering, or engaging in drinking games or other behaviors designed for the purpose of rapid and/or excessive consumption of alcohol is prohibited. At no time should activities that encourage excessive drinking or lead to the endangerment of the individuals take place in the residence facilities or on University property.
Kegs or similar containers of alcohol (including beer bongs, coolers, Rubbermaid containers, and other large volume containers) are not permitted on campus at any time unless approved by the Dean of Student Engagement.
Bars or any bar-type structures are not permitted in any residence facility.
Open containers of alcohol (including, but not limited to: bottle, can, cup, case, or box) in public areas are strictly prohibited.
Violations of this policy will be reported to law enforcement officials and/or be handled through the Student Conduct Process.
Housing classification pertaining to alcohol
WET: A “wet” housing unit contains residents who are all 21 years of age or older.
DAMP: A “damp” housing unit contains at least one resident of age 21 or older. Alcohol is allowed in the common area (one open alcoholic beverage per individual aged 21 or older). Individual rooms where residents are underage are considered substance-free areas.
DRY: A “dry” housing unit contains residents who are all younger than 21 or who choose to live in an alcohol-free environment. Alcohol is prohibited in these designated areas.
Marian University takes a firm position against the possession, use, and abuse of illegal drugs. The University will take action if an individual’s behavior is inappropriate due to the possession or use of illegal drugs.
The illegal possession of drugs or identified paraphernalia, in accordance with state and federal laws, is strictly prohibited. Any prescription drug not found in its original container with the individual’s name is strictly prohibited. University personnel descriptions of a student whose self or clothing carries a distinct odor of a drug (i.e. marijuana) may be considered evidence in a conduct hearing. Any type of drug paraphernalia is prohibited. Paraphernalia will be confiscated and turned over to law enforcement officials.
Violations of this policy will be reported to law enforcement officials and/or be handled through the Student Conduct Process.
Students found responsible for violating the Code of Conduct policies regarding alcohol or controlled substances (Listed as Drug Use or Abuse) will be adjudicated through the student conduct process. Drug abuse may result in immediate action by law enforcement officials. Students may be sanctioned to:
· educational activities or tasks to better understand the effects of alcohol on their lives and on the community;
· consultation with a mental or physical health provider with a potential referral to rehabilitative services in the community;
· removal from on-campus housing;
· disciplinary probation;
Please refer to the Student Handbook for greater detail on the student conduct process.
Marian University, in compliance with and in support of the Drug-Free Workplace Act of 1988, hereby notifies all employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited at Marian University. Violation of this prohibition by an employee will result in Marian University taking appropriate personnel action against the employee, up to and including termination of employment, or requiring the employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. As a condition of employment, each employee will abide by the terms of this statement and will notify Marian University through the Office of Human Resources of any criminal drug statute conviction for a violation occurring at Marian University no later than five calendar days after such conviction.
Marian University is committed to maintaining a drug-free workplace and will provide employee assistance through referral for drug counseling and/or rehabilitation upon request through Human Resources. Employees deemed by the University to be in violation of the prohibition will be subject to the personnel action deemed appropriate by Marian University.
*At officially approved University events, alcoholic beverages may be served under applicable Wisconsin Statutes and legal conditions. Unless abuse is a factor, these events are exempt from this policy.