Health and Wellness

Drug and Alcohol Policy

As a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees.  Northeast Community College has programs and policies in place to support a drug-free environment. 

Standards of Conduct for Employees and Students Regarding Alcohol and Drugs

In satisfaction of this mandate and in order to fulfill its obligations under the Drug Free Workplace Act of 1988, 41 U.S.C. § 701 and the Drug Free Schools and Communities Act of 1989, 20 U.S.C. § 1145g, the College has formulated standards of conduct for both its employees and its students which prohibit the following acts:

  1. unlawful possession, use, or distribution of illicit drugs and the possession, use or sale of alcohol by students and employees on its property or as part of any of its officially recognized activities.* The laws of the State of Nebraska pertaining to the possession and use of illicit drugs and alcoholic beverages on public property shall be followed. Specifically, this means that it is a violation of the drug and alcohol policy for students or employees to purchase, manufacture, possess, consume, or sell such items on the campus.
  2. unauthorized and/or unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol is strictly prohibited in all College facilities and on all property of the College, and in all places where its employees work, including College vehicles. This campus prohibition includes campus student housing and applies to any person on College grounds, whether he or she is a member of the College community or not. This policy also applies to college sponsored student activities off-campus
  3. College employees, including student employees, are prohibited from reporting to work and/or from operating or using any College equipment, machinery, or vehicle while under the influence of alcohol or controlled substances
  4. Students are prohibited from reporting to any curricular or co-curricular class/activity and/or from operating or using any College equipment, machinery, or vehicle while under the influence of alcohol or controlled substance

Student and employee violations of the policy will be subject to disciplinary procedures consistent with applicable laws, rules, regulations and collective bargaining agreements.  Violations of the policy shall result in any one of a combination of the following disciplinary sanctions:

  • Warning
  • Disciplinary probation
  • Suspension/termination/eviction from on-campus housing facilities
  • Referral to an appropriate drug/alcohol treatment program
  • Referral to law enforcement agencies
  • Any other action considered necessary by college officials

Definitions and accompanying procedures of these sanctions pertaining to students can be found in the Student Code of Conduct

Policies and Procedures pertaining to employees are included in the General Staff Handbook and Instructional Services Handbook. The Vice President of Student Services should be notified of any violations by students. The Director of Human Resources should be notified of any violations by faculty and staff.
Students and employees accused of violating the drug/ alcohol policy as established shall have the right to:

  1. a hearing before the Grievance Committee, and
  2. access to appeals as defined within the college policies and procedures.

*Northeast Community College Area Board of Governors policies: Codes: 2074, 2076, and 5051.

Implementation of Alcohol and Drugs Policy

In implementing this policy, the following guidelines will be followed:

  1. All Nebraska laws pertaining to alcohol and drug use will be observed, including, but not limited to, legal drinking age, prohibitions against providing alcohol to minors, and restrictions against operation of a motor vehicle while under the influence of alcohol and/or drugs. Compliance with these laws will be assumed in what follows.
  2. The laws of the State of Nebraska pertaining to the unlawful possession, use or distribution of illegal drugs and controlled substances shall be followed specifically. Violations will be referred to Campus Security and/or local law enforcement. If a person’s behavior violates a College regulation and the civil law simultaneously, the College may take disciplinary action independent of that taken by local authorities.
  3. No alcohol cans, bottles or paraphernalia are allowed in the residence halls or campus apartments for any purpose.
  4. No advertising for beer or other alcohol will be accepted in any campus publication or for display on campus. This includes posters in the public areas of the residence halls.
  5. Neither the college nor any group of Northeast Community College, whether officially or unofficially, will be permitted to use any organizational funds held by the institution for the purchase of any kind of alcoholic beverage.
  6. Northeast Community College groups/clubs may not provide alcoholic beverages at any off-campus functions. No alcoholic beverages of any kind will be permitted at any on-campus function involving students, faculty, administrators, board members, alumni or other persons on Northeast Community College.  All members of the Northeast Community College community are responsible for abiding by this policy and for the enforcement thereof.
  7. Individuals and their guests will be held responsible for their behavior and any destruction that occurs while under the influence of beer, wine, distilled spirits or other drugs. The College will not tolerate the endangerment or injury to any person, including the self, while under the influence of any alcohol or drugs.
  8. Guests of students are bound by the same rules regarding alcoholic beverages and illegal drugs as are students. Violators will be asked to leave the campus and/or referred to local authorities.
  9. It is a violation of the law, as well as Northeast Community College’s Alcohol and Drugs policy, to be under the influence of, to possess, to distribute, to use or to sell illegal drugs or any other controlled substance or agent having the potential for abuse, except pursuant to a physician’s or dentist’s prescription, or to possess paraphernalia for drug use on College-owned or controlled property.
  10. Violations may be referred directly to local authorities and/or action may be taken by the Dean of Students Office. The College will impose sanctions on students for violations of the Alcohol and Drugs Policy (consistent with local, state and federal law). Sanctions may include administrative termination of the residence hall contract as well as other sanctions available through the judiciary process. These sanctions may include disciplinary warning, disciplinary probation, fines, restitution, and revocation of privileges or restriction of activities, disciplinary suspension and disciplinary expulsion. The local authorities may impose legal sanctions that may include incarceration and/or fines for those found guilty of violating the local, state, and federal law.

Federal Penalties and Sanctions for Illegal Possession of Controlled Substances:

Federal Trafficking Penalties


DRUG/SCHEDULE

QUANTITY

PENALTIES

QUANTITY

PENALTIES

Cocaine (Schedule II)

500 - 4999 gms 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 $2 million if an individual, $5 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 $4 million if an individual, $10 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 $4 million if an individual, $10 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.
2 or More Prior Offenses: Life imprisonment

Cocaine Base (Schedule II)

5-49 gms mixture

50 gms or more mixture

Fentanyl (Schedule II)

40 - 399 gms mixture

400 gms or more mixture

Fentanyl Analogue (Schedule I)

10 - 99 gms mixture

100 gms or more mixture

Heroin (Schedule I)

100 - 999 gms mixture

1 kg or more mixture

LSD (Schedule I)

1 - 9 gms mixture

10 gms or more mixture

Methamphetamine (Schedule II)

5 - 49 gms pure or 50 - 499 gms mixture

50 gms or more pure or 500 gms or more mixture

PCP (Schedule II)

10 - 99 gms pure or 100 - 999 gms 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 that 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 injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

Flunitrazepam
(Schedule IV)

1 gm or more

Other Schedule III drugs

Any amount
 

First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual

Flunitrazepam (Schedule IV)

30 to 999 mgs

All other Schedule IV drugs

Any amount

First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV)

Less than 30 mgs

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 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties - Marijuana


DRUG

QUANTITY

1st OFFENSE

2nd OFFENSE

Marijuana

1,000 kg or more mixture; or 1,000 or more plants

  • Not less than 10 years, not more than life
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $4 million if an individual, $10 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $8 million if an individual, $20 million if other than an individual

Marijuana

100 kg to 999 kg mixture; or 100 to 999 plants

  • Not less than 5 years, not more than 40 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $2 million if an individual, $5 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $4 million if an individual, $10 million if other than an individual

Marijuana

more than 10 kgs hashish; 50 to 99 kg mixture
more than 1 kg of hashish oil; 50 to 99 plants

  • Not more than 20 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine $1 million if an individual, $5 million if other than an individual
  • Not more than 30 years
  • If death or serious injury, mandatory life
  • Fine $2 million if an individual, $10 million if other than individual

Marijuana

1 to 49 plants; less than 50 kg mixture

  • Not more than 5 years
  • Fine not more than $250,000, $1 million other than individual

 

  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual

 

Hashish

10 kg or less

Hashish Oil

1 kg or less

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

The charts were taken from United States Department of Justice, Drug Enforcement Administration, Drugs of Abuse. These charts summarize trafficking penalties under Federal law for various types of drugs.

State Penalties and Sanctions for Illegal Possession of Controlled Substances

The framework for the regulation of most drugs, also called controlled substances, is set out in the Uniform Controlled Substances Act. In addition, there are other Nebraska State laws which establish penalties for various drug related offenses which are summarized below.

Crimes Involving Minors:

Any person 18 years of age or older who distributes, delivers or sells controlled substances to a person under the age of 18 years shall be punished by the next higher penalty classification for a first offense or second offense involving drugs such as heroin, speed, cocaine, LSD, or pentazocine. The law also provides for an enhanced penalty for anyone 18 years of age or older to employ, use, persuade, or coerce any person under the age of 18 years to manufacture, transport, distribute, carry, deliver, dispense, or possess with intent to do the same of a controlled substance or a counterfeit controlled substance. Neb. Rev. Stat. § 28-416(4) and (5) (Supp. 1999).

Tax Provisions:

Anyone who possesses or sells the following amounts of controlled substances must pay the appropriate taxes to the Nebraska Department of Revenue and have the stamps attached to the controlled substances:

  • Marijuana is taxed at $100 for each ounce or portion of an ounce.
  • Any controlled substance which is sold by weight or volume (i.e., cocaine, crack, methamphetamine, etc.) is taxed at $150 for each gram or portion of a gram.
  • Any controlled substance which is not sold by weight (i.e., LSD, quaaludes, methamphetamine in tablets, PCP, etc.) is taxed at $500 for each 50 dosage units or portion thereof.
  • Failure to have the proper tax stamps attached to the controlled substance carries a criminal penalty of up to five years imprisonment or a $10,000 fine or both. A penalty equal to 100% of the unpaid tax will also be assessed and both the tax and the penalty may become a lien upon the property owned by the person against whom the tax is assessed. Neb. Rev. Stat. §§ 77-4301 to 77-4316 (Reissue 1996).

Property Forfeiture:

Property used to manufacture, sell or deliver controlled substances can be seized and forfeited to the state. Property subject to forfeiture may include cash, cars, boats, and airplanes. Neb. Rev. Stat. § 28-431 (Cum. Supp. 1998).

Being Under the Influence of Any Controlled Substance for Unauthorized Purpose:

It is a violation of Nebraska law to be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings. Neb. Rev. Stat. § 28-417(1) (g) (Reissue 1995).

Drug Paraphernalia Offenses:

It is a violation of Nebraska law to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Neb. Rev. Stat. § 28-441(1) (Reissue 1995). "Drug paraphernalia" is defined to include such things as hypodermic syringes, needles, pipes and bongs and other items used, intended for use or designed for use with controlled substances. Neb. Rev. Stat. § 28-439 (Reissue 1995). It is unlawful to deliver or manufacture drug paraphernalia. Neb. Rev. Stat. § 28-442 (Reissue 1995). It is a violation of Nebraska law for a person 18 years of age or older to deliver drug paraphernalia to a person under the age of 18 who is at least 3 years his or her junior. Neb. Rev. Stat. § 28-443 (Reissue 1995).
A violation of Neb. Rev. Stat. § 28-441 is punishable by a fine of not more than $100 for first offense, not less than $100 and not more than $300 for second offense, and not less than $200 and not more than $500 on third or subsequent conviction. Neb. Rev. Stat. §§ 28-441 and 29-436 (Reissue 1995). The penalty for violation of Neb. Rev. Stat. § 28-442 is not more than six months imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 28-442 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998). The penalty for violation of Neb. Rev. Stat. § 28-443 is imprisonment for not more than one year, or $1,000 fine, or both. Neb. Rev. Stat. § 28-443 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998).

Imitation Controlled Substances:

It is a violation of Nebraska law to knowingly, intentionally manufacture, distribute, deliver or possess with intent to distribute or deliver an imitation controlled substance. "Imitation controlled substance" is a substance which is not a controlled substance but which is represented to be an illicit controlled substance. Neb. Rev. Stat. § 28-445 (Reissue 1995). First offense violations of this law are punishable by three months imprisonment, or $500 fine, or both. A second offense violation of this statute is punishable by not more than six months imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 28-445 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998).

Controlled Substance Analogue:

For purposes of Nebraska's Uniform Controlled Substance Act, analogue controlled substances (often called "designer drugs") are treated as controlled substances. Such an analogue is defined as (a) substantially similar in chemical structure to the chemical structure of a controlled substance or (b) having a stimulant, depressant, analgesic or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the effect of a controlled substance. Neb. Rev. Stat. § 28-401 (36) (Supp. 1999).

Selected Nebraska Alcohol Offenses

Minor In Possession:

It is against the law for a person under the age of 21 years to possess alcohol. Neb. Rev. Stat. § 53-180.02 (Reissue 1998). Violation of this law is punishable by three months imprisonment, or $500 fine, or both. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998) and § 28-106 (1) (Cum. Supp. 1998). As part of sentencing a judge may order an offender to become part of a public work detail under the supervision of the County Sheriff for not more than 10 days in lieu of the above penalties. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998).

Procuring Alcohol:

It is a violation of Nebraska law to sell, give away, dispose of, exchange, or deliver, or permit the sale, gift or procuring of any alcoholic liquors to or for any minor or to any person who is mentally incompetent. Neb. Rev. Stat. § 53-180 (Reissue 1998). Violation of this law is punishable by not more than 1 year imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998) and § 28-106 (1) (Cum. Supp. 1998).

Consumption on Public Property:

It is a violation of Nebraska law for any person to consume alcoholic liquors in the public streets, alleys, parking areas, roads or highways, or inside vehicles while upon the public streets, alleys, parking areas, roads, or highways; or upon property owned by the state or any governmental subdivision thereof, unless authorized by the governing bodies having jurisdiction over such properties. Neb. Rev. Stat. § 53-186 (Supp. 1999). A violation of this statute is punishable on the first offense by a fine of up to a maximum of $100; a second offense within two years is punishable by a fine not less than $100 and not more than $300; a third offense within two years is punishable by a fine of not less than $200 and not more than $500. Neb. Rev. Stat. § 53-136 (Reissue 1998) and § 29-436 (Reissue 1995).

Driving While Intoxicated:

Driving while under the influence of intoxicating liquors or drugs is a violation of Nebraska law. Neb. Rev. Stat. § 60-6,196 (Supp. 1999). Violation of this law is punishable on first offense by not more than 60 days, not less than 7 days imprisonment and not more than $500 fine but not less than $400 fine. Neb. Rev. Stat. § 28-106 (1) (Cum. Supp. 1998). In addition, an offender's driver’s license is revoked for six months and the offender is ordered not to drive any motor vehicle for any purpose for a like period. Neb. Rev. Stat. § 60-6,196 (2) (a) (Supp. 1999). Suspended sentence of probation includes mandatory requirement that probation or suspension be conditioned on order that offender will not drive any motor vehicle for any purpose for sixty days. Neb. Rev. Stat. § 60-6,196 (2) (a) (Supp. 1999).

Penalties for second offense result in a mandatory thirty days imprisonment and $500 fine. Neb. Rev. Stat. § 28-106 (1) (Cum. Supp. 1998). As part of the judgment of conviction the offender is ordered not to drive any motor vehicle for any purpose for a period of one year and the offender's operator's license is revoked for a like period. Neb. Rev. Stat. § 60-6,196 (2) (b) (Supp. 1999). If an offender is placed on probation or the sentence is suspended, one of the mandatory conditions of probation or sentence suspension is that the offender must be ordered not to drive any motor vehicle in the state for any purpose for a period of six months, and the probation order shall include as one of its conditions confinement in the city or county jail for forty-eight hours or the imposition of not less than two hundred forty hours of community service. Neb. Rev. Stat. § 60-6,196 (2) (b) (Supp. 1999).

Third or subsequent convictions result in not more than five years imprisonment or ten thousand dollars fine, or both. Neb. Rev. Stat. § 28-105 (Cum. Supp. 1998). Offenders in this class may not drive any motor vehicle in the state for any purpose for a period of fifteen years and their operator's license is revoked for like period. Neb. Rev. Stat. § 60-6,196 (2) (d) (Supp. 1999). Probation or suspension of sentence for this offense must be conditioned so that the offender is ordered not to drive any motor vehicle in the state for any purpose for a period of one year and probation must be conditioned on an offender's confinement in the city or county jail for ten days or the imposition of not less than four hundred eighty hours of community service. Neb. Rev. Stat. § 60-6,196 (2) (d) (Supp. 1999).

Local laws may also make it a crime to operate a motor vehicle under the influence of alcohol or to commit certain acts involving the consumption or possession of alcohol, e.g. "open container" laws.