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 referenced in the following Board policies:
- BP5227 - Alcoholic Beverages and Controlled Substances (Students)
- BP3233 - Alcoholic Beverages and Controlled Substances (Employees)
- BP3237 - Alcoholic Beverages and Controlled Substance Testing for Commercial Drivers License
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:
- 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 Director of Student Conduct 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:
- a hearing before the Grievance Committee (employees), or before the Director of Student Conduct (students)
- access to appeals as defined within the college policies and procedures.
Implementation of Alcohol and Drugs Policy
In implementing this policy, the following guidelines will be followed:
- 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.
- 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.
- No alcohol cans, bottles or paraphernalia are allowed in the residence halls or campus apartments for any purpose.
- 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.
- 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.
- 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.
- 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 their self, while under the influence of any alcohol or drugs.
- 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.
- It is a violation of the law, as well as Northeast Community College’s Alcohol and Drug 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.
- Violations may be referred directly to local authorities and/or action may be taken by the Director of Student Conduct. The College will impose sanctions on students for violations of the Alcohol and Drug 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 a Controlled Substance
You can find the penalties on the Federal Student Aid website.
State Penalties and Sanctions for Illegal Possession of a Controlled Substance
Nebraska Revised Statute 28-416 lists state penalties.
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).
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.