Policies

Policy on Alcohol and Other Drugs

Hendrix College, Student Affairs
Policy # 11150
Effective: Thursday, November 8, 2018
Purpose

The information presented in this policy is intended to meet the provisions of the Student Right to Know and Campus Security Act (1990), the Drug-Free Schools and Communities Act (1989), and the Higher Education Amendments (1992). Through its programs and procedures, the Hendrix Alcohol and Other Drug Policy seeks to accomplish the following objectives:

  • To promote a campus climate that encourages individuals to cultivate and exhibit mature, responsible, and lawful conduct relative to the possession and use of alcohol;
  • To encourage compliance with the laws of Faulkner County and the State of  Arkansas regarding the possession, use, and sale of alcohol and other drugs;
  • To influence the social climate and expectations of the campus in ways that promote a positive, safe, and balanced social environment;
  • To provide educational programming that informs students of the potential dangers of alcohol and other drug abuse and promotes responsibility and moderation relative to alcohol use; and
  • To implement appropriate conduct mechanisms and sanctions for individuals who violate the standards set forth by the Policy.
Additional Authority
Scope
Responsible Party

1. Statement

The educational mission and the high standards of Hendrix require that the campus be free of all illegal drugs. Further, the College prohibits unlawful possession, use of, or distribution of drugs, including alcohol, by students and employees on Hendrix property or at any College- sponsored activity. See further information in the College Policies section of this handbook.

Where it may be effective, the College prefers a policy of developmental discipline and rehabilitative education, as opposed to mandatory punishment. The developmental nature of the College community raises the expectation that assistance will be offered to any member who is suffering from the abuse of any substance. This help may be in the form of educational programs, on-campus counseling, or off-campus counseling referrals. The College will terminate its relationship with students or employees who persist in their use of illegal drugs or in their unlawful possession of any substance, including alcohol. Violators of federal, state, and local laws related to illegal alcohol and drug use will be referred to the proper authorities for prosecution.

Hendrix College does not encourage the use of alcoholic beverages. The display or consumption of alcohol is prohibited in all areas except student rooms, apartments in Hendrix College-contracted housing, and in other campus locations where events are approved, on a case-by-case basis, by the Department of Student Affairs. Student events are alcohol free unless otherwise designated.

Students of the College and their on-and off-campus guests who choose to possess and/or consume alcoholic beverages are expected to abide by the laws regarding alcohol in Faulkner County and the State of Arkansas. In matters relating to alcohol, Hendrix students will be held accountable for their own actions and for those of their guests. Irresponsible behavior resulting from the consumption of alcohol is not tolerated. Being under the influence of alcohol may affect sanctions for violating any College policy. Students not in compliance with the Hendrix College alcohol policy will be required to dispose of all alcoholic beverages in their possession or the alcohol will be confiscated and disposed of by a professional staff member or a Public Safety officer.

2. Amnesty Policy

The Hendrix College community discourages abuse or overconsumption of alcohol and the use of other illegal drugs. Abuse of these substances can create health emergencies for consumers. Sometimes, friends or bystanders are hesitant to report the health concern to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that health emergencies always be reported promptly to college officials.

To encourage reporting, Hendrix College pursues a policy of offering those who report health emergencies immunity from minor policy violations related to the incident.

3. Alcohol Policy Violations

Alcohol violations include, but not be limited to, the following:

  • possession of alcohol in traditional residence halls (Martin, Hardin, Couch, Galloway, Veasey, Raney Halls, and Market Square South)
  • public consumption
  • public intoxication
  • possession by a minor
  • serving to minors
  • over possession as defined by Hendrix College. Per person, this includes but is not limited to: quantities over one case (30 - 12 oz. containers) of beer/malted beverage OR two (1 L) bottles of wine OR one (1L) bottle of spirits/hard liquor, OR a reasonable combination of these types, kegs (whether full or empty,) and other common serving containers, etc.
  • serving to individuals already intoxicated
  • driving under the influence and driving while intoxicated either on or off campus
  • intoxication leading to harm to self or others
  • intoxication leading to property damage, disruption to the community, or other violations of Hendrix College Policy
  • manufacturing alcohol (without prior written permission for academic purposes)

In the absence of clear mitigating circumstances (resident away for the evening, etc.), all residents of the Hendrix room or apartment in which a major Alcohol Policy violation occurs will be charged with the violation.

4. Controlled substance Policy Violation

The use, possession, or distribution of narcotics or of illegal non-prescribed drugs such as marijuana, LSD, cocaine, etc., and of related drug paraphernalia is strictly prohibited on the campus and in College residences. The unauthorized use, possession, or sale of drugs sometimes prescribed for medicinal purposes (i.e., amphetamines, barbiturates, and tranquilizers) will not be tolerated at any time. In matters relating to the Controlled Substances Policy, students of the College will be responsible for their own actions and for the actions of their on-campus and off-campus guests.

5. Sanctions for Alcohol and Controlled Substance Policy Violations

It is the intention of the College to create a policy that is effective in addressing drug and alcohol violations. The policy also should to be consistent and clear to students. For the policy to be most effective, it should include elements that help to deter future violations but also support the educational goals of our institution. Additionally, the policy should allow students to come forward to assist friends in need without penalty.

Points Based Sanction System for Controlled Substance and Alcohol Violations

The Points Based Sanction System (PBSS) establishes a 10 point system for alcohol and controlled substance sanctions. Points are assigned to each type of violation and are set in a standardized format. This change does not alter the process for student rights. Students still have a right to be charged in writing for policy violations and they have right to a hearing to address such charges. The points are applied only when a student accepts responsibility, or is found responsible, for their actions.

In addition to holding students accountable for their actions, the system is also set to reward positive behavior and offers students three potential ways to reduce their point totals through action.

The system also offers points amnesty from controlled substance or alcohol-related violations to students who step forward to get medical assistance for themselves or others. While students who have consumed alcohol or controlled substances receive 0 points because they sought help for themselves, or others sought help for them, they still receive a conduct charge.

There are additional sanctions for students who continue to accumulate points. Students who have repeat violations in the same semester receive an extra point for subsequent violations.

Students who are at 6 points or more are placed on conduct probation and are not permitted to apply for, or to study abroad or live off-campus.

Any student who reaches 10 points will be required to take a medical leave of absence to address their Alcohol/Drug issues.

Point Distribution based on Violation
PointsDescription of violationFine*
0

Medical Amnesty- Student who has consumed alcohol or drugs in violation of our policies but seeks help for self or another in need of emergency care

1

Consumption/possession of drugs or alcohol by underage guest of student

1Possession of open container of alcohol for student 21+

$25.00

2Public intoxication for students 21+

$50.00

2Possession of alcohol in traditional residence halls for students 21+$50.00
2

Underage consumption or possession of alcohol 
(2 points and $75 fine if in a traditional residence hall)

$50.00

3

Underage consumption or possession of hard alcohol
(3 points and $100 fine if in a traditional residence hall)

$75.00

3Providing alcohol to an underage student

$100.00

3Use or possession of marijuana or paraphernalia

$100.00

4Providing hard-alcohol to underage student

$125.00

5

Possession of a large common source of alcohol (Keg, punches with alcohol)

$200.00

5Possession of an amount of marijuana that exceeds personal use

$250.00

7

Possession of illegal drugs (including prescription drugs) other than marijuana

$250.00

7Drinking and driving with BAC above .08
* Students may request to complete service hours in lieu of a fine.

** Hard alcohol refers to distilled spirits with an alcohol content greater than 15%.

Additional Points

The following points may be assigned in association with alcohol/drug use as part of the conduct process if the student is found responsible for the charge.  If these violations are not associated with a drug/alcohol violation, they will be assessed through the regular hearing process. Only 1 additional point may be assessed for a single incident.

PointsViolation

Other Actions

1

Failure to cooperate with College official or local law enforcement officer

1Possession or use of false identification
1Repeated sanction within same semester$50 fine
Vandalism of property Restitution 


Actions Taken for Accumulation of Points

Once a student reaches the total points listed below, they will be subject to the following restrictions based on those levels:

Points

4*Parental/*Coach/Office of Academic Success notification
6

Placed on Conduct Probation- not permitted to apply for or to study abroad, live outside of campus housing, or access funding to college programs (Murphy, Odyssey, Miller, etc.)

8

Placed on Social Probation- not permitted to participate in college activities outside of classroom requirements

10Required leave of absence to address alcohol/drug issues

* Coaches may be notified for drug violations before 4 points. Parents may be notified before 4 points in cases with extenuating circumstances.

Point Forgiveness

Students are able to reduce their point total with the following actions. All reductions will be applied at the completion of the semester.

A

For each complete semester where a student is not responsible for a violation of these policies, the student's cumulative points will be reduced by ONE POINT. Any sanctions due that semester would have to be completed before the point reduction is applied.

B

Students have a one-time opportunity to successfully complete an alcohol education course and reduce their points by ONE POINT.

C

Students who successfully engage in counseling by completing an alcohol/drug assessment and recommended treatment plan will have their cumulative points reduced by ONE POINT.

Students are eligible to reduce their points by a maximum of 2 points per semester. Students may only use options B and C one time each during their time at Hendrix Students are not permitted to "bank" points. 0 points is the lowest level of points.

Students who successfully return from a required leave under this policy will receive a forgiveness of 5 points for that action.


6. Relationship between the Conduct Record and the Points Based Sanction System for Controlled Substance and Alcohol Violations

All violations of the Student Conduct Policy, including alcohol and controlled substance violations, are recorded on a student's conduct record. While the number of points accumulated by a student may be reduced through actions of the student, the violation that resulted in those points will remain on the conduct record. Decisions of suspension and expulsion will remain permanently in the student's file.  All records of major violation conduct action or conduct probation (including as a result of having 6 points on the Points Based Sanction System for Controlled Substance and Alcohol Violations), will remain in the student's file and will be kept by the Dean of Students office for three years past graduation date. All student records of minor violation conduct action will be expunged after the student graduates.

7. Alcohol Policy Review

An Alcohol Policy Review Committee will meet at least once a year to assess the effectiveness of the Policy, enforcement, and educational programs associated with alcohol use at Hendrix. The Student Senate, Student Life Committee, and the Vice President for Student Affairs will determine the composition of this committee.

8. Alcohol and the Law

The information that follows is provided to promote an increased awareness among Hendrix students of state and county laws governing alcohol use. It is intended to be neither a restatement of law nor a summary of all the laws relating to alcoholic beverages. For a full listing of Arkansas laws and penalties, please see: www.arkansas.gov.

In Conway and in Arkansas, it is illegal:

  • to knowingly or unknowingly sell, give, procure, or otherwise furnish alcoholic beverages to any person under 21 years of age: 
    Penaltiesfor unknowingly providing :
    1st offense: Fine - $200 to $500
    2nd or subsequent offense: Jail Time - No less than 1 year; Fine - $500 to $1000

    Penalties for knowingly providing:
    1st offense: Misdemeanor; Jail Time - No more than 10 days; Fine - No more than
    $500 2nd or subsequent offense: Felony; Jail Time - 1 to 5 years; Fine - No more than $500

  • for a person under the age of 21 years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer (alcohol inside the body is deemed possession):
    Penalties
    1st offense: Misdemeanor; Fine - $100 to $500; Theme or essay on liquors, wine, or beer; Probation
    2nd or subsequent offense: Same as 1st offense

  • to be publicly intoxicated by either appearing in a public place under the influence of alcohol or a controlled substance to the degree that the person annoys others in the vicinity or is likely to cause injury to self, others, or property, or by consuming an alcoholic beverage in a public place;

  • to sell, give away, or dispose of intoxicating liquor to an intoxicated person.

For those arrested for possessing or purchasing alcohol as a minor the following applies:

  • In addition to the fine, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402. The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402.

  • The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows:

    (i) Suspension for sixty (60) days for a first offense under subsection (a) of this section;
    (ii)
    Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and
    (iii)
    Suspension for one (1) year for a third or subsequent offense under subsection  (a) of this section.

9. Controlled Substances and the Law

It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture and deliver a controlled substance. For a full listing of Arkansas laws and penalties, please see the following:

Drug convictions, and other criminal convictions, may affect your ability to receive federal student aid. The following information is provided by the Federal Student Aid website at https://studentaid.ed.gov/sa/eligibility/criminal-convictions

"Your eligibility might be suspended if the offense occurred while you were receiving federal student aid (grants, loans, or work-study). When you complete the FAFSA form, you will be asked whether you had a drug conviction for an offense that occurred while you were receiving federal student aid. If the answer is yes, you will be provided a worksheet to help you determine whether your conviction affects your eligibility for federal student aid.

If your eligibility for federal student aid has been suspended due to a drug conviction, you can regain eligibility early by successfully completing an approved drug rehabilitation program or by passing two unannounced drug tests administered by an approved drug rehabilitation program. If you regain eligibility during the award year, notify your financial aid office immediately so you can get any aid you're eligible for.

If you are convicted of a drug-related offense after you submit the FAFSA form, you might lose eligibility for federal student aid, and you might be liable for returning any financial aid you received during a period of ineligibility."

Students with questions about criminal convictions and their federal student aid should contact the Hendrix Financial Aid Office at 501-450-1368, or visit https://studentaid.ed.gov/sa/eligibility/criminal-convictions .

10. Health Risks Related to Alcohol

Short-term effects of alcohol use include:

  • distorted vision, hearing, and coordination
  • altered perceptions and emotions
  • impaired judgment
  • bad breath
  • hangovers

Long-term effects of heavy alcohol use include:

  • loss of appetite
  • skin problems
  • sexual impotence
  • malnutrition (food substitution; digestion interference)
  • delirium tremors: disorientation, hallucinations, memory loss
  • brain damage and possible permanent psychosis
  • cancer of the mouth, esophagus, or stomach due to alcohol irritation
  • heart disease, enlarged heart, or congestive heart failure
  • liver damage, including cirrhosis, liver cancer, and alcohol hepatitis
  • irritation of the stomach lining causing ulcers and/or gastritis
  • damage to the adrenal/pituitary glands
  • fatal bleeding from esophagus
  • birth defects or injury to the fetus during pregnancy
  • respiratory depression
  • increased aggressiveness, possible abuse of others
  • Impairment of coordination and judgment

11. Health Risks Related to Controlled Substance Abuse

The general health risks associated with the use of illegal drugs can be divided into two categories: drug use that can destroy a healthy mind and body by outright organic damage, mental illness, malnutrition, and failure to get treatment of injuries or diseases; and drug use that generally reduces the body's natural immune system and increases the chances for infectious diseases such as hepatitis and AIDS. Drug overdose may cause psychosis, convulsions, coma, or death.

Specific health problems associated with the following drugs:

  • Amphetamines: heart problems, malnutrition, possible death, psychological and physical dependence, hallucinations;
  • Cocaine: convulsions, coma, death, destruction of nasal membranes, physical dependence, depression, hallucinations, confusion, lesions on the lungs;
  • Depressants (Barbiturates, Tranquilizers, Methaqualone): confusion and loss of coordination, physical and psychological intolerance, coma or death, problems when taken with alcohol;
  • Marijuana and Hashish: confusion and loss of coordination, psychological dependence, lung damage;
  • Hallucinogens (LSD, PCP DMT STP, MDA, Designer Drugs): hallucinations and panic, birth defects, convulsions, coma, death; and
  • Narcotics (Heroine, Morphine, Codeine, Opium): lethargy and loss of judgment, physical and psychological dependence, convulsions, coma, death, malnutrition, infection, hepatitis.

12. Alcohol Education Programs

Residence Hall Council Programming

As part of their application process, students applying for candidacy in Residence Hall Council elections are required to attend an informational meeting dealing with the alcohol and other drug education programming requirements for which they will be responsible as members of their Residence Hall Council. Student Affairs staff and current Residence Hall Council members from each hall will conduct this meeting. Within two weeks of their election in the spring, the President and one other selected member from each newly elected Residence Hall Council will meet as a group with the Dean of Students or his or her designee(s) to plan the Hall Council alcohol education and other drug programs to be presented to hall residents in the upcoming fall semester. During the spring semester, these Hall Council members will complete an alcohol and other drug education-training program provided by Student Affairs staff members.

In the fall semester, within two weeks of their arrival on campus, members of each Hall Council will be responsible for conducting alcohol and other drug education and awareness programs for new students in their residence hall. The first program is to be completed prior to the first weekend after the first day of classes; the second program is to be presented within the following week. A third session will be conducted for new students near the end of the fall semester. Hall Councils will be encouraged to work in collaboration with each other and the residence hall staff in planning these three programs for new students. The programs will focus on issues pertaining to alcohol and other drug use and its consequences, specifically addressing negative effects on grades, health risks, the law, and personal liability issues. It is expected that upper- class students, as peers having faced similar challenges as new students, will be effective in communicating information about alcohol use to new students.

Upper-class students will be educated about the Alcohol and Other Drugs Policy, laws regarding alcohol and other drug policy enforcement, and resources for assistance at the first residence hall meeting to be scheduled within the first three weeks of the fall semester. Hall Councils will inform upper-class students about the purpose of the educational programs for new students. Upper-class students will be encouraged to cooperate in this program by supporting these efforts.

Other Education and Awareness Programs Other alcohol and drug education and awareness programs sponsored by residence halls, student organizations, and Student Affairs offices will be conducted during New Student Orientation and during each semester for students living in residence halls. Specific training programs regarding alcohol and other drug and substance abuse will be incorporated into workshops for Orientation Leaders and Resident Assistants. Substance-free programs and activities developed by students and staff will be implemented throughout the academic year.

Assistance for Students Hendrix College is committed to providing students with factual information about alcohol and other drugs, as well as confidential referrals to qualified counseling and treatment professionals in Central Arkansas. Students who have a history of alcohol or other drug abuse or problems with drinking or who are concerned about their consumption of alcohol and/or other drugs, should contact a professional staff member in the Office of Student Affairs for further information and assistance.

Revisions

Date Change
11/8/2018