46 |
Phoenix College 2011–2012 CATALOG AND HANDBOOK
The Maricopa Community Colleges are committed to maintaining learning environments that enhance the full benefits of a student's educational experience. The Maricopa Community College District will make every effort to provide students with optimal conditions for learning that are free of the problems associated with the unauthorized use and abuse of alcohol and drugs. Part of the educational mission of Maricopa Community Colleges, in conjunction with this program, is to educate students about positive self-development, the benefits of a healthy lifestyle and the health risks associated with substance abuse.
ii.
After one prior drug conviction: At least fifteen days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both. (21 United States Code §844) After two or more prior drug convictions: At least ninety days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both. (21 United States Code §844)
The purpose of this program is to: i. Ensure that the Maricopa Community Colleges working and learning environment for students and the public is safe, orderly and free of illegal activity. ii. Comply with the Drug-Free School and Communities Act of 1989, and other relevant substance abuse laws. iii. Provide students with access to appropriate treatment and rehabilitation assistance for problems associated with substance use or abuse. B.
MCCCD Common Policies
C.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance First conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
Special sentencing provisions for possession of crack cocaine (21 United States Code §844): Mandatory at least five years in prison, not to exceed twenty years and fined up to $250,000, or both, if: 1. First conviction and the amount of crack possessed exceeds five grams. 2. Second conviction and the amount of crack possessed exceeds three grams. 3. Third or subsequent crack conviction and the amount of crack possessed exceeds one gram.
Standards of Conduct In the student handbooks of the Maricopa Community Colleges under codes of conduct, the following are examples of behavior that is prohibited by law and/or college rules and policies: i. Drinking or possession of alcoholic beverages on the college campus. ii. Misuse of narcotics or drugs.
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 one year imprisonment. (See special sentencing provisions re: crack) (21 United States Code §853) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. (21 United States Code §§853 and 881(a) (4))
Sanctions for Violation of Standards of Conduct Disciplinary actions include, but are not limited to: i. Warning, ii. Loss of privileges, iii. Suspension, or iv. Expulsion.
Civil fine of up to $10,000 (pending adoption of final regulations). (21 United States Code §884(a))
D. Legal Consequences of Alcohol and Other Drugs i. Laws Governing Alcohol The State of Arizona sets twenty-one as the "legal drinking age." An underage person who buys, receives, possesses or consumes alcoholic beverages is guilty of a misdemeanor and may be subject to a fine and imprisonment for up to six months.
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 United States Code §862)
Arizona Revised Statutes, Title 28, Chapter 4, Article 3 prohibit driving while under the influence of intoxicating liquor or drugs (DWI). Drivers arrested for a DWI who refuse to be tested face suspension of their licenses or permits to drive for twelve months. A driver whose test results show a blood or breath alcohol concentration of 0.08 or more will, on conviction for a first offense, be sentenced to no less than ten days in jail, pay a fine of not less than $250, pay an additional assessment of $1,000, and may be required to perform community restitution and equip his or her vehicle with a certified ignition interlock device. On conviction of a second offense within 84 months, the person shall have his/her driving privilege revoked for one year. Additionally, this person shall be sentenced to not less than 90 days in jail, pay a fine of not less than $500, pay an assessment of $2,500, and shall be ordered to perform at least 30 hours of community restitution. Additionally, the person may be required to equip his or her vehicle with a certified ignition interlock device for up to twelve months starting on the date that his or her driving privileges are restored.
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.
Ineligible to receive or purchase a firearm. (21 United States Code §922(g))
Note: These are only some of the Federal penalties and sanctions. iii.
State Penalties and Sanctions Title Thirteen, Chapter 34 of the Arizona Revised Statutes lists drug offenses and their penalties. Following is list of drugs that are frequently misused with a description of the potential penalties attached to a conviction. 1. Marijuana: A first offense for possession or use of marijuana in an amount of less than two pounds constitutes a class 6 felony and carries a possible prison term of one year and a fine of not less than $750. The sale of marijuana in an amount of less than two pounds constitutes a class 3 felony and carries a prison sentence of three and one-half years and a fine of not less than $750. There are other possible penalties as well. (A.R.S. §13-3405) 2. LSD and Methamphetamine: Possession, use and sale are felonies carrying sentences from four to five years and fines of not less than