The Federal Drug-Free Schools and Communities Act Amendments of 1989 (Pl 101-226), requires as a condition of receiving Federal funds, a university or college must submit certification that is has adopted and implemented a drug prevention program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees (See 20 USC 1011i & 34 CFR 86 for more info).
Academy Di Capelli (ADC) has developed and adopted the drug and alcohol awareness and prevention program to the requirements set forth in the Drug-Free Schools and Communities Act. Annual distribution is required to all students and employees.
1. Code of Conduct
All students and employees are prohibited from the unlawful possession, manufacture, use, or distribution of illegal drugs and alcohol on ADC’s campuses and parking lots, or as part of any of the school’s activities, including field trips and any other off-campus activities sponsored by ADC. Students and employees are also prohibited from being under the influence of illegal drugs or alcohol while on ADC’s campuses, parking lots, or as part of any school-sponsored activities.
Statement on Medical Marijuana
Academy Di Capelli receives federal funding through Title IV. As a condition of accepting this money, ADC is required to certify that it complies with the Drug-Free Schools and Communities Act. The federal government regulates drugs through the Controlled Substances Act, which does not recognize the difference between medical and recreational use of marijuana. Thus, to comply with the Federal Drug Free School and Communities Act and avoid losing federal funding, ADC prohibits all marijuana use, including medical marijuana, and students and employees may face sanctions for its use. Therefore, marijuana prescribed for medical purposes is prohibited at ADC even though Connecticut’s state law permits its use.
2. Legal Sanctions
Students and employees of Academy Di Capelli are subject to disciplinary sanctions as they pertain to the policies on drug and alcohol use and are subject to criminal penalties under both state and federal law.
All drugs are controlled by federal law, but most drug offenses are prosecuted under state law.
I. Federal Laws
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
1. Penalty for Simple Possession (see 21 U.S.C. 844[A])
• First Conviction: Up to one-year imprisonment and fined at least $1,000 but not more than $100,000 or both.
• After one prior drug conviction: At least 15 days in prison, not to exceed two years, and fined at least $2,500 but not more than $250,000 or both.
• After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000 or both.
• Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000 or both, if:
a. First conviction and the amount of crack cocaine possessed exceeds five grams;
b. Second crack cocaine conviction and the amount of crack cocaine possessed exceeds three grams;
c. Third or subsequent crack cocaine conviction and the amount of crack cocaine possessed exceeds one gram.
2. Criminal Forfeitures (see 21 U.S.C. 853[a] and 881[a])
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 regarding crack.)
3. Forfeitures (see 21 U.S.C. 881[a]) Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.
4. Civil Penalties for Possession of Small Amounts of Certain Controlled Substances (see 21 U.S.C. 844a) Civil fine up to $10,000 (pending adoption of final regulations).
5. Denial of Federal Benefits to Drug Traffickers and Possessors (see 21 U.S.C. 853a) 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.
6. Firearm Forfeiture (see 18 U.S.C. 922[g]) Ineligible to receive or purchase a firearm.
7. 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.
Please visit dea.gov for additional information.
II. State Laws
1. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Dispensing of Controlled Substances
a. Hallucinogenic or narcotic substances other than marijuana. First offense: Prison sentence not to exceed 15 years and/or
fine not to exceed $50,000. Second offense: Prison sentence not to exceed 30 years and/or fine not to exceed $100,000.
Each subsequent offense: Prison sentence not to exceed 30 years and/or fine not to exceed $250,000 (see Connecticut General Statutes 21–277).
b. Other controlled substances excluding marijuana. First offense: Prison sentence not to exceed seven (7) years and/or fine not to exceed $25,000. Each subsequent offense: Prison sentence not to exceed 15 years and/or fine not to exceed $100,000 (see Connecticut General Statutes 21–277).
c. Examples of such substances include, but are not limited to, mescaline, peyote, morphine, LSD, cocaine (including “crack”), opium, amphetamines, and heroin. For a complete definition of controlled, hallucinogenic, and narcotic substances, see Connecticut General Statutes 21a–240.
2. Penalties for Illegal Manufacture, Distribution, Sale, Prescription or Administration by Nondrug-Dependent Person
a. Minimum prison term of not less than five years and maximum term of life imprisonment for the manufacture, distribution, sale, or possession or transportation with the intent to sell of one ounce or more of heroin, methadone, or cocaine (including “crack”), or one-half gram more of cocaine in a freebase form, or five milligrams or more of LSD (see Connecticut General Statutes 21a–278).
b. Minimum prison term of not less than five years for first offense, and for subsequent offenses, minimum prison term of not less than 10 years, for the manufacture, distribution, sale, or transportation or possession with the intent to sell any narcotic, hallucinogenic or amphetamine-type substance, or one kilogram or more of a cannabis-type substance (which includes marijuana) (see Connecticut General Statutes 21a-278).
3. Penalties for Illegal Manufacture, Distribution, Sale, Prescription, or Administration Involving Minors (see Connecticut General Statutes 21a–278a)
a. Mandatory two-year prison term for the distribution, sale, dispensing, offering, or giving of any controlled substance to another person who is under 18 years of age and who is at least two years younger than the person violating the statute.
b. Mandatory three-year prison term for the manufacture, distribution, dispensing, sale, transportation or possession with intent to sell, offering or gift of any controlled substance on or within fifteen hundred feet of the real property comprising a public or private elementary school.
4. Penalties for Possession (see Connecticut General Statutes 21a–279)
a. Any person who possesses or has under his control any quantity of any narcotic substance, including marijuana, for a first offense may be imprisoned not more than seven years and/or fined not more than $50,000, and for a second offense, may be imprisoned not more than 15 years and/or fined not more than $100,000.
b. Any person who possesses or has under his control any quantity of a hallucinogenic substance other than marijuana or four ounces or more of a cannabis-type substance for a first offense, may be imprisoned not more than five years or be fined not more than two thousand dollars or be both fined and imprisoned, and for a subsequent offense may be imprisoned not more than ten years or be fined not more than five thousand dollars or be both fined and imprisoned.
c. Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control one-half ounce or more but less than four ounces of a cannabis-type substance, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.
d. A variety of sentences are available under this statute depending on the substance possessed, its quantity, and the background of the offender.
1. Sale of Alcohol to Minors and Intoxicated Persons (see Connecticut General Statutes 30–86)
a. Any permittee who sells or delivers alcoholic liquor to any minor, or to any intoxicated person, or to any habitual drunkard shall be fined not more than $1,000 and/or imprisoned not more than one (1) year.
b. Any person who delivers or gives alcoholic liquor to any minor, except on the order of a practicing physician, shall be fined not more than $1,500 and/or imprisoned not more than 18 months.
2. Inducing Minors to Procure Liquor (see Connecticut General Statutes 30–87)
a. Any person who induces any minor to procure alcoholic liquor from any person permitted to sell the same shall be fined not more than $1,000 and/or imprisoned not more than one year.
3. Misrepresentation of Age (see Connecticut General Statutes 30–88a)
a. Any person who misrepresents his age or uses or exhibits for the purpose of procuring alcoholic liquor an operator’s license belonging to any other person shall be fined not less than $200 nor more than $500 and/or imprisoned for not more than 30 days.
4. Procuring Liquor by Persons Forbidden and Public Possession of Liquor by Minors (see Connecticut General Statutes 30-89)
a. Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than $200 nor more than $500.
b. Any minor who possesses any alcoholic liquor on any street or highway or in any public place or place open to the public, including a club that is open to the public, shall be fined not less than $200 nor more than $500.
5. Dram Shop Act (see Connecticut General Statutes 30–102)
a. If any person, by himself or his agent, sells any alcoholic liquor to any intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured, up to the amount of $20,000, or to persons injured in consequence of such intoxication up to an aggregate amount of $50,000.
6. Operating a Motor Vehicle While Under the Influence of Liquor or Drug or While Impaired by Liquor (see Connecticut General Statutes 14–227a)
a. Any person who operates a motor vehicle while under the influence of intoxicating liquor or drug or both or who operates a motor vehicle while his ability to operate is impaired by the consumption of intoxicating liquor shall, for conviction of a first violation, be fined not less than $500 and be imprisoned for not more than six months, and shall have his operator’s license suspended for one year.
b. This statute provides for greater penalties for subsequent offenses.
III. Local Sanctions
Town of Wallingford Ordinances, Chapter 62 – Alcoholic Beverages
Town of East Hartford Ordinances, Chapter 4—Alcoholic Beverages
Any questions concerning the legal sanctions under state law for unlawful use or distribution of illegal drugs or alcohol should be directed to the State’s Attorney’s Office, 80 Washington Street, Hartford, CT 06106, 860-566-3190.
Any questions concerning the legal sanctions under federal law for unlawful use or distribution of illegal drugs or alcohol should be directed to U.S. Attorney’s Office, 450 Main Street, Hartford, CT 06103, 860-947-1101.
3. Health Risks
There are serious health and personal risks associated with the use of illegal drugs and misuse of alcohol. They may include temporary or permanent physical or mental impairment, injury, or death. Use and misuse of such substances may also give rise to conduct which causes injury, death, or damage to the user or to another person. Damage to property of the user or others can result in criminal or civil prosecution and liability. Consequences of using illegal drugs and alcohol may also include temporary or permanent loss of educational or employment opportunities.
Drugs and the Human Body:
· Initial euphoria followed by drowsiness and nausea
· Constricted pupils, watery eyes, dazed look
· Overdose may produce slow, shallow breathing, clammy skin, loss of appetite and weight, and possible death
Depressants (Barbiturates, Tranquilizers):
· Relaxed muscles, calmness, drowsiness
· Confusion, disorientation, slurred speech
· Overdose may produce shallow breathing, clammy skin, weak and rapid pulse, coma, and possible death
Stimulants (Cocaine, Methamphetamine):
· Increased heart and respiratory rate, elevated blood pressure, decreased appetite
· Blurred vision, dizziness, insomnia, anxiety
· High doses can cause physical collapse, irregular heartbeat, stroke, and possible death
Hallucinogens (LSD, PCP, Mushrooms):
· Illusions and hallucinations
· Confusion, panic, anxiety, depression, and poor perception of time and distance
· Respiratory failure, death due to careless behavior
Cannabis (Marijuana, Hashish):
· Increased heart rate, bloodshot eyes, dry mouth and throat, and increased appetite
· Interferes with memory, speech, coordination, and perception of time
· Increases risk of lung cancer, weakened immune system, and affects reproductive system
Alcohol and the Human Body
· Impairment of cognitive function, judgment, alertness, coordination, and reflexes
· Attitude and/or behavioral changes, such as uncharacteristic hostility or increased risk taking, such as driving recklessly
· Alcohol taken alongside another drug can intensify the effects of the drug, alter the desired effect, and may cause nausea, sweating, severe headaches, and convulsions
· Addiction or chemical dependency
· Memory blackouts
· Uncharacteristic family, school, work, or legal problems
· Health problems such as cirrhosis of the liver
· If used during pregnancy, birth defects and mental retardation in users’ unborn children may occur
4. Drug and Alcohol Addiction and Abuse Resources
State and Local Resources and Hotlines:
· Connecticut Region of Narcotics Anonymous: 1(800) 627-3543
· Connecticut State Department of Children and Families, Office of Intimate Partner Violence and Substance Misuse Treatment and Recovery supports DCF’s mission of “healthy, safe, smart, and strong” families by provided a recovery-oriented system of care to all children in Connecticut and DCF involved parents and caregivers experiencing difficulties with substance misuse. (860) 550-6579
· Connecticut Area 11 Alcoholics Anonymous: English language 1 (866) 783-7712 and Spanish language 1 (855) 377-2628
National Hotlines and Helplines:
· 800 Cocaine is an information and referral hotline that refers callers to drug rehabilitation and counseling services in its areas. 800 Cocaine also mails out basic information on cocaine and crack. (1-800-COCAINE)
· The American Council on Alcoholism Helpline provides referrals to alcohol treatment programs nationwide and provides written materials. (1-800-527-5344)
· The National Council on Alcoholism and Drug Dependency Helpline provides written information on alcohol misuse and provides a referral service to treatment and counseling centers across the country. (1-800-NCA-CALL)
· The National Institute on Drug Misuse Hotline is a federally funded service providing referrals to drug and alcohol programs including referrals to programs for those who cannot pay for services. (1-800-662-HELP)
· Alcoholics Anonymous (A.A.) provides information and support to recovering alcoholics through local chapters in communities nationwide. (212-686-3951)
· Narcotics Anonymous (N.A.) provides information and support to recovering drug addicts through local chapters in communities nationwide. (818-780-3951)
· Al-Anon provides information on alcoholism and alcohol misuse and refers callers to local Al-Anon support groups established to help friends and families of alcoholics. (For a brochure, call 1-800-356-9996; for local information, consult your local telephone book.) Nar-Anon provides a similar service for friends and families of drug users. (213-547-5800)
5. Disciplinary Sanctions for Violation of the Code of Conduct
· Students found to have violated the Drug and Alcohol Policy Standards of Conduct are subject to disciplinary sanctions. These include being warned, put on probation, suspended, or dismissed at the discretion of ADC.
· Employees found to have violated the Drug and Alcohol Policy Standards of Conduct are subject to disciplinary sanctions. These include being subject to a disciplinary letter, indefinite suspension from work, or termination of employment.
6. Policy Review
Academy Di Capelli will conduct a biennial review the Drug and Alcohol Policy to assess its effectiveness and ensure that disciplinary sanctions are consistently enforced. Changes in the policy will be implemented as needed following each review.