Annual Security and Fire Safety Report

Alcohol and Illegal Drugs Policies

Alcohol and Other Drug Prevention Biennial Review 2014–2016 [pdf]

Policy overview: Briefly stated, the College respects the laws of Iowa which have established the legal drinking age at 21. Illegal drugs are not permitted on College property. Hawkeye Public Safety officers enforce College policies prohibiting the underage drinking and drug laws. The College cooperates with all law enforcement agencies in the enforcement of laws pertaining to the use, sale and possession of alcohol and illegal drugs.


Hawkeye Community College prohibits the unlawful or unauthorized manufacture, distribution, dispensation, possession, use, or sale of alcoholic beverages, controlled substances, and illegal drugs on campus. The impairment by alcohol or drugs of any student or employee while participating in an academic function, or of employees when reporting for work or engaging in work—during normal work hours or other times when required to be at work—is also prohibited. Hawkeye employees and students are required to abide by all federal and state laws, local ordinances, Iowa Department of Education policies, and other related requirements regarding the consumption or possession of alcoholic beverages, controlled substances, and illegal drugs. Additionally, Hawkeye is concerned about the academic success of students and the safety of all members of the campus community and is committed to maintaining an academic and social environment conducive to the intellectual and personal development of students.

Alcohol-Free & Drug-Free Workplace Statement

Hawkeye Community College is committed to providing a drug free environment for all students and employees. This policy addresses alcohol, drugs, and other intoxicants. The purpose of this policy is to clarify the rules regarding possession, consumption and distribution of intoxicants within college owned or operated buildings, property and grounds including administrative, instructional and research facilities; the policy applies to all college employees and students. In all instances this policy will be construed to comply with federal and state law.

Applicability

Hawkeye’s Alcohol and Drug policy is intended to apply whenever anyone is representing or conducting business for the college.

Prohibited Behavior

It is a violation of Hawkeye’s Alcohol and Drug policy to unlawfully manufacture, use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs, controlled substances, or intoxicants. A controlled substance shall include any substance defined as a controlled substance in Section 102 of the Federal Controlled Substance Act (21 U.S. Code 802). Moreover, it is a violation of policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken.

Communication

Communicating Hawkeye’s Alcohol and Drug policy to all individuals is critical to its success. To ensure all Hawkeye Community College employees are aware of their role in supporting Hawkeye’s alcohol- and drug-free workplace, all employees will receive a summary of the Alcohol and Drug policy and a web link to access the complete policy document during the annual notification of policies. Students will receive an email annually from the Dean of Students about the college’s Alcohol and Drug Policy.

Hawkeye Community College will make a good faith effort to have and to maintain an alcohol- and drug-free workplace and learning environment.

Health Risks

Hawkeye Community College recognizes that the use of illicit drugs and alcohol abuse may lead to severe health risks.

Health risks associated with alcohol abuse and/or illicit drug use:

  • Violence: Fights, vandalism, sexual assaults, homicide, and suicide are far more likely to occur when drinking is involved.

  • Unprotected sex: Individuals are less likely to use safer sex practices when drinking, which can result in unplanned pregnancy and infection with a sexually transmitted disease.

  • Serious injury: Over 53% of all fatal automobile accidents in the U.S. involve alcohol use.

  • Addiction: Although anyone can become addicted, those with a family history of alcohol or other drug addiction are at least four times more likely to develop alcoholism.

  • Lowered resistance to disease/illness.

  • Increased risk of ulcers, heart disease, and cancers of the liver, mouth, throat, and stomach.

  • Fetal Alcohol Syndrome (FAS)/Fetal Alcohol Effects (FAE): Women who drink during pregnancy may give birth to infants with physical deformities, brain damage, and mental retardation. If a woman is pregnant, trying to become pregnant, or suspects she is pregnant; she should abstain from alcohol and other drug use.

  • Illicit drug use may result in:

    • Physical or psychological dependency;
    • A craving or inability to stop using drugs;
    • Adverse effects on the body systems; injury due to motor vehicle crashes, assaults or other unintended acts;
    • Disruption of personal relationships and work habits;
    • Ineligibility for some types of employment.
  • Health risks associated with Drug and Alcohol use facts you should know if you are considering the consumption of alcoholic beverages:

    • Iowa’s legal drinking age is 21.
    • Iowa’s legal blood alcohol limit is .08.
    • The fine for possession of alcohol under the legal age is $300.

Misuse of alcohol or drugs inhibits your ability to act responsibly or react quickly. Keep these safety tips in mind if you choose to drink.

  • Limit your alcohol intake.
  • Avoid combining alcohol with prescription medicines and club drugs; the combination can be dangerous.
  • Never leave your drink unattended or accept a pre-poured drink from a stranger.
  • Buzzed or drunk driving is deadly and illegal; leave your vehicle parked and find other transportation. Your life and others’ lives depend upon your decision.

Alcohol-Free Opportunities

Students are encouraged to take advantage of alcohol-free programming provided by Hawkeye Community College Student Life and other activities on- and off-campus.

Student Housing

The possession or consumption of alcoholic beverages in on-campus housing is strictly forbidden. Hawkeye Community College reserves the right for immediate expulsion from housing on the farm for any violation of its stated policies.

Domestic and International Field Trips / Study Abroad / Overseas Programs

Students participating in domestic field trips or academic programs, or visiting foreign countries to attend field trips or academic programs abroad are reminded that they may be subject to arrest and legal sanctions for alcohol or drug offenses under the laws and regulations of that particular state, country, or institution in addition to the sanctions described in the Student Conduct Code and those adopted by the International Student Services Office.

No Use of College Finances

No College controlled finances will be utilized for the purchase or sale of alcoholic beverages or any controlled substance on or off College premises except where such items are used as a part of an approved activity or educational program.

Consequences

One of the goals of Hawkeye’s alcohol- and drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If an individual violates the policy, the consequences can be serious even if the employee begins a treatment program. Individuals suspected of violating either alcohol or drug policy may be referred to authorities for investigation. Conviction of either state or federal alcohol or drug statutes may subject a student or an employee to disciplinary action. Students employed on-campus are considered College employees while working and are subject to sanctions as an employee under this policy.

Notification of Convictions

Employees must report all arrests, charges, or convictions under a criminal drug or alcohol statute for violations occurring on or off College premises. A report of such conviction must be made in writing to the Human Resource Services Office within five (5) days after the conviction.

Disciplinary Actions—Students

The College responds to reports of the illegal use of substances through its discipline system. Students in violation of Hawkeye’s Alcohol and Drug policy will face disciplinary actions as noted in the Student Conduct Code. The Student Conduct Code applies to conduct that occurs on college premises and college-sponsored activities, and to off-campus conduct that adversely affects the college community and/or the pursuit of its objectives. Additionally, college disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal law and the Student Conduct Code (that is, if both possible violations result from the same factual situation).

Parental Notification

In accordance with a 1998 amendment to FERPA, Hawkeye Community College school officials have the discretion to notify parents or guardians of students who, at the time of disclosure, are under the age of 21, and have violated any federal, state, or local laws, or violated any rule or policy of the institution governing the use or possession of alcohol or controlled substance. Attempt at parental notification will be made:

  1. After the finding of a second alcohol offense and any subsequent alcohol offense; or after the finding of a first alcohol offense if the violation is more serious, such as but not limited to, driving under the influence of alcohol or in conjunction with another violation, especially one involving violence or property damage;
  2. For any drug offense; or
  3. During a medical emergency involving a student. Exceptions to parental notification may be made based on circumstance as determined by school officials with legitimate educational interest.

Disciplinary Actions—Employees

All employees are expected to dedicate their best efforts to the performance of their work assignments. Any employee who engages in violations of the standards of conduct, misconduct, or insubordination at work or away from work which violates any of the established policies or rules of Hawkeye Community College or engages in misconduct which otherwise violates Hawkeye Community College’s reasonable expectations for employee conduct may be disciplined.

Disciplinary sanctions may include, but are not limited to: warning, reprimand, suspension with or without pay, suspension for part of a day or for a period of one or more days, demotion, or termination of employment. The College reserves the right to impose any disciplinary sanction without prior warning including but not limited to termination. Other disciplinary sanctions may also be imposed.

Legal Sanctions

Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. State penalties range from 5 years to life confinement and a fine of $1,000 to $1,000,000, depending upon the type and quantity of drug involved. Conviction may also result in the loss of state and federal benefits, such as grants, school loans, or work assistance, during the time periods required by federal law. Specific drugs, amounts, and penalties are described in Iowa Code § 124. Maximum federal penalties range from 1 year confinement to life imprisonment and a fine of $250,000 to $4,000,000, depending upon the type and quantity of drug involved. State and federal legal sanctions are subject to change by the General Assembly and Congress, respectively.

Iowa Laws & Penalties

Offense Penalty Incarceration Maximum Fine
Possession Any amount (first offense) Misdemeanor 6 months $1,000
Any amount (second offense) Misdemeanor 1 year $1,875
Any amount (third offense) Misdemeanor 2 years $6,250
Offenders who are chronic abusers of marijuana may be sent to rehab.
Cultivation of Distribution 50 kg or less Felony 5 years $7,500
50 – 100 kg Felony 10 years $50,000
100 – 1000 kg Felony 25 years $100,000
Involving a minor Felony 5*–25 years $100,000
To a minor within 1000 feet of a park, elementary or middle school, or school bus Felony 10 years * $100,000
* Mandatory minimum sentence
Distribution includes possession with intent to distribute.
Hash & Concentrates Penalties for hashish are the same as for marijuana except in one circumstance. Please see the marijuana penalties section for further details.
Paraphernalia Possession, distribution or manufacture of paraphernalia
Miscellaneous Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed Misdemeanor 1 year $1,875
Possession with intent to sell large amounts can lead to an automatic driver’s license suspension.

Penalties Details

Marijuana is a schedule hallucinogenic substance under the Iowa Controlled Substances Act. See: Iowa Code § 124.204(4)(m)

Possession for Personal Use

For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months of imprisonment. Second offenders are subject to a fine of $315–$1,875 and/or up to 1 year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625–$6,250 and/or up to 2 years of imprisonment. See: Iowa Code § 124.401(c)(5) Iowa Code § 903.1 Iowa Code § 124.409

Offenders who are chronic abusers of marijuana may be sent to rehab. If this program is successfully completed the court may place the defendant on probation. See: Iowa Code § 124.409

Possession of marijuana within 1,000 feet of an elementary school, secondary school, public park, or school bus is punishable by the penalty for possession and 100 hours of community service. See: Iowa Code § 124.401B

Cultivation or Distribution

Distribution of marijuana includes possessing marijuana with the intent to distribute it. Delivery or possession with intent to deliver one half ounce or less of plant form marijuana without remuneration is equivalent to simple possession in Iowa, with penalties for a first offense being a misdemeanor with incarceration of no more than 6 months, and a fine of no more than $1,000 dollars. Subsequent convictions for delivery without remuneration will be punished more severely, just as subsequent simple possession convictions would be. See: Iowa Code § 124.410

Distribution or cultivation of 50 kilograms of marijuana or less is a class D felony punishable by a fine of $750- $7,500 and up to 5 years of imprisonment. Distribution or cultivation of 50–100 kilograms of marijuana is a class C felony and is punishable by a fine of $1,000–$50,000 and up to 10 years of imprisonment. Distribution or cultivation of 100–1,000 kilograms of marijuana is a class B felony and is punishable by a fine of $5,000–$100,000 and up to 25 years of imprisonment. See: Iowa Code § 124.401(1)(b)

If a person over the age of 18 solicits a person under the age of 18 to assist in the distribution or cultivation of marijuana this act is punishable as a class C felony by a fine of $1,000–$50,000 and up to 10 years of imprisonment. See: Iowa Code § 124.406(a)

If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000–$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply. If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply. See: Iowa Code § 124.406

Hash & Concentrates

Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. For the purposes of criminal justice, plant Marijuana and all Tetrahydrocannabinol derivatives thereof, including hashish and marijuana concentrates, are defined as Marijuana and punished equally in all but one circumstance. The only circumstance where plant-form Marijuana is treated differently is for a charge of delivery or possession with intent to deliver one half ounce or less without remuneration. In that circumstance, plant form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution. See: Iowa Code § 124.101 Iowa Code § 124.204 Iowa Code § 124.401 Iowa Code § 124.410

Paraphernalia

Possession, distribution, or manufacture of marijuana paraphernalia is a simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality. See: Iowa Code § 124.414

Penalties for Driving Under the Influence of Alcohol or Drugs in Iowa

Offense Fine and/or Jail License Suspension
1st $625–$1,250 2 days–1 year 180 days
2nd $1,875–$6,250 7 days–2 years 2 years
3rd $3,125–$9,375 30 days–5 years 6 years

Iowa Zero Tolerance for Minors Driving Under the Influence of Alcohol or Drugs

Drivers under the age of 21 with a blood alcohol concentration (BAC) of .02 % but less than .08% will be subject to the following penalties:

  • First Offense: Your driver’s license will be suspended for 60 days.
  • Second or Subsequent Offense: Your driver’s license will be suspended for 90 days.

Offenders under the age of 21 will not be eligible to obtain a temporary restricted license for at least 60 days after the date of revocation.

Drivers with a BAC of .08 or more will face a misdemeanor charge. Penalties include:

  • Jail for at least 48 hours
  • A fine of $1,250
  • 180 day driver’s license suspension.

The court may allow you to perform community service in lieu of the fine and it may ask you to complete a substance abuse treatment course.

See: Iowa Code § 321.J.2 Iowa Code § 321J.2A Iowa Code § 321J.12 Iowa Code § 321J.4

Persons Under Legal Age—Possessing or consuming alcohol

  1. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.

  2. A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.

  3. A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:

    1. A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.

    2. A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.

    3. A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.

    The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A, of an equivalent value to the fine imposed under this section.

    If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.

  4. Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.

  5. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.

  6. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony.

See: Iowa Code § 123.47

Alcohol and Drug Prevention Programs/Education and Awareness

Hawkeye Community College has a vested interest in the health and well-being of its students and employees. In order to promote a healthy campus community, Hawkeye Community College provides educational programs for its students and staff on the subjects of drugs, alcohol, and sexual violence. Guest lectures, video presentations, and seminars are held to provide information to our college community about such areas as peer pressure resistance, health concerns, rehabilitation, and awareness.

Hawkeye recognizes substance abuse as a treatable condition and offers programs and services for employees and students. The programs provide services related to substance use and abuse including dissemination of informational materials, educational programs, counseling services, and referrals.

Student Life provides preventative, educational, and informative services to Hawkeye Community College regarding substance use and abuse. Working with other campus departments and organizations, Student Life strives to impact the negative effects of substance abuse on student success.

The Student Health Clinic provides a confidential setting to explore concerns and achieve a better understanding of yourself—your feelings, attitudes, and strengths.

Resources for Assistance—Students

Students who are concerned about their own drug or alcohol use and/or about that of others are encouraged to contact the Student Health Clinic. When appropriate, students may be referred to private counselors. The Student Health Clinic can provide counseling and referrals for substance abuse issues.

Resources for Assistance—Employees

Employees of the college who are concerned about their own drug or alcohol use and/or of their family members, may contact the Employee Assistance Program (EAP) at 800-327-4692, or visit www.efr.org/myeap.

Additional Resources for Assistance for Students and Employees

  • Alcoholics Anonymous, 319/291-3660
  • Al-Anon
  • Pathways, 319/235-6571
  • Covenant Horizons, 319/272-2873 or Crisis Line, 800-273-8255
  • Narcotics Anonymous, 800/897-6242
  • Iowa Substance Abuse Information Center, 866-242-4111
  • Focus on Recovery Helpline (alcohol/drugs), 1-800-374-2800 or 1-800-234-1253
  • Department of Health and Human Services Drug and Alcohol Treatment Referral Routing Service, 1-800-662-4357
  • Veterans: Locate the closest VAMC or VA Regional Office, 1-877-222-8387
  • National Suicide Prevention Lifeline, 1-800-SUICIDE (784-2433)
  • National Alliance for the Mentally Ill, 1-800-950- 6264

Public Safety

Hawkeye Center 216
319-296-4234
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Public Safety Officer

319-296-4234

Metro Center Officer

319-296-4235

Public Safety Manager

Nermin Ferkic
319-296-4459
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Director, Public Safety and Emergency Management

John Beckman
319-296-4307
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Executive Director of Human Resource Services

John Clopton
Hawkeye Center 101
319-296-4405
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