Sanction Levels for Drug and Alcohol Violations
Description of Application of Legal Sanctions
Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes manufacture, sale and possession with intent to sell), and whether or not multiple convictions are involved.
Under Kentucky law (KRS 218A.141), the most severe penalty for a drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000.00 and/or a sentence of up to ten years in the penitentiary; for subsequent offenses, the penalties may be doubled.
Under federal law (DEA, Title 21, Section 844), for simple possession of a controlled substance, one may be imprisoned for up to one year and/or fined up to $1,000.00. For subsequent offenses, one may be imprisoned for up to three years and/or fined up to $5,000.00. Under federal law, one may be fined up to $8,000,000.00 and/or may be sentenced from not less than 10 years up to life in prison for trafficking in drugs. For violations of other federal drug laws, one may receive life in prison or the death penalty.
Under both state and federal laws, one may suffer the loss of whatever property (house,
farm) or possessions (vehicle) which one may have used in the drug trade. Specific
penalties under federal laws for trafficking in various controlled substances are
outlined in Appendix A to this policy.
Sanctions for violation of state alcohol laws vary from a fine of $10.00 to $2,000.00, a sentence of forty-eight hours to 12 months in jail, and/or suspension of one s operator s license.
Drug and Alcohol Disciplinary Policies and Procedures
KCTCS classifies the manufacturing, possessing, using, selling, or distributing any type of controlled substances or illegal drugs as a non-academic disciplinary offense.
Penalties and Sanctions for a Non-Academic Disciplinary Offense:
The college has the authority to penalize or impose sanctions on students who violate college regulations. In determining possible sanctions, the college shall consider such matters as the nature of the particular offense, the welfare of the student and the college community, and the prior disciplinary record of the student. Usual sanctions are listed and explained in this section. In addition to these sanctions, other sanctions, as appropriate for a particular case, may be imposed. Each level of hearing body may use creative sanctions that are designed to be educational in nature.
- Reprimand: Official written or oral statement to the student that he or she is guilty of violating a college regulation. A reprimand warns that any further such actions may result in a more severe sanction.
- Restitution: Compensation to the college for damages to college property.
- Social Probation: Status given to less serious policy violations, and in some cases, a restriction of privileges for a specified time.
- College/Community Service: Service to the college or community of up to 16 hours be served within a specified time frame.
- Educational Sanction: An educational sanction requiring attendance or participation in a pre-arranged class, program, or activity designed to prevent or deal with high-risk behavior.
- Counseling: Student may be referred to counseling evaluation on appointment by Counseling Services.
- Eviction: Forced removal from a classroom or other college property.
- College Probation: Status that carries a severe warning that any further violation of college regulations that may result in the student going before the College Appeals Board for consideration of suspension or expulsion. This may include restrictions of privileges for a specified period of time.
- Suspension: Forced withdrawal from the college for a specified period of time or until stated conditions have been met as determined by the College Appeals Board. College will place the Student Dean Hold service indicator for no future enrollments at the Home College or other KCTCS college during the specified period of time or until stated conditions had been met.
Immediate Suspension: A student may be suspended immediately when:
- In the judgment of the chief executive officer (upon consultation with the chief student affair s officer), the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and possible resolution.
- The student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders from the chief executive officer (upon consultation with the chief student affair s officer).
- When such suspension is involved, the student must leave the campus immediately. Students refusing to do so will be removed by law enforcement authorities and charged with trespassing. When a student is placed on immediate suspension, a disciplinary hearing will be held at the earliest reasonable time (see Section 3.6.).
- Expulsion: Permanent, forced withdrawal from the college as determined by the College Appeals Board.
All college personnel are responsible for enforcing college rules and regulations. When a violation is observed, it should be reported in writing to the chief student affairs officer. The accused will be notified in writing of the charge and an impeding hearing. The college reserves the right at all times to take such prompt action as may be needed to preserve the peace, integrity, and safety of the educational process and campus environment.