Substance Abuse Policies

Section 120a, Higher Education Act, Drug And Alcohol Abuse Prevention

ALCOHOL AND ILLEGAL DRUG POLICY

The California Maritime Academy complies with the Drug Free Workplace Act of 1990 and the Higher Education Act Section 120a. The California Maritime Academy prohibits the unlawful and unauthorized possession, use, sale, manufacture or distribution of alcohol and illegal drugs by students, faculty, and staff on its property, training vessels, or as part of any Academy-sponsored activities. This prohibition extends to any off-campus activities that are sponsored by Cal Maritime or any of its recognized clubs and organizations.

1. Community Service Specialists enforce laws regulating the possession and use of alcohol, distribution to persons under the age of 21 years of age, and under age drinking. Persons who unlawfully furnish alcoholic beverages to those under the age of 21 may be liable for personal injuries or property damages resulting from misconduct committed by the underage persons.
2. For health and safety reasons, it is in the best interests of an intoxicated student in an impaired condition to be brought immediately to the attention of campus staff or medical personnel.
3. No student will be subject to formal discipline for intoxication on campus if, at the time of disclosure to Academy staff, the student was seeking medical care or was referred by friends, corps officers, or resident assistants.

Laws are strictly enforced regarding the illegal possession, manufacture, dispensing, and use of controlled substances at any academy-sponsored event on or off campus. No one may use, illegal substances or abuse legal substances including alcohol in a manner that will impair performance of assigned tasks. Cal Maritime will impose disciplinary sanctions against any individual, group, or entity for violating these policies. Sanctions may range from a warning to dismissal from Cal Maritime or loss of organizational status, depending on the nature of the violation. The incident can also include referral to law enforcement agencies for prosecution. A complete description of these regulations is contained in the student handbook, or at www.csum.edu. One may also find this information at Human Resources, Public Safety, and the Office of the Director of Student Affairs

Summary of legal sanctions under local, state, and federal laws for alcohol possession/consumption:

1. No person may sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under age 21 or to any obviously intoxicated person.
2. No person under age 21 may purchase alcoholic beverages or possess alcoholic beverages on any street or highway or in any place open to public view.
3. It is illegal to sell alcohol without a valid license or permit.
4. It is unlawful for any person to drink while driving, to have an open container of alcohol in a moving vehicle, or to drive under the influence of alcohol (note: intoxication is presumed at blood levels of .08% or higher, and may be found with blood alcohol levels from .05% to.08%). It is also illegal to operate a bicycle, water vessel, water ski, or aquaplane while intoxicated.
5. All Cal Maritime students, faculty, staff members and administrators are subject to local state and federal laws regarding the unlawful possession, distribution or use of alcohol and illegal drugs

Penalties:

• Every person who sells, furnishes, gives…any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Note: A misdemeanor is punishable by fines up to $1,000 and/or imprisonment in the county jail for up to one year.
• Any person under the age of 21 who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
• A fine of one thousand dollars, no part of which shall be suspended, shall punish any person who furnishes an alcoholic beverage to a minor and the person shall be required to perform not less than 24 hours of community service.
• Any person under the age of 21 years who attempts to purchase any alcoholic beverage from a licensee is guilty of an infraction and shall be punished by a fine of not more than $100. A fine of not more than $250 shall punish a second or subsequent violation of this section or the person shall be required to perform up to 36 hours of community service.
• Any person under the age of 21 whom has any alcoholic beverage in his or her possession on any street or highway or in any public place is guilty of a misdemeanor.
• Any person under the age of 21 who presents any written, printed or photostatic evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least $250, no part of which shall be suspended; or the person shall be required to perform not less than 24 hours nor more than 32 hours of community service.
• Penalties for a first drunk-driving conviction include attending an alcohol education program, fines up to $1,000, up to six months in jail, and a driver’s license suspension up to six months. Second offenses are punishable by fines up to $1,000, imprisonment up to one year, driver’s license suspension up to 178 months, and/or a required alcohol rehabilitation program of up to 30 months. Third and fourth offenses carry similar sanctions, plus three and four year license revocations, respectively. Driving privileges are suspended for six months for refusing to submit to a blood alcohol test, for two years if there is a prior conviction within seven years, and for three years with three or more convictions within seven years.

Summary of legal sanctions under local, state, and federal laws for possession/distribution of illegal drugs:

1. No person may possess any controlled substance as defined by the California Health and Safety Code.
2. No person may possess or purchase any controlled substance for the purpose of sale.
3. No person may transport or import into this state any controlled substance for the purposes of selling, furnishing, administering or giving away.
4. No person shall possess items known as drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

Penalties:

• The penalty for possession of a controlled substance is punishable by fines up to $500 and/or imprisonment in the county jail and/or state prison.
• The penalty for possession of controlled substance for sale or purchase of controlled substance for the purpose of sale is punishable by imprisonment in the state prison for two, three, or four years.
• The penalty for importing into this state or transporting a controlled substance for the purpose of selling furnishing, administering or giving away is punishable by imprisonment in the state prison for three, four, or five years.
• The penalty for possession of drug paraphernalia is punishable by fines up to $1,000 and/or imprisonment in the county jail and/or state prison.

DRUG AND ALCOHOL ABUSE EDUCATIONAL PROGRAMS
Drug/Alcohol Prevention Programs

• Orientation presentations
• Informational brochures available in the Student Health Center
• CAPS (Counseling and Psychological Services)
• Drug Testing
• Periodic presentations and lectures sponsored by Cal Maritime