Drug Free Schools & Communities Act

The Drug-Free Schools and Communities Act (DFSCA) of 1989—also known as the Drug-Free Schools and Campuses Act—requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs for faculty, staff and students. Peninsula College faculty, staff and students are also subject to federal and Washington state laws.

The College is required, through the Drug-Free Schools and Campuses Act (DFSCA), to produce a biennial review of their alcohol and other drug programs and policies. The purpose of this report is to determine program effectiveness and consistency of policy enforcement for students and employees of the college to identify and implement necessary changes. Peninsula College is working to perform a review every two years.

The DFSCA requires the establishment of a drug and alcohol prevention program, which includes the notification below. All members of the Peninsula College Community are encouraged to review the notification and information on the linked pages. This information is also distributed, at a minimum, on an annual basis to faculty, staff and students.

Disclosures & Policies

DFSCA Annual Disclosure

The Drug-Free Schools and Communities Act requires that each institution distribute the following in writing to all students and employees annually:

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol on school property or as part of any school activities for employees (Policy 211) or students Code of Conduct, Student Rights & Responsibilities;
A description of the applicable legal sanctions under federal, state, or local law for the unlawful possession or distribution of illicit drugs and alcohol;
A description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
A description of any drug or alcohol counseling, treatment, rehabilitation, and re-entry programs that are available to employees or students;
A clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with federal, state, or local law);
A description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of established standards of conduct.

Drug Free Campus

Peninsula College is committed to provide an environment that is free of alcohol and drug abuse. Therefore, the College prohibits the use, possession, delivery, sale or being observably under the influence of any drug as defined by RCW 69.41 or any other controlled substance, including marijuana, under RCW 69.50, except as prescribed by a licensed practitioner. Also, the College limits the use of alcohol and tobacco on Peninsula College owned or leased facilities.

Alcohol

The boards of trustees of community colleges shall make available at some place of prominence with each campus educational materials on the abuse of alcohol PROVIDED that such materials are obtained at no cost to the state.

Smoking on Campus

Smoking of tobacco, e-cigarettes, and related products* is prohibited on all College owned or leased property. This would include: in campus buildings; within twenty-five feet from entrances and exits; within twenty-five feet from windows that open; and from within ventilations, intakes and walkways.

An exception to this would be the designated smoking shelters. This procedure applies to all individuals on the College premises, including students, employees, and visitors. "Smoke" or "smoking" as used herein shall mean, and include, the smoking or carrying of any kind of lighted pipe, cigar, cigarette, or related product. Complaints of violations of this procedure shall be made to Campus Safety. Sanctions for employees may include, but are not limited to, counseling, mandatory participation in an appropriate rehabilitation program, fines, participation in community service, unpaid suspension from employment, loss of certain campus privileges, termination of employment, and/or referral for prosecution.

Student disciplinary action may include the applicable disciplinary sanctions described in the Code of Student Rights and Responsibilities policy (WAC 132A-125). Visitors will be escorted from College premises.

*Related products include but are not limited to cigarettes, e-cigarettes, pipes, bidi, clove cigarettes, waterpipes, hookahs, chewing tobacco, and snuff.

Biennial Review

Biennial review policy is currently being reviewed internally.

DFSCA Peninsula College Contacts

Peninsula College Contact for Employees:

Hanan Zawideh
Vice President, Human Resources & Diversity, Equity, and Inclusion
hzawideh@pencol.edu
(360) 417-6212

Marty Martinez
Director of Emergency Management & Campus Public Safety
(360) 417-6559

Peninsula College Contact for Students:

Krista Francis
Vice President of Student Services
kfrancis@pencol.edu
(360) 417-6225

Marty Martinez
Director of Emergency Management & Campus Public Safety
(360) 417-6559

Health & Wellness Information

Alcohol & Drug Health Risks

Alcohol: Beer, Wine & Liquor

Dependence Potential: yes.
Possible Effects: muscle relaxation, impaired motor control, memory and judgment, depression, intoxication.
Common Complications: severe impairment of all physical and mental functions, risk of choking or injury from falls or accidents, loss of consciousness, respiratory failure, coma, death due to anesthesia of brain centers controlling breathing and heart rate.

Cannabis: Marijuana, Hashish & Hashish Oil

Dependence Potential: yes.
Possible Effects: altered sense of time and visual perception, euphoria, memory, depression interference, reduced coordination and reflex response capacity.
Common Complications: fatigue, reactions ranging from mild anxiety to panic and paranoia, confusion, disorientation, hallucinations and distortion of sense perceptions.

Steroids: Anabolic Steroids

Dependence Potential: yes.
Possible Effects: acne, aggressive behavior, anger management problems, cholesterol imbalance, impotence, psychosis.
Common Complications: aggressive behavior, psychosis, reduced fertility, stroke, liver damage, increased cancer risk.

Stimulants: Cocaine, Crack, Speed, Amphetamines & Methamphetamines

Dependence Potential: yes.
Possible Effects: increased alertness, increased pulse and blood pressure, euphoria, pupil dilation, insomnia, loss of appetite.
Common Complications: agitation, irritability, dizziness, confusion, fatigue, depression, seizure, convulsions, tactile or visual hallucinations, possible death.

Nicotine: Cigarette, Cigar, Pipe Smoking, Vaping (e-cigarettes) & Chewing Tobacco

Dependence Potential: yes.
Possible Effects: increased heart rate and blood pressure, irritation of the eyes, nose and respiratory tract, shortness of breath, decreased sensitivity of taste buds, depression.
Common Complications: increased risk of: heart attack, cardiovascular disease, mouth, throat and lung cancer, and other pulmonary disease

Information about Moderate Drinking

If you are making a choice to drink alcoholic beverages, there are some strategies to consider adopting that will lessen the chance of a negative consequence occurring. You are encouraged to:

Plan ahead, and set a limit before you start drinking
Consider how you will get home, plans for next day
Be aware of your health and mood
1 drink means 12 oz. of beer, 4 oz. of wine, or 1 oz. of spirits
Pour your own drinks, and measure them
Keep track of how much you drink
Eat some food before you drink (something that isn't salty!)
Sip, instead of gulp, your drink (make it last awhile!)
Substitute or alternate nonalcoholic drinks
Do NOT mix energy drinks with alcohol
Space your drinks (i.e., No more than 1 per hour)
Try to resist pressure to keep up with your friends, or join in drinking games
Be aware of cues that can influence you to drink more: (i.e., people, places, emotions, thirst, and stress)

Federal and State Laws & Reporting an Incident

Federal & State Drug Laws

WASHINGTON STATE DRUG LAWS

RCW 46.61.502 & RCW 46.61.504

Prohibits operating motor vehicle while under the influence of an intoxicating liquor or any drug. Discusses penalties and Alcohol Information School.

RCW 46.61.517 & RCW 46.20.308: Refusal of person to Take Alcohol Test or drug concentration

Refusal of person to Take Alcohol Test or drug concentration in the person's blood or breath is admissible in a court of law.

RCW 66.24.481: Public Place or Club

No public place may keep liquor or permit its consumption unless authorized by a state banquet permit.

RCW 66.44.100: Opening or Consuming Liquor in Public Place

Prohibits consuming liquor in a public place.

RCW 66.44.200: Sales to Persons Apparently Under the Influence of Liquor

Prohibits the sale of any alcohol to a person apparently under the influence of liquor.

RCW 66.44.270: Furnishing Liquor to Minors— Possession, Use

Prohibits the sale or supply of liquor to a minor, and prohibits anyone from permitting a minor to consume liquor on premises under that person's control.
Prohibits minors from possessing, consuming, or otherwise acquiring any liquor. (At the college, it is also contrary to furnish or permit alcohol to be served to persons who are intoxicated.)

RCW 66.44.290: Minors Purchasing

Prohibits anyone under age 21 from purchasing or attempting to purchase alcohol.

RCW 66.44.310: Misrepresenting Age

Prohibits using a false identification card or misrepresenting your age.

RCW 66.44.325 & RCW 66.44.328: False Identification

Prohibits the use and manufacture of false ID cards.

RCW 66.44.370: Resisting Arrest

Prohibits anyone from resisting arrest by a law enforcement official.

RCW 69.41.350: Penalties of possessing

Penalties of possessing under 200 tablets or eight 2 cc bottles of steroid without a valid prescription (gross misdemeanor) or over 200 tablets or eight 2 cc bottles of steroid without a valid prescription (Class C Felony)

RCW 69.50.401: Prohibited Acts: A - Penalties

Prohibits the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance. Any person in violation with respect to: (i) a Schedule I or II narcotic is guilty of a crime and upon conviction may be imprisoned for up to 10 years. If the crime involved less than two kilograms of the drug, fined up to $25,000; or if the crime involved two or more kilograms of the drug, then fined up to $100,000 for the first two kilograms and up to $50 for each additional gram.
The sentence may include both imprisonment and fine, (ii) any other Schedule I, II, III substance is guilty of a crime and may be imprisoned for up to five years, fined up to $10,000 or both. Nor may anyone be in possession of a controlled substance unless it was obtained through a valid prescription of a practitioner. Any person found guilty of possession of 40 grams or less of marijuana shall be guilty of a misdemeanor.

RCW 69.50.406: Distribution to Persons Under Age 18

Anyone 18 years of age or over who distributes a controlled substance that is a narcotic drug to a person under 18 is punishable by the fine and/or imprisonment of up to twice that authorized by RCW 69.50.401 (a) (1) (i)

RCW 69.50.408: Second or Subsequent Offenses

Second or subsequent offenses are punishable by twice the imprisonment and/or fine that is otherwise authorized.

RCW 69.50.410: Prohibited Acts: D - Penalties

Prohibits the sale for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204 except leaves and flowering tops of marihuana
Any person convicted of this subsection shall receive a sentence of up to five years in prison for the first offense, or a mandatory sentence of five years in prison for a subsequent offense and no judge may suspend or defer the second sentence.
Violation of this subsection by selling heroin is punishable by a mandatory sentence of two years in prison and no judge of any court shall suspend or defer the sentence. Any person convicted on a second or subsequent sale of heroin shall receive a mandatory sentence of 10 years in prison and no judge shall suspend or defer the second sentence.
In addition to the sentences provided, any person convicted of a violation of this subsection shall be fined in an amount calculated to at least elimination and all proceeds of profits gained by such person as a result of sales of controlled substances, up to the amount of $500,000 on each count.

RCW 69.50.412: Prohibited Acts: E - Penalties

Prohibits the use of drug paraphernalia to plant grow, harvest, manufacture, produce, prepare, test, store, or introduce into the human body a controlled substance: is guilty of a misdemeanor. Prohibits the delivery, possession with intent to deliver, or manufacture with intent to deliver drug paraphernalia to a person less than 18 years of age who is at least three years of age his junior is guilty of a gross misdemeanor. Any person 18 years of age or over who violates this subsection by delivering drug paraphernalia to a person less than 18 years of age who is at least three years of age his junior is guilty of a gross misdemeanor.

RCW 69.50.412: Prohibited Acts: E -- Penalties (as amended by 2013 c 3)

It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, 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 other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.

RCW 69.50.420: Violations – Juvenile Driving Privileges

If a juvenile between 13 and 21 is convicted of a violation of this chapter, the court shall notify the Department of Licensing within 24 hours after the entry of the judgment.

RCW 69.50.430: Additional Fine for Certain Felony Violations

Every person convicted of possessing, delivering, manufacturing, or selling a controlled substance shall, for a first offense, be fined $1,000 in addition to any other fine or penalty imposed. Persons found guilty of a second or subsequent offense shall receive a mandatory $2,000 fine. Unless the court finds the person to be indigent, this additional fine shall not be suspended or deferred by the court.

RCW 69.52.030: Imitation Substances

Prohibits the sale or misrepresentation of a substance as an illicit drug and any person who violates this shall, upon conviction, be guilty of a class C felony.

Washington Legal Sanctions Relating to Manufacturing, Selling, or Delivering a Controlled Substance

Schedule I or II Narcotic (i.e., cocaine, heroin, opium) Quantity: Less than two kilograms.

First Offense: Imprisonment of not more than 10 years, or fine of not more than $25,000, or both.
Second Offense: up to twice the prison term and fine.

Schedule I or II Narcotic (i.e., cocaine, heroin, opium) Quantity: Two or more kilograms.

First Offense: Imprisonment of not more than 10 years, or fine of not more than $10,000 for first two kilograms and not more than $50 for each additional gram, or both (fine and imprisonment).
Second Offense: up to twice the prison term and fine.

Any other controlled substance classified in Schedule I, II, III, IV, or V. Quantity: Any.

First Offense: Imprisonment of not more than five years, or fine of not more than $10,000, or both.
Second Offense: up to twice the prison term and fine.

Sale for profit of any controlled substance classified in Schedule I. Quantify: Any.

First Offense: Imprisonment of not more than five years, or fine of up to $500,000.
Second Offense: mandatory sentence of five years.

Sale of heroin Quantity: Any.

First Offense: Mandatory two-year imprisonment, or fine of up to $500,000.
Second Offense: mandatory sentence of five years.

Use of drug paraphernalia to plant, grow, store, inject, or otherwise insert into the human body a controlled substance Quantity: Any.

First Offense: Imprisonment not less than 24 hours, or fine of not less than $250.
Second Offense: fine of not less than $500.

Legal Sanctions Relating To Violations of Washington Alcohol Beverage Control Act

Sale or supply of liquor to any person under the age of 21.

First Offense: fine of not more than $500, or imprisonment of not more than two months, or both.
Second Offense: imprisonment of not more than six months. Third or Subsequent Offense, imprisonment of not more than one year.

Possession, consumption, or acquisition of liquor by any person under the age of 21 (Minor in Possession/ MIP).

First Offense: Fine of not more than $500, or imprisonment of not more than two months, or both.
Second Offense: imprisonment of not more than six months. Third or Subsequent Offense, imprisonment of not more than one year.

Purchase or attempted purchase of liquor by any person under the age of 21*.

First Offense: Fine of not more than $500, or imprisonment for not more than two months, or both.
Second Offense: imprisonment of not more than six months.
Third or Subsequent Offense: imprisonment of not more than one year.

*For those between the ages of 18 and 21: Fine of not less than $250 and not fewer than 25 hours of community service.

FEDERAL DRUG LAWS

Sanctions for possession and trafficking of controlled substances under Title 21 United States Code (USC) Controlled Substances Act:

21 U.S.C. 844 (a)

Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

21 U.S.C. 853 (A) (2) and 21 U.S.C. 881 (a) (4) and 21 U.S.C. 881 (a) (7)

Forfeiture and property used to possess a controlled substance if the offense is punishable by more than one year imprisonment Forfeiture of vehicles, boats, or aircraft used to transport or conceal a controlled substance. Civil fine of up to $10,000.

21 U.S.C. 853a and 18 U.S.C. 922 (g) and prosecutions under 18 U.S.C. 922 (g)(8)

Denial of Federal benefits, such as student loans, grants, contracts, and licenses, up to 1 year for first offense, up to 5 years for subsequent offenses. Revocation of Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are within the authority of some Federal agencies. Ineligible to receive or purchase a firearm.

Anti–Hazing/Sam’s Law

Executive Summary

Sam’s Law is the name of new anti-hazing legislation recently adopted in Washington State. It is named after Sam Martinez, a freshman at Washington State University who died of alcohol poisoning at a fraternity party in November 2019. The new law updates the definition of hazing and requires institutions of higher education to implement anti-hazing programming for employees and students. It also requires institutions of higher education (IHEs) to publish an annual report identifying student organizations, athletic teams, and living groups found responsible for engaging in hazing.

New Definition of Hazing: The Act defines “hazing” to include the following:

“[A]ny act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public . . . institution of higher education . . . in this state, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions.”

Types of Hazing

Some activities are clearly understood as hazing, but other activities may be less clear. It is imperative to consider that any act that subjects a specific student or group of students to conditions poorer than those of current members of the organization can be considered hazing. Listed here are various types of hazing:

Violent Hazing

Behaviors that have the potential to cause physical and/or emotional, or psychological harm.

Harassment Hazing

Behaviors that cause emotional anguish or physical discomfort in order to feel like part of the group. Harassment hazing confuses, frustrates, and causes undue stress for new members.

Subtle Hazing

Behaviors that emphasize a power imbalance between new members and other members of the group or team. These types of hazing are often taken-for-granted or accepted as harmless or meaningless. Subtle hazing typically involves activities or attitudes that breach reasonable standards of mutual respect and place new members on the receiving end of ridicule, embarrassment, and/or humiliation tactics. New members often feel the need to endure subtle hazing to feel like part of the group or team.

Hazing Examples

Examples of actions and activities which may constitute hazing include, but are not limited to, the following:

Compelling individuals to consume alcohol or drugs.
Paddling in any form, shoving or otherwise striking individuals.
Compelling individuals to engage in sexual behaviors, sexual or racial harassment or slurs or exhibitionism.
Compelling individuals to eat or drink unusual substances or compelling the consumption of undue amounts or odd preparations of food.
Having harmful substances thrown at, poured on or otherwise applied to the bodies of individuals.
Morally degrading or humiliating games or activities which make an individual the object of amusement, ridicule, or intimidation.
Transporting individuals against their will, abandoning individuals at distant locations, or conducting any “kidnap,” “ditch” or “road trip” that may in any way endanger or compromise the health, safety, or comfort of any individual.
Causing an individual to be indecently exposed or exposed to the elements.
Requiring an individual to remain in a fixed position for a long period of time.
Compelling an individual to be branded or tattooed.
“Line-ups” involving intense shouting of obscenities or insults.
Compelling individuals to participate in activities (pranks, scavenger hunts, etc.) which encourage the defacement of property; engage in theft; harass other individuals, groups of individuals or organizations.
Excluding an individual from social contact for prolonged periods of time.
Compelling an individual to engage in acts of personal servitude.

Related Definitions

Organization

An organization consists of several persons who are associated with each other and have registered with the College as a student organization (such as clubs, club sports, or fraternities and sororities).

Groups

A group consists of a number of persons who are associated with the College and each other, but who have not registered, or are not required to register, as a student organization (including but not limited to athletic teams, musical or theatrical ensembles, academic or administrative units, and clubs not registered as student organizations).

College Community

Faculty, staff, learners, volunteers (e.g., advisors and volunteer coaches), organizations, groups, alumni, and consultants involved in activities sponsored by chartered or un-chartered college groups or organizations who hold events on- or off-campus.

Chartered

A group or organization who completes a registration form and receives recognition from the College’s Associated Student Government Executive Body assigned to charter groups, clubs, or organizations, or similarly responsible college department.

Unchartered

A group or organization with involved college community members who gather to sponsor an activity or event who has not sought recognition from a College’s Associated Student Government or similarly responsible college department.

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