Education Department General Administrative Regulations [EDGAR Part 86] Annual Notification
Introduction:
Muhlenberg College (“College”) disseminates the policy to all students and employees annually as required by the Federal Drug-Free Schools and Communities Act [EDGAR Part 86]. Questions concerning this policy and/or alcohol and other drug (“AOD”) programs and interventions may be directed to the Vice President for College Life/Dean of Students and the Vice President of Human Resources.
Distribution:
Dissemination of this policy to students and employees complies with the Federal Drug Free Schools and Communities Act Regulations (EDGAR-86). This process also includes posting the notice on the Muhlenberg College website and is discussed during student and employee orientation.
Alcohol and Drug Policies:
Student Alcohol Policy
Muhlenberg College is committed to the health, safety and well-being of each member of the Muhlenberg community. As such, the College wishes to encourage students to shape the social life of the campus in ways that foster community, promote vibrant and diverse social options and encourage responsibility and accountability. In addition, our aim is for this policy to assist the College in creating a culture that supports students who do not use alcohol and students who choose to socialize with alcohol in a safe, legal and responsible manner on and off campus. In our pursuit of academic excellence and student health and well-being, all members of the College community—students, faculty and staff—have a role in safeguarding a healthy learning environment. Alcohol misuse and abuse continue to be one of the leading public health issues causing harmful consequences on college campuses. To this end, we encourage students to serve as healthy role models for one another, intervene with their peers when a student's health is in jeopardy and report incidents related to alcohol misuse that may lead to harm of individual students or our broader campus community. We also encourage faculty and staff to be active participants in the lives of our students, to support student health and safety and to reach out for assistance if concern arises about alcohol-related issues on campus.
Finally, members of the Muhlenberg community are expected to abide by all federal, state and local laws, including those governing alcohol consumption and distribution. Under Pennsylvania law, it is illegal for anyone under the age of 21 to purchase alcohol or to possess alcohol in a public space. It is also illegal for anyone to furnish alcohol to an individual under the age of 21. Other state laws governing the use of alcohol can be found here. The Student Alcohol Policy for all students is outlined in the Student Policy and Resource Guide and can be accessed on-line at: .
Student Drug Use and Controlled Substance Policy [link]
Muhlenberg College recognizes that the use of illicit drugs is a serious problem on college campuses. When a student uses illicit drugs, the College makes every effort through education and referrals to assist that person to gain the help that they might need to live a life free of drug dependencies. Muhlenberg recognizes that the use of illicit drugs can seriously affect an individual's health, personal relationships and their ability to function in a competitive academic environment. The College cannot tolerate behavior which is harmful to the individual; infringes upon the rights of others; or which the College deems detrimental to the welfare of an academic community. Consistent with its concern for the welfare of its students, moreover, the College will not tolerate the illegal distribution of drugs on campus. When the College becomes aware that students are using or distributing illegal drugs, the College reserves the right to contact those local, state and federal officials charged with enforcing state and federal drug laws.
The Dean of Students reserves the authority to exercise discretion in all disciplinary matters, giving consideration to the particular circumstances. These procedures do not take the place of criminal prosecution.
(See Appendix A for Federal Drug Penalties)
The following conduct is prohibited for all students and student groups:
Sale and/or Distribution: The sale, production or possessing for the purpose of distribution, as well as attempt, intent, or conspiracy to sell, produce, or distribute illegal drugs, or, without authorization, prescription or over the counter medications, or other controlled, dangerous, or addictive substances.
Manufacturing, Possession, Purchasing, and/or Use: Manufacturing, possessing, purchasing, or using illegal drugs (ex: cannabis*, cocaine, heroin, PCP, LSD, methamphetamine, hallucinations, etc.) or controlled substances with a prescription.
Prescription Drugs: Purchasing, possessing or using prescription drugs without a prescription or using prescription or over the counter medications differently than the prescribed or recommended purpose and/or dosage.
Paraphernalia: Using or possessing drug paraphernalia, in any form, while on campus. Drug paraphernalia includes, but is not limited to, pipes, bongs, bowls, grinders, vaporizer, vaping device, e cigarette, etc. Drug paraphernalia includes any device that tests positive for drug residue.
Driving Under the Influence: Operating a vehicle, defined as any device upon which a person can be transported, while impaired by an illegal drug or controlled substance.
*Cannabis is a controlled substance under federal law and its possession and use, even for medical reasons, is prohibited on property owned or operated by the College or at College-sponsored or affiliated programs and events. It should be noted that any substance that tests positive for THC, regardless of how that substance was sold, will be considered as illegal cannabis possession for the purposes of this policy.
Employee Drug-Free Workplace Policy [link]
The Muhlenberg College Drug-Free Workplace Policy Statement (“Policy”) addresses violations by College faculty and staff.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at Muhlenberg College. Any employee or student violating this rule will experience disciplinary action. The College reserves the right to contact both state and federal offices charged with enforcing state and federal laws. Off-the-job illegal drug use which could adversely affect an employee’s job performance or could jeopardize the safety of others may result in disciplinary action, up to and including termination of employment.
Employees undergoing prescribed medical treatment with a legal drug that may impair job performance should report this treatment to Human Resources. In appropriate cases, certain job accommodations may be necessary for the safety of the employee, students, the public and fellow employees. Failure to disclose such treatment where it may create a direct threat of harm may result in disciplinary action up to and including termination of employment. The use or possession of alcohol during the work day and reporting to work under the influence of alcohol are also violations of Muhlenberg College’s policy.
The College offers a confidential Employee Assistance Program for faculty & staff. Additionally, the Vice President of Human Resources and the Director of Employment and Benefits are prepared to confidentially handle referrals to appropriate programs for employees who seek assistance with drug and alcohol counseling and rehabilitation. Further, the health insurance plan offered by the College to full-time employees provides for the treatment of drug abuse in a participating substance abuse treatment facility.
Sanctions
Student Sanctions- Alcohol and Drugs
Muhlenberg College is committed to the health, safety and success of all students. In addition, the College believes that diversity, in many forms and expressions, is essential to its educational mission and to its success as a community. Achieving our educational mission requires that we foster a campus environment that is safe and inclusive and allows for students to maximize their academic and personal potential. As such, the Student Code of Conduct (“Code”) outlines the rights, responsibilities and expectations for all student members of the Muhlenberg College community. The College’s disciplinary processes emphasize education by focusing on the growth and development of the individual student, encouraging self-discipline, and fostering a sense of respect for the rights of others. The College also has an obligation to maintain socially and educationally responsible behavior among its members. To this end, the disciplinary process is designed to redirect the behavior of a student into acceptable patterns and to protect the College community while helping each student clarify and solidify individual values.
A complete copy of the Student Code of Conduct is available online.
Student Disciplinary Sanctions for Violations of the Standards of Conduct for AOD
The imposition of any of the below sanctions shall be subject to mitigating factors such as the present demeanor and past disciplinary record of the respondent, as well as the nature of the offense and the severity of any damage, injury, or harm resulting from the offense.
Disciplinary Warning- Disciplinary warning is a written notice given to a student responsible for a violation of this Code to draw attention to the fact that the student’s behavior was not in accordance with College policy and that should a breach of College policy occur again or if the student is found responsible for any future offenses, the student may expect to receive more severe disciplinary action.
Disciplinary Probation- Disciplinary probation is a status that notifies the student that their behavior violated the Student Code of Conduct in a serious way. Probationary status may result in, but is not limited to, a student's inability to participate in certain leadership positions on campus, extracurricular or sporting activities, study abroad opportunities, and/or live in MILE and/or off-campus housing. Any other specific restrictions will be outlined by the Hearing Officer or Hearing Board Panel. This status implies that further violations of the Disciplinary Probation terms or the Student Code of Conduct may result in more severe sanctioning, including suspension or expulsion from the College.
Educational Sanction- The student may be required to participate in educational experiences such as a program, workshop, online tutorial, or individual meeting.
Parental Conference- Where appropriate, the parent(s) and/or guardian(s) will be asked to have a conference (in person or over the phone) with the student and an appropriate College administrative manager to discuss the incident.
Parental Notification- Where appropriate, if permitted under the federal Family Educational Rights and Privacy Act, a copy of the outcome letter will be sent to the address on file for the student’s parent(s) and/or guardian(s).
Other Sanctions- Other sanctions may be imposed as appropriate to achieve the goals of sanctioning mentioned above and to respect the individuality of each case and each student. These may include, but are not limited to, reflection papers, research papers, service projects, work service hours, fire safety fines, referral, program attendance, meetings, and program creation.
Medical Amnesty-
- As a part of medical amnesty sanctions, students are often asked to complete the eCheckuptogo assessment with follow up by the Director of Student Support. This assessment assists students in observing their alcohol and other drug usage by helping them to identify quantity and frequency of use, amount consumed, normative comparisons, physical health information, amount and percent of income spent, negative consequences feedback, and explanation, advice, and local referral information.
- Students must also watch a video facilitated by Dr. Timothy Silvestri, Director of Counseling Services, regarding alcohol and the brain. After reviewing the video, students must respond to reflection questions that are then followed up with in a meeting with the Director of Student Support.
Employee Sanctions - Alcohol and Drugs
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at Muhlenberg College. The College reserves the right to contact both state and federal offices charged with enforcing state and federal laws. Off-the-job illegal drug use, alcohol consumption or misuse of lawfully prescribed medications that adversely affect an employee’s job performance or jeopardizes the safety of others may result in disciplinary action, up to and including termination of employment. The use or possession of alcohol or other drugs during the work day and reporting to work under the influence of alcohol and/or illegal drugs are also violations of Muhlenberg College’s Policy.
Employees undergoing prescribed medical treatment with a legal drug that may impair job performance should report this treatment to Human Resources. In appropriate cases, certain job accommodations may be necessary for the safety of the employee, students, co-workers and the public. Failure to disclose such treatment where it may create a direct threat of harm may result in disciplinary action up to and including termination of employment.
At the College’s discretion, College employees found in violation of Drug-Free Workplace Policy Statement may be required to participate in counseling, drug abuse assistance or rehabilitation and/or may experience disciplinary action up to and including termination of employment.
As a condition of employment, employees convicted or who have pleaded guilty or nolo contendere (no contest) under a criminal drug statute for conduct in the workplace must report such occurrences to the Vice President of Human Resources no later than five days after the occurrence.
Legal Sanctions Imposed under Federal, State, and Local laws for unlawful possession or distribution of illicit drugs and alcohol
A. Federal Sanctions
a. Alcohol
Federal alcohol laws are regulated and enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. For more information regarding 18 U.S.C 1952 with respect to Federally non-tax paid liquor, see https://www.govinfo.gov/content/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap95-sec1952.pdf
b. Illicit Drugs
The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.
B. Pennsylvania Sanctions
a. The following summary is provided to promote increased awareness of the Pennsylvania laws relating to unlawful possession, use, manufacture, or distribution of alcohol or drugs. This summary is not intended to be a restatement of the law nor a summary of all of the laws related to drugs and alcohol. All Muhlenberg College students are responsible for compliance with the state laws governing the use of alcohol and drugs. According to Pennsylvania Statute, the following actions involving alcohol and drugs are illegal and bring with them the penalty listed:
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18 Pa.C.S. § 6308
- Action: Purchase, consumption, possession or transportation of liquor or malt or brewed beverages by a person under twenty-one years old.
- Penalty: First Offense: $500 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $500 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations). Courts are not permitted to suspend sentences.
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18 Pa.C.S. § 6308
- Action: Purchase, consumption, possession or transportation of liquor or malt or brewed beverages by a person under twenty-one years old.
- Penalty: First Offense: $500 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $1,000 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations). Parents are notified of all arrests of minors.
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18 Pa.C.S. § 6309
- Action: Representing that a minor is of age.
- Penalty: Fine of no less than $300 and no greater than $2,500
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18 Pa.C.S. § 6310
- Action: Inducement of minors (under 21) to buy liquor or malt beverage
- Penalty: Fine of no less than $300 and no greater than $2,500. Courts are not permitted to suspend or reduce sentences.
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18 Pa.C.S. § 6310.1
- Action: Selling or furnishing liquor or malt or brewed beverages to minors. (Furnish means to intentionally and knowingly sells or intentionally and knowingly furnishes, or purchases with the intent to sell or furnish, any liquor or malt or brewed beverages to a person who is less than 21 years of age.)
- Penalty: First Offense: $1,000 fine. Subsequent Offenses: $2500 fine. Courts are not permitted to reduce sentencing.
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18 Pa.C.S. § 6310.2
- Action: Manufacture or sale of false identification card.
- Penalty: First Offense: $1,000 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $2,500. Courts are not permitted to suspend sentences.
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18 Pa.C.S. § 6310.3
- Action: Carrying a false identification card.
- Penalty: First Offense: $500 fine and suspension of driving privileges for 90 days. Subsequent Offenses: $500 fine and suspension of driving privileges for one year (2nd violation) or two years (three or more violations.) Courts are not permitted to suspend sentences. Parents are notified of all arrests. 2022 Annual Security and Fire Safety Report
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18 Pa.C.S. § 6310.4
- Action: Violation of 6307, 6308, 6310.3 Penalty: Suspension of operating privileges. 18 Pa.C.S. § 6314 Action: Trafficking of drugs to minors (under 18). Penalty: Fine from $5000 to $250,000; imprisonment from 1 to 15 years, depending on offense. 35 Pa.C.S. §§ 780-101-144 Action: Illicit manufacture, sale delivery, possession of controlled substance.
- Penalty: Fines from $5000 to $250,000; imprisonment of 1-15 years depending on offense. 42 Pa.C.S. §§ 6801-6802 Action: Illicit manufacture, sale delivery, possession of controlled substance. Penalty: Loss of property rights to Commonwealth of all controlled substances, paraphernalia, raw materials, conveyances, money, negotiable instruments and real property acquired in violation of the Controlled Substance, Drug, Device & Cosmetic Act, 35 Pa. C.S. §780-101-144, above. 75 Pa.C.S. §§ 1546-1547 Action: Consumption of alcohol while driving Penalty: Chemical testing of operator’s alcohol level; suspension or revocation of operating privileges of drunk drivers. Fine.
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75 Pa.C.S. § 3715
- Action: Consumption of alcohol while driving
- Penalty: $300-5000 and imprisonment from 48 hours to 1 year; suspension or revocation of operating privileges. NOTE: If a fatality occurs in an accident as a direct result of D.U.I., there is a mandatory 3 years imprisonment. In addition, Pennsylvania may impose “social host” liability on persons who serve or whose premises have been used to serve alcohol to minors.
C. City of Allentown Ordinances Regarding Alcohol
Article 741.08
- Action: Consumption of Alcohol on Streets and Sidewalks
- Penalty: Violation tickets may be issued in the amounts of $25 or $100.
Health Risks Associated with AOD Abuse
Serious health risks are associated with the use of illicit drugs and alcohol. All drugs, including alcohol, can cause marked changes in behavior and have side effects. Their influences can affect the safety and well-being of the users as well as those around them.
Alcohol
Alcohol is a central nervous system depressant that is absorbed into the bloodstream and transmitted to all parts of the body. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that a driver will be involved in an accident. Low to moderate doses reduce physical coordination and mental alertness, while increasing the incidence of aggressive behavior. Moderate to high doses of alcohol cause marked impairment of higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden stopping of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol can lead to permanent damage to vital organs such as the liver and brain.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other children of becoming alcoholics.
Drugs
For a summary description of the health risks associated with commonly used controlled substances, click here to view the National Institute of Health, National Institute on Drug Abuse Commonly Used Drugs Chart.
Alcohol and Other Drug Programs Available to Students, Staff and Faculty
- All incoming students must complete the Kognito module “Alcohol & Other Drugs” which focuses on safe alcohol consumption and looking out for personal safety, as well as the safety of others.
The Departments of Prevention Education and Equity & Title IX provide presentations for various groups at the beginning of the academic year that include education and information on various aspects of alcohol and other drug consumption. These groups include, but are not limited to, all First Year/Incoming Students, Orientation Leaders, and Resident Advisors. - Housing & Residence Life provide programs in all First Year Area meetings, Upperclass Area meetings, and MILE Area meetings which contain a brief overview of policies and no goes around alcohol in the residence hall rooms, with specifics on if a student is under or over 21. For example, rooms with a combination of underage and of age students must adhere to the following rules: alcohol cannot be stored in suite, apartment, or house common areas and it must be stored in the of age person’s personal refrigerator side of the room.
- The Fraternity & Sorority Life Health & Safety Forum is a presentation for all fraternity and sorority members at Muhlenberg which focuses on health and safety, and contains an element of safety, policies, and resources around alcohol consumption.
- The Department of Prevention Education will provide programs throughout the academic year for various campus groups and organizations, such as fraternities and sororities, athletic teams, and other campus clubs and organizations, both by request and in response to incidents. These programs will be tailored to the specific group participating in the program and will contain elements of education and discussion of safe alcohol consumption, consent, boundaries, and sexual activity. These programs will also provide information on Muhlenberg’s Medical Amnesty Policy, as well as both on and off-campus resources around prevention and safety.
- Muhlenberg College’s Peer Education groups, including Mental Health Peer Advocates (MHPA), Peer Health Advocates at Muhlenberg (PHAM), and Voices of Strength (VOS) will do programming and tabling throughout the academic year for various campus groups and organizations, as well as the entire campus community, that provide information and resources on safe practices. For example, prior to both Halloween and St. Patrick’s Day, peer educator groups will do tabling that focuses on safe alcohol consumption, alcohol and consent, and alcohol and sexual activity.
- The Muhlenberg Athletics Department, in partnership with the Department of Prevention Education, provides “StepUp” programming for all first-year and transfer students and “Alcohol Awareness” programming for all second-year students of all athletic teams. This program includes education on the consumption of alcohol and creating boundaries, Muhlenberg’s medical amnesty policy, and walks student-athlete participants through a scenario focused on supporting someone who had engaged in unsafe alcohol consumption and how to intervene to help the individual.
Resources (Prevention & Postvention)
On-Campus Resources
College Chaplain’s Office - Confidential
- The campus chaplain is present, and serves as a confidential resource, to offer support to all students, faculty, and staff regardless of religious affiliation or non-affiliation. The College Chaplain can be reached at (484) 664-3182.
Director, Leffell Center for Jewish Student Life - Confidential
- The Director of the Leffell Center for Jewish Student is present, and serves as a confidential resource, to offer support to Jewish students, faculty, and staff. The Director can be reached at (484) 664-3270.
Counseling Services - Confidential
- Counseling Services offers individual and group counseling, psychiatric services, and self-help resources. They serve as a confidential resource on campus. Counseling Services can be reached at (484) 664-3178 at all times. Outside of regular business hours, an on-call therapist can be reached at this number.
Health Services - Confidential
- Health Services exists to provide health and wellness services and work as advocates with students, assisting them with meeting their health care needs. They serve as a confidential resource on campus. Health Services can be reached at (484) 664-3199.
- Campus Safety works to keep all students, faculty, and staff at Muhlenberg safe. The Campus Safety emergency phone number is (484) 664-3110; the non-emergency phone number is (484) 664-3112.
- The focus of the Dean of Students office is to encourage the personal and interpersonal growth, development, and well-being of the entire student body by fostering an environment that is caring, supportive, and nurturing. The Dean of Students office can be reached at (484) 664-3182.
- The Office of Equity and Title IX oversees response and investigation of all reports and complaints of bias, identity-based discrimination and harassment, sexual misconduct, relationship violence, stalking, and retaliatory harassment as prohibited by College policies addressing such conduct. The Director of Equity & Title IX can be reached at (484) 664-3182.
- The Office of Housing and Residence Life take a holistic approach to residential living, opening doors to self-understanding, deep learning, and lasting friendships. Housing & Residence Life works to maintain a safe and inclusive community, conducive to academic achievement, wellness and respect. The Office of Housing and Residence Life can be reached at (484) 664-3180.
- The Department of Prevention Education serves students by providing educational offerings relating to healthy sexuality, sexual and intimate partner violence prevention and response, and promotes a culture of nurturance across the campus for people of all genders and sexual orientations. The Department of Prevention Education can be reached at (484) 664-3186.
- The Director of Student Support Services assists students with moving beyond emotional and behavioral concerns so that optimal connections can be found. The Director works with students through a combination of advocacy, strategy and skill building, as well as, seeking connections and resources within the campus community to assist students to be at their best. The Director of Student Support Services can be reached at (484) 664-3803.
Reporting of Sexual Misconduct
- Students, faculty, and staff can submit an incident report of sexual harassment or misconduct, intimate partner violence, and stalking by visiting Muhlenberg.edu/webapps/incidentreporting and choosing the “Sexual Harassment or Misconduct, Intimate Partner Violence, Stalking Online and Anonymous Reporting” form or the “Student of Concern Form”.
Referral for Concerning Student Behavior
- Students, faculty, and staff can submit a referral form for non-urgent and concerning observed student behavior by visiting Muhlenberg.edu/webapps/incidentreporting and choosing the “Student Concerns Reporting Form”.
Off-Campus Resources (Local & National)
- Al-Anon is for individuals who have been impacted by a family member or friend’s drinking. Al-Anon provides tools to help themselves, which can indirectly help their alcoholic relatives or loved ones. Attending sessions does not cost money and there are various groups specifically geared toward various ages, including teens. The link provides information on finding meetings in Pennsylvania and the Lehigh Valley.
- Alcoholics Anonymous is an international mutual aid fellowship of people who come together to solve their drinking problem. Attending sessions does not cost money and there is no age or education requirement to participate. Membership is open to anyone who wants to do something if they struggle with drinking. The link provides information on Alcoholics Anonymous meetings in the Lehigh Valley. If you feel you have a problem with alcohol, or if you simply want to know more about AA, call the AA Lehigh Valley’s 24-hour hotline at (610) 882-0558. Every call is answered by a recovering alcoholic from the Lehigh Valley.
- This website is a one-stop resource for comprehensive research-based information on issues related to underage drinking and binge drinking among college students.
Confront (division of Treatment Trends, Inc)
- Confront, a division of Treatment Trends, Inc., provides intensive inpatient and outpatient treatment services to adolescents, adults and families experiencing drug and/or alcohol problems. Treatment modalities include individual, group and family counseling. Confront also offers weekend DUI classes. They are located at 1130 Walnut Street, Allentown, PA 18102. To find out more about Confront and the services they offer, you may contact (610) 433-0148.
Employee Assistance Program (EAP)
-In partnership with Health Advocate, Muhlenberg's -v EAP offers confidential one-on-one support to address a variety of emotional, physical, and mental health needs (including but not limited to stress, anxiety, depression, and substance abuse), referrals to local mental health counselors for up to three sessions, free of charge. Muhlenberg's EAP is available to all faculty & staff and their family members, free-of-charge. (877) 240-6863 (available 24/7/365)
SAMHSA’s (Substance Abuse and Mental Health Service Administration) National Helpline
- A confidential, free, 24/7, information service (in both English and Spanish) for individuals and family members facing mental and/or substance use disorders. This service provides referrals to local treatment facilities, support groups, and community-based organizations. Callers can also order free publications and other information. To contact the hotline, dial 1 (800) 662-HELP (4357).
Drug-Free Schools and Communities Act - Federal Trafficking Penalties
