Drug and Alcohol Policy and Procedure

Bryan College of Health Sciences is committed to providing a drug and alcohol free educational environment which supportsthemissionoftheCollege. TheCollege’sprimaryroleindealingwiththeuseorpotentialuseofdrugsoralcohol is that of prevention, counseling, and education.

The risks associated with the use of illicit drugs and the abuse of alcohol are numerous and include physical and mental impairment,emotionalandpsychologicaldeterioration,anddevastatingeffectsonfamilyandfriends. Thereareobvious risks, such as being charged with driving under the influence or while intoxicated, and sustaining or causing personal injury. There are a number of less obvious risks associated with alcohol and other drug abuse: poor academic performance; poor job performance; unwanted sexual activity; sexually transmitted diseases, including HIV/AIDS; and jeopardizing future career prospects. In addition, alcohol and drug abuse put the user at considerable health risk, which can include: nausea, vomiting, cancer, liver damage, elevated blood pressure, psychotic episodes, hallucinations and, in some cases death.

It is the policy of the College that the unlawful manufacture, distribution, dispensation, possession, use of a controlled substance, or the purchase, sale, possession, use or consumption of alcohol is strictly prohibited on College premises, extension of the College campus, and at all College-sponsored events and activities on and off campus. A College- sponsored student event is any gathering that is arranged or endorsed by the College, where students are in attendance. Attendance at any school activity, either curricular or extra-curricular, while under the influence of alcohol, shall constitute misconduct, unless prior permission from Bryan College administration has been obtained and the alcohol is sold off campus by a licensed independent vendor via a “cash bar” and only to persons of legal age. Any student or student organization that violates this policy will be subject to disciplinary action up to and including dismissal from the College. Disciplinary sanctions may also include the completion of an appropriate rehabilitation program. Students may be placed on suspension until the required program is completed.

The College reserves the right to notify an appropriate law enforcement agency when violation of the alcohol and drug policy is also a violation of the law.

If there is a reasonable suspicion of alcohol or drug consumption prior to or while in class or at a College-sponsored activity, the student may be removed from the class or activity. If there is a suspicion of drug or alcohol consumption prior to or after reporting to clinical activities, the student will be removed from the clinical setting.

At the discretion of the faculty or College Administrator, the student may be taken to the Health Office for evaluation, which may include alcohol or drug screening test(s).

Reason to suspect impairment and/or withdrawal include personal observations of, but not limited to, the following signs: poor neuromuscular coordination, diaphoresis, tremors, muscle cramps, gastrointestinal cramps/diarrhea, irritability, restlessness, difficulty concentrating, drowsiness, confusion, slurred speech, blurred vision. Acute behavioral changes such as severe mood swings, panic, severe depression, excessive physical activity, difficulty with authority and poorly explained errors, accidents or injuries are reasons to suspect impairment or withdrawal. Signs, behavior changes or other evidence of impairment and/or withdrawal will be documented by program administration, faculty or clinical preceptors and will included dates, times, locations, and names of witnesses.

Reason to suspect substance use disorder can be based on personal observations documented by administration, faculty or clinical preceptors. Documentation of concerns related to attendance (frequent or unexplained tardiness, absences, illnesses; ), behavior (see behavior changes above), performance (underperformance, errors or elaborate excuses), physical signs (see signs above) and use of controlled substances (consistently uses more drugs than colleagues, heavy wastage of drugs, drugs carried outside of clinical area) will included dates, times, locations, and names of witnesses.

Intervention by School

Assessment for Chemical Dependence or Substance Use Disorder

A student is required to complete an assessment for chemical dependence/substance use disorder if a drug screening is positive or based on reason to suspect impairment, withdrawal or substance use disorder. The assessment method must be preapproved by the Dean of Students. The results of the assessment must be provided to the Dean of Students and Program Dean. The student is placed on administrative/medical leave of absence until the assessment results are reviewed by the Dean of Students and Program Dean.

Reentry

A safe return to the program will be facilitated on an individual basis. A student placed on administrative/medical leave of absence for substance use disorder may not be able to reenter the program if reentry is a threat to the student’s or patient safety. Readiness for reentry is a collaborative decision of any applicable monitoring/treatment programs, a certified drug and alcohol counselor, the Dean of Students, and the Program Dean.

A reentry contract with conditions to reenter the program will be written and agreed upon by the Dean of Students, Program Dean and affected student prior to return the classroom or clinical activities. A reentry contract is required for a student placed on administrative/medical leave of absence for assessment and/or treatment of chemical dependence or substance use disorder. Conditions likely will include evaluation by a certified drug and alcohol counselor, successful completion of a rehabilitation program if recommended, compliance with any follow-up care such as taking prescribed naltrexone or participating in a 12-step program, and participation in a monitoring program with random drug testing at the student’s expense, with results reported to the Dean of Students. The student is required to comply with all conditions of any monitoring contract the student has entered into with a state licensing authority. Additional conditions may be included in the reentry contract on a case by case basis.

Drug Violations can render students ineligible for federal student aid.
If you or someone you know is having difficulties because of alcohol or substance abuse, please seek assistance. The College and the Lincoln community include individuals and agencies with the resources to help. Professional Development Services (Mel Stutzman, 402-481-3831) or Continuum EAP (402-476-0186) are resources that can provide information and access to counseling, treatment, support groups and rehabilitation programs.

City and State Laws on Violations and Penalties for Abuse of Alcohol and Drugs
Liquor/Alcohol
Sale to minors and incompetents; prohibited. (53-180.)

No person shall sell, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent.

Minor misrepresenting age; unlawful. (53-180.01.)
No minor shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.

Prohibited acts relating to minors and incompetents; violations; penalties; possible alcohol overdose; actions authorized; false identification; penalty; law enforcement agency; duties. (53-180.05)
(1) Except as provided in subsection (2) of this section, any person who violates section 53-180 shall be guilty of a Class I misdemeanor.

(2) Any person who knowingly and intentionally violates section 53-180 shall be guilty of a Class IIIA felony and serve a mandatory minimum of at least thirty days' imprisonment as part of any sentence he or she receives if serious bodily injury or death to any person resulted and was proximately caused by a minor's (a) consumption of the alcoholic liquor provided or (b) impaired condition which, in whole or in part, can be attributed to the alcoholic liquor provided.

(3) Any person who violates any of the provisions of section 53-180.01 or 53-180.03 shall be guilty of a Class III misdemeanor.

(4)(a) Except as otherwise provided in subdivisions (b), (c), and (d) of this subsection, any person older than eighteen years of age and under the age of twenty-one years violating section 53-180.02 is guilty of a Class III misdemeanor.
(b) Subdivision (a) of this subsection shall not apply if the person:
(i) Made a good faith request for emergency medical assistance in response to the possible alcohol overdose of himself or herself or another person as soon as the emergency situation is apparent after such violation of section 53-180.02; (ii) Made the request for medical assistance under subdivision (b)(i) of this subsection as soon as the emergency situation is apparent after such violation of section 53-180.02; and
(iii) When emergency medical assistance was requested for the possible alcohol overdose of another person:

(A) Remained on the scene until the medical assistance arrived; and
(B) Cooperated with medical assistance and law enforcement personnel.
(c) The exception from criminal liability provided in subdivision (b) of this subsection applies to any person who makes a request for emergency medical assistance and complies with the requirements of subdivision (b) of this subsection.
(d) Subdivision (a) of this subsection shall not apply to the person experiencing a possible alcohol overdose if a request for emergency medical assistance in response to such possible alcohol overdose was made by another person in compliance with subdivision (b) of this subsection.
(e) A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer's compliance with subdivision (b), (c), or (d) of this subsection.

(5) Any person eighteen years of age or younger violating section 53-180.02 is guilty of a misdemeanor as provided in section 53-181 and shall be punished as provided in such section.

(6) Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years shall be guilty of a Class I misdemeanor. For purposes of this subsection, form of identification means any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.

(7) When a minor is arrested for a violation of sections 53-180 to 53-180.02 or subsection (6) of this section, the law enforcement agency employing the arresting peace officer shall make a reasonable attempt to notify such minor's parent or guardian of the arrest.

Minor; prohibited acts; exception; governing bodies; powers. (53-180.02.)
The governing bodies of counties, cities, and villages shall have the power to, and may by applicable resolution or ordinance, regulate, suppress, and control the transportation, consumption, or knowing possession of or having under his or her control beer or other alcoholic liquor in or transported by any motor vehicle, by any person under twenty-one years of age, and may provide penalties for violations of such resolution or ordinance.

Consumption of liquor on public property; forbidden; exceptions; license authorized. (53-186.)

  1. Except as provided in subsection (2) of this section, it shall be unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
  2. The commission may issue licenses for the sale of alcoholic liquor at retail (a) on lands owned by public power districts, public power and irrigation districts, the Bureau of Reclamation, or the Corps of Army Engineers or (b) for locations within or on structures on land owned by the state, cities, or villages or on lands controlled by airport authorities. The issuance of a license under this subsection shall be subject to the consent of the local governing body having jurisdiction over the site for which the license is requested as provided in the Nebraska Liquor Control Act.

Consumption of liquor in public places; license required; exception; violations; penalty. (53-186.01.)

  1. It shall be unlawful for any person owning, operating, managing, or conducting any dance hall, restaurant, cafe, or club or any place open to the general public to permit or allow any person to consume alcoholic liquor upon the premises except as permitted by a license issued for such premises pursuant to the Nebraska Liquor Control Act.
  2. It shall be unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, cafe, or club or any place open to the general public except as permitted by a license issued for such premises pursuant to the act.
  3. This section shall not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages.
  4. Any person violating subsection (1) of this section shall, upon conviction thereof, be subject to the penalties contained in section 53-1,100.
  5. Any person violating subsection (2) of this section shall be guilty of a Class III misdemeanor.

Controlled Substances

Prohibited acts; violations; penalties. (28-416.)

  1. Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally:
    1. To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or
    2. to create, distribute, or possess with intent to distribute a counterfeit controlled substance.
  2. Except as provided in subsections (4), (5), (7), (8), (9), and (10) of this section, any person who violates subsection (1) of this section with respect to:
    1. A controlled substance classified in Schedule I, II, or III of section 28-405 which is an exceptionally hazardous drug shall be guilty of a Class II felony;
    2. any other controlled substance classified in Schedule I, II, or III of section 28-405 shall be guilty of a Class III felony; or (c) a controlled substance classified in Schedule IV or V of section 28-405 shall be guilty of a Class IIIA felony.
  3. A person knowingly or intentionally possessing a controlled substance, except marijuana, unless such substance was obtained directly or pursuant to a medical order issued by a practitioner authorized to prescribe while acting in the course of his or her professional practice, or except as otherwise authorized by the act, shall be guilty of a Class IV felony.
  4. (a) Except as authorized by the Uniform Controlled Substances Act, any person eighteen years of age or older who knowingly or intentionally manufactures, distributes, delivers, dispenses, or possesses with intent to manufacture, distribute, deliver, or dispense a controlled substance or a counterfeit controlled substance
    •   (i) to a person under the age of eighteen years,

    •  (ii) in, on, or within one thousand feet of the real property comprising a public or private elementary, vocational, or secondary school, a community college, a public or private college, junior college, or university, or a playground, or

    •   (iii) within one hundred feet of a public or private youth center, public swimming pool, or video arcade facility shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), or (10) of this section, depending upon the controlled substance involved, for the first violation and for a second or subsequent violation shall be punished by the next higher penalty classification than that prescribed for a first violation of this subsection, but in no event shall such person be punished by a penalty greater than a Class IB felony.

      (b) For purposes of this subsection:

    •   (i) Playground shall mean any outdoor facility, including any parking lot appurtenant to the facility, intended

      for recreation, open to the public, and with any portion containing three or more apparatus intended for the recreation of children, including sliding boards, swingsets, and teeterboards:

    •   (ii) Video arcade facility shall mean any facility legally accessible to persons under eighteen years of age, intended primarily for the use of pinball and video machines for amusement, and containing a minimum of ten pinball or video machines: and

    •   (iii) Youth center shall mean any recreational facility or gymnasium, including any parking lot appurtenant to the facility or gymnasium, intended primarily for use by persons under eighteen years of age which regularly provides athletic, civic, or cultural activities.

  5. (a) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person eighteen years of age or older to knowingly and intentionally employ, hire, use, cause, persuade, coax, induce, entice, seduce, or coerce any person under the age of eighteen years to manufacture, transport, distribute, carry, deliver, dispense, prepare for delivery, offer for delivery, or possess with intent to do the same a controlled substance or a counterfeit controlled substance.
    (b) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person eighteen years of age or older to knowingly and intentionally employ, hire, use, cause, persuade, coax, induce, entice, seduce, or coerce any person under the age of eighteen years to aid and abet any person in the manufacture, transportation, distribution, carrying, delivery, dispensing, preparation for delivery, offering for delivery, or possession with intent to do the same of a controlled substance or a counterfeit controlled substance.(c) Any person who violates subdivision (a) or (b) of this subsection shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), or (10) of this section, depending upon the controlled substance involved, for the first violation and for a second or subsequent violation shall be punished by the next higher penalty classification than that prescribed for a first violation of this subsection, but in no event shall such person be punished by a penalty greater than a Class IB felony.

  6. It shall not be a defense to prosecution for violation of subsection (4) or (5) of this section that the defendant did not know the age of the person through whom the defendant violated such subsection.

  7. Any person who violates subsection (1) of this section with respect to cocaine or any mixture or substance containing a detectable amount of cocaine in a quantity of:
    (a) One hundred forty grams or more shall be guilty of a Class IB felony;
    (b) At least twenty-eight grams but less than one hundred forty grams shall be guilty of a Class IC felony; or (c) At least ten grams but less than twenty-eight grams shall be guilty of a Class ID felony.

  8. Any person who violates subsection (1) of this section with respect to base cocaine (crack) or any mixture or substance containing a detectable amount of base cocaine in a quantity of:
    (a) One hundred forty grams or more shall be guilty of a Class IB felony;
    (b) At least twenty-eight grams but less than one hundred forty grams shall be guilty of a Class IC felony; or (c) At least ten grams but less than twenty-eight grams shall be guilty of a Class ID felony.

  9. Any person who violates subsection (1) of this section with respect to heroin or any mixture or substance containing a detectable amount of heroin in a quantity of:
    (a) One hundred forty grams or more shall be guilty of a Class IB felony;
    (b) At least twenty-eight grams but less than one hundred forty grams shall be guilty of a Class IC felony; or
    (c) At least ten grams but less than twenty-eight grams shall be guilty of a Class ID felony.

  10. Any person who violates subsection (1) of this section with respect to amphetamine, its salts, optical isomers, and salts of its isomers, or with respect to methamphetamine, its salts, optical isomers, and salts of its isomers, in a quantity of;
    (a) One hundred forty grams or more shall be guilty of a Class IB felony;
    (b) At least twenty-eight grams but less than one hundred forty grams shall be guilty of a Class IC felony; or (c) At least ten grams but less than twenty-eight grams shall be guilty of a Class ID felony.

  11. Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor.

  12. Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony.

  13. Any person knowingly or intentionally possessing marijuana weighing one ounce or less shall:
    (a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course as prescribed in section 29-433 if the judge determines that attending such course is in the best interest of the individual defendant:
    (b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined four hundred dollars and may be imprisoned not to exceed five days; and
    (c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven days.

  14. Any person convicted of violating this section, if placed on probation, shall, as a condition of probation, satisfactorily attend and complete appropriate treatment and counseling on drug abuse provided by a program authorized under the Nebraska Behavioral Health Services Act or other licensed drug treatment facility.

  15. Any person convicted of violating this section, if sentenced to the Department of Correctional Services, shall attend appropriate treatment and counseling on drug abuse.

  16. Any person knowingly or intentionally possessing a firearm while in violation of subsection (1) of this section shall be punished by the next higher penalty classification than the penalty prescribed in subsection (2), (7), (8), (9), or (10) of this section, but in no event shall such person be punished by a penalty greater than a Class IB felony.

  17. A person knowingly or intentionally in possession of money used or intended to be used to facilitate a violation of subsection (1) of this section shall be guilty of a Class IV felony.

Unlawful acts; violations; penalty. (28-417.)

  1. It shall be unlawful for any person:

    1. To be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a practitioner. In a prosecution under this subdivision, it shall not be necessary for the state to prove that the accused was under the influence of any specific controlled substance, but it shall be sufficient for a conviction under this subdivision for the state to prove that the accused was under the influence of some controlled substance by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled substance.

  2. Any person who violates this section shall be guilty of a Class III misdemeanor.

Intentional violations; penalty. (28-418.)

  1. It shall be unlawful for any person knowingly or intentionally:
    (a) Who is a registrant to distribute a controlled substance classified in Schedule I or II of section 28-405 in the course of his or her legitimate business except pursuant to an order form as required by section 28-413;
    (b) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
    (c) To acquire or obtain or to attempt to acquire or obtain possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge;

  2. Any person who violates this section shall be guilty of a Class IV felony.

Inhaling or drinking certain intoxicating substances; unlawful. (28-419.)
No person shall breathe, inhale, or drink any compound, liquid, or chemical containing acetate, acetone, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, ethylene trichloride, hexane, isopropanol, isopropyi alcohol, methyl alcohol, methyl cellosolve acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachlorophenol, petroleum ether, toluene, toluol, trichloroathane, trichloroethylene, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, Inebriation, excitement, or irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, mental, or nervous processes, For the purposes of sections 28-419 to 28-424, any such condition so induced shall be deemed an intoxicated condition.

Selling or offering for sale certain compounds; use; knowledge of seller unlawful. (28-420.)
No person shall knowingly sell or offer for sale, deliver or give to any person any compound, liquid or chemical or any other substance which will induce an intoxicated condition as defined in section 28-419. when the seller, offerer or deliverer knows or has reason to know that such compound is intended for use to induce such condition.

Violations; penalty. (28-424.)
Any person who violates any provision of section 28-419, 28-420, 28-422, or 28-423 shall be guilty of a Class III misdemeanor.

Additional penalties. (28-427.)
Any penalty imposed for violation of the Uniform Controlled Substances Act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. A conviction or acquittal under federal law or the law of another state having a substantially similar law shall be a bar to prosecution in this state for the same act. If any person is convicted for violation of the Uniform Controlled Substances Act, in addition to any penalty imposed by the court, the court may order that such person make restitution to any law enforcement agency for reasonable expenditures made in the purchase of any controlled substances from such person or his or her agent as part of the investigation leading to such conviction.

Drug paraphernalia; use or possession; unlawful; penalty. (28-441.)

  1. It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431. and 28-439 to 28-444.
  2. Any person who violates this section shall be guilty of an infraction.

Drug paraphernalia; deliver or manufacture; unlawful; exception; penalty. (28-442.)

  1. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances in which one reasonably should know, that it will be used to manufacture, inject, ingest, or inhale or otherwise be used to introduce into the human body a controlled substance in violation of sections 28-101, 28-431. and 28-439 to 28-444.
  2. This section shall not apply to pharmacists who sell hypodermic syringes or needles for the prevention of the spread of infectious diseases.
  3. Any person who violates this section shall be guilty of a Class II misdemeanor.

Delivery of drug paraphernalia to a minor; penalty. (28-443.)
Any person eighteen years of age or older who violates section 28-442 by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior shall be guilty of a Class I misdemeanor.

Imitation controlled substance; prohibited acts; determination; penalties; seizure. (28-445.)

  1. Any person who knowingly and intentionally manufactures, distributes, delivers, or possesses with intent to distribute or deliver an imitation controlled substance shall:
    (a) For the first offense, be guilty of a Class III misdemeanor; and
    (b) For the second and all subsequent offenses, be guilty of a Class II misdemeanor.

Federal Trafficking Penalties (PDF) Located on the web at www.bryanhealthcollege.edu

Uses and Effects of Controlled Substances (PDF) Located on the web at www.bryanhealthcollege.edu

NOTE: Bryan College of Health Sciences complies with the Drug-Free School and Communities Act Amendments of 1989 (Public Law 101-226) through the publication of the Alcohol and Drugs Policy and other written materials distributed annually to students and employees.