The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools and Communities Act (DFSCA) require an Institution of Higher Education (IHE) such as Delta College (DC), to certify that it has implemented programs to prevent the abuse of alcohol and use, and /or distribution of illicit drugs both by DC students and employees either on its premises and as a part of any of its activities. At a minimum, an IHE must annually distribute the following in writing to all students and employees:

1. Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees;

2. A description of the legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol;

3. A description of the health risks associated with the use of illicit drugs and alcohol abuse;

4. A description of any drug or alcohol counseling, treatment, or rehabilitation or reentry programs that are available to employees or students; and

5. A clear statement that the institution will impose sanctions on students and employees and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct or law.

I. Standards of Conduct

A. Employees

Delta College is in compliance with the Drug-Free Workplace Act (41 U.S.C. 701) and the Drug Free Schools and Communities Act (20 U.S.C. 1145g).  See Delta College Board Approved Policies 8.005 (Alcohol) and 8.006 (Drugs) and the Drug Free Workplace Procedure.

B.  Students

Students attending Delta College are held responsible to our Student Code of Conduct. In addition to local, state and federal laws, our Student Code of Conduct prohibits:  Illegal or Unauthorized Possession/Use of Alcohol and Drugs.

This includes the unauthorized use, possession, manufacturing or distribution of illegal drugs, controlled substances, look-alike drugs, narcotics or alcoholic beverages or being under the influence of the same. Prohibited conduct includes the use of a prescription drug if the prescription was not issued to the student and sniffing toxic vapors.

Sanctions for violating this standard of conduct are outlined in Section V (B) below. A full version of the Student Code of Conduct can be found in the Student Handbook.

II. Legal Sanctions

The Delta College Department of Public Safety enforces all federal and state laws and local ordinances.

A. Federal

Federal law provides criminal and civil penalties for unlawful possession or distribution of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations include but are not limited to: incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal educational benefits (such as student loans and grants). 

Michigan Law Governing Marijuana
The Michigan Medical Marijuana Act (MMMA) conflicts with federal criminal laws governing controlled substances, as well as federal laws requiring institutions receiving federal funds, by grant or contract, to maintain drug-free campuses and workplaces. Delta College receives federal funding that would be in jeopardy if those federal laws did not take precedence over state law. Thus the use, possession or cultivation of marijuana in any form and for any purpose continues to violate the Rules and Regulations of Delta College and is prohibited at Delta College.

For a more detailed list of Federal offenses and sanctions please visit, Drug Scheduling and Penalties | Campus Drug Prevention.

B. State

The State of Michigan has numerous laws regulating the possession and use of controlled substances and alcohol. As an example, under current Michigan state law, “a person shall not knowingly or intentionally possess or distribute a controlled substance.” If an individual is found guilty of a violation of the state law, they may be subject to large fines and imprisonment. The penalty is based on many different factors, including the amount and type of drug, where the criminal act took place, and whether the criminal act was a first or repeat offense. For drug possession offenses, the statutorily authorized penalties range from (1) a$100 fine for a person under 21 years of age who possesses not more than 2.5 ounces of marijuana to (2) up to 20 years imprisonment and/or $250,000 fine for possession of narcotics (Cocaine, heroin or another narcotic)

State of Michigan controlled substance laws and penalties

The State of Michigan laws and penalties for unlawful possession of a controlled substance can be found at Michigan Public Health Code 333.7403.

The State of Michigan laws and penalties for unlawful manufacture, delivery, possession with intent to deliver narcotics can be found at Michigan Public Health Code 333.7401.

The State of Michigan laws and penalties for unlawful manufacture, delivery, possession with intent to deliver counterfeit narcotics or narcotic analogues can be found at Michigan Public Health Code 333.7402.

The State of Michigan laws and penalties for a variety of other narcotic related violations, such as possession of paraphernalia, may be found at Michigan Public Health Act.

The State of Michigan has a number of laws and penalties related to narcotics and motor vehicles. A comprehensive guide to the laws and penalties for driving related offenses may be found at Impaired Driving Law (michigan.gov).

State of Michigan marijuana laws and penalties

On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Cannabis Regulatory Agency (CRA) is responsible for the oversight of medical and Adult-Use Establishments (michigan.gov) marijuana in Michigan.

Resources for the adult use and medical use of marijuana in Michigan may be found at Cannabis Regulatory Agency (michigan.gov).

State of Michigan alcohol laws and penalties

The State of Michigan laws and penalties for underage or otherwise unlawful possession of an alcoholic beverage and unlawful use, possession, or furnishing of false identification to a minor can be found at MCL 436.1703.

Additional information is available from the Michigan Office of Highway Safety Planning (OHSP) at Under_21_Brochure_update_2018.pdf (michigan.gov). 

The State of Michigan laws and penalties for public intoxication can be found at MCL 750.167.

The State of Michigan has a number of laws and penalties related to alcohol and motor vehicles. A comprehensive guide to the laws and penalties for driving related offenses may be found Impaired Driving Law (michigan.gov).

The laws and penalties related to the manufacture and retail sale of alcoholic beverages in the State of Michigan may be found at Michigan Liquor Control Code of 1998.

C. Local

Local municipalities may have ordinances that include but are not limited to penalties for: consumption of alcohol in public places and the possession, manufacture, delivery, and advertising of drug paraphernalia. Sanctions could range from a civil infraction with attached fines to probation, rehabilitation, or even imprisonment.

A full version of Bay County ordinances can be found at Bay County Municipal Code.

A full version of Bay City ordinances can be found at Bay City Local Ordinances.

A full version of Saginaw County ordinances can be found at Saginaw County Ordinances.

A full version of Saginaw City ordinances can be found at Saginaw City Ordinances.

A full version of the City of Midland ordinances can be found at Midland City Ordinance - Intoxicating Liquor.

III. Health Risks

According to the National Institute of Drug Abuse (NIDA), the following are risks associated with drugs and alcohol abuse.¹

¹ Information regarding health risks associated with drug abuse was obtained from the National Institute of Drug Abuse (NIDA) website (website last visited on 1/21/14).

A. Drug Abuse 

The following is a list of the most frequently used drugs and the risks associated with their use. 

1. Cannabinoids (marijuana & hashish) 
   Known risks are cough, frequent respiratory infections, possible mental health decline and addiction.
2. Opioids (heroin & opium)
   Known risks are constipation, endocarditis, hepatitis, HIV, addiction and fatal overdose.
3. Stimulants (cocaine, amphetamine & methamphetamine)
   Known risks are weight loss, insomnia, cardiac or cardiovascular complications, stroke, seizures and addiction. Specific risks associated with cocaine use include nasal damage from snorting. Specific risks associated with methamphetamine use include severe dental problems.
4. Depressants (barbiturates, benzodiazepines & sleep medications)
   Known risks are lowered blood pressure, slowed breathing, tolerance, withdrawal, addiction; increased risk of respiratory distress and death when combined with alcohol. 
5. Club Drugs (MDMA-methylene-dioxy-methamph-etamine) also known as: [Ecstasy, (also known as: Adam, clarity, Eve, lover's speed, peace, uppers)]; Flunitrazepam [also known as: Rohypnol: forget-me pill, Mexican Valium, R2, roach, Roche, roofies, roofinol, rope, rophies]; GHB [also known as: Gamma- hydroxybutyrate: G, Georgia home boy, grievous bodily harm, liquid ecstasy, soap, scoop, goop, liquid X])
   Known risks are sleep disturbances, depression, impaired memory, hyperthermia, addiction. Risks specific to GHB are unconsciousness, seizures, and coma. 
6. Dissociative Drugs (Ketamine [also known as: Ketalar SV: cat Valium, K, Special K, vitamin K]; PCP and analogs [also known as: Phencyclidine: angel dust, boat, hog, love boat, peace pill]; Salvia divinorum [also known as: Salvia, Shepherdess's Herb, Maria Pastora, magic mint, Sally-D]; Dextrometh- orphan (DXM) [also known as: cough and cold medications: Robotripping, Robo, Triple C]).
   Known risks are anxiety, tremors, numbness, memory loss, and nausea.
7. Hallucinogens (LSD [also known as: Lysergic acid diethylamide: acid, blotter, cubes, microdot yellow sunshine, blue heaven]; Mescaline [also known as: buttons, cactus, mesc, peyote]; Psilocybin [also known as: Magic mushrooms, purple passion, shrooms, little smoke])
   Known risks are flashbacks and Hallucinogen Persisting Perception Disorder.
8. Other Compounds (Anabolic steroids [also known as: Anadrol, Oxandrin, Durabolin, Depo-Testosterone, Equipoise: roids, juice, gym candy, pumpers]; Inhalants [also known as: Solvents (paint thinners, gasoline, glues); gases (butane, propane, aerosol propellants, nitrous oxide); nitrites (isoamyl, isobutyl, cyclohexyl): laughing gas, poppers, snappers, whippets])
   Known risks for anabolic steroids are hypertension, blood clotting and cholesterol changes, liver cysts, hostility and aggression, acne, (in adolescents) premature stoppage of growth, (in males) prostate cancer, reduced sperm production, shrunken testicles, breast enlargement, (in females) menstrual irregularities, and development of beard and other masculine characteristics. For inhalants, the known risks are “cramps, muscle weakness, depression, and memory impairment, damage to cardiovascular and nervous systems, unconsciousness, and sudden death.

B.  Prescription Drug Abuse

Commonly abused classes of prescription drugs include opioids (for pain), central nervous system (CNS) depressants (for anxiety and sleep disorders), and stimulants (for ADHD and narcolepsy). The use of prescription medications by anyone other than the prescribed individual is illegal and dangerous. Known health risks for inappropriate or illegal use include those listed above for these drug categories.

C. Nicotine Abuse

Nicotine can be found in cigarettes, cigars, bidis, and smokeless tobacco (snuff, spit tobacco, chew). Known health risks include chronic lung disease, cardiovascular disease, stroke, cancers of the mouth, pharynx, larynx, esophagus, stomach, pancreas, cervix, kidney, bladder, and acute myeloid leukemia; adverse pregnancy outcomes and addiction.

D. Alcohol Abuse

Known health risks include increased risk of injuries, violence, fetal damage (in pregnant women), depression, neurologic deficits, hypertension, liver and heart disease, addiction and fatal overdose.

Alcohol affects every organ in the drinker's body and can damage a developing fetus. Intoxication can impair brain function and motor skills; heavy use can increase risk of certain cancers, stroke, and liver disease. Alcoholism or alcohol dependence is a diagnosable disease characterized by a strong craving for alcohol, and/or continued use despite harm or personal injury. Alcohol abuse, which can lead to alcoholism, is a pattern of drinking that results in harm to one's health, interpersonal relationships, or ability to work.

IV. Drug and Alcohol Programs

The following training, programs, resources, counseling, treatment, rehabilitation or reentry programs are available to employees and/or students as described below.

A.  Employees

• The Human Resources Department offers a free online training module for all employees, through KnowBe4, on drug and alcohol awareness.
• The College offers an Employee Assistance Program (EAP), contracted through Telus, free and accessible to any employee 24 hours a day, seven days a week who may be seeking confidential counseling, assessment and/or treatment options. The EAP is a benefit paid for by the College in addition to other employee benefits. Employees are eligible for up to three pre-treatment and assessment interviews at no cost for problems requiring further assistance. 
• Substance abuse needs are also covered by all medical plans offered by Delta College. Employees pay only their plan's deductible or co-pay for all treatment services. 
• Leaves of Absence. Delta College offers leaves covered under the Family and Medical Leave Act and those not covered by the Act. Employees may work with Delta’s Human Resources Department to request a leave to participate in treatment, and the reason for the leave is maintained confidentially. Leaves may be full leaves, meaning the employee is entirely absent from work, or the employee may take an intermittent leave of absence. Leaves are coordinated through and documented by the employee’s treatment provider. 

B. Students

• At the end of each anonymous screening, the student will receive an immediate result that can be printed and taken to a clinician for further evaluation. A screening test is not a substitute for a complete evaluation but it can help them learn if their symptoms are consistent with depression, bipolar disorder, an alcohol problem, an anxiety disorder or post-traumatic stress disorder and how to access help. This program is designed for individuals age 17 and above. The online screening is completely confidential. 
• Prior to spring break week each March, the Student & Civic Engagement office partners with Public Safety to host a “Safe Spring Break” event on the main campus educating students on the importance of making safe, responsible choices while on spring break.  Public Safety officers are engaged in discussion with students around this topic, flyers/pamphlets regarding binge drinking education, sexual assault and other risky behaviors are distributed to students creating opportunities for awareness, education and further discussion.  As part of the event, students are provided an opportunity to wear drunk driving simulation goggles and experience a mock field sobriety test.  The event is co-sponsored by Fabiano Brothers, a local beer/wine distributor as part of their on-going efforts to educate the community on drinking responsibly.
• Through the Delta College Counseling/Advising & Career Services Department’s Counseling Center, students have free access to licensed counselors on campus for initial screening/consultation in regards to a concern around substance use, with possible referral to an outside agency. 
• Student athletes are presented with general information during their Orientation about alcohol/drug use, as well as resources if they find themselves struggling with abuse. 

C.  Local Resources

The following drug and alcohol related services and resources are available through local agencies.

Bay County

• Access Alliance of Michigan (AAM) - Substance abuse treatment. Phone 989-497-1302
• Al-Anon Family Groups - Support services for friends and families of addicts in Michigan
• Alcoholic Anonymous 24-Hour Help Line - Phone 1-800-662-4357
• Narcotics Anonymous - Phone 1-800-801-7177 (in the 989 area code only)
• Sacred Heart Rehabilitation Services - Substance abuse treatment. Phone 989-894-2991 

Midland County

• Al-Anon Family Groups  - Support services for friends and families of addicts in Michigan
• Alcoholic Anonymous 24-Hour Help Line - Phone 1-800-662-4357
• Narcotics Anonymous - Phone 1-800-801-7177 (in the 989 area code only)
• Northern Michigan Substance Abuse Services (NMSAS) - Substance Abuse treatment.  Phone 1-800-686-0749
• Sacred Heart Rehabilitation Services - Substance abuse treatment. Phone 989-894-2991
• Partners in Change: Psychological and Community Service, PLC. - Outpatient mental health and substance abuse treatment services. Phone 989-832-2165
• J and A Counseling - Specializing in Substance Abuse, Addiction Treatment & Mental Health Services - Phone 989-631-4092

Saginaw County

• Al-Anon Family Groups - Support services for friends and families of addicts in Michigan
• Alcoholic Anonymous 24-Hour Help Line - Phone 1-800-662-4357
• Narcotics Anonymous - Phone 1-800-801-7177 (in the 989 area code only)
• Prevention and Youth Services - Substance abuse prevention services for schools and community groups, families, children, and adolescents. Phone 989-755-0937
• Recovery Court - Recovery treatment courts are specially designed, treatment focused programs. The purpose is to reduce recidivism and substance abuse among nonviolent, drug addicted, chronic criminal offenders. 
• Sacred Heart Rehabilitation Services - Behavioral health services including substance use disorder prevention and treatment, mental illness treatment and HIV/AIDS prevention and care management. Phone 989-776-6000 ext. 7514
• Saginaw County Public Health Department - Physical health services and substance abuse and treatment and prevention services. Phone 989-758-3800

V. Disciplinary Sanctions

Delta College will impose sanctions on students and employees for violation of Delta’s policies and standards of conduct (consistent with federal, state, and local laws) up to and including reprimands, expulsion, termination, and referral for prosecution. Possible sanctions are described in more detail below.

A. Employees

The Director of Human Resources handles matters that require disciplinary action at Delta College. The concept of progressive discipline will be utilized in most cases, taking into consideration the severity of the incident, prior disciplinary action, etc. 

The following corrective actions (sanctions) may be imposed by the College for a drug and alcohol violation: 

1. Verbal Notice. The supervisor will meet with the employee to discuss the problem and the improvements that are expected. The supervisor will document the meeting and place a copy of the results of that meeting in the department’s employee file. 
2. Written Warning. A formal, written reminder documenting the problem and expected improvements. A copy of the formal written notice is provided to the employee, is placed in the department file and the Human Resources employee file. 
3. Suspension Without Pay. A formal, written explanation of the problem and time off to emphasize the seriousness of the problem and that dramatic behavior change is needed immediately. A copy of the suspension without pay notice is provided to the employee, is placed in the department file and the Human Resources employee file. 
4. Final Written Warning. The College may, at its discretion, choose to impose a final written warning in lieu of suspension. Exempt salaried personnel who are suspended for less than one week shall receive their wages in accordance with the Fair Labor Standards Act. 
5. Termination. When it has been determined that an employee is unable or unwilling to meet the conditions of employment at Delta College, termination results.  

B.  Students

The Office of the Vice President of Student Empowerment and Success handles matters that require disciplinary action at Delta College. The concept of progressive discipline will be utilized in all cases, taking into consideration the severity of the incident, the number of times the student has been referred to the conduct system, etc. 

The following sanctions may be imposed by the College for general misconduct: 

1. Verbal reprimand. A formal and documented conversation by an authorized College official with a student regarding a violation and possible consequences if misconduct continues. 
2. Written reprimand. A formal document from an authorized College official to a student regarding a violation. This document will be preserved in a student record. 
3. Disciplinary probation. The imposition of a period of observation and review of conduct during which the student or recognized student organization must demonstrate compliance with College standards. Terms of this probationary period will be determined at the time probation is imposed. 
4. Disciplinary suspension. A temporary loss of student status or recognition as a student organization for a specified length of time. 
5. Permanent Expulsion. The termination of a student’s enrollment at Delta College. This means the student may no longer participate in any Delta College activity or be on Delta College property owned, operated, leased, or maintained for any purpose. 
6. Other Sanctions. Conditions or discipline may be imposed instead of, or in addition to, specific sanctions listed in this section. These may include, but are not limited to: recommendations for counseling, establishment of mandatory behavior conditions/contract-signing stating agreed-upon behavior expectations for continued enrollment or re-enrollment; loss of access to college computers and/or network; a specific project designed to assist the student in better understanding the overall impact of his or her behavioral infraction; a contract of terms for restitution of damages/stolen property before enrollment is continued and/or records are released; suspension without pay from  his or her on campus job; restricted participation in extra-curricular activities or interscholastic or leadership positions, or community service. 
7. Withdrawal Agreement. A mutual plan reached in certain cases where a student’s behavior and continued enrollment may adversely affect his or her well-being. A designated official of the College and the student may agree to discontinue the student’s attendance at Delta College for a specified amount of time and agree to conditions for re-admittance to the College. In such instances, both the designated official and the student will sign a written Withdrawal Agreement. 
8. Loss of Recognition. An applicable sanction for student organizations, only. Delta College student organizations may lose recognition and will be deprived of the use of College resources, the use of the College’s name, and the right to participate in College or campus-sponsored activities. This loss of recognition may be for a specific period of time or for an indefinite period of time until all conditions are met. 

A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student for FSA funds. Convictions only count against a student for aid eligibility purposes if they were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid - they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug trafficking by a federal or state judge. Also, a conviction that was reversed, set aside, or removed from the student's record does not count, nor does one received when the student was a juvenile, unless the student was tried as an adult.

VI. Notification of the DAAPP

A.  Employee Notification

Notification of the information contained in the DAAPP is distributed to all current employees of the college on an annual basis via an all-staff email and Inside Delta. New employees will receive notification during their orientation process. The DAAPP is also available for review online.

B.  Student Notification

Notification of the information contained in the DAAPP is distributed to all currently enrolled students each semester via email and featured on Inside Delta. The DAAPP is also available for review online.

VII. Oversight Responsibility

The Vice President of Student Empowerment and Success and the Director of Human Resources shall serve as the main contacts that will have oversight responsibility of the DAAPP including, but not limited to: updates, coordination of information required in the DAAPP, and coordination of the annual notification to employees and students and the biennial review. The DAAPP Committee has been established to assist with these responsibilities. This team is responsible to the College President and provides a report to the President’s Cabinet annually.