Drug-Free Campus

University Policy FPU-1.0036P prohibits the unlawful manufacture, alteration, possession, use, distribution, or dispensation of a controlled substances or use of any illicit drugs by the University community on its property, or as part of any University-sponsored activity.

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University policy FPU-1.0003P establishes guidelines and procedures for the legal and responsible use of alcohol on University premises. The use of alcoholic beverages by members of the University community on University premises is subject to the applicable alcoholic beverage laws and ordinances of the State of Florida, the City of Lakeland, and Polk County at all times. No person may sell, furnish, or give alcohol to any person under the age of 21.

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University regulation 3.006 prohibits the following misconduct:

• Use, possession, manufacture, sale, or distribution of marijuana, heroin, narcotics, or other controlled substances, except as expressly permitted by law. This includes the misuse of prescription drugs, paraphernalia used for drugs (e.g., bongs, glass pipes, etc.), and the non-prescribed use, inhalation, or ingestion of a substance (e.g., nitrous oxide, glue, paint, etc.) that could alter a person’s mental state.
• Use, consumption, possession, manufacture, sale, or distribution of alcoholic beverages (except as expressly permitted by University policies), paraphernalia used for consumption of alcohol (e.g., kegs, bongs, etc.), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under the age of 21.
• Attending class, an organizational meeting, or other University event that is specific for an educational purpose while under the influence of the substances listed in the section above.
• Control or operation of any vehicle, including non-motorized vehicles, while impaired by alcohol or another substance.

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Alcohol is a central nervous system depressant that leads to the loss of control over judgment and a loss of inhibitions. Alcohol decreases motor coordination and control resulting in blurred vision, slurred speech, and loss of balance. This impairment can occur even at low levels of blood alcohol. When alcohol is abused, there is a significantly increased incidence of physical injury, motor vehicle accidents (nearly half of all fatal accidents), and injuries from assaults. High-risk drinking (loosely defined as getting drunk or binge use) is associated with an increased risk of sexual assault, alcohol poisoning, and poor academic performance.

Excessive drinking over time is associated with the following health problems and conditions:

Brain: Alcohol interferes with the brain’s communication pathways and can affect the way the brain looks and works. These disruptions can change mood and behavior and make it harder to think clearly and move with coordination.

Heart: Consuming a large amount over a long period of time or too much on a single occasion can damage the heart, causing problems including:

• Cardiomyopathy, or stretching and drooping of heart muscle
• Arrhythmias, or irregular heartbeat
• Stroke
• High blood pressure

Liver: Heavy drinking takes a toll on the liver, and can lead to a variety of problems and liver inflammations including:

• Steatosis, or fatty liver
• Alcoholic hepatitis
• Fibrosis
• Cirrhosis

Pancreas: Alcohol causes the pancreas to produce toxic substances that can eventually lead to pancreatitis, a dangerous inflammation and swelling of the blood vessels in the pancreas that prevents proper digestion.

Cancer: Drinking too much alcohol can increase your risk of developing certain cancers, including cancers of the head, neck, esophagus, liver, breast, and bowels.

Immune System: Drinking too much can weaken your immune system, making your body a much easier target for disease. Chronic drinkers are more liable to contract diseases like pneumonia and tuberculosis than people who do not drink too much. Drinking a lot on a single occasion slows your body’s ability to ward off infections, even up to 24 hours after getting drunk.

[Source: National Institute on Alcohol Abuse and Alcoholism]

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Substance	Nicknames/Slang Terms	Short-Term Effects	Long-Term Effects
Amphetamines	uppers, speed, meth, crack, crystal, ice, pep pills	increased heart rate, increased blood pressure, dry mouth, loss of appetite, restlessness, irritability, anxiety	delusions, hallucinations, heart problems, hypertension, irritability, insomnia, toxic psychosis, physical dependence
Barbiturates and Tranquilizers	barbs, bluebirds, blues, yellow jackets, red devils, roofies, Rohypnol, ruffies, tranqs, mickey, flying V's	slurred speech, muscle relaxation, dizziness, decreased motor control	severe withdrawal symptoms, possible convulsions, toxic psychosis, depression, physical dependence
Cocaine	coke, crack, snow, powder, blow, rock	loss of appetite, increased blood pressure and heart rate, contracted blood vessels, nausea, hyper-stimulation anxiety, paranoia, increased hostility, increased rate of breathing, muscle spasms and convulsions, dilated pupils, disturbed sleep	depression, weight loss, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury, and kidney, liver and lung damage
Gamma-Hydroxybutyrate	GHB, liquid B, liquid X, liquid ecstasy, G, Georgia homeboy, grievous bodily harm	euphoria, decreased inhibitions, drowsiness, sleep, decreased body temperature, decreased heart rate, decreased blood pressure	memory loss, depression, severe withdrawal symptoms, physical dependence, psychological dependence
Heroin	H, junk, smack, horse, skag	euphoria, flushing of the skin, dry mouth, “heavy” arms and legs, slowed breathing, muscular weakness	constipation, loss of appetite, lethargy, weakening of the immune system, respiratory (breathing) illnesses, muscular weakness, partial paralysis, coma, physical dependence, psychological dependence
Ketamine	K, super K, special K	dream-like states, hallucinations, impaired attention and memory, delirium, impaired motor function, high blood pressure, depression	urinary tract and bladder problems, abdominal pain, major convulsions, muscle rigidity, increased confusion, increased depression, physical dependence, psychological dependence
LSD	acid, stamps, dots, blotter, A-bombs	dilated pupils, change in body temperature, blood pressure and heart rate, sweating, chills, loss of appetite, decreased sleep, tremors, changes in visual acuity, mood changes	may intensify existing psychosis, panic reactions, can interfere with psychological adjustment and social functioning, insomnia, physical dependence, psychological dependence
MDMA	ecstasy, XTC, Adam, X, rolls, pills	impaired judgment, confusion, confusion, blurred vision, teeth clenching, depression, anxiety, paranoia, sleep problems, muscle tension	same as LSD, sleeplessness, nausea, confusion, increased blood pressure, sweating, depression, anxiety, memory loss kidney failure, cardiovascular problems, convulsions death, physical dependence, psychological dependence
Marijuana/ Cannabis	pot, grass, dope, weed, joint, bud, reefer, doobie, roach	sensory distortion, poor coordination of movement slowed reaction time, panic, anxiety	bronchitis, conjunctivitis, lethargy, shortened attention span, suppressed immune system, personality changes, cancer, psychological dependence, physical dependence possible for some
Mescaline	peyote cactus	nausea, vomiting, anxiety, delirium, hallucinations, increased heart rate, blood pressure, and body temperature	lasting physical and mental trauma, intensified existing psychosis, psychological dependence
Morphine	M, morf, duramorph, Miss Emma, monkey, Roxanol, white stuff	euphoria, increased body temperature, dry mouth, “heavy” feeling in arms and legs	constipation, loss of appetite, collapsed veins, heart infections, liver disease, depressed respiration, pneumonia and other pulmonary complications, physical dependence, psychological dependence
PCP	crystal, tea, angel dust, embalming fluid, killer weed, rocket fuel, supergrass, wack, ozone	shallow breathing, flushing, profuse sweating, numbness in arms and legs, decreased muscular coordination, nausea, vomiting, blurred vision, delusions, paranoia, disordered thinking	memory loss, difficulties with speech and thinking, depression, weight loss, psychotic behavior, violent acts, psychosis, physical dependence, psychological dependence
Psilocybin	mushrooms, magic mushrooms, shrooms, caps, psilocybin, psilocyn	nausea, distorted perceptions, nervousness, paranoia	confusion, memory loss, shortened attention span, flashbacks may intensify existing psychosis
Steroids	roids, juice	increased lean muscle mass, increased strength, acne, oily skin, excess hair growth, high blood pressure	cholesterol imbalance, anger management problems, masculinization of women, breast enlargement in men, premature fusion of long bones preventing attainment of normal height, atrophy of reproductive organs, impotence, reduced fertility, stroke, hypertension, congestive heart failure, liver damage, psychological dependence

[Source: U.S. Department of Justice Drug Enforcement Agency]

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Possession or sale of alcohol under the age of 21

• First offense: second-degree misdemeanor – Florida Statute 111
• Second offense: first-degree misdemeanor – Florida Statute 111

Possession of a fake identification card

• First offense: third-degree felony – Florida Statute 212

Sharing an identification card

• First offense: third-degree felony – Florida Statute 212

Fictitious or unlawfully altered identification card

• First offense: third-degree felony – Florida Statute 212

Misrepresenting or misstating age of self or another for alcohol consumption under the age of 21

• First offense: second-degree misdemeanor – Florida Statute 11

Second-degree misdemeanors are punishable with a $500 fine and a definite term of imprisonment not exceeding 60 days.

First-degree misdemeanors are punishable with a definite term of imprisonment not exceeding 1 year.

Third-degree felonies are punishable with a $5,000 fine, license suspension, and a term of imprisonment not exceeding five years.

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Under Florida law, driving under the influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

Driving under 21 and under the influence of alcohol with blood alcohol concentration (BAC) of 0.02 or higher

• First offense – Florida Statute 322.2616

Lawful detainment

• Suspension of driving privileges for six months
• Second offense – Florida Statute 322.2616
  • • Lawful detainment
    • Suspension of driving privileges for one year
  • Driving under 21 and under the influence of alcohol with a BAC of 0.05 or higher
    • First offense – Florida Statute 322.2616
      • Lawful detainment
      • Suspension of driving privileges until completion of sanctions
      • Completion of a substance abuse course
      • Completion of a substance abuse evaluation

 DUI fine schedule, per section 316.193, Florida statutes.

• First conviction:
• Not less than $500 or more than $1,000.
• If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.
• Second conviction:
• Not less than $1,000 or more than $2,000.
• If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $2,000 or more than $4,000.
• Third conviction (within 10 years from the second offense):
• Not less than $2,000 or more than $5,000.
• If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
• Third conviction (more than 10 years from second):
• Not less than $2,000 or more than $5,000.
• If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.
• Fourth or subsequent conviction: 
• Not less than $2,000.
• If BAL was .15 or higher, or if there was a minor in the vehicle, not less than $4,000.

To review the complete statutory language, please refer to sections 316.193(2)(a)-(b), (4)(a), Florida Statutes.

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.

• First conviction:
• Imprisonment for not more than six months.
• If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.
• Second conviction:
• Imprisonment for not more than nine months.
• If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than 12 months.
• If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
• Third conviction:
• If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive.
• If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.
• Fourth or subsequent conviction:

• Imprisonment for not more than five years, or as provided in section , Florida statutes, if habitual/violent offender.

To review the complete statutory language, refer to sections 316.193 (2)(a) 2, 4(b), (6)(b)-(c),  775.082(3)(e), and 775.084, Florida statutes.

Impoundment or immobilization of vehicle

Unless the family of the defendant has no other transportation:

• First conviction = 10 days
• Second conviction within five years of a prior conviction = 30 days
• Third conviction within 10 years of a prior conviction = 90 days

Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles owned by the defendant if they are operated solely by employees of the defendant or any business owned by the defendant.

To review the complete statutory language, please refer to section 316.193 (6), Florida Statutes.

Conditions for release of those arrested for DUI

• The person is no longer under the influence and the person’s normal faculties are no longer impaired
• The person’s blood/breath alcohol level is lower than 0.05; or
• Eight hours have elapsed from the time the person was arrested.

To review the complete statutory language, please refer to section 316.193 (9), Florida statutes.

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Manufacture or Delivery Florida Statutes 893.13 & 893.03
Illegal Drug	First-Degree Felony	Second-Degree Felony	Third-Degree Felony
Heroin		x
Cocaine		x
Morphine		x
Peyote			x
Barbiturates			x
Amphetamines			x
Lysergic Acid (LSD)			x
Methaqualone		x
Phencyclidine		x
Ketamine			x
GHB		x
Ecstasy	x
Possession Florida Statutes 893.147
Illegal Drug	First-Degree Felony	Second-Degree Felony	Third-Degree Felony
Heroin			3 grams and under
Cocaine			27 grams and under
Morphine			3 grams and under
Peyote			9 grams and under
Barbiturates
Amphetamines
Lysergic Acid (LSD)			9 grams and under
Methaqualone
Phencyclidine
Ketamine
GHB
Ecstasy			9 grams and under

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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.

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Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs will have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work-study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility can regain eligibility by successfully completing an approved drug rehabilitation program.

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Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued, and property is seized, at the time an individual is arrested on charges that may result in forfeiture.

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Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

If death or serious bodily injury result from the use of a controlled substance that has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.

Those convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines that are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.

 

Drug/Substance	Amount	Penalty - First Conviction
Barbiturates	Any amount	Up to five years prison. Fine up to $250,000.
Cocaine	5 kilograms or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
Cocaine	Less than 100 grams	10-63 months prison. Fine up to $1 million.
Crack Cocaine	50 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
Crack Cocaine	5-49 grams	Not less than five years prison, not more than 40 years. Fine up to $2 million.
Crack Cocaine	5 grams or less	10-63 months prison. Fine up to $1 million.
Ecstasy	Any amount	Up to 20 years imprisonment. Fine up to $1 million. Three years of supervised release (following prison).
GHB	Any amount	Up to 20 years imprisonment. Fine up to $1 million. Three years of supervised release (following prison).
Hashish	10-100 kilograms	Up to 20 years imprisonment. Fine up to $1 million..
Hashish	10 kilograms or less	Up to five years imprisonment. Fine up to $250,000.
Hash Oil	1-100 kilograms	Up to 20 years imprisonment. Fine up to $1 million.
Hash Oil	1 kilogram or less	Up to five years imprisonment. Fine up to $250,000.
Heroin	1 kilogram or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
Heroin	100-999 grams	Not less than five years prison, not more than 40 years. Fine up to $2 million
Heroin	100 grams or less	10-63 months prison. Fine up to $1 million
Ketamine	Any amount	Up to five years imprisonment. Fine up to $250,000. Two years of supervised release.
LSD	10 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
LSD	1-10 grams	Not less than five years prison, not more than 40 years. Fine up to $2 million.
Marijuana	1000 kilograms or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
Marijuana	100-999 kilograms	Not less than 5 years prison, not more than 40 years. Fine up to $2 million.
Marijuana	50-99 kilograms	Up to 20 years imprisonment. Fine up to $1 million.
Marijuana	50 kilograms or less	Up to five years imprisonment. Fine up to $250,000.
Methamphetamine	50 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
Methamphetamine	10-49 grams	Not less than five years prison, not more than 40 years. Fine up to $2 million
Methamphetamine	10 grams or less	10-21 months prison. Fine up to $1 million.
PCP	100 grams or more	Not less than 10 years prison, not more than life. Fine up to $4 million.
PCP	10-99 grams	Not less than five years prison, not more than 40 years. Fine up to $2 million.
PCP	10 grams or less	10-21 months prison. Fine up to $1 million.
Rohypnol	1 gram or more	Up to 20 years imprisonment. Fine up to $1 million.
Rohypnol	Less than 30 milligrams	Up to five years imprisonment. Fine up to $250,000.

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Those convicted of federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000.

Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than five years but not more than 20 years and a fine up to $250,000, or both if:

• It is a first conviction and the amount of crack possessed exceeds 5 grams
• It is a second conviction and the amount of crack possessed exceeds 3 grams
• It is a third or subsequent crack conviction and the amount exceeds 1 gram

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

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CARE Services (Florida Poly’s health and wellness program) can help students identify and overcome barriers that affect a student’s ability to be successful at Florida Poly. These barriers can be academically related, but they can also include mental health concerns, financial concerns, or personal concerns.

CARE services can help students get involved or connected on campus or within the community. Sometimes it can be difficult to navigate the University system in order to access services or resources. Staff can help students navigate these services or develop an action plan for academic success.

The University provides free, voluntary, and confidential counseling services for Florida Poly students facing personal issues that interfere with their academic success.

Counselors can help students work through most personal issues that may affect their success at Florida Poly including:

• Anxiety
• Depression
• Conflict resolution
• Managing stress
• Overcoming procrastination
• Post-traumatic stress
• Substance abuse/addictions
• Time management
• Social problems/relationships

During evenings and weekends, students are encouraged to reach out to the following resources:

If you are in crisis and need immediate help, dial 911 or visit Lakeland Regional Medical Center’s emergency room.

 

BayCare’s Student Assistance Program (free/confidential/voluntary)

24-Hour Line: 800-878-5470

Peace River Center

24-Hour Crisis Line: 800-627-5906

 

National Suicide Prevention Lifeline

24-Hour Hotline: 800-273-825

 

To schedule an appointment, email care@floridapoly.edu or contact Kristin Stokes, the University’s care manager at 863-874-8599, or visit the Academic Success Center East location in residence hall II.

 

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Florida Poly has partnered with BayCare to provide all employees with an Employee Assistance Program. Enhancing the well-being and dignity of each team member is vital to the success of our organization. For more than 20 years, BayCare's Employee Assistance Program (EAP) has been helping employees manage the stresses of work and everyday life by providing a confidential support system. From work issues to problems at home, issues affecting an employee's personal or professional life can be addressed with short-term assistance services. These services provide an initial assessment, assist with problem resolution and initiate referral services for the employee or their family members if necessary.

Help is available for:

• Alcohol and drug abuse
• Anger management
• Anxiety
• Grief
• Financial stress
• Relationship issues
• Stress
• Personal problems
• Family concerns
• Raising children

For confidential assistance, employees can contact the Employee Assistance Program at 800-878-5470 or BayCareEAP@BayCare.org.

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A student who is found responsible for violating the University’s drug or alcohol policies may face sanctions commensurate with the offense with consideration given to any aggravating and mitigating circumstances. Sanctions that may be imposed upon those responsible include, but are not limited to:

• Deactivation. The loss of all privileges, including University recognition, for a specified period of time for registered student organizations.
• Discretionary educational sanctions. Work assignments, essays, service to the University, or other related discretionary sanctions.
• Fines. Previously established and published financial fines may be imposed.
• Loss of privileges. Denial of specified privileges for a designated period of time.
• Probation. A designated period of time where more severe disciplinary sanctions will be imposed if a student is found to violate the Student Code of Conduct during the probation period.
• Residence hall expulsion. Permanent separation from the residence halls.
• Residence hall suspension. Separation from the residence halls for a definite period of time, after which a student is eligible to return. Conditions for returning to the residence halls may be specified.
• Restitution. Requiring compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Revocation of admission and/or degree. Admission to the University or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other violations that were committed by the student prior to graduation.
• University expulsion. Permanent separation from the University.
• Deferred suspension. Suspension that will be imposed at a defined future date or time unless sanctions are completed as described by the hearing officer and there are no further policy violations.
• University suspension. Separation from the University for a definite period of time. Conditions for readmission to the University will be specified. The vice provost of student enrollment or designee will instruct the registrar to place an overlay on the student’s transcript during the period of suspension indicating the period of suspension. Further, while on University suspension, a hold will be placed on the student’s record to prevent registration. All assigned educational sanctions must be completed prior to the restoration of student privileges; otherwise the suspension will remain in effect. A suspended student is not permitted on University property during the length of his/her suspension. A suspension may be deferred so that the student can attend classes for the remainder of the semester.
• Warning. A notice in writing to the student that the student is violating or has violated the Student Code of Conduct.
• Withholding degree. The University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct, including the completion of any sanctions imposed.

 

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Any University employee who violates this policy will be subject to discipline up to and including termination, as outlined in the Employee and Faculty Handbooks, applicable University policy, applicable University regulation, or applicable collective bargaining agreement, if any.

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