Drug-Free Schools and Colleges [EDGAR Part 86]

University of Tennessee at Chattanooga: Biennial Review 2012-2014

 

    

Academic Years:

2012-2013 &

2013-2014

 

 

 


Table of Contents

 

  1. Introduction/Overview
  2. Biennial Review Process
  • University Alcohol and Other Drug Policies
  1. Alcohol and Other Drug Prevalence Rate, Incidence Rate, & Trend Data
  2. Annual Policy Notification Process: Faculty & Staff
  3. Annual Policy Notification Process: Students
  • AOD Policy, Sanctions, & Related Data
  • AOD Prevention and Education Programming, Interventions, and Data
  1. Progress on Prior Recommendations
  2. Recommendations for next Biennium
  3. Appendices:

Appendix A- Student Code of Conduct IV; Student Rights & Responsibilities

Appendix B- Human Resources Policy 720

Appendix C- University of Tennessee at Chattanooga Athletics Drug Testing Policy

Appendix D- 2012 Executive Summary of CORE Drug & Alcohol Survey

Appendix E- 2012 Executive Summary of National College Health Assessment Data

Appendix F- UTC 2013 & 2014 Annual Security & Annual Fire Safety Report

Appendix G-2012-2013 AlcoholEdu Executive Summary

Appendix H- 2013-2014 AlcoholEdu Executive Summary

Appendix I- Dean of Students Office Convictions and Charges Data

 

 

 

 

 

 

 

 

 

 

 

 

Introduction/Overview

In compliance with the Department of Education’s Drug-Free Schools and Communities Act

(DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR Part 86.100), the University of Tennessee at Chattanooga (UTC) will provide a biennial review of the university’s prevention efforts, disciplinary sanctions, and procedures for distributing the annual alcohol and drug notification to students and employees.  The UTC Biennial Review will include data related to alcohol and drug incidents and arrests and recommendations for revising university prevention, education, and disciplinary efforts.

 

Biennial Review Process

The UTC Biennial Review is conducted by the UTC Counseling Center’s Assistant Director for Alcohol, Other Drugs, and Mental Health Prevention. The UTC Biennial Review will utilize information provided by the UTC Dean of Students Office, UTC Counseling & Personal Development Center, UTC General Counsel, UTC Police Department, UTC Residence Life, and UTC Athletic Department.  The review began with a meeting of university representatives in the fall of 2014 and ended with a final review and approval by the Vice Chancellor of Student Development in the spring of 2015.  University Representatives involved in the 2012-2014 UTC Biennial Review were:

Tricia Henderson, Assistant Director Counseling and Personal Development Center

Jim Hicks, Dean of Students

Laure Pou & Kendra Biggs- Human Resources

Courtney Bullard, UTC General Counsel

Steve Everett, UTC Police Department

The 2012-2014 UTC Biennial Review is available online at utc.edu/aod.

A hard copy is also maintained on file at the UTC Counseling and Personal Development Center and the UTC Dean of Students Office, it can be provided to the United States Department of Education, as requested.  A copy of the review is maintained by UTC for a minimum of three years.

University Alcohol and Other Drug Policies

As an academic community, UTC is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

  1. Providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
  2. Distribution, possession, or use of illegal drugs or controlled substances.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Student Code of Conduct IV; Student Rights & Responsibilities (Appendix A).  Student Code of Conduct IV: Standards of Conduct (18) states;

            A student or student organization may be disciplined for the following types of misconduct:

(18) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on Universi­ty-controlled property or in connection with a University-affiliated activity.

(19) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

 (20) Providing an alcoholic beverage to a person younger than twen­ty-one (21) years of age, unless permitted by law.

(21) Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs or drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

 

 The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

In compliance with applicable state and federal laws, Human Resources Policy 720 (Appendix B), prohibits the unlawful use, manufacture, possession, distribution or dispensing of drugs ("controlled substances" as defined in the Controlled Substances Act, 21 U.S.C. 812) and alcohol on University property or during University activities.

 

The University strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of, or addiction to, alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Student Conduct Code or staff expectations, and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. UTC Counseling and Personal Development Center 423-425-4438, Magellan Behavioral Health 1-855-437-3486, and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. UTC Counseling and Personal Development Center provides educational and awareness programming, information, and assistance.

The UTC Medical Amnesty Policy encourages all students to seek assistance for themselves or someone else who may be experiencing an alcohol or drug related medical emergency. The policy states;

                In the event of a drug or alcohol emergency, the primary con­cern is the well-being, health and safety of the individual(s) involved. The University of Tennessee at Chattanooga recognizes that the potential of disciplinary action creates a barrier for students seeking medical assistance for themselves or other students in alcohol or other drug-related emergencies; therefore, a medical amnesty protocol has been established.   

Students/organizations who call for medical assistance for themselves or for another student who they observe to be or feel is dangerously intoxicated/under the influence of alcohol or drugs will not be face formal conduct action by the Dean of Students office for the mere possession of alcohol or drugs. The student/organization, who calls on behalf of another student, is required to remain with the student experiencing the emergency until medical assis­tance arrives.

The student requiring medical assistance and the referring student(s)/organization will be required to contact the Dean of Students Office at The University of Tennessee at Chattanooga within two weeks of written notification to schedule a meet­ing and develop follow-up plans. Sufficient evidence must be provided to confirm medical assistance was received at the time of the incident for the medical amnesty policy to apply. If the student/organi­zation complies with all directives within the appropriate timeframe, there will be no disci­plinary action taken related to the violation of possession or consumption of alcohol or drugs and no disciplinary record of the incident kept in the students official conduct file.

This policy is only applicable to the individual(s)/organization who are directly involved in the effort to seek medical assistance or the individual in direct need of medical assistance. This policy does not apply to any situation where a campus official or employee (residence hall staff, police officer, or administrative staff) initiates the response for medical assistance or where the reporting student does not stay until assistance arrives.

Medical amnesty applies only to alcohol or other drug-related emergencies but does not apply to other conduct violations such as assault, property damage, or distribution of illicit substances. The use/or abuse of alcohol or drugs is never considered a mitigat­ing circumstance for any other violations of the Student Code of Conduct. Medical amnesty applies specifically to The University of Tennessee at Chattanooga’s conduct and judicial policies and has no influence over criminal or police action or authority. If multiple violations occur the Dean of Students Office will review the additional violations separately and assess the need for further intervention. This policy is not intended to provide a shield or protect students/organizations who conspire to misuse or abuse the policy instead empower students and organization to seek medical attention for those in need without question.”

The UTC Athletic Department supports the health and well-being of all UTC student athletes. The UTC Athletic Department imposes drug testing policies and sanctions according to the University of Tennessee at Chattanooga Athletics Drug Testing Policy, see appendix C.

AOD Prevalence Rate, Incidence Rate, and Trend Data

The Core Drug and Alcohol Survey and the National College Health Assessment are used to assess current trends in usage, risk, and protective behaviors. Included in this report are the Executive Summaries of the Core Survey 2012, National College Health Assessment 2012, the UTC 2013 & 2014 Annual Security & Annual Fire Safety Report and AlcoholEdu Executive Summary  are included in Appendices  D, E, F, G &H.

Core survey data (Appendix D) measures student’s attitudes, perceptions, and behaviors related to alcohol and drug use. The table below compares six data points which were the focus of the prevention and education efforts between Core surveys. Included in the following table are six examples of CORE Survey area results:

2010 CORE Survey Results

2012 CORE Survey Results

2015 CORE Survey Results

35% reported drinking five or more drinks in one setting.

29.4% reported drinking five or more drinks in one setting.

35% reported drinking five or more drinks in one setting.

64.1% of UTC students report they “don’t know” if the UTC campus has an alcohol and drug prevention program.

46.5% of UTC students report they “don’t know” if the UTC campus has an alcohol and drug prevention program.

52.4% of UTC students report they “don’t know” if the UTC campus has an alcohol and drug prevention program.

UTC students report experiencing impacts of alcohol and drug use including; 21.9% missing class, 21.1% performing poorly on tests, and 27% reported doing something they later regretted.

UTC students report experiencing impacts of alcohol and drug use including; 15.2% missing class, 13.9% performing poorly on tests, and 25% reported doing something they later regretted.

UTC students report experiencing impacts of alcohol and drug use including; 17.8% missing class, 13% performing poorly on tests, and 23.5% reported doing something they later regretted.

41.4% of respondents reported alcohol makes it easier to deal with stress.

41.4% of respondents reported alcohol makes it easier to deal with stress.

 

49.6% of respondents reported alcohol makes it easier to deal with stress.

 

24.6% of UTC students report they have driven a car while intoxicated.

19.6% of UTC students report they have driven a car while intoxicated.

15.9% of UTC students report they have driven a car while intoxicated.

52.4% of underage students (younger than 21) who consumed alcohol in the previous 30 days. 

47.7% of underage students (younger than 21) who consumed alcohol in the previous 30 days. 

47.7% of underage students (younger than 21) who consumed alcohol in the previous 30 days. 

 

Data presented in the UTC 2013 & 2014 Annual Security & Annual Fire Safety Report (Appendix F) pertains to the arrests, citations, and incidents reported on-campus for UTC. The following tables represent the arrests and disciplinary referrals for 2012, 2013, & 2014:

Charge

Year

On Campus

In on-campus student housing

In or on a non-campus building or property

On public property

Arrest: Liquor Law

2012

19

14

0

11

Arrest: Liquor Law

2013

9

9

0

5

Arrest: Liquor Law

2014

not available

not available

not available

not available

Drug-related Violation

2012

17

17

0

3

Drug-related Violation

2013

18

18

0

2

Drug-related Violation

2014

not available

not available

not available

not available

Disciplinary Referrals: Liquor Law

2012

236

235

0

1

Disciplinary Referrals: Liquor Law

2013

282

282

1

3

Disciplinary Referrals: Liquor Law

2014

not available

not available

not available

not available

Drug-Related Violations

2012

46

46

0

0

Drug-Related Violations

2013

65

63

17

1

Drug-Related Violations

2014

not available

not available

not available

not available

 

The Dean of Students Office provided the data presented below related to the number of charges and convictions of students for alcohol and drug related offenses from 2012-2014 provided in Appendix I.

Annual Policy & Policy Notification Process: Employees

The University strives to maintain a work environment free from the illegal use, possession, or distribution of alcohol or controlled substances. An employee is inclusive of all persons who hold a staff or academic appointment. This includes student employees and Work-Study students. The University of Tennessee (UT) system, inclusive of UTC, relevant policy to an alcohol- and drug-free place are included in Human Resources Policy 720 (Appendix B). Employees found in violation of the Human Resource Policy may be subject to correction action and/or discipline, including dismissal under applicable University policies and labor contracts. Also, employees may be referred for criminal prosecution and/or required to complete treatment/support programs.

As provided below, the University of Tennessee (UT) provides faculty and staff with an email notification of the UT Policy on a Drug- and Alcohol-free Campus and Workplace. This notification is sent to all active employee email addresses within the UT system each semester.

 

 

March 2015

A message from Linda Hendricks Harig
Vice President for Human Resources

Policy on a Drug- and Alcohol-free Campus and Workplace

The University of Tennessee is committed to maintaining a safe and healthy environment for all faculty, staff and students. This message should serve as an annual reminder of this commitment.

In compliance with applicable state and federal laws, Human Resources Policy 720 prohibits the unlawful use, manufacture, possession, distribution or dispensing of drugs ("controlled substances" as defined in the Controlled Substances Act, 21 U.S.C. 812) and alcohol on University property or during University activities.

The policy, including terms for disciplinary action, is available for review at policy.tennessee.edu/hr_policy/hr0720/.

Questions about the policy should be directed to the HR Call Center at (888) 444-8847 or (865) 946-8847 for calls made within the Knoxville area. The University's Employee Assistance Program is another resource and is available toll-free at (855) 437-3486.

Thank you for all you do for the University.

Linda

 

The University of Tennessee | Human Resources
826B Andy Holt Tower | Knoxville, TN 37996
Phone: 865.974.8170 | Fax: 865.974.9780

 

 

Annual Policy Notification Process: Students

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Student Code of Conduct IV; Student Rights & Responsibilities (Appendix A). The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

UTC students are offered a copy of the Student Handbook by email each semester. Residence Life places a copy of the Student Handbook on the bed of each resident before move in to ensure that each resident receives a copy. Copies of the student handbook are offered in the University Center at the desk outside the Dean of Students office where they can be picked up anytime the University Center is open. They can all receive a copy from the Dean of Students office during regular business hours.

In addition to the Student Handbook, students are made aware of AOD policies during summer orientation, residence life meetings, and other activities throughout the year. During orientation students are educated about campus AOD policies while attending orientation.

AOD Policy, Sanctions, & Related Data

AOD sanctions are imposed by the Dean of Students Office and Residence Life Office. Due to recent amendments to Tennessee Code Annotated, Title 49, Chapter 7, Part 1 by the General Assembly (House Bill 4088, Senate Bill 4108), and UTC is required to notify the parents or guardians of students under the age of 21 when those students are found responsible for alcohol- and drug-related offenses. If a student under the age of 21 is found to be responsible for the use and/or possession of drugs or drug paraphernalia, the resultant sanction will include notification of the parent/guardian by the Dean of Students Office. In the event of a first or second violation of the alcohol policy by a student, the resultant sanction may include, but is not limited to, probation, an alcohol education course, and community service. In addition to the aforementioned sanctions, a third violation of the alcohol policy by a student under the age of 21 will result in the notification of the parent/guardian by the Dean of Students Office. In addition, the parent/guardian may be contacted in any instance in which the health or safety of the student has been threatened either through the student’s own acts or the acts of others.

 

AOD Prevention and Education Programming, Interventions, and Data

An inventory of UTC prevention and education interventions includes a wide variety of interventions and services for individual students at the universal, selective, and indicated levels. Programming strategies include online assessments (Echug & Etoke), educational programming, social norms campaigns, late night and other alternative programming, and counseling and motivational interviewing sessions. Campus AOD policies are designed to limit availability of alcohol and drugs through environmental management. Campus public safety officers, as well as other UTC representatives, also coordinate with local law enforcement and the Hamilton Count AOD prevention Coalition to advocate and enforce AOD policies in the surrounding community.

AlcoholEdu Completion Rates:

2012-2013: 1742 Incoming Freshmen

2013-2014: 1704 Incoming Freshmen

AlcoholEdu Sanctions Course Completions:

2013: unknown

2014: 171

Echug Completion:

2012- UTC did not own the program during this time.

2013- UTC did not own the program during this time.

2014- 21

Etoke Completion:

2012- UTC did not own the program during this time.

2013- UTC did not own the program during this time.

2014- 35

Assessments Performed by the Counseling and Personal Development Center:

2012-2013: 54 Individual Assessments

2013-2014: 57 Individual Assessments

Alcohol, Other Drug (AOD), and Mental Health Prevention and Education Outreach and Programming Efforts 2012-2013:

  • AlcoholEdu Implementation: UTC policy and contracts, marketing, emails, over 95% of incoming freshmen class completed AlcoholEdu pre-matriculation course. Require all incoming freshman to complete a web based alcohol and drug awareness program/course. SexualAssaultEdu is included in this course. Interviewed with media outlets. Sent reports to Madison Ralston and Sara Peters for use with programming, prevention and education.
  • Sigma Chi Staff Advisor- Risk management development.
  • Alcohol Free alternative programming: Partnership with Campus Activities Board and SGA (Movie Night, Silent Disco, Spirited Art, etc).
  • Alternative Spring Break 2013 Course and Trip: Working with Associate Dean of Students, Dr. Sara Jahansouz and Disability Resource Center, Michelle Rigler to implement a UTC spring break tradition of civic engagement and community involvement during a break where alcohol and drug misuse is at a higher risk. Weekly course meetings during the spring semester.
  • Social Norms Campaign: Uses campus specific data (CORE 2012 results) to correct false beliefs, shape student choices, provide accurate information about campus norms, present positive role model for healthy behaviors and convey social rewards for specific choices. Marketing included print materials, promotional items, Facebook advertising, advertising in Greek Show booklet, and digital marketing.
  • Prescription Drug Take-Back- Partnership with community coalitions, Blood Assurance, Tennessee American Water, and US District Attorney’s Office. Held two days of take-back here on campus during the spring and collected approximately 25 pounds. .
  • Stress Fair: Spring 2013, provides alternative resources to alcohol and drug use during finals and end of the year.
  • Individual Student Assessments: Referring departments on campus include athletics, housing, and the Dean of Students office. Each assessment lasts approximately one hour and includes an intake, alcohol and other drug assessment measuring frequency of use and consequences, brief motivational interview, and educational information. Tools used during these assessments include AlcoholEduSanctions & R.A.P.I. assessment. Referrals by Dean Moses, Athletics, and Residence Life                  
  • Safe Spring Break information 2013: Coordinated Spring Break or Bust Bags
  • Orientation Promotional Development- Fans, flyers for AlcoholEdu and Haven promotion.
  • Coordinator of all Counseling and Personal Development Center outreach
  • Residence Life trainings (AOD & Mental Health): Resident Directors and Resident Assistants related to AOD information and resources.
  • Collaboration with campus law enforcement and other departments to provide educational events- tables, residence life programs, and fraternity and sorority awareness.
  • RHA collaboration- Spring Break Bags and Post-Secret.
  • Collaboration with Fraternity and Sorority Life:
  • Risk Management Presentation Fall 2012.
  • UTC Alcohol and Other Drug website: utc.edu/AOD 
  • Parent Judicial Letter- Drafted and submitted to Justin Moses with the Dean of Students Office to utilize with parent notification letters.
  • Coalition for Healthy and Safe Campus Communities (CHASCo):
  • Executive Committee Member- Professional Development Chair
  • Social Norms Campaign Funding -$2200.00
  • Governors Highway Safety Office- $550
  • NASPA Grant: $1000
  • Partners in Prevention Conference- $500
  • Hamilton County Community Coalition and partnership to address underage drinking and community issues.
    • NASPA AOD & Mental Health Conference-24 hours
    • CHASCo Partners in Prevention Training - 18 hours

 

Alcohol, Other Drug (AOD), and Mental Health Prevention and Education Outreach and Programming Efforts 2013-2014:

  • AlcoholEdu Implementation: Over 95% of incoming freshmen class completed AlcoholEdu pre-matriculation course beginning in 2011. Implied mandate for all incoming freshman to complete a web based alcohol and drug awareness program/course. SexualAssaultEdu (Haven) is included in this course.
  • Governor’s Highway Safety Office- Social Norms grant for drinking and driving social norms campaign.
  • Alcohol Free alternative programming: Spirited Art & Hunger Games
  • Social Norms Campaign & Calendar: Uses campus specific data (CORE 2012 results) to correct false beliefs, shape student choices, provide accurate information about campus norms, present positive role model for healthy behaviors and convey social rewards for specific choices. Marketing included print materials, promotional items, Facebook advertising, advertising in Greek Show booklet, and digital marketing.
  • Echug and Etoke campaign & assessment provided at utc.edu/aod and utc.edu/counseling.
  • Prescription Drug Take-Back- Partnership with community coalitions, Blood Assurance, Tennessee American Water, and US District Attorney’s Office. Held in spring and fall. Collected approximately 20 pounds of prescription drugs.
  • Individual Student Assessments: Referring departments on campus include athletics, housing, and the Dean of Students office. Each assessment lasts approximately one hour and includes an intake, alcohol and other drug assessment measuring frequency of use and consequences, brief motivational interview, and educational information. Tools used during these assessments include AlcoholEduSanctions & R.A.P.I. assessment. Referrals by Dean of Students Office, Athletics, & Residence Life.           
  • Orientation Promotional Development- Fans, flyers to promote AlcoholEdu and Haven.
  • Residence Life trainings (AOD & Mental Health): Resident Directors and Resident Assistants related to AOD information and resources.
  • Collaboration with campus law enforcement and other departments to provide educational events- tables, residence life programs, and fraternity and sorority awareness.
  • Responsible for maintain and updating UTC AOD website: utc.edu/AOD.
  • UTC Athletic Department Drug Testing and Substance Abuse Policy Committee Member
  • Sigma Chi Staff Advisor- Risk management development and implementation.
  • Coalition for Healthy and Safe Campus Communities (CHASCo): Executive Committee Member- Chair Elect.
  • Hamilton County Community Coalition and partnership to address underage drinking and community issues.
  • Off-Campus Housing Guide provided during the Off-Campus Fair. Provides information related to roommate responsibility, party planning for safety, community responsibility and alcohol and drug prevention.
  • Parent Judicial Letter- Drafted and submitted to the Dean of Students Office to utilize with parent notification letters.
  • Coalition for Healthy and Safe Campus Communities (CHASCo):
  • Executive Committee Member- Professional Development Chair
  • Social Norms Campaign Funding -$2500.00
  • Governors Highway Safety Office- $600
  • NASPA Grant: $1500
  • Partners in Prevention Conference- $500
  • Hamilton County Community Coalition and partnership to address underage drinking and community issues.
    • NASPA AOD & Mental Health Conference-24 hours
    • CHASCo Partners in Prevention Training - 18 hours

 

 

Progress on Prior Recommendations

There are no previous Biennial Reviews for UTC providing recommendations for progress reporting.

Recommendations for Next Biennium

Based on a review of current AOD prevention programs and on current usage statistics, the following recommendations are encouraged:

  1. UTC support and advocate for continued growth of the UTC Step UP! Bystander intervention training. This includes promoting buy-in with all high-risk populations including athletes, freshmen, residence life, and fraternity and sorority life.
  2. Increase promotion of medical amnesty policy, especially to those living in on-campus housing.
  3. Efforts should be made to create a reporting system for departments to track all alcohol and other drug prevention, programming and education efforts for future Biennial reviews.
  4. Partnerships with state and county coalitions should continue and be supported to increase environmental management strategies.
  5. The Counseling and Personal Development Center and Human Resources develop a tracking system for all referrals for students, faculty and staff who have been referred to in-patient or intensive out-patient treatment facilities. The tracking system could be kept internally with each department and should not include any identifying information related to a student, faculty or staff member’s identity. The number of referrals for in-patient and intensive out-patient referrals should be reported for each Biennial Review period by calendar or academic calendar year.
  6. Coordinate with administrators implementing policies in compliance with the Violence Against Women Act (VAWA), including the Campus Sexual Violence Elimination Act (Campus SaVE), as relates to AOD issues.
  7. The next review will be due in December of 2016 and will review the 2014-2015 & 2015-2016 academic years.
  8. Develop protocol to distribute information required to maintain compliance with the Department of Education’s Drug-Free Schools and Communities Act (DFSCA), as articulated in the Education Department General Administrative Regulations (EDGAR Part 86.100). The information provide below in the Education Department General Administrative Regulations (EDGAR) Edgar 86: Federal Drug-Free Schools and Campuses Regulations University of Tennessee at Chattanooga should be distributed to all students, faculty, and staff each semester to meet compliance standards. This is currently being discussed as an addition to the Annual Security Report.

Education Department General Administrative Regulations (EDGAR)

Edgar 86: Federal Drug-Free Schools and Campuses Regulations

University of Tennessee at Chattanooga

As a requirement of these regulations, The University of Tennessee at Chattanooga (UTC) is to disseminate and ensure receipt of the below policy/information to all students, staff, and faculty on an annual basis.  This process is formally conducted by the Dean of Students Office, Counseling and Personal Development Center, and Human Resources.  Questions concerning this policy and/or alcohol and other drug programs, interventions and policies may be directed to Tricia Henderson at tricia-henderson@utc.edu, or 423-425-4438.

University of Tennessee at Chattanooga Policies

As an academic community, UTC is committed to providing an environment in which learning and scholarship can flourish. The possession or use of illegal drugs, or the abuse of those which may otherwise be legally possessed, seriously affects the University environment, as well as the individual potential of our students and staff. The University enforces state laws and related University policies, including those prohibiting the following activities on campus:

  1. Providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
  2. Distribution, possession, or use of illegal drugs or controlled substances.
  3. Possession of firearms or other dangerous weapons.

The abuse of alcohol and other drugs by students, regardless of age and of location (on-campus or off-campus), is prohibited by the Student Conduct Code. The University can, and will, impose disciplinary sanctions for violations. Students are also subject to city ordinances and state and federal laws. A separate policy addresses violations by University staff.

The University strongly encourages students and staff members to voluntarily obtain assistance for dependency or abuse problem before such behavior results in an arrest and/or disciplinary referral which might result in their separation from the institution.

The use of, or addiction to, alcohol, marijuana, or controlled substances is not considered an excuse for violations of the Student Conduct Code or staff expectations, and will not be a mitigating factor in the application of appropriate disciplinary sanctions for such violations.

Help is available both on campus and within the community for students and staff members who are dependent on, or who abuse the use of alcohol or other drugs. UTC Counseling and Personal Development Center 423-425-4438, Magellan Behavioral Health 1-855-437-3486, and other professional agencies will maintain the confidentiality of persons seeking help for personal dependency and will not report them to institutional or state authorities. UTC Counseling and Personal Development Center provides educational and awareness programming, information, and assistance.

UTC Student Code of Conduct

  1. Student’s Rights and Responsibilities

(1) Students at the University of Tennessee at Chattanooga are members of both the University community and the larger community of which the University is a part. Accordingly, students are responsible for conducting themselves in a lawful manner and in compliance with University rules and policies. The University has established the following rules in order to advance the mission of the University by maintaining a safe and secure learning environment, protecting the rights and privileges of all members of the University community, providing a basis for orderly conduct of the affairs of the University, promoting a positive relationship between the University and its surrounding community, preserving insti­tutional integrity and property, encouraging students to engage in conduct that brings credit to themselves and the University, and ensuring that each student who matriculates at the University graduates ready to contribute to society as an ethical and law-abiding citizen. The Standards of Conduct apply to conduct that occurs on Uni­versity-controlled property.

(2) The University also has the discretion to discipline a student for an act in violation of the Standards of Conduct that occurs off Universi­ty-controlled property if the conduct adversely affects the interests of the University, including, but not limited to, conduct which:(a) Occurs in connection with a University-affiliated activity, in­cluding, but not limited to, an overseas study program or a clinical, field, internship, or in-service experience;

(b) Involves another member of the University community; or (c) Threatens, or indicates that the student may pose a threat to, the health or safety of him/herself or others or the security of any person’s property, including, but not limited to, alcohol-related offenses, drug-related offenses, arson, battery, fraud, hazing, participation in group violence, rape, sexual assault or misconduct, stalking, and theft.

(16) Theft, misuse, or unauthorized use of information technology facil­ities, resources, or access codes, including, but not limited to: unauthorized entry into or transfer of a file; using another person’s identification and/or password without that person’s consent; using information technology facilities or resources to interfere with the work of another student, faculty member, staff member, or other member of the University community; using information technology facilities or resources to interfere with nor­mal operation of a University information technology system or network; circumventing University information technology system or network security; using information technology facilities or resources in violation of copyright laws; falsifying an e-mail header; and conduct that violates the University’s policy on the Acceptable Use of Information Technology Resources.

(17) Possessing, using, storing, or manufacturing any weapon or any facsimile of a weapon on University-controlled property or in connection with a University-affiliated activity, unless authorized in writing by the Chief of Police or his/her designee.

(18) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages on Universi­ty-controlled property or in connection with a University-affiliated activity.

(19) Consuming, manufacturing, possessing, distributing, dispensing, selling, or being under the influence of alcoholic beverages, if prohibited by federal, state, or local law.

(20) Providing an alcoholic beverage to a person younger than twen­ty-one (21) years of age, unless permitted by law.

(21) Using, manufacturing, possessing, distributing, selling, dispensing, or being under the influence of drugs or drug paraphernalia, if prohibited by federal, state, or local law; using or possessing a prescription drug if the prescription was not issued to the student; or distributing or selling a prescription drug to a person to whom the prescription was not originally issued.

(22) Failing to pay a University bill, account, or other University financial obligation.

(23) Failing to respond to a request to report to a University admin­istrative office; failing to comply with a lawful directive of a University employee or other public official acting within the scope of his/her duties; or failing to identify oneself to a University employee or other public official acting within the scope of his/her duties when requested to do so.

(24) Failing to appear at a University hearing, including, but not limited to, a hearing of a University judicial board, following a request to appear either as a party or as a witness.

(25) Violating the terms of an interim suspension, a no-contact direc­tive, or a disciplinary penalty imposed by the University.

(26) Obstructing or disrupting teaching, learning, studying, research, public service, administration, disciplinary proceedings, emergency services, or any other University-affiliated activity, or the free flow of pedestrian or vehicular traffic on University-controlled property. In no event shall this rule be construed to discipline a student for speech protected by the First Amendment to the United States Constitution.

(27) Violating a University policy or rule, including but not limited to University policies or rules relating to facilities use, smoking, the acceptable use of information technology resources, research or service misconduct, finder’s fees relating to clinical investigations involving human subjects or access to University data or materials, University libraries, dining services, parking or transportation, University identification card use, sexual harass­ment, residence halls, and registered student organizations.

(28) Committing an act that is prohibited by local, state, or federal law.

(29) Attempting to commit a violation of a Standard of Conduct or being an accessory to the commission of an act or attempted act in violation of a Standard of Conduct.

Penalties.

(1) Disciplinary penalties are primarily intended to educate students and student organizations about appropriate behavior, encourage students and student organizations to take responsibility for misconduct, promote the personal and professional development of students, and discourage other students and student organizations from violating the Standards of Conduct, and protect members of the University community. The penalties imposed should be appropriate for the particular case based on the gravity of the offense (including without limitation how the violation affected or reason­ably could have affected other members of the University community). Consideration may also be given to the student’s or student organization’s conduct record, the student’s or student organization’s responsiveness to the conduct process, student academic classification, and other aggravating or mitigating factors.

(2) The following penalties may be imposed on any student found to have violated the Standards of Conduct:

(a) Warning. A warning is a notice that the student is violating or has violated the Standards of Conduct.

(b) Loss of Privilege. This penalty is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Privileges that may be lost include, but are not limited to, scholarships, stipends, par­ticipation in extracurricular activities (e.g. intramurals), housing privileges, participation in social activities, and use of certain University-controlled property (e.g., information technology resources).

(c) Educational Sanction. Students may be required to attend class­es, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Vice Chancellor for Student Development or his/her designee.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Disciplinary Reprimand. A disciplinary reprimand is used for minor violations of the Standards of Conduct. A reprimand indicates that further violations will result in more severe disciplinary actions.

(f) Disciplinary Probation. This penalty permits a student to remain at the University on probationary status but with the understanding that a future violation of the Standards of Conduct may result in suspension. Probation may be for a defined or indefinite period. Other conditions of probation are specific to each individual case and may include a requirement of community service or other requirement or restriction.

(g) Suspension for a Specific Period of Time. Suspension for a specific period of time means that the student is withdrawn from the Uni­versity and is not eligible to apply for readmission for a designated period of time. Usually, the period of designated suspension does not exceed one (1) calendar year. Other conditions of suspension are specific to each individual case and may include a requirement of community service or other requirement or restriction. Upon return to the University following a suspension for a specific period of time, the student may be placed on indefinite disciplinary probation.

(h) Permanent Dismissal. Permanent dismissal means that a student is permanently barred from matriculating as a student on the Chattanooga campus. This penalty is used when the violation of one (1) or more of the institution’s Standards of Conduct is deemed so serious as to warrant total and permanent disassociation from the University community without the possibility of re-enrollment; or when, by his/her repeated violation of the institution’s Standards of Conduct, a student exhibits blatant disregard for the health and safety of other members of the University community or the University’s right to establish rules of conduct.

(i) Revocation of Admission or Degree. Revocation of admission or degree means revoking a student’s admission to the University or revoking a degree already awarded by the University. Revocation of a degree shall be approved by the University of Tennessee Board of Trustees.

(3) A disciplinary hold may be placed on a student's account until the com­pletion of the student disciplinary process and/or until the student satisfies the terms and conditions of any penalties imposed. A student who at the time of commencement, is subject to a continuing disciplinary penalty or an unresolved disciplinary charge shall not be awarded a degree before the conclusion of all penalties and/or resolution of all disciplinary charges.

(4) The following penalties may be imposed on a student organization found to have violated the Standards of Conduct:

(a) Warning. A warning is a notice that the student organization is violating or has violated the Standards of Conduct.

(b) Educational Sanction. Representatives of student organizations may be required to attend classes, at their own expense, dealing with issues such as the consequences of alcohol or drug use, civility, ethics, or other topics as deemed appropriate by the Dean of Students or his/her designee.

 

(c) Loss of Privilege. This penalty is intended to serve as a reminder of the Standards of Conduct and is for a specific period of time. Examples of privileges that may be lost include participating in extracurricular activities (e.g., intramurals), housing privileges, participating in social activities, and using certain University-controlled property.

(d) Restitution. Restitution may be required in situations that involve destruction, damage, or loss of property, or unreimbursed medical expenses resulting from physical injury. Restitution may take the form of a monetary payment or appropriate service to repair or otherwise compensate for the destruction, damage, or loss.

(e) Disciplinary Probation. Disciplinary probation means that a student organization is permitted to retain University registration on a probationary status. Probation may be for a defined or indefinite period. Violation of the Standards of Conduct during the period of disciplinary probation may result in more serious penalties, including revocation of University registration.

(f) Revocation of University Recognition. In cases of serious mis­conduct, a student organization’s University registration may be revoked.

(5) More than one (1) of the penalties listed above may be imposed for any single violation of the Standards of Conduct. Penalties may be applied retroactively to the date of the offense.

(6) Intoxication or impairment because of alcohol, drugs, chemicals, or other substances does not diminish or excuse a violation of the Standards of Conduct.

 

Commonly Imposed Disciplinary Sanctions For On-Campus Policy Violations:

Policy Violation

Other Typical Sanctions - 1st Offense

Typical Sanctions –

2nd Offense

Underage Possession of Alcohol

Alcohol Education Program, Assessment, Community Service

Parental Notification if under 21, Possible Disciplinary Probation.

Open Alcohol In A Public Area

Alcohol Education Program

Parental Notification if under 21, Possible Disciplinary Probation.

Possession of Kegs

Alcohol Education Program

Parental Notification if under 21, Monetary Sanction, Possible Disciplinary Probation.

Single Incident of Possession of Marijuana For Personal Use

Disciplinary Probation, Drug Education Program on Marijuana & Random Drug Testing

Suspension or Expulsion

Possession of More Than One Ounce of Marijuana

Suspension or Expulsion

Suspension or Expulsion

Possession of Any Amount of "Hard" Drugs (Cocaine, PCP, etc.)

Suspension or Expulsion

Suspension or Expulsion

Conveying Marijuana or A Controlled Substance To Another Person

Suspension or Expulsion

Suspension or Expulsion

Possession of Firearms or Other Dangerous Weapons

Suspension or Expulsion

Suspension or Expulsion

As members of the University community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from the same incident for which the University imposes disciplinary sanctions.

State of Tennessee Laws & Sanctions

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by employees on University premises, or while conducting University business off University premises, is absolutely prohibited.

Violations of this prohibition by employees or students may result in the application of sanctions, including possible required participation in an approved drug abuse assistance or rehabilitation program, and disciplinary action up to and including termination under applicable regulations, University policies, statues, employment contracts, or collective bargaining agreements.

Gradations of Criminal Offenses

Like all jurisdictions (federal and state), Tennessee distinguishes among offenses based on their seriousness.  These offenses range from minor misdemeanors to capital crimes.  The table below shows the gradations of criminal offenses under Tennessee law.  See T.C.A. § 40-35-111, “Authorized terms of imprisonment and fines for felonies and misdemeanors.”

Level of Offense

Punishment(s)

Capital Crime

Death; life imprisonment

Class A felony

Not less than fifteen (15) nor more than sixty (60) years in prison. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute

Class B felony

Not less than eight (8) nor more than thirty (30) years in prison. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute

Class C felony

Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute

Class D felony

Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute

Class E felony

Not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute

Class A misdemeanor

not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute

Class B misdemeanor

not greater than six (6) months in jail or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute

Class C misdemeanor

not greater than thirty (30) days in jail or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute

 

Tennessee Sanctions Under 21 Alcohol Offenses

(http://www.hollinslegal.com/criminal-defense/dui-defense/under-21-alcohol-related-criminal-offenses/)

OFFENSE

PENALTY

Tenn. Code Ann. § 1-3-113
Unlawful for person under 21 to purchase, possess, transport or consume alcoholic beverages unrelated to employment.

The class of offense is not specified but is a misdemeanor per 39-11-111. Pursuant to TCA 39-11-114, it is a Class A misdemeanor. Therefore, 11 mos. 29 days and fine of up to $2500 applies. Statute makes no mention of impact to driving privileges. However for individuals under 18, T.C.A. 55-10-701 would require the denial of driving privileges.

Tenn. Code Ann. § 37-1-156
Contributing to the delinquency of a minor

Class A misdemeanor.

Tenn. Code Ann. 39-15-404
Relates to the furnishing of alcohol to a minor by an adult.

Class A misdemeanor and punishable as such and additionally the offender shall be sentenced to 100 hours of community service work. The court in its discretion may send an order to the Dept. of Safety denying the offender’s driving privileges. If the offender does not have driving privileges then the court may impose 200 hours of community service.

Tenn Code. Ann § 55-10-415
Driving while impaired 18 to 21 for driving under the influence of any intoxicant or with a BAC over .02

>18 years and <21 years old: Class A Misdemeanor that is punishable only by suspension of driving privileges for 1 year and by a fine of $250. Court may impose community service. No provision for restricted license. Not eligible for judicial diversion since no incarceration and thus no probation is permitted, but would be eligible for pre-trial diversion.
>16<18: Same as above, but delinquent act not misdemeanor. Note that no jail time is applicable in conflict with general penalty relating to delinquent children, see T.C.A. § 37-1-131.

Tenn. Code Ann. § 57-3-412 (a)(3)(A)
Prohibits the possession, consumption, or transporting of alcoholic beverages unrelated to employment by anyone under 21.

Class A misdemeanor. Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding.
Under section (a)(5)(C), an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

Tenn. Code Ann. § 57-3-412 (a)(4)
Prohibits the purchase of alcohol for or at the request of anyone that is under 21.

Class A misdemeanor.1st offense: fine of not less than $25 nor more than $500, 2nd and subsequent offenses: minimum $50 fine with max of $1,000.
In addition to the fines stated above, all offenders are additionally subject to all penalties imposed by T.C.A. 39-15-404. (see above, 100 hours community service work, potential loss of license).

Tenn. Code Ann. § 57-3-412 (a)(5)(A)
Prohibits the purchase or attempted purchase of alcoholic beverages by anyone under 21.

Class A misdemeanor. “In addition to any criminal penalty imposed by this section (see above),” an order denying the offender of driving privileges is required, and the court and dept of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

Tenn. Code Ann. § 57-3-412 (c)
Penalty for someone under 21 using a fake id.

Class A misdemeanor.
(1) Less than 18: fine of $50 and not less than 20 hours community service.
(2) >18<21: Fine of not less than $50 but no more than $200 OR by imprisonment in jail for a minimum of 5 days and a max of 30 days. In addition to above, an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

Tenn. Code Ann. § 57-4-203 (b)(2)
(A) Prohibits the purchase, attempted purchase, or possession of alcohol by a person under 21 in a public place.
(B) Exhibiting a fake id saying you are 21.

Exact same penalty as stated in 57-3-412 (c). see above.

Tenn. Code Ann. § 57-5-301(d)(1)(A)
Unlawful for minor to purchase or attempt to purchase any “such beverage.” (presumed beer).

Such Statutes under Title 57, Part 5 appear to relate particularly to beer. Punishment is under 57-5-303, which defines it as a Class C misdemeanor. An order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

Tenn Code. Ann. § 57-5-301(d)(1)(A)(2)
Prohibits purchasing beer for someone under 21.

Class A misdemeanor that shall also be punished pursuant to 39-15-404.

Tenn Code. Ann. § 57-5-301(d)(1)(A)(3)
Making a fake Id to show you are 21 or presenting such.

Statute provides exact same punishment as in 57-3-412(c).

Tenn. Code Ann. § 57-5-301(e) unlawful for someone under 21 to have beer in their possession.

Class A misdemeanor. Regardless of disposition, the record can be expunged 6 months after the date of the violation and such offense cannot be used against them in any criminal proceeding. Under section (d)(1)(B)(i), an order denying the offender of driving privileges is required, and the court and dept. of safety shall follow the same provisions of T.C.A. 55-10-701 et seq. that apply to persons 13 to 18.

 

 

Tennessee Sanctions Driving Under the Influence T.C.A § 55-10-401

(http://www.tn.gov/safety/duioutline.shtml)

  Implied Consent - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]

  • Revocation of Driver’s License for 1 year - 1st offense
  • Revocation of Driver’s License for 2 years - 2nd offense
  • Revocation of Driver’s License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
  • Revocation of Driver’s License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)

1st Time DUI Offender - .08 (BAC) [55-10-401] [55-10-403]

  • 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year
  • You will be ordered to participate in an alcohol and drug treatment program
  • Pay restitution to any person suffering physical injury or personal loss
  • $350-$1,500 fine
  • With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
  • Judge can order you to install an Ignition Interlock Device at your expense. Minimum first year costs could exceed $1,000.00
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Drug and Alcohol Treatment may be required at the judge's discretion

2nd Time DUI Offender

  • 45 days to 11 months, 29 days in jail
  • $600-$3,500 mandatory fine
  • License revocation for 2 years/Restricted License available after first year
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
  • The judge can order you to install an Ignition Interlock Device at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Pay restitution to any person suffering personal injury or loss

3rd Time DUI Offender

  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 6-10 years/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

4th and Subsequent DUI Offender

  • Class E Felony
  • 1 Year (365) days of jail time with a minimum of 150 consecutive days served
  • $3,000 to $15,000 mandatory fine
  • License revocation for 8 years/NO restricted license available
  • Subject to vehicle seizure/forfeiture
  • Alcohol and drug treatment program
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

Vehicular Assault - Serious injury to another person by a DUI driver

  • Class D Felony [39-13-106]
  • License revocation from 1 to 5 years according to number of prior offenses
  • Jail time 2 to 12 years according to range [40-35-112]
  • Plus fines and court costs
  • No restricted driver license is available

Child Endangerment - DUI with passenger under 18 years old

  • Class D felony if child suffers serious injury [55-10-403] [40-35-112]
  • 2 to 12 years jail time
  • Class B Felony if child death involved
  • 8 to 30 years jail time
  • License revocation

Note: Sentence length depends on a number of factors, including the person’s criminal history

 

Vehicular Homicide

  • Class B Felony [39-13-213] [40-35-112]
  • Fatal crash caused by DUI with .08 BAC or more
  • License revocation for 3-10 years/NO restricted license available
  • No restricted driver license is available

Aggravated Vehicular Assault While Driving Intoxicated

  • Class A Felony [39-13-218] [40-35-112]
  • If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
  • One prior Vehicular Homicide
  • A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense

Fees to reinstate a driver license after alcohol-related offenses 

Implied Consent Refusal to Submit to Blood Alcohol T.C.A. 55-10-406

  • $100 reinstatement fee
  • $50 fee if filing of financial responsibility (SR-22) is required
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

Drug Free Youth Act Offenses (Ages 13 – 17) (T.C.A. 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. 57-5-301)

  • $20 reinstatement fee
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

All other DUI Type Offenses

  • $100 reinstatement fee
  • $3 certification fee if violation occurred in Tennessee
  • $50 fee if filing of financial responsibility (SR-22) is required
  • $75 fee for failure to surrender driver license may be required
  • Required to apply for valid license & pay appropriate driver license fee

Penalties for drug and alcohol-related offenses committed by minors 

Drug Free Youth Act Offenses (Ages 13 – 17) T.C.A. 55-10-701

  • License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
  • License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
  • Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Underage Possession of Alcohol (Age 18 -21) T.C.A. 57-5-301

  • License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days
  • License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year
  • Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted

Driving While Impaired (Age 16 – 20) T.C.A 55-10-415

  • License revocation for 1 year/No provision for restricted license
  • $250 fine
  • Court may impose public service work

Tennessee Statutory Sanctions for Illegal Drugs Manufacture or Delivery

It is a crime in Tennessee for a person to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell such controlled substance. T.C.A. § 39-17-417. Controlled substances are classified according to their potential for abuse, utility in medical treatment, and potential for dependency. The Tennessee Drug Control Act of 1989, T.C.A. § 39-17-401 et seq., establishes the following schedule of controlled substances:

Schedule I

High potential for abuse; no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.

This includes certain opiates (e.g., heroin); hallucinogens (e.g., LSD) depressants (e.g., methaqualone) and stimulants (e.g., MDMA).

Schedule II

High potential for abuse; has currently accepted medical use in treatment, or currently accepted medical use with severe restrictions; abuse of the substance may lead to severe psychic or physical dependence

Examples: cocaine, morphine, amphetamines, amobarbital.

Schedule III

Potential for abuse less than the substances listed in Schedules I and II; has currently accepted medical use in treatment; and may lead to moderate or low physical dependence or high psychological dependence.

Examples: Anabolic steroids.

Schedule IV

Low potential for abuse relative to substances in Schedule III; has currently accepted medical use in treatment; and may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

Examples: Phenobarbital and Fenfluramine

Schedule V

Low potential for abuse relative to the controlled substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

Example: A medicine containing not more than two hundred (200) milligrams of codeine per one  hundred (100) grams;

Schedule VI

Tetrahydrocannabinols

Marijuana; hashish; synthetic equivalents

Schedule VII.

Butyl nitrite and any isomer thereof

 

The following table sets forth the basic levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, the various levels of scheduled controlled substances.  However, one must understand that the law provides additional penalties for violations involving large amounts of numerous substances, including heroin, cocaine, LSD, morphine, peyote, barbiturates and amphetamines.

Level of Controlled Substance

Level of Offense

Schedule I

Class B felony

Cocaine (.5 grams or more)

Class B felony and an additional fine of no more than one hundred thousand dollars ($100,000)

Schedule II, including cocaine (less than .5 grams)

Class C felony

Schedule III

Class D felony

Schedule IV

Class D felony

Schedule V

Class E felony

Schedule VI

Depends on amount; see table below

Schedule VII

Class E Felony

The following table sets forth the levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, of marijuana and hashish (resin containing the active ingredient THC), based on quantities seized:

Marijuana

Hashish

Level of Offense (and additional fine)

Less than ½ ounce

--

Class A misdemeanor

1/2 ounce to 10 lbs.

up to 2 lbs.

Class E felony + $5,000 fine

10 to 70 lbs.; 10 to 19 plants regardless of weight

2 to 4 lbs.

Class D felony + $50,000 fine

20 to 99 plants regardless of weight

4 to 8 lbs.

Class C felony + $100,000 fine

70 to 300 lbs.; 100 to 499 plants regardless of weight

8 to 15 lbs.

Class B felony + $200,000 fine

More than 300 lbs.; 500 or more plants regardless of weight

15 lbs. or more

Class A felony + $500,000 fine

 

Federal Drug Laws

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.

Denial of Federal Aid (20 USC 1091)

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.

Forfeiture of Personal Property and Real Estate (21 USC 853)

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.

Federal Drug Trafficking Penalties (21 USC 841)

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 which 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.

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

Drug/Substance

Amount

Penalty - 1st Conviction

Barbiturates

Any amount

Up to 5 years prison. Fine up to $250,000

Cocaine

5 kgs. or more

Not less than 10 years prison, not more than life. Fine up to $4 million

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

5-49 grams

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

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. 3 years of supervised releases (following prison)

GHB

Any amount

Up to 20 years imprisonment. Fine up to $1 million. 3 years of supervised releases (following prison)

Hashish

10-100 kg

Up to 20 years imprisonment. Fine up to $1 million.

10 kg or less

Up to 5 years imprisonment. Fine up to $250,000

Hash Oil

1-100 kg

Up to 20 years imprisonment. Fine up to $1 million.

1 kg or less

Up to 5 years imprisonment. Fine up to $250,000

Heroin

1 kg or more

Not less than 10 years prison, not more than life. Fine up to $4 million

100-999 grams

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

100 grams or less

10-63 months prison. Fine up to $1 million

Ketamine

Any amount

Up to 5 years imprisonment. Fine up to $250,000. 2 years supervised release

LSD

10 grams or more

Not less than 10 years prison, not more than life. Fine up to $4 million

1-10 grams

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

Marijuana

1000 kg or more

Not less than 10 years prison, not more than life. Fine up to $4 million

100-999 kg

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

50-99 kg

Up to 20 years imprisonment. Fine up to $1 million

50 kg or less

Up to 5 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

10-49 grams

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

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

10-99 grams

Not less than 5 years prison, not more than 40 years. Fine up to $2 million

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

less than 30 mgs

Up to 5 years imprisonment. Fine up to $250,000

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 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 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 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 5 years but not more than 20 years and a fine up to $250,000, or both if:

  1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
  2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
  3. 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.

Health Risks of Commonly Abused Substances

The following information on health risks is from What Works: Schools Without Drugs, U. S. Department of Education (2012).

The drugs students are taking today are more potent, more dangerous, and more addictive than ever. Adolescents are particularly vulnerable to the effects of drugs. Drugs threaten normal development in a number of ways:

  • Drugs can interfere with memory, sensation, and perception. They distort experiences and cause a loss of self-control that can lead users to harm themselves and others.
  • Drugs interfere with the brain's ability to take in, sort, and synthesize information. As a result, sensory information runs together, providing new sensations while blocking normal ability to understand the information received.
  • Drugs can have an insidious effect on perception; for example, cocaine and amphetamines often give users a false sense of functioning at their best while on the drug.

Drug suppliers have responded to the increasing demand for drugs by developing new strains, producing reprocessed, purified drugs, and using underground laboratories to create more powerful forms of illegal drugs. Consequently, users are exposed to heightened or unknown levels of risk.

  • The marijuana produced today is from five to 20 times stronger than that available as recently as 10 years ago. Regular use by adolescents has been associated with an "a motivational syndrome," characterized by apathy and loss of goals. Research has shown that severe psychological damage, including paranoia and psychosis, can occur when marijuana contains 2 percent THC, its major psychoactive ingredient. Since the early 1980s, most marijuana has contained from 4 to 6 percent THC—two to three times the amount capable of causing serious damage.
  • Crack is a purified and highly addictive form of cocaine.
  • Phencyclidine (PCP), first developed as an animal tranquilizer, has unpredictable and often violent effects. Often children do not even know that they are using this drug when PCP-laced parsley in cigarette form is passed off as marijuana, or when PCP in crystal form is sold as lysergic acid (LSD).
  • Some of the new "designer" drugs, slight chemical variations of existing illegal drugs, have been known to cause permanent brain damage with a single dose.

Drug Use and Learning

Drugs erode the self-discipline and motivation necessary for learning. Pervasive drug use among students creates a climate in the schools that is destructive to learning. Research shows that drug use can cause a decline in academic performance. This has been found to be true for students who excelled in school prior to drug use as well as for those with academic or behavioral problems prior to use. According to one study, students using marijuana were twice as likely to average D's and F's as other students. The decline in grades often reverses when drug use is stopped.

Drug use is associated with crime and misconduct that disrupt the maintenance of an orderly and safe school conducive to learning. Drugs not only transform schools into marketplaces for dope deals, they also lead to the destruction of property and to classroom disorder. Heavy drug users are two-and-one-half times as likely to vandalize school property and almost three times as likely to be involved in a fight at school as nonusers. Students on drugs create a climate of apathy, disruption, and disrespect for others. A drug-ridden environment is a strong deterrent to learning not only for drug users, but for other students as well.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics

Substance

Nicknames/Slang Terms

Short Term

Effects

Long Term Effects

Alcohol

 

slurred speech, drowsiness,

headaches,

impaired judgment,

decreased perception and coordination, distorted vision and hearing ,

vomiting,

breathing difficulties,

unconsciousness,

coma,

blackouts,

toxic psychosis, physical dependence, neurological and liver damage, fetal alcohol syndrome, vitamin B1 deficiency, sexual problems, cancer, physical dependence

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, cracks, 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, high blood pressure, seizure, heart attack, stroke, hypertension, hallucinations, psychosis, chronic cough, nasal passage injury, kidney, liver and lung damage

Gamma Hydroxy Butyrate

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, conjunctivas, 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/Opiates

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 or 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

 

Counseling and Treatment

Short term alcohol and other drug counseling and treatment is available on campus to students through the Counseling and Personal Development Center. Students may be referred through the Counseling Center to other treatment programs for more intensive treatment. Through the UTC Human Resources department, Magellan Behavioral Health offers employees additional education and counseling, as well as appropriate referrals. 

UTC ON-CAMPUS RESOURCES –

Department

Phone

Website

Counseling and Personal Development Center

423-425-4438

http://www.utc.edu/counseling

Alcohol and Drug Prevention and Education

423-425-4438

http://www.utc.edu/alcohol-drug-education/

Student Health Services

423-425-2266

http://www.utc.edu/student-health-services/

Dean of Students Office

423-425-4761

http://www.utc.edu/dean-students/

Department of Public Safety

423-425-4357

http://www.utc.edu/public-safety/

Office of Human Resources

423-425-4221

http://www.utc.edu/human-resources/

Employee Assistance Program (Magellan Behavioral Health)

855-437-3486

http://www.state.tn.us/finance/ins/eap.shtml

 

CHATTANOOGA COMMUNITY RESOURCES -

Name

Phone

Website

Emergency Services

911

 

Hamilton County Coalition

423-305-1449

http://www.hccoalition.org/

Hamilton County Sheriff’s Office

423-209-7000

http://www.hcsheriff.gov/

Chattanooga Police Department

423-643-5000

http://www.chattanooga.gov/police-department

CHATTANOOGA ALCOHOL, DRUG & MENTAL HEALTH TREATMENT RESOURCES-

Name

Phone

Website

Bradford Health Services

866-246-3216

https://bradfordhealth.com/

CADAS

423-756-7644

http://www.cadas.org/

Focus Treatment Center

423-308-2560

http://focustreatmentcenters.com/

Volunteer Behavioral  Health Center

423-634-8884

https://www.vbhcs.org/

Parkridge/Valley

423-894-4220

http://parkridgevalley.com/

Prevention and Education

Through the Counseling and Personal Development Center the Assistant Director for Alcohol, Drug, and Mental Health and other departments and offices, a variety of prevention, education, group, individual and community programs and interventions aimed at reducing harm and negative consequences related to alcohol and drug use. Interventions include but are not limited to social norms messaging, alcohol-free alternative events, bystander intervention training, assessments, and programming. As mandated by the Drug-Free Schools and Campuses Act, this policy is distributed to all students, staff and faculty on an annual basis, and during every even year, a biennial review of the comprehensive alcohol and other drug program is conducted.  For more information concerning current programs, interventions and policies, contact Tricia Henderson at tricia-henderson@utc.edu or 423-425-4438.

In accordance with Americans with Disabilities Act of 1990, no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the University. Further, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University or be subjected to discrimination by the University.