UTC Annual Notification

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 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 [email protected], or 423-425-4438.

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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 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 Center provides educational and awareness programming, information, and assistance.

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UTC Student Code of Conduct

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.

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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 Affairs 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.

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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.

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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.

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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

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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.

 

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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

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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

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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

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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

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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.

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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.

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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.

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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

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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.

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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.

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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

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Counseling and Treatment

Short term alcohol and other drug counseling and treatment is available on campus to students through the Counseling 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. 

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UTC ON-CAMPUS RESOURCES–

Department	Phone	Website
Counseling 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/
University 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

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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

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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/

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Prevention and Education

Through the Counseling 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 [email protected] 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.