The college years are a transformative time, rich with opportunities for personal growth and discovery. However, at the ground level, campus life also offers opportunities to make unwise choices, such as involvement with illicit drugs (which are readily available on some campuses). Colleges and universities typically take a strict stance against the presence or use of drugs among their students, and penalties frequently include suspension or expulsion from school.
In your case, perhaps it was an honest mistake or a lapse in judgment, or perhaps you were just in the wrong place at the wrong time, and you've been wrongly accused. Nevertheless, if you're a college/university student facing disciplinary actions over drug-related offenses, your academic and professional future may hang in the balance. Your best hope of getting through this time with your prospects intact is to hire an experienced education law attorney to help you navigate the crisis. The Lento Law Firm's Student Defense Team has nationwide experience helping college students like you who are facing drug-related allegations from their school. To schedule a consultation, call us today at 888-535-3686 or reach out using the online form.
Common Drug-Related Offenses in Colleges or Universities
Every school has policies stated in its Code of Student Conduct regarding the illicit use or possession of drugs. Some may limit their jurisdiction to campus grounds, but most extend their authority to places like school-sponsored events, student organization locations (e.g. fraternity residences), or other off-campus facilities. Among the most common offenses that could result in disciplinary action include the following.
Use, Possession, Purchasing, Manufacturing, or Distribution of Controlled Substances
The use, possession, or distribution of controlled substances such as marijuana, heroin, or narcotics is strictly prohibited under college policies. Even in states where recreational marijuana is legal, it's still prohibited on virtually all college campuses because they all receive federal funding.
Constructive Possession of Controlled Substances
Constructive possession occurs when a student is deemed to have control over an area where drugs are found, such as a dorm room or vehicle. Even if the substances do not belong to them, students can still be held accountable. This situation highlights the importance of understanding one's responsibilities when sharing spaces with others. Students should be vigilant about who they allow into their personal environments and ensure that they are not unknowingly implicated in illegal activities.
Being Under the Influence on Campus
Being under the influence of illegal drugs on college premises or during university-sanctioned events can also lead to disciplinary measures. Such behavior not only affects a student's health and safety but can also disrupt the learning environment for others.
Selling, Delivering, or Furnishing Illegal Drugs
Engaging in the sale or distribution of illegal drugs is one of the most serious drug-related offenses a student can commit. Institutions typically take a zero-tolerance approach to such activities, often resulting in immediate expulsion and usually notification of law enforcement authorities.
Hosting or Organizing Drug-Related Parties
Hosting events where drugs are present is a significant violation of college policies. Students found responsible for such actions risk losing university housing and facing disciplinary actions. The social ramifications can be profound, leading to estrangement from friends and challenges in building future connections.
Possession of Drug Paraphernalia
Possession of items such as pipes or bongs, even in the absence of drugs, is often prohibited under college rules and can lead to disciplinary actions even if no drugs are found. These items are considered drug paraphernalia, and their presence suggests the presence of drugs. Students should be aware that even seemingly innocuous items can have serious consequences if they're linked to drug use.
Misuse of Legal or Synthetic Substances
In addition to blanket prohibition on illicit drugs, schools may also penalize the misuse of legal or synthetic substances. These substances alter one's mental or physical state and represent a growing concern on college campuses. Students engaging in such behavior risk impairing their cognitive functions, which can negatively impact their academic performance and overall well-being.
Impaired Driving Due to Drug Use
Like drinking and driving, driving under the influence of drugs poses significant risks, including accidents, injuries, or fatalities. Colleges impose strict penalties for impaired driving, which can include suspension or expulsion. Even if impaired driving occurs off campus, if you're arrested for drug- or alcohol-related DUI, the school may reserve the right to impose disciplinary action regardless of whether the police file charges against you.
Drugging Another Person Without Consent
The act of drugging someone without their consent is a serious offense with severe disciplinary consequences. It typically results in expulsion if you are reported and found guilty.
The Disciplinary Process for Drug-Related Allegations
While the range of disciplinary actions for drug-related offenses may range from mild to severe depending on circumstances, most colleges and universities reserve the right to suspend or expel students found guilty of these offenses. While every school has its own procedures for dealing with accusations, the process is usually similar across schools, following a series of steps similar to the below:
- Complaint: Someone reports your conduct to the school authorities.
- Investigation: School officials may initiate an investigation to collect evidence, speak with witnesses, and review relevant documents.
- Hearing: If enough evidence of wrongdoing is discovered, schools typically hold a formal hearing before a disciplinary board where you can tell your side of the story.
- Determination: After considering all evidence and testimonies, the school administration or disciplinary committee decides on the student's culpability.
- Appeal: Students often have the right to appeal the decision, which may involve a review by higher authorities within the institution, following school policies.
The Lento Law Firm Team Can Help You
Facing allegations of drug-related offenses can have serious implications for a student's academic future. Schools usually use the "preponderance of the evidence" standard to determine whether misconduct occurred (as opposed to "guilt beyond a reasonable doubt"), and they have broad authority to impose disciplinary actions, which can sometimes infringe upon students' rights. The Student Defense Team at the Lento Law Firm has extensive experience nationwide in assisting students and parents in defending against such allegations. We offer clear guidance, gather evidence, help develop a solid defense strategy, and, where possible, negotiate with the school for a fair outcome. To arrange a consultation, contact us at 888-535-3686 or reach out using the online form.
