NorthWest Arkansas Community College

Notification to NWACC Campus Members

In accordance with the Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace Act of 1988, this notification is being sent to each NorthWest Arkansas Community College (NWACC) campus members. Its purpose is to serve as a reminder of the health risks associated with drug and alcohol abuse; of College policies related to the illegal possession, use or distribution of drugs or alcohol; of the availability of treatment for drug or alcohol problems through local health service providers and our free Counseling Services; and of the internal sanctions and federal, state and local legal penalties that may result from the illegal sale, possession, consumption, use or distribution of drugs or alcohol.

Health Risks of Alcohol 

The National Institute on Alcohol Abuse and Alcoholism, part of the National Institutes of Health, provides comprehensive information about the health risks of alcohol.

Effects: Alcohol consumption causes a number of marked changes in behavior. Even low doses of alcohol can significantly impair judgment and coordination, including that required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also can increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol can cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses can cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will provide the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of

alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. Research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics themselves.

Health Risks of Controlled Substances 

The Drug Enforcement Agency has provided a comprehensive resource guide about the health risks of controlled substances, Drugs of Abuse. Information from that document is distilled in the Health Risks of Controlled Substances chart. It outlines the health risks associated with marijuana and other controlled substances.  

NWACC Polices Related to Tobacco Use

NWACC is a tobacco-free campus.  Smoking, the use of tobacco products, vaping, and the use of e-cigarettes are prohibited on College owned, operated or controlled property, including but not limited to classrooms, offices, restrooms, stairwells, and grounds. View policy link.

NWACC Policies Related to Alcohol 

NorthWest Arkansas Community College seeks to provide its students, employees and the public with a drug-free environment. The College also has an interest in promoting the highest possible standard of health and welfare among its students, faculty and staff. Therefore, it is the policy of NWACC to discourage the unlawful use of controlled substances and the misuse or abuse of alcohol by its students and employees at any time.

The unlawful manufacture, distribution, dispensation, possession, or use of alcohol or controlled substances, including illicit drugs, is prohibited on property owned or operated by NWACC or as part of any of its activities.

As a part of its resolve to develop and uniformly apply a general alcohol policy, NWACC is committed to educating members of the College community about alcohol use and abuse. NWACC  offers a range of programs, services, and resources to educate students about the risks associated with alcohol and drug use and abuse. Including online drug and alcohol awareness courses in Vector.  Other educational programs and presentations are offered throughout the year.

The College expects responsible behavior by students of legal age who choose to drink alcoholic beverages and requires an environment free of coercion for those who choose to abstain. Therefore, students must adhere to College guidelines for responsible and legal consumption of alcoholic beverages, which are outlined in the NWACC Student Code of Conduct.

NWACC follows all federal, state, and local laws regarding the sale, possession, and consumption of alcoholic beverages. Under Arkansas law, it is illegal to sell, provide or serve beer, wine, or liquor to anyone who is under the age of 21. Servers of alcohol and sponsors of social events on campus or a College-sponsored function must be aware of, and comply with, all federal, state, and local laws and with College alcohol policies and procedures

Any student, faculty or staff member found to be in violation of the federal, state and or local laws, or who violates the College's alcohol and other drug policies is subject to disciplinary procedures and/or referral to the appropriate authorities for legal prosecution. The College disciplinary sanctions that can be applied range from a warning for first-time, underage offenders (alcohol only), to probation and dedicated rehabilitation counseling for repeat offenders and those whose behavior suggest the presence of an alcohol/drug abuse problem. However, depending on the circumstances involved, the College may impose any of the sanctions listed in the Student Code of Conduct upon students who are found responsible, up to and including dismissal, and

registered student organizations that persistently violate regulations will face the loss of College recognition.

Alcohol and Drug Education and Referral Services 

Counseling services are provided to assist students, faculty and staff in times of stress or to help students overcome barriers to their success. These services include counseling for substance abuse issues. NWACC offers free, confidential counseling to any student, faculty or staff in need. Counseling may be provided in person or via telehealth. The NWACC Counseling & Wellness Center offers the I Am Group, a weekly group therapy option which includes helping members discover more of what it means to have self love, self acceptance, and connect with other who are on the road to recovery. Call 479-619-4237 for more information or email counseling@pompim.com.  

In addition to the Counseling & Wellness Center, employees have access to an Addiction Care Navigator through NWACC’s EAP, Curalinc. The employee medical plan also includes benefits for treatment for substance abuse. Employees may log in to their Blueprint Portal for coverage information.  

Additionally, students, faculty and staff can be connected to off-campus resources.

Local support group meetings and information may be found at the following links.

• NWA Alcoholics Anonymous
• Narcotics Anonymous
• Al-Anon

 

Federal and State Penalties

State of Arkansas Sanctions and Penalties

In addition to being dangerous and possibly causing harm and/or death to the driver or others, driving under the influence of alcohol or drugs can result in serious criminal charges. If charged with driving while intoxicated (DWI) in Arkansas, you could spend from 24 hours in jail and up to six years. Fines and penalties associated with a DWI conviction range from $150 to $5,000. Add legal fees and missed work it can add up to much more. There are no plea bargains for DWI.

Driving While Intoxicated in Arkansas

Arkansas DWI laws prohibit operating or being in actual control of a motor vehicle or motorboat with a blood alcohol concentration (BAC) of 0.08% or more or while under the influence of a controlled substance or an intoxicant. The BAC limit is 0.04% if operating a commercial vehicle.

Underage DUI Law – The State of Arkansas' "Underage DUI (Driving Under the Influence) Law" makes it an offense for a person under the age of 21 with a blood alcohol content of .02 or higher (approximately one can of beer, one glass of wine, or one drink of hard liquor) to operate a motorized vehicle. They can be charged with the adult DWI offense if they are a minor with a BAC of 0.08% or more.

Being in actual control means the vehicle does not have to be moving for a person to face a DWI charge. The person could be sitting in the vehicle or have the boat anchored. A law enforcement officer can take many factors into consideration when deciding if the person might be able to put the vehicle in motion.

A motor vehicle can be any device with a motor or that can be human-powered – not just cars, trucks, or motorcycles. This includes bicycles, mobility scooters, and golf carts.

Arkansas Implied Consent Law and Chemical Tests

By having a boating or driver's license you agree to abide by the state boating and driving laws. If you are a licensed motorist in Arkansas, you have consented to have your breath, urine, or other bodily fluid tested when a law enforcement officer has a reasonable suspicion you are driving while intoxicated. These chemical tests determine the extent of your impairment. Test results are evidence of your impairment.

While you can refuse to comply when a police officer asks you to submit to a breath test, blood test, or to supply urine samples, you will lose your driving privileges for at least 180 days, regardless of whether you were actually intoxicated. A second refusal within five years will increase your suspension period to 24 months.

Criminal Penalties

• First-time DWI conviction: A jail sentence from one day to up to one year, or a minimum of 24 hours of community service. Fines range from $150 to $1000.
• Second offense within five years: A sentence of seven days to one year in jail, or a minimum of 30 days of community service. Fines range from $400 to $3000.
• Third offense within five years: Increases jail time to 90 days to one year or a minimum of 90 days of community service. Fines range from $900 to $5000.

• Fourth or subsequent offense: Felony. Community service is not available.
• If a minor aged 16 or less is in the vehicle during the DWI, penalties will be enhanced.
• If the BAC is .15 or higher, penalties will be enhanced
• Underage DUI: A fine of no less than $100 or more than $500, assignment to public service work, and/or completion of an alcohol and driving education program.

Driver's License Penalties

Law enforcement will immediately, upon arrest, confiscate your driver's license. You lose your license for 90 days for a first offense. The suspension period is 24 months for a second offense and 30 months for a third DWI within five years.

You may apply for a restricted license, which allows you to drive under limited circumstances after installing an ignition interlock device (IID) in your vehicle. An IID is a breathalyzer-like machine that requires you to submit a breath sample. If it detects alcohol, your vehicle will not start. You will need to have the IID for the length of your license suspension. You must maintain the IID permanently after a fourth offense within five years.

To regain your license, you must:

• Complete a drug and alcohol education and treatment program
• Attend a victim's impact panel
• Maintain an IID for the length of suspension time with no violations
• Pay a reinstatement fee

An underage DUI conviction will suspend driving privileges for 90 days for the first offense and one year for the second. A third offense within five years will suspend driving privileges for three years or until age 21, whichever time frame is longer. Reinstatement requirements are the same as for an adult.

Public Intoxication – Arkansas State Statute 5-7-212 defines Public Intoxication as a Class C misdemeanor that occurs when someone(1) appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree that they are likely to endanger themself or other persons or property, or (2) unreasonably annoys persons in their vicinity substance, (3) endangers themselves or others, (Penalties for public intoxication can result in a fine of up to $500, probation for up to one year, completion of a drug/alcohol treatment program, and/or imprisonment in the county jail (or other authorized institution) for up to 30 days.

• Drinking in Public – A person commits the offense of "Drinking in Public" if that person, other than in a place of business licensed to sell alcoholic beverages, consumes alcohol in any public place. This includes consumption while in a vehicle, in any common public transportation and/or their depots, in a waiting room, on a street or highway, or other public place. This section does not prohibit or restrict the consumption of alcohol when consumed as par of a recognized religious ceremony or ritual; or within the physical boundaries of a designated entertainment district. Drinking in public is a Class C misdemeanor. Penalties include a fine of up to $100 and/or imprisonment for up to 30 days. 

• Possession of Alcohol by a Minor – It is illegal for a person under the age of 21 to purchase or possess alcohol. Penalties include a fine of up to $500, probation under the direction of the court, and driver's license suspension for a period of up to one year.
• Knowingly Furnishing to a Minor – A person commits the offense of "Knowingly Furnishing to a Minor" if, being an adult, over the age of 18, they knowingly purchase for or provide alcoholic beverage to a minor. Such an offense is a Class A misdemeanor and can result in (1) a fine of up to $500 and suspension of driver’s license for a minimum of 60 days and up to 1 year..
• Manufacture or Delivery of a Controlled Substance – It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Penalties for the manufacture or delivery of a controlled substance can range from three (3) years to life in prison and fines up to $250,000, depending on the quantity and type of drug. In addition, real and personal property used in the manufacture, delivery, or importing of controlled substances may be forfeited to the government.
• Manufacture or Delivery of a Counterfeit Substance – It is unlawful for any person to create, deliver, or possess with intent to deliver a counterfeit substance purporting to be a controlled substance. Penalties for the creating and/or delivery of a counterfeit substance can range from 1 to 20 years in prison and fines up to $15,000, depending on the type of drug being counterfeited.
• Possession of a Controlled or Counterfeit Substance – It is unlawful for any person to possess a controlled substance or counterfeit substance. Penalties for possession of a controlled or counterfeit substance can range from 1 to 10 years in prison and fines up to $10,000, depending on the type of drug (or counterfeit) possessed.

Federal Sanctions and Penalties

Medical Marijuana: NWACC is subject to the federal Drug Free Schools and Communities Act Amendments, a federal law which mandates campus communities be free of controlled substances, including marijuana.   Federal law prohibits the use of medical marijuana in any form, including but not limited to smoking, tinctures, topicals, edibles and oils. Because of the College’s obligations to comply with the Drug Free Schools and Communities Act as a recipient of federal funds, NWACC must observe and has adopted the federal standard.  Therefore, the use, possession, manufacture, cultivation, dissemination or being under the influence of medical marijuana on College property or at College-related activities is prohibited.  Possessing or distributing drug paraphernalia is also prohibited whether or not the medical marijuana or paraphernalia was used on-campus, regardless of a medical permit.

Federal law forbids the illegal possession of controlled substances. A person convicted for the first time of possessing (without the intent to distribute) a controlled substance, other than crack cocaine, may be sentenced to up to 1 year in prison and fined a minimum of $1,000. A second conviction carries a prison term of at least 15 days but not more than 2 years, and a minimum fine of $2,500. A third conviction carries a prison term of at least 90 days but not more than 3 years, and a minimum fine of $5,000. Imprisonment for 5 to 40 years and a minimum fine of $1,000 apply to persons possessing more than five grams of crack cocaine on the first conviction, three grams on the second, and one gram on subsequent convictions. In addition to the above sanctions, a person convicted of possessing a controlled substance may be punished by forfeiture of property used to possess or facilitate possession or property derived from any proceeds obtained directly or indirectly from the violation, if the offense is punishable by more than one year in prison; forfeiture of any conveyance used to transport or conceal a controlled substance; denial of Federal benefits, such as student loans, for up to one year for a first Federal or State possession conviction and for up to five years for a subsequent Federal or State possession conviction; ineligibility to receive or purchase a firearm; and a civil penalty of up to $10,000. 

Federal law also prohibits illegal trafficking or manufacturing of a controlled substance. Anyone violating this section is subject to the specified imprisonment, fine or both. Federal trafficking penalties are set forth in the chart linked here. The penalties set forth in the chart can, under certain circumstances, be enhanced by a multiple of two or three if such offenses are committed at or near a public or private school, college or university, or if the drugs were sold to persons under the age of 21. A trafficking offense committed after a person has been convicted of two previous felony drug offenses results in mandatory life imprisonment. In addition, if convicted of a drug trafficking offense, a person will lose Federal benefits (including school loans) for up to 5 years for a first offense, up to 10 years for a second offense, and for life for a third or subsequent offense.  Federal law also prohibits the sale of drug paraphernalia. The penalty for violating this law is imprisonment for up to 3 years and a fine.

Violation of these laws may also be a violation of College policies and could result in civil liability.

This information is provided as a general summary of the major applicable laws.  While it is believed to be accurate at the time of issuance, keep in mind that laws frequently are amended and reinterpreted, that the application of law to specific situations generally requires an analysis of all the facts and circumstances, and that this information therefore should not be substituted for specific legal advice.

Parental Notification Guidelines for Alcohol and Controlled Substances Violations 

These guidelines are in response to the Higher Education Amendments of 1998.  These amendments created an exception to the Family Educational Rights and Privacy Act (FERPA), enabling colleges and universities to notify parents or legal guardians, under certain circumstances, of a student under 21 that uses or possesses alcohol or a controlled substance. NorthWest Arkansas Community College may establish a collaborative partnership with parents and actively involve them, when appropriate, in addressing student behavior as it relates to alcohol and drugs.

Notification of parents/guardians may be done when the College believes it may help the student.  When practical, conversations normally are held with the student before contact is made with parents/guardians in an effort to determine whether such contact is the best course of action.

Factors that may be considered when deciding to contact a student's parent or guardian are:  A consistent pattern of destructive or harmful behavior; behavior that may affect the student's overall well-being or the well-being of others; behaviors that may jeopardize their ability to remain a student; and/or a situation or imminent danger.

When determining parental notification to be in the best interest of the student, it is the College's philosophy to assist the student in contacting their parent/guardian directly.  In most cases, the College will intervene only when a student is unwilling or unable to contact their parent/guardian.

Questions or concerns regarding these guidelines should be directed to the Dean of Students Office at deanofstudents@pompim.com or 479-619-4313.