Regulations for Proper Student Conduct

Drug & Alcohol Education

The following information is a part of our drug/alcohol education program. Additional information can be gained from the Offices of the Dean of Women and the Dean of Men (Central Hall) or at the Health Center at 183 Hillsdale Street, 9:00 a.m. to noon and 1:00 - 4:00 p.m., Monday through Friday. Maureen Cousino, R.N., is on on-call duty 24 hours a day, each day of the week, at (517) 283-2561.

MICHIGAN LAWS

18.997(3) Furnishing of alcoholic liquor for consideration; license required.

Sec. 26c (1) A person shall not maintain, operate, lease, or otherwise furnish to any person, any premises or place which is not licensed under this act, where the other person may engage in the drinking of alcoholic liquor for any consideration.

18.1003 Traffic in wine, spirits, alcohol and liquor by licensees only.

Sec. 32. A person, directly or indirectly, himself or herself or by his or her clerk, agent or employee shall not manufacture, manufacture for sale, sell, offer or keep for sale, barter, furnish, or import, import for sale, transport for hire, or transport, or possess any alcoholic liquor unless the person complies with this act. (MCL 436.32)

History, As amended by Pub Acts 1989, No. 118, imd eff June 28.

11. Construction and effect. A civil cause of action exists for injuries or death caused by the furnishing of alcoholic beverages to a person under 21 years of age by a social host. Longstreth v. Gensel, 423 Mich 675.

The sale or furnishing of alcoholic liquor to a person who is less than 21 years of age is prohibited by the constitution and the Liquor Control Act; the prohibition is not limited to persons who are licensed to sell alcoholic liquor, but applies to all persons, including social hosts. Longstreth v. Gensel, 423 Mich 675.

A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor; violation of the statute.

*Notice Social Host Liabilities pertaining thereto gives rise to a prima facie case of negligence; such statute gives rise to a civil cause of action for injuries or death caused by the furnishing of liquor to a minor by a social host or other persons not falling under the purview of the Liquor Control Act; however, averments that such defendants negligently supervised the dispensation and consumption of alcohol by persons under 21 years of age do not state a cause of action upon which relief can be granted. Reinert v. Dolezel, 147 Mich App 149.

18.1004(2) Prohibition against purchase, consumption, or possession of alcoholic liquor by person less than 21 years of age; fines and penalties.

Sec. 33b (1) A person less than 21 years of age shall not purchase alcoholic liquor, consume alcoholic liquor in a licensed premises, or possess alcoholic liquor, except as provided in section 33a(1) of this act. A person less than 21 years of age who violates this subsection is liable for the following civil fines and shall not be subject to the penalties prescribed in section 50:

(i) For the first violation a fine of not more than $25.00.

(ii) For a second violation a fine of not more than $50.00, or participation in a substance abuse prevention services as defined in section 6107 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.6107 of the Michigan Compiled Laws and designated by the administrator of substance abuse services, or both.

(iii) For a third or subsequent violation a fine of not more than $100.00, or participation in substance abuse prevention services as defined in section 6107 of the public health code, Act No. 368 of the Public Acts of 1978, and designated by the administrator of substance abuse services, or both.

DRIVING UNDER INFLUENCE AND RECKLESS DRIVING

P.A. 211 OF 1994 SEC. 625(B)

Zero Tolerance Law — “A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol contents.” As used in this section, “any bodily alcohol content” means a blood alcohol content of 0.02% or not more than 0.07%. Persons with a blood alcohol content of 0.08% to 0.09% shall be considered impaired. A content of .10% is considered O.U.I.L.

Except as otherwise provided, a person convicted of violating this law may be sentenced to one or both of the following:

(1) Service to the community without compensation for a period of not more than 45 days.

(2) A fine of not more than $250.

In addition, the person’s drivers license may be confiscated and destroyed if the subject registers an “unlawful alcohol content” or if the person refuses to submit to a Breathalyzer test. If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to 60 days of community service and a $500 fine, in addition to other penalties. A person arrested for violation of this Act will be held at the county jail for eight hours or until it is determined that they are able to ambulate safely.

257.625 Driving under influence. MSA 9.2325. Sec. 625.

(1) A person, whether licensed or not, who is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance, shall not operate a vehicle upon a highway or other place open to the general public, including an area designated for the parking of vehicles, within the state. A peace officer may, without a warrant, arrest a person when the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a vehicle involved in the accident and was operating the vehicle upon a public highway or other place open to the general public, including an area designated for the parking of vehicles, in the state while in violation of this subsection or of subsection (2), or of a local ordinance substantially corresponding to this subsection or subsection (2).

0.10% Per Se Law.

(2) A person, whether licensed or not, whose blood contains 0.10% or more by weight of alcohol, shall not operate a vehicle upon a highway or other place open to the general public, including an area designated for the parking of vehicles, within the state.

Permitting person under influence to drive.

(3) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public, including an area designated for the parking of motor vehicles, within the state by a person who is under the influence of intoxicating liquor or a controlled substance, or a combination of intoxicating liquor and a controlled substance.

DRIVERS’ LICENSES

257.310 Same; issuance. MSA 9.2010 Sec. 310.

(1) The secretary of state shall issue to each person licensed as an operator, an operator’s license, and to each person licensed as a chauffeur, a chauffeur’s license. An applicant for a motorcycle indorsement under section 312a or a vehicle group designation or indorsement shall first qualify for an operator’s or chauffeur’s license before the indorsement or vehicle group designation application is accepted and processed.

Contents, manner of manufacture.

(2) The license shall bear the distinguishing number permanently assigned to the licensee and shall contain the name, date of birth, address of residence, an imprinted photograph, and the signature of the licensee, and shall be manufactured in a manner to prohibit as nearly as possible the ability to reproduce, alter, counterfeit, forge, or duplicate the license without ready detection. In addition, a license with a vehicle group designation shall contain the information required pursuant to 49 C.F.R. part 383. Reproduction prohibited.

(3) A person who intentionally reproduces, alters, counterfeits, forges, or duplicates a license photograph, the negative of the photograph, a license, or a part of a license, or who uses a license or photograph which has been reproduced, altered, counterfeited, forged, or duplicated shall be punished as follows:

(a) If the intent of reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense punishable by imprisonment for one or more years, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a misdemeanor, punishable by imprisonment for a period equal to that which could be imposed for the commission of the offense the person had the intent to aid or commit. The court may also assess a fine of not more than $10,000.00 against the person.

(b) If the intent of the reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense punishable by imprisonment for not more than one year, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or a fine of not more than $1,000.00, or both.

ALCOHOL/LIQUOR IN VEHICLE

Excerpts from Act 8, P.A. 1933, E.S., as amended

436.33a. Transportation or possession of alcoholic liquor in vehicle by minor. MSA 18.1004(1) Sec. 33a

(1) A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, alcoholic liquor unless the person is employed by a licensee under this act, a common carrier designated by the commission, the liquor control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment. A person who violates this subsection is guilty of a misdemeanor.

436.33b. Minors; fraudulent identification to purchase alcoholic liquor. MSA 18.1004(2) Sec. 33b.

(1) A person less than 21 years of age shall not purchase alcoholic liquor, consume alcoholic liquor in a licensed premises, or possess alcoholic liquor, except as provided in section 33a(1) of this act. A person less than 21 years of age who violates this subsection is liable for the following civil fines and shall not be subject to the penalties prescribed in section 50:

(i) For the first violation a fine of not more than $25.00.

(ii) For a second violation a fine of not more than $50.00, or participation in substance abuse prevention services as defined in section 6107 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.6107 of the Michigan Compiled Laws and designated by the administrator of substance abuse services, or both.

(iii) For a third or subsequent violation a fine of not more than $100.00, or participation in substance abuse prevention services as defined in section 6107 of the public health code, Act No. 368 of the Public Acts of 1978, and designated by the administrator of substance abuse services, or both.

(2) Fifty percent of the fines collected under subsection (1) shall be deposited with the state treasurer for deposit in the general fund to the credit of the department of public health for substance abuse treatment and rehabilitation services.

(3) A person who furnishes fraudulent identification to a person less than 21 years of age, or a person less than 21 years of age who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor. The court shall order the secretary of state to suspend, for a period of 90 days, the operator or chauffeur license of a person who is convicted of using fraudulent identification in violation of this subsection and the operator or chauffeur license of that person shall be surrendered to the court. The court shall immediately forward the surrendered license and a certificate of conviction to the secretary of state. A suspension ordered under this subsection shall be in addition to any other suspension of the personÕs operator or chauffeur license.

(4) This section shall not be construed to prohibit a person less than 21 years of age from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed by this act, by the liquor control commission, or by an agent of the liquor control commission, if the alcoholic liquor is not possessed for his or her personal consumption.

(5) This section shall not be construed to limit the civil or criminal liability of the vendor or the vendor’s clerk, servant, agent, or employee for a violation of this act.

(6) The consumption of alcoholic liquor by a person under 21 years of age who is enrolled in a course offered by an accredited post secondary educational institution in an academic building of the institution under the supervision of a faculty member shall not be prohibited by this act if the purpose is solely educational and a necessary ingredient of the course.

Am. 1986, Act 176

436.34 Alcoholic liquor consumed on public highways or in public parks. MSA 18.1005 Sec. 34. No alcoholic liquor shall be consumed on the public highways. No alcoholic liquor, except beer and/or wine shall be consumed in public parks and places of amusement not licensed to sell for consumption on the premises.

436.34a Transportation or possession of alcoholic liquor in vehicle in uncapped, open or broken seal container. MSA 18.1005(1) Sec. 34a. A person shall not transport or possess any alcoholic liquor in a container which is open, uncapped, or upon which the seal is broken, within the passenger compartment of a vehicle on the highways of this state. If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open, uncapped, or upon which the seal is broken shall be encased or enclosed.

This section shall not apply to any chartered passenger vehicle licensed by the Michigan public service commission.

Add. 1973, Act 49

CRIMINAL SEXUAL CONDUCT CODE

ACT 266

Any person who has sexual contact and/or sexual penetration with a victim and knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless may be in violation of the criminal sexual conduct code. Act #266 of the Public Acts of 1974 provides penalty for violation from two years imprisonment to life in prison depending on the circumstances.

CONTROLLED SUBSTANCES

(1) Unlawful Manufacture, Delivery, or Possession with Intent to Manufacture or Deliver (MCLA 333.7401(1)

Except as authorized by this article, a person shall not manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance…

(2) Distribution to minors. Felony with penalties depending on substances involved. (MCLA 333.7410(1)

(3) Distribution of marijuana without remuneration. Misd. 1 year (MCLA 333.7410(2)

(4) Possession of controlled dangerous substance; penalties (MCLA 333.7403)

Sec. 7403. (1) A person shall not knowingly or intentionally possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.

(5) Use of controlled dangerous substance; penalties (MCLA 333.7404)

Sec. 7404. (1) A person shall not use a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.

(6) Probable cause; arrest without warrant. (MCLA 333.7501)

A sheriff, deputy sheriff, or local or state police officer who has reasonable cause to believe that a violation of this article punishable by imprisonment for one year or more has taken place or is taking place, and reasonable cause to believe that an individual has committed or is committing the violation, may arrest that individual without a warrant for that violation whether or not the violation was committed in the law enforcement officer’s presence.

COMMENT: The section gives police officers the authority to arrest for more serious misdemeanor.

(7) Property subject to forfeiture. (MCLA 333.7521)

Sec. 7521. The following are subject to forfeiture:

(a) A controlled substance which has been manufactured, distributed, dispensed, possessed, or acquired in violation of this article.

(b) A raw material, product, or equipment of any kind which is used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled substance in violation of this article.

(c) Property which is used, or intended for use, as a container for property described in subdivision (a) or (b).

(8) Inhalation of Chemical Agents. Misd. (MCLA 752.272)

(a) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

(b) Definition: (MCLA 752.271) “Chemical agents” means any substance containing a toxic chemical or organic solvent or both, having the property of releasing toxic vapors. The term includes, but is not limited to, glue, acetone, toluene, carbon tetrachloride, hydrocarbons and hydrocarbon derivates.

FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE

21 U.S.C. 844(A)

1st conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000 or both.

After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500 but not more than $250,000, or both.

After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000 but not more than $250,000, or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least five years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

(a) 1st conviction and the amount of crack possessed exceeds five grams.

(b) 2nd crack conviction and the amount of crack possessed exceeds three grams.

(c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds one gram.

21 U.S.C. 853(a)(2) and 881(a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack).

21 U.S.C. 881(a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.

NOTE: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.