110 Alcohol and Drugs
The unlawful manufacture, possession, use, or distribution of illicit drugs or alcohol by employees on Centre College property or as part of any Centre activity is strictly prohibited. Employees who engage in such activities are subject to disciplinary action up to and including immediate termination.
The Federal Drug Free Schools and Communities Acts Amendments of 1989 and the Drug Free Workplace Act of 1988 require all public and private institutions of higher education to develop, distribute, and publicize a policy establishing standards of conduct regarding drugs and alcohol. It is the intention of that legislation and, in complying, it is the intention of this Centre policy to address the problem of underage and irresponsible drinking and/or use of illicit drugs on our campus should such problems arise. Because employees and students do not share the same relationship to the College, parts of this policy might apply differently to each group.
The College regards intoxication as irresponsible behavior both because of its effects on an individual’s ability to exercise sound judgment and because of its potential threats to health and safety. Not only do students incur serious risks for themselves and others when they drink to excess, but also they make themselves legally liable to prosecution, as well as morally responsible, when they contribute to irresponsible consumption by others and dire consequences ensue.
Students and employees who are clearly under the influence of drugs or alcohol, in a state of intoxication, or who represent a possible threat to their own health and safety or to that of others, or who appear prone to disorderly conduct, are subject to sanctions through the College. In cases of disorderly conduct or vandalism connected with the abuse of alcohol, the fact that the offender had been drinking will not be treated as a mitigating circumstance in meting out sanctions. The Department of Public Safety and other College officials are authorized to issue citations to those who are intoxicated in public.
Whenever the use, possession, or sale of alcohol would represent a potential legal liability to the institution, the College is required to prohibit its availability. College officials cannot serve alcohol to students in violation of the law, nor can alcohol be used in places to which the public has ready access, such as athletic contests, in the dining hall, or in other locations that the College may stipulate from time to time.
Federal and State laws prohibit the illegal possession or misuse of drugs such as marijuana, barbiturates, amphetamines, prescription tranquilizers, LSD compounds, mescaline, psilocybin, DMT, narcotics (including cocaine), and opiates. Centre College will not condone the illegal possession or use of drugs and cannot and will not protect students from prosecution under State and Federal laws. In addition, possession on campus of paraphernalia for the use of drugs is a violation of College regulations and sufficient reason for disciplinary action against those who are responsible for its presence or allow it in their rooms or vehicles.
Centre intends to send a “zero tolerance” message regarding illegal possession or misuse of drugs, or knowingly being in the presence of those who possess or misuse drugs. Students found to be in violation of this policy are subject to immediate administrative suspension. An example of “knowingly being in the presence of” someone possessing or misusing drugs is standing in a discernable group of people where one or more persons is using drugs when observed by a College official, giving rise to the inference that all those in the group were participating in a drug activity. This is only one example, but there could be many such situations, so students must be sure to dissociate themselves from those possessing or misusing drugs.
It is the policy of the College that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, as defined under state law, is prohibited by the employee in the workplace or at any Centre activity. Employees who engage in such activities are subject to disciplinary action which may lead to termination of employment. As a condition of employment, each employee agrees to abide by the terms of this statement. In addition, any employee who is convicted of a drug crime for a violation occurring in the workplace must notify his or her employer of such conviction within 5 days.
It is widely acknowledged that there are significant health risks associated with the use of drugs and abuse of alcohol. Physical and psychological dependence; damage (in many cases irreversible) to vital organs such as brain, liver, lungs, heart, kidneys, and pancreas; heart attack, high blood pressure and strokes; birth defects; immunosuppression and increased susceptibility to infectious disease; coma; and death have all been attributed to use of illicit drugs or abuse of alcohol. Other less life threatening ill effects, but nonetheless serious in the college environment include nausea, convulsions, insomnia, delirium, depression, nervousness, loss of concentration, and fatigue.
Centre offers students confidential counseling services for alcohol and drug abuse through Campus Counseling Services located in the Parsons Center for Student Health and Counseling. Appointments for counseling may be made by calling 859-238-5740. In addition, the Director of Counseling Services can refer students to off-campus treatment resources, and self-help groups in the community. Any cost of off-campus treatment is the financial responsibility of the student and parents or employee. In addition, Residence Directors and Resident Assistants are annually provided with training in peer counseling and intervention techniques. Alcohol and drug education and prevention programs are available to be provided by Student Health Services and the Student Health Counseling staff. Employees may take advantage of the Employee Assistance Program by calling 1-800-865-1044 or visit AnthemEAP.com.
Students or employees who violate the standards of this drug and alcohol policy will be subject through the usual channels to disciplinary sanctions including possible suspension or expulsion for students, and termination for employees, from the College. In addition, violators may be subject to prosecution or imprisonment and/or referral for mandatory treatment/educational services under established laws, which make such violations misdemeanor or felony crimes.
The College chooses to inform employees and students of the laws of the United States and the Commonwealth of Kentucky regarding the use, sale, and possession of alcoholic beverages in Kentucky, and the local option provisions of Boyle County, and also to warn them of the serious legal penalties to which they may be subject if they violate the laws.
Laws and Penalties Regarding Alcohol and Other Controlled Substances
KRS 244.085 - Minors not to purchase liquor or to misrepresent age.
(1) No person under 21 years of age shall enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages.
(2) No person under 21 years of age shall possess for his or her own use or purchase or attempt to purchase or have another purchase for him or her any alcoholic beverages. No person shall aid or assist any person under 21 in purchasing or having delivered or served to him or her any alcoholic beverages.
(3) No person under 21 years of age shall misrepresent his or her own age for purpose of inducing any licensee, or other employee of any licensee, to serve alcoholic beverage to such person.
KRS 244.080 – Retail sales to minors.
(1) A retail licensee, or the licensee’s agent, servant, or employee, shall not sell, give away, or deliver any alcoholic beverages, or procure or permit any alcoholic beverages to be sold, given away, possessed by, or delivered to a minor.
(2) It shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his or her age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that he or she was of legal age to purchase alcoholic beverages.
KRS 222.202 – Offenses of alcohol intoxication or drinking alcoholic beverages in a public place.
(1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.
(2) A person is guilty of drinking alcoholic beverages in a public place when he drinks an alcoholic beverage in a public place, or in or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room.
KRS 525.100 – Public Intoxication
(1) A person is guilty of public intoxication when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.
(2) Public intoxication is a Class B misdemeanor.
KRS 189.530 – Providing Motor Vehicle to Person Intoxicated or Under Influence of Substance; Prohibition of Open Alcoholic Beverage Container in a Motor Vehicle.
(1) No person shall provide a motor vehicle to another to operate upon a highway, knowing that the other person is in an intoxicated condition, or under the influence of any substance which may impair one's driving ability.
(2) A person is guilty of possession of an open alcoholic beverage container in a motor vehicle, when he or she has in his or her possession an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway or on the right-of-way of a public highway. However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach.
KRS242.230 - Traffic in alcoholic beverages in dry county prohibited.
(1) No person in a dry territory shall sell, barter, loan, give, procure for or furnish another, or keep or transport for sale, barter, or loan, directly or indirectly, any alcoholic beverage.
(2) No person shall possess any alcoholic beverage unless it has been lawfully acquired and is intended to be used lawfully, and in any action the defendant shall have the burden of proving that the alcoholic beverages found in his possession were lawfully acquired and were intended for lawful use.
KRS 242.250
(1) No person, while representing either the buyer or seller, shall distribute, solicit or receive contracts, proposals or orders for the purchase or sale of any alcoholic beverages, or distribute any handbills or posters advertising them in dry territory.
KRS 242.370 - Search and seizure
When an officer or reputable citizen files an affidavit with any circuit or district judge, describing premises or vehicle where alcoholic beverages are sold, disposed of or possessed in violation of this chapter, the judge shall by his warrant cause the premises or vehicle to be searched for the detection of any alcoholic beverages which are possessed, or kept for disposition, in violation of this chapter.
Boyle County is a “dry territory” and also subject to the prohibitions for such territories set out by the local option statutes of KRS Chapter 242. The limited exception to Boyle County’s classification as a “dry territory” is that the City of Danville is “wet”, which authorizes the sale of alcohol in restaurants, bars, and package stores, and the drinking of alcohol on licensed premises. Despite Danville’s designation as a “wet” city, Kentucky law makes it illegal to drink an alcoholic beverage in a public place or motor vehicle. Persons convicted of violations of these statutes face the possibility of fines and/or imprisonment and will have a permanent criminal record. Legal liability could arise as well through the illegal sale or provision of alcohol to a person who is then harmed or harms someone else in an alcohol-related accident. In addition, any contribution to the irresponsible drinking of others can be grounds for personal and group liability. Students are also reminded that the legal sanctions for operating a motor vehicle while under the influence of intoxicants are severe.
KRS 189A.010 - Operating a Motor Vehicle while under the influence of alcohol or other substance which may impair driving ability is prohibited.
1st offense:
$200-$500 fine*
48 hours-30 days in jail*
2-30 days community service in lieu of fine/jail if no injury
License suspended 6 months*
(30 days if education program completed*)
$150 service fee*
If driving on license suspended for DUI,
$250 fine,*
90 days in jail*
2nd offense within a 5 year period
$350-$500 fine*
7 days-6 months in jail*
License suspended 1 year*
If driving on license suspended for DUI, $500 fine,*
1 year in jail*
3rd offense within a 5 year period
$500-$1,000 fine*
30 days-1 year in jail*
License suspended 2 years*
If driving on license suspended for DUI, $10,000 fine*
1-5 years in jail*
*Cannot be probated
KRS 222.990 - prescribes penalties for violation of public intoxication and controlled substance laws. A summary follows:
Public Intoxication
1st or 2nd offense - not less than $25
3rd offense within a 12 month period - $25 to $100 and/or imprisonment 5 to 90 days and/or education programs for 6 months
Controlled Substance
1st offense - 1 to 10 years imprisonment and/or
$3,000 to $10,000 fine
Any subsequent offense - 5 to 20 years imprisonment and/or $5,000 to $20,000 fine