III. Student Standards of Conduct

JMU reserves the right to develop and implement new rules, guidelines and student standards of conduct not presently included in this document. It is the responsibility of the university to make a reasonable attempt to inform the student body of any change in or addition to the current policies and regulations.

James Madison University is a community of diverse individuals who have come together for the purpose of education. As with any community, the university must establish guidelines for behavior which will produce the type of environment necessary to best achieve its mission.

J38-100 Alcohol and/or Drugs

J38-101 Alcohol
Students who violate state laws, county laws, or city ordinances are subject to prosecution and also university disciplinary action. Students are reminded of the following regulations:
J38-101.1 Individuals must be 21 years of age to buy, possess or drink alcoholic beverages.
J38-101.2 Alcoholic beverages may not be sold or furnished to any person who at the time of sale or exchange is underage or visibly under the influence of alcohol.
J38-101.3 Falsely representing one's age for the purpose of purchasing or possessing alcohol is against University standards of conduct
J38-101.4 Drunkenness and/or possession of open containers of alcohol in public areas are prohibited.
J38-101.5 Alcoholic beverages may not be possessed, distributed or consumed at events open to the general university community and held on university property except when specific written approval has been obtained for the event in advance. Sponsors are responsible for assuring that all persons in attendance at an event comply with state alcohol law and university alcohol policy.
J38-101.6 Kegs, party balls or other large containers with alcohol are prohibited unless previously approved by Special Events and Catering Services. All kegs and other alcohol containers must also comply with Virginia's ABC rules and regulations.
J38-101.7 Driving a motor vehicle while intoxicated is prohibited.

J38-102 Drugs
J38-102.1 No student shall use or possess an illegal drug as defined by the Drug Control Act of the Commonwealth of Virginia.
J38-102.2 University policy conforms with state law with regard to drug paraphernalia.
J38-102.3 Drug Distribution: no student shall distribute an illegal drug as defined by the Drug Control Act of the Commonwealth of Virginia.

IV.UniversityPolicies

J38-103 Alcohol and Drugs
J38-103.1 Criminal Sanctions - Alcohol
Virginia's Alcohol Beverage Control Act contains a variety of laws governing the possession, use and consumption of alcoholic beverages. The act applies to the students and employees of this institution. As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below:

1. It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to 12 months, a fine up to $2,500 or both. Additionally, such person's Virginia driver's license may be suspended for a period of not more than one year.
2. It is unlawful for any person to sell alcoholic beverages to persons under the age of 21. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to 12 months, a fine up to $2,500 or both.
3. It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, he knows or has reason to know that the person for whom the alcohol is being purchased is under the legal drinking age. The criminal sanction for violation of the law is the same as item 2 above.
4. It is unlawful for any person to consume alcoholic beverages in unlicensed public places. Violation of the law, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.

J38-103.2 Criminal Sanctions - Controlled Substances and Illicit Drugs
The unlawful possession, distribution and use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, are prohibited in Virginia. Controlled substances are classified under the act into schedules ranging from Schedule I through Schedule VI, as defined in sections 54.1-3446 through 54.1-3456 of the Code of Virginia (1950), as amended. As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below:

1. Possession of a controlled substance classified in schedules I or II of the Drug Control Act, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment ranging from one to 10 years or, in the discretion of the jury or the court trying the case without a jury, either confinement in jail for up to 12 months, a fine up to $2,500 or both.
2. Possession of a controlled substance classified in Schedule III of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to 12 months, a fine up to $2,500 or both.
3. Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to six months, a fine up to $1,000 or both.
4. Possession of a controlled substance classified in Schedule V of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $500.
5. Possession of a controlled substance classified in Schedule VI of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.
6. Possession of a controlled substance classified in Schedule I or II of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a felony conviction for which the punishment is imprisonment from five to 40 years and a fine up to $100,000. Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and be fined up to $100,000.
7. Possession of a controlled substance classified in Schedules III, IV or V of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to one year, a fine up to $2,500 or both.
8. Possession of marijuana, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to 30 days, a fine up to $500 or both. Upon a second conviction, punishment is either confinement in jail for up to one year, a fine up to $2,500 or both.
9. Possession of less than one-half ounce of marijuana with intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to one year, a fine up to $2,500 or both. If the amount of marijuana involved is more than one-half ounce to five pounds, the crime is a felony with a sanction of imprisonment from one to 10 years or, in the discretion of the jury or the court trying the case without a jury, either confinement in jail for up to one year, a fine up to $2,500 or both. If the amount of marijuana involved is more than five pounds, the crime is a felony with a sanction of imprisonment from five to 30 years.

J38-104 Health Risks
Many physical and psychological health risks are associated with abuse of alcohol and other substances. Such behavior may result in problems in school, work or relationships. Listed below are some health risks associated with substance abuse:

Difficulty with attention and learning

Physical and psychological dependence

Damage to the brain, liver, heart

Unanticipated or unprotected sexual activity

Sexual Assault

Accidents due to impaired judgment and coordination

Blackouts, poisoning, overdose

Psychological problems

Driving under the influence/driving while intoxicated

Interference with emotional and academic well-being of other students or family members

Abusive/violent behavior

Disorientation

Staff members at the health center and the counseling center can provide you with additional information about these concerns or you can go online to www.factsontap.org or www.drugabuse.org. If you are worried about your own health or that of a friend, please consult one of the resource people listed for assistance.

J38-105 Campus Resources

Counseling and Student Development Center, Varner House, 568-6552

Assistant Director for Health Promotions, Health Center, 568-6177

Peer Educators, Health Center, 568-6177

Office of Judicial Affairs, Frederikson Hall, C-Section, 568-6218

For additional information about local resources for treatment of substance abuse problems, consult the Counseling and Student Development Center or the University Health Center.

J38-106 Large Events
The following areas are available to groups for large events:

Phillips Hall Ballroom

Godwin Hall

Convocation Center

Grafton Stovall Theatre

College Center Ballrooms

Designated, confined outdoor space in low-traffic areas of campus in a moderately self-controlled environment

J38-107 Conditions for Approval of Events Where Alcohol is Served
The expectation is that the majority of persons in attendance will have reached the legal age for the beverage being served before consideration will be given for the application of an ABC license.

1. The focus of the event is not limited to alcohol consumption.
2. Nonalcoholic beverages must be available at all times that alcoholic beverages are being sold and at a comparable price.
3. Sponsors will provide solid food in order to moderate the effects of alcohol consumption and will continue to have food available as long as alcohol is being served.
4. No social event shall include any form of "drinking contest" in its activities or promotion.
5. Publicly distributed materials, including advertisements for any university event, shall not make reference to the availability of alcoholic beverages.
6. Individuals sponsoring the event are responsible for taking measures to ensure that alcoholic beverages are not accessible or served to persons under the legal age. This requires verifying age on entry to the event and checking those who may drink alcohol where it is served. Persons serving or checking alcohol may not consume it prior to or while serving.
7. The entry or exit of persons with alcoholic beverages at events where alcohol is served is not permitted.
8. Sponsors are expected to abide by any additional rules for the facility where the event occurs. Specific information pertaining to residence hall room, suite and recreation room parties is outlined in the residence hall section of this handbook, the residence hall handbook or the Inter-Fraternity Council alcohol policy.