Student Handbook: Relevant Laws and Potential Legal Sanctions

Students and employees are expected to abide by federal, state, and local laws related to drugs and alcohol. A summary of several of these laws and potential legal sanctions is described on this page.

Federal Law

Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from up to five years’ imprisonment and a fine of up to $250,000 to imprisonment for life and a fine of $4 million. Depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g., methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substances, including marijuana, range from up to one year in prison or a fine of at least $1,000. Penalties are more severe for subsequent offenses.

Convictions for federal drug offenses can also result in a student’s loss of eligibility for federal financial aid.

State and Local Laws

State and local laws also provide penalties for violations of laws relating to the unlawful manufacture, sale, or use or possession of drugs and alcohol. Sanctions may range from local citation to state law felonies. Penalties range from small fines to imprisonment, depending on the violation and past criminal history of the individual. Some of the most relevant state laws and local ordinances are discussed below.

Under Kansas Laws

1. Under Kansas laws related to alcohol, it is illegal for anyone to:

• Furnish cereal malt beverage or alcoholic liquor to another person under 21 years of age. The maximum penalty for such an offense is as follows: 6 months in jail; $200 minimum fine; and attend an alcohol education program.
• Host a person under 21 in such a manner that permits the minor to consume alcoholic liquor or cereal malt beverages. The maximum penalty for such an offense is as follows: 1 year in jail; $1,000 minimum fine; perform community service.
• Operate a vehicle under the influence of alcohol, drugs, or both alcohol and drugs, with a breath or blood alcohol content of .08 or more. For anyone under 21, it is illegal to do so with a breath or blood alcohol content of .02 or greater. A first offense could result in 6 months in jail or 100 hours of public service, $1,000 fine, completion of an alcohol education program, and driver’s license suspension. Additional convictions could result in 1 year in jail, fines up to $2,500, completion of an alcohol education program, driver’s license suspension, use of ignition interlock device, and impoundment of the individual’s vehicle.

2. Under Kansas laws related to drugs

• Generally, the illegal possession or illegal use of drugs may subject individuals to criminal prosecution. Kansas law also mandates for certain offenders a non-prison sanction of placement in drug abuse treatment programs. Certain other offenders, including habitual drug users and those convicted of unrelated felonies, remain subject to the punishment of imprisonment. Several specific laws and sanctions are as follows:
• The manufacturing of a controlled substance is a drug severity level 2 felony. The maximum penalty for such an offense is: 12 years imprisonment; $500,000 fine.
• Illegal possession or use of opiates, amphetamines, and narcotics is a drug severity level 5 felony. The maximum penalty for such an offense is: 3 ½ years of imprisonment; $100,000 fine.
• Unlawful possession or use of depressants (including barbiturates), stimulants, hallucinogenic drugs (including K-2 and LSD), marijuana, anabolic steroids, simulated controlled substances, and paraphernalia, as well as unlawfully obtaining and distributing prescription drugs is a Class A non-person misdemeanor and may escalate to a level 5 felony. The maximum penalty for such an offense is: 1 year imprisonment; $2,500 fine. With a prior conviction for this offense: 3 ½ years of imprisonment; $100,000 fine.
• The sale or distribution of the drugs mentioned in the previous point is a drug severity level 4 felony and may escalate to a drug severity level 1 felony. The maximum penalty for such an offense is: 4 years and 3 months of imprisonment; $300,000 fine. With prior convictions for this offense: 17 years imprisonment; $500,000 fine.

3. Coffeyville and Columbus City Ordinances

• In addition to or conjunction with the federal and state sanctions that could be imposed, the cities of Coffeyville and Columbus also have ordinances related to drugs and alcohol that could result in fines and/or imprisonment.
• In Coffeyville, people are prohibited from consuming alcohol in public or on public property, except in limited circumstances, and violations could result in a fine of up to $500 per offense. In addition, Coffeyville ordinances indicate that possessing illegal drugs could result in a fine up to $1,000 and/or a prison sentence up to 6 months in length.
• In Columbus, people are prohibited from consuming alcohol on public property (unless a permit has been granted), consuming alcohol while driving, using a fraudulent identification card to purchase or consume alcohol. Such offenses can result in a fine up to $1,000 and/or imprisonment in jail for not more than 179 days. In addition, Columbus ordinances prohibit the use or possession of simulated controlled substances and drug paraphernalia, as well as the possession of marijuana. Violations can result in fines up to $2,500 and/or up to one year in jail.

Health Risks

There are a vast array of health risks associated with chronic drug and alcohol use including but not limited to: depression; liver and kidney disease; psychosis and impaired thinking; heart attack; seizures; strokes; high blood pressure; violent outbursts; paranoia; anxiety; increased risk of birth defects and developmental issues during and after pregnancy. Contact the Dean of Students or Director of Human Resources if there is a need for assistance in finding or contacting community resources.

Amnesty Policy

Coffeyville Community College students seeking immediate medical assistance on behalf of persons experiencing drug or alcohol related emergencies will not be sanctioned for violations of CCC drug or alcohol related policies. This program is designed to promote the health and safety of our community. Any student who abuses this policy can be subject to disciplinary action for impeding the orderly process of the College.

Parental Notification Policy

Parents and/or legal guardians of students under the age of 21 will be notified after the first known violation of College policy or state law regarding drugs, or after the first known violation involving alcohol that endangered the health or welfare of the student and/or another person. Notification will also be given following a known drug or alcohol violation that results in the cancellation of a student’s housing contract, or if the student has been referred for alcohol assessment. Notification for all other offenses involving alcohol will occur after the second known violation.

Student Financial Aid

A student may be ineligible to receive financial aid if the student is convicted of an offense involving the possession or sale of a controlled substance for conduct that occurred during the period of enrollment for which the student was receiving federal student aid.

Health Risks - Alcohol/Drugs

Alcoholism is the number one drug problem in the United States and takes a toll on personal lives by affecting employment, finances, health, social relationships and families. College campuses are not exempt. Accidents and injuries are more likely to occur on College property or at College activities when alcohol or other drugs are used.

The abuse of alcohol and other drugs may lead to serious consequences. These may include the loss of resistance to disease, the development of drug tolerance and psychological dependence after sustained use, and criminal prosecution stemming from injuries inflicted on others due to driving under the influence. Every year thousands of people die in alcohol related motor vehicle accidents. Impaired drivers are responsible for almost half of all traffic fatalities.

Dangerous Devices

Coffeyville and Columbus Technical Campus Firearms Policy

According to the Federal Gun Free School Zones Act, it is unlawful for an individual to possess a firearm within 1,000 feet of an elementary or secondary school, and the Technical Campus Offices and main instructional buildings are within such a gun free school zone. Exceptions to this prohibition are made for possession in the case of:

• Individuals with a Kansas Concealed Carry License;
• Where the firearm is unloaded and in a locked container or locked firearms rack in a vehicle;
• Where the firearm is possessed or used by a law enforcement officer acting in his or her official capacity.

Main Campus Weapons Policy

All other Technical Campus buildings, Main Campus Buildings or instructional facilities NOT within 1,000 feet of an elementary or secondary school shall abide by the Main Campus weapons policy and adhere to concealed carry restrictions, storage, safety measures, enforcement or reporting measures as described below.

CCC is committed to providing a learning environment which will allow each student the ability to focus on reaching his/her education objectives. As such, policies are structured to support behavior which eliminates barriers so that a safe, non-disruptive and harassment free climate exist. CCC prohibits open carry of firearms and the possession or use of any item being used as a weapon, or destructive/dangerous device, or any facsimile of a weapon in a manner that harms, threatens or causes fear to others on campus and at off-campus activities other than as set forth in the Kansas Personal and Family Protection Act, K.S.A. 75-7c01, et seq and amendments or other applicable federal/state laws.

Each individual who lawfully possesses a handgun on campus shall be wholly and solely responsible for carrying, storing and using that handgun in a safe manner and in accordance with the law and this Policy. Any individual violating this Policy or accidentally or irresponsibly discharging a weapon will be subject to appropriate disciplinary action, including but not limited to suspension/expulsion, termination of employment, immediate removal/trespass from the premises and/or arrest.

Individuals who carry a handgun on campus must carry it concealed on or about their person at all times. “Concealed” means completely hidden from view and does not reveal the handgun in any way, shape or form. “About” the person means that an individual may carry a handgun if it can be carried securely in a suitable carrier, such as a backpack, purse, handbag or other personal carrier designed and intended for the carrying of an individual’s personal items. The carrier must at all times remain with the exclusive and uninterrupted control of the individual. It shall be a violation of this Policy to openly display and possessed handgun while on campus.

Handgun storage is not provided by CCC. An individual may store a handgun in the individual’s vehicle when the vehicle is locked and the handgun is secured in a location within the vehicle that is not visible from outside the vehicle. Handgun storage by any other means is prohibited, except in locked secure box. Specifically, it is prohibited for any individual to store a handgun in a vehicle that is unlocked or when the handgun is visible from outside the vehicle, in an (individual’s) office, in an unattended backpack/carrier, in any type of locker or in any other location and under any circumstances expect as specifically permitted by this Policy or by federal law.

The term “weapon” or “dangerous device” includes but is not limited to:

• Any object or device which will, or is designed to, or may be readily converted to expel a bullet, shot or shell by the action of an explosive or other propellant.
• Any handgun pistol, revolver, rifle, shotgun or other firearm of any nature, including those that are concealed or openly carried.
• All BB guns, pellet guns, air/CO2 guns, or any device such as a Taser, which is designed to discharge electric darts or other similar projectiles, however a personal self-defense stun gun that does not fit within the preceding definition shall not be considered a weapon for the purposes of this policy.
• Any explosive, incendiary or poison gas (a.) bomb, (b.) mine, (c.) grenade, (d.) rocket having a propellant charge of more than four ounces, or (e.) missile having an explosive or incendiary charge of more than ¼ ounce.
• Any incendiary or explosive material, liquid, solid or mixture equipped with a fuse, wick or other detonating device.
• Any tear gas bomb or smoke bomb, personal self-defense items containing mace or pepper spray shall not be deemed to be a weapon for the purposes of this policy.
• Any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement.
• Any straight-blade knife of four inches or more such as a dagger, dirk, dangerous knife or stiletto; except an ordinary pocket knife.
• Any martial arts weapon such as nun chucks or throwing stars.
• Any longbow, crossbow and arrows or other projectile that could cause serious harm to any person.
• Any other dangerous or deadly weapon or instrument of like character.

Suspected violations of this policy should be reported to a Vice President or Dean of the College.

Any individual violating this Policy will be subject to appropriate disciplinary action, including but not limited to suspension/expulsion, termination of employment, immediate removal/trespass from the premises.

Disorderly Conduct

Conduct that is disorderly, lewd, or indecent; breach of peace; aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by or participated in by the College or members of the academic community may result in disciplinary actions. Disorderly conduct includes, but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without his/her prior knowledge, and with or without his/her consent when such a recording is likely to cause injury, distress or embarrassment to the College or a student. This includes, but is not limited to taking pictures of another person in the gym, locker room, restroom, classroom or Residence Hall and then posting on any type of social network.

Gambling

Gambling is prohibited on all College property.

Hazing/Bullying

Hazing/bullying is defined as any mental or physical requirement, request or obligation placed on any person, on or off campus, which could cause discomfort, pain, fright, disgrace, injury or is personally degrading, or which violates any federal, state, local statute or College policy. Although usually associated with fraternities and sororities, Coffeyville Community College recognizes that the anti-hazing policy applies to all campus-wide organizations, teams, clubs, and groups of individuals. The College is committed to the rights and welfare of its individual students; therefore, students who violate the anti-hazing policy are subject to disciplinary action including all penalties of the law.

Student Compliance

Students who fail to comply with the directions of a College official or other public officials acting in the performance of his/her duties while on College property or at College functions will result in disciplinary actions.