Standards of Conduct (Drugs and Alcohol Abuse)

Standards of Conduct (Drugs and Alcohol Abuse)

HCC policy prohibits the unlawful possession, use, distribution, or manufacture of illicit drugs and/or alcohol on the campus and at District sponsored events. The unlawful use of drugs or alcohol is inconsistent with the behavior expected of members of the HCC community. Violations of this policy may result in criminal action as well as disciplinary action.

This policy is in place to protect and support the employees and students of HCC.

Standards

Students

HCC is dedicated to providing a quality comprehensive educational program designed to meet and balance the diverse and changing educational, social, economic, and cultural needs of the community while providing a safe and healthful environment. HCC is committed not only to learning and to the advancement of knowledge but also to the education of ethically sensitive and responsible persons. HCC seeks to achieve these goals through a sound educational program and through rules and regulations governing student life that encourage responsibility and respect for the rights and viewpoints of others.

Therefore, the use, sale, distribution, possession of alcohol, or any drug, including prescription medication used in an unauthorized manner is strictly prohibited and may result in disciplinary action up to, and including, expulsion.

HCC believes that students are adults who are responsible for their own actions, and who should be free to pursue their educational objectives in an environment that promotes learning, protects the integrity of the academic process, and protects the learning community.

HCC’s rules and regulations concerning student conduct may be found within the Student Handbook available online. These rules and regulations are in effect when attending or participating in any class or activity sponsored by HCC or one of its colleges, either on campus or at an off-campus event.

 

Employees

Houston Community College has adopted the “Drug and Alcohol – Free Workplace,” “Drug and Alcohol Prevention Program” and “Standards of Conduct” to provide a safe, responsive environment for all students and employees in accordance with the Drug-Free Workplace Act.

HCC policy, procedure, and regulation prohibits the unlawful possession, use, distribution, or manufacture of illicit drugs and/or alcohol on the campus and at District-sponsored events. The unlawful use of drugs or alcohol is inconsistent with the behavior expected of members of the HCC community. Violations of this policy may result in criminal action as well as disciplinary action. Full versions of the policies, procedures, and regulations are available here:

 

Off-Campus

HCC may take disciplinary action against those students and employees whose behavior off- campus, or in matters unrelated to HCC or one of its Colleges’ activities or business, indicates that they pose a serious and substantial danger to themselves or others.

 

Legal Sanctions

Legal Sanctions Regarding the Unlawful Use, Possession, or Distribution of Alcoholic Beverages and Illicit Drugs

Local Sanctions

  • In the City of Houston, it is unlawful for any person to be in possession of an open container in the central business district. Additionally, it is unlawful for any person to engage in the public consumption of any alcoholic beverage in the central business district. (City of Houston, Code of Ordinances 3.3). See Ordinance for penalties.

 

State Sanctions

  • A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (Texas Penal Code 49.02) See Code for penalties.
  • A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (Texas Penal Code 49.031) See Code for penalties.
  • A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (Texas Penal code 49.04) See Code for penalties.
  • Note that a person may also be convicted of offenses if intoxicated while operating a plane, driving with a minor in the vehicle, or boating. (Texas Penal code 49.045; 49.05; 49.06) See Codes for penalties.
  • A person commits an offense if the person, by accident or mistake while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (Texas Penal Code 49.07) See Code for penalties.
  • A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (Texas Penal Code 49.08) See Code for penalties.
  • A minor commits an offense if the minor purchases or attempts to purchase an alcoholic beverage. (Texas Alcoholic Beverage Code 106.02-.025) See Code for penalties.
  • A minor commits an offense if he consumes an alcoholic beverage. (Texas Alcoholic Beverage Code 106.04) See Code for penalties.
  • A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (Texas Alcoholic Beverage Code 106.041) See Code for penalties.
  • A minor commits an offense if he possesses an alcoholic beverage. (Texas Alcoholic Beverage Code 106.05) See Code for penalties.
  • A person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. (Texas Alcoholic Beverage Code 106.06) See Code for penalties.
  • A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (Texas Alcoholic Beverage Code 106.07) See Code for penalties.
  • The manufacture, delivery, or possession of a controlled substance (as defined by the Texas Controlled Substances Act) in the State of Texas is a crime. (Tex. Health & Safety Code 481.112-.119) See Code for penalties.
  • A person commits an offense if the person knowingly or intentionally delivers marijuana. (Tex. Health & Safety Code 481.120) See Code for penalties.
  • A person commits an offense if the person knowingly or intentionally possesses a usable quantity of marijuana. (Tex. Health & Safety Code 481.121) See Code for penalties.
  • A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 (of the Texas Controlled Substances Act) or knowingly delivers marijuana and the person delivers the controlled substance or marijuana to a person who is a child or who is enrolled in a public or private primary or secondary school. (Tex. Health & Safety Code 481.122) See Code for penalties.

 

Federal Sanctions

  • 21 U. S. C. 841 makes it a crime (a) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance; or (b) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
  • The Controlled Substances Act (CSA) places all substances which are in some manner regulated into one of five schedules. The CSA provides penalties for unlawful manufacturing, distribution, and dispensing of controlled substances. The Drug Enforcement Agency’s complete list of Federal Trafficking Penalties for Schedules I-V and Marijuana is available online.