Drug Free Workplace, Drug Free Schools & Communities Act, and Drug Free Workforce Rules (BR 12/90)

NMSU Alamogordo is required to provide you the following information in accordance with Federal Regulation 34, CFR Part 86 of the Department of Education and the Student Right-to-Know and Campus Security Act.

Standards of Conduct

Students of New Mexico State University are considered a valuable asset, and their health and welfare are of serious concern. The university strives to maintain a safe and productive environment free from the influence of illicit drugs and unlawful use of alcohol. As a recipient of federal funds, the university is obligated to inform all students that unlawful possession, use of, or distribution of illicit drugs and alcohol on its property or as part of any of its activities is prohibited and is a violation of university policy. University property is defined as all lands and buildings under the control of the Board of Regents, New Mexico State University. Students who violate this prohibition will be subject to appropriate disciplinary action, which may include termination of employment or expulsion from school. It is also a federal requirement and a university policy that, as a condition of employment, any student will notify his or her immediate supervisor within five (5) days after conviction of a criminal drug offense occurring in the workplace.

Health Risks

A chart outlining the risk of psychological and/or physical dependence on controlled substances and the effects of use, overdose, and withdrawal may be viewed. The university is required to inform students concerning these health risks.

Alcohol is also a drug, and students need to be aware of the health risks involved in using alcohol. Alcohol can dull sensations and impair muscle coordination, memory, and judgment. Taken in large quantities over an extended period of time, alcohol can damage your liver and heart and cause permanent brain damage. Dependence on alcohol can occur under a variety of circumstances. This may result when the drinker uses alcohol to escape from stress or other uncomfortable emotions, or following a pattern of repeated heavy drinking, or when there is a family history of alcohol dependence.

Alcohol can kill. A large dose consumed at once can interfere with the part of the brain that controls breathing, which can result in respiratory failure and death. Pregnant women who drink risk delivering babies stillborn or with serious abnormalities. Approximately half of the deaths from car accidents each year in the United States are related to alcohol abuse. Alcohol is also often involved in incidents of domestic violence, child abuse, and other violent behavior.

Available Drug/Alcohol Counseling

Any student who may have a drug/alcohol problem is encouraged to obtain confidential and voluntary counseling and/or treatment. In Alamogordo, there are several resources for such help: Otero County Council on Alcohol Abuse and Alcoholism, The Counseling Center, and Alamogordo Mental Health Services. Referral services are also available on campus. Students should contact Advising and Career Services (575.439.3720), and ask to speak with a counselor. The advisor will provide information and confidential referral as needed. When a student requires extended or intensive treatment for a drug/alcohol problem, the counselor at Counseling and Career Services may provide referral for this, or the student may contact Otero County Council on Alcohol Abuse and Alcoholism directly. There are also resources outside the Alamogordo area for those requiring a higher degree of confidentiality. Support groups are also available in the Alamogordo area, such as Alcoholics Anonymous, Narcotics Anonymous, and Al-Anon (for family members). Any student who has been expelled or suspended for alcohol/drug violations and who has evidence of actively seeking rehabilitation may petition for readmission to the university, upon recommendation from relevant psychological or psychiatric professionals.

Trafficking and Possession Penalties

Federal trafficking penalties for methamphetamine, heroin, cocaine, PCP, LSD, Fentanyl, and Fentanyl Analogue vary depending on the quantity of drugs involved and whether the offense is the first or a repeat offense. Prison sentences range from five years to life. Fines for trafficking in these drugs range from $2 to $8 million. Federal trafficking penalties for marijuana range from 10 years to life imprisonment, depending on the quantity involved and whether the offense is a first or repeat offense. Fines range from $250,000 to $8 million. The New Mexico Legislature has enacted numerous laws concerning possession and trafficking of controlled substances. The most abused controlled substances are: marijuana, cocaine, heroin, LSD, and amphetamines. Fines and prison sentences vary according to the quantity of drugs involved and whether the offense is a first or repeat offense. Fines for possession of marijuana range from not less than $50 to $5,000. Prison sentences range from 15 days to 18 months. The fine for trafficking marijuana is $5,000; prison sentences for trafficking range from 18 months to three years. The fine for possession of cocaine and heroin is $5,000, and the prison sentence is 18 months. Fines for trafficking cocaine and heroin range from $10,000 to $15,000. Prison sentences for trafficking are nine years for a first offense and 18 years for a repeat offense.

The fine for possession of LSD and amphetamines is $1,000 and the prison sentence is up to one year. LSD and amphetamines trafficking carries a fine of $5,000 and a prison sentence of three years.

Alcohol abuse is subject to penalties specified by the Liquor Control Act. A DUI (driving while under the influence) conviction can result in a fine up to $300, and/or imprisonment up to seven months, and/or prosecution for vehicular homicide, and/or license revocation and vehicle impoundment.

Disciplinary Actions and Sanctions

The following list is not designed to be all inclusive, but offers examples of the more severe sanctions that may be imposed upon an individual student for infraction of regulations.

1. Disciplinary Probation – This sanction is an official warning that the student’s conduct is in violation of university regulations or local, state, and/or federal laws. Students placed on disciplinary probation are deemed “not in good standing” with the university. The duration of the probationary period and conditions imposed shall be in proportion to the seriousness of the misconduct. Duration will be at least thirty days but may be extended indefinitely. Depending on the circumstances and at the discretion of the Hearing Official(s), additional stipulations may be enforced. These additional stipulations may be, but are not limited to: withholding of transcript or degree, suspension of rights and privileges, suspension of eligibility to participate in official extracurricular activities, eviction from university operated housing, restitution, and referral for counseling. During the probationary period, reported violations of the Code of Conduct or conditions of the probation will result in further action. This action may include, but is not limited to, extension of the probationary period, the addition of other restrictions or conditions to the probationary agreement, suspension, dismissal, expulsion, and notation on the student’s transcript. A student who has been placed on indefinite disciplinary probation, and/or whose probation has been indefinitely noted on the transcript, may petition to have the probation lifted and/or the notation removed from the transcript. This petition will not be acceptable if submitted sooner than one calendar year from the date the probation began. Students must petition the Campus Student Services Officer who may choose to convene the Campus Discipline Committee to review the petition and make a recommendation. The decision of the Campus Executive Officer is final.
2. Disciplinary Suspension – Disciplinary suspension is the disenrollment of a student from the university. Suspensions will last a minimum of one full semester. Students may reenter the university at the conclusion of the suspension, only by consent of the Provost in cases of non-academic misconduct and academic misconduct. A permanent notation of a suspension will be made on the student’s transcript.
3. Dismissal – Dismissal is the disenrollment of a student for an indefinite period of time. Students may not reenter the university for at least one year, and only then by consent of the Provost or his/her designee in cases of non-academic misconduct and academic misconduct. A permanent notation of dismissal is placed on the student’s transcript.
4. Expulsion – Expulsion is the disenrollment of a student whereby the student is not eligible for readmission to the university. A permanent notation of expulsion will be placed on the student’s transcript.