Middlebury Institute of International Studies at Monterey

Updated on: June 12, 2017

Introduction

The Middlebury Institute of International Studies (“the Institute” or “Middlebury Institute”) is committed to promoting individual and community health, safety, and responsibility. We expect all students and employees to observe local, state, and federal laws governing the possession, use, and furnishing of alcoholic beverages and controlled substances, also referred to as illegal drugs, and failure to do so is prohibited. We are also committed to ensuring that, in accordance with the Drug-Free Schools and Community Act of 1989 and the Drug-Free Schools and Campuses Regulations, our policies concerning alcohol and drugs contain clear statements about: (1) the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illegal drugs and alcohol by students and employees; (2) that the Institute will impose disciplinary sanctions on students and employees who violate these policies (consistent with local, state, and federal law); (3) the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illegal drugs and alcohol; and (4) health risks and information regarding drug or alcohol counseling, treatment or rehabilitation, or reentry programs that are available to students and employees. When alcohol violations occur, disciplinary sanctions will be imposed in accordance with this policy. Serious incidents that put a student or others at risk of harm, as well as repeated offenses, may require a more vigorous response, including referral to counseling or a treatment facility, a leave of absence, and/or disciplinary outcomes as appropriate.

Therefore, the Institute will:

a. Inform students and employees of federal, state, and local laws, and Middlebury Institute’s policies, to which they are accountable, and hold them accountable to those policies under the Institute’s governance;

b. Encourage an environment of enriching extracurricular and social opportunities that includes substance-free events and appropriate venues for students of legal age who choose to drink; and

c. Where appropriate, provide information about health risks associated with alcohol and drug abuse and refer students and employees to resources such as drug or alcohol counseling, treatment or rehabilitation, or reentry programs that are available to students and employees, as applicable.

MIIS Policies & Local, State, and Federal Law

All students, faculty, staff, and visitors are subject to local, state, and federal laws, as well as Middlebury Institute drug and alcohol policy rules and regulations, while on Middlebury Institute-owned or leased properties or involved with off-campus activities sponsored by the Institute or a registered Institute organization. The Institute does not protect students or employees from prosecution for drug or alcohol offenses under local, state, or federal laws, and does not interfere with legitimate law enforcement activities. Law enforcement officers may have a legal right to search individuals, and with consent or proper documentation may search property—including Institute-owned or leased residences—without prior notice. The Institute also reserves the right to furnish the police with information regarding alleged illegal activities.

Alcohol

The following actions are prohibited:

a. Underage drinking. Only persons of legal age (21 or older in the United States, and as defined by the laws of a foreign host country) may possess or consume alcoholic beverages. Legal proof of age, such as a valid driver’s license, state-issued liquor identification card, or a passport along with a Middlebury Institute-issued ID with date of birth, may be required.

b. Purchasing, serving, or furnishing alcohol for/to a minor.

c. Selling, manufacturing, or distributing alcohol illegally.

d. Possession, production, or provision of false identification.

e. Operating a motor vehicle while under the influence of alcohol or other drugs. Driving on or off campus under the influence of drugs or alcohol (“DUI”) is prohibited, and driving privileges on campus will be suspended. In those incidents where the DUI involves an accident with injuries to others, or other exceptional factors, immediate Middlebury Institute disciplinary action may take place.

f. Bringing alcohol to a Middlebury Institute event without prior approval. Individuals are also prohibited from leaving a Middlebury Institute event with alcoholic beverages provided at the event without approval.

g. Possessing alcoholic beverages in unauthorized spaces. Open containers of alcohol are prohibited in public spaces, or outside on the campus grounds, unless the area has been designated for a registered or catered event.

h. Engaging in drinking games and other behaviors designed for the purpose of becoming intoxicated through the abusive use of alcohol (e.g., funnels, keg stands, “around-the-world” parties, and other alcohol consumption based on speed and/or volume, etc.).

i. Administering alcohol to individuals against their will and/or without their knowledge.

j. Repeated unsafe intoxication and/or engaging in drinking games and other behaviors designed for the purposes of becoming intoxicated through the abusive use of alcohol (e.g., funnels, keg stands, around-the-world parties, and other alcohol consumption based on speed and/or volume, etc.) at any Institute-sanctioned event.

Drugs

The following actions are prohibited:

a. Using or possessing illegal drugs or controlled substances, including but not limited to prescription medication without a properly issued prescription.

b. Misuse of legal substances to cause impairment/hallucination.

c. Possession of drug paraphernalia that has been used.

d. Growing, manufacturing, distributing, or selling illegal drugs or controlled substances, including prescription drugs, with or without the intent to distribute.

e. Administering drugs to individuals against their will and/or without their knowledge.

Disciplinary Sanctions for Students

Disciplinary sanctions for students who violate this policy will be imposed in accordance with the procedures set forth in the Student Conduct Disciplinary Process. While discipline is cumulative at the Institute, which may mean the assignment of greater sanctions for repeated or accumulated violations, it is not progressive. That is, depending on the severity of the violation, a student may receive any sanction, even for a first offense. Outcomes may vary depending on the nature, severity, and impact, actual or potential, of any of the violations and the student’s conduct and health history. Sanctions could also include referral to an educational or rehabilitation program.

The range of possible sanctions are listed in the “Sanctions” section of the Student Conduct Disciplinary Process and, depending on the severity of the conduct, may also include referral for prosecution (as determined by the state’s attorney or other appropriate officials) and/or the completion of an appropriate rehabilitation program. These sanctions are defined in the Student Conduct Disciplinary Process and include a warning, reprimand, probation, loss of privileges, fines, restitution, discretionary sanctions, suspension, expulsion, and revocation of admission and/or degree. The Institute may also temporarily withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Conduct Disciplinary Process, including the completion of all sanctions imposed, if any. More than one of the sanctions listed above may be imposed for any single violation. For more information regarding sanctions, please see the Student Conduct Disciplinary Process

Disciplinary Sanctions for Faculty and Staff

Disciplinary sanctions for faculty and staff will be imposed under the Institute’s established disciplinary practices and procedures for members of the faculty and staff (see the Employee Handbook and Faculty Handbook links below). Disciplinary sanctions for staff may include verbal warnings, written warnings, written reprimands, completion of an appropriate rehabilitation program, termination of employment, and/or referral for prosecution (depending on the severity of the conduct). Disciplinary sanctions for faculty could include “severe sanctions” (i.e., temporary reduction in base salary; suspension from the Institute from all or part of duties without pay for a specified period; and/or termination of appointment for disciplinary reasons) or “non-severe sanctions” (e.g., reprimands or salary freezes) and/or completion of an appropriate rehabilitation program. Faculty and staff who violate this policy may also be referred for prosecution (depending on the severity of the conduct). See also:

Health and Community Responsibility

The Middlebury Institute believes that alcohol and other drug-related problems affect our entire community and that each of us has a responsibility to help safeguard the community health by respecting policy and intervening in situations of abuse. Any member of the Middlebury Institute community having knowledge of an individual on campus who is abusing alcohol or in possession of or using illegal drugs, or misusing legal substances to cause impairment/hallucination, is urged to encourage the individual to seek counseling and/or medical assistance. All members of the community are also expected to help protect the community health by informing appropriate Middlebury Institute staff members of instances of alcohol and/or drug misuse, distribution, and/or sales. See also the Annual Drug-Free Schools and Communities Act Notice.

Involvement with or dependency upon drugs or excessive or illegal use of alcohol is viewed by the Middlebury Institute as a health concern as well as a disciplinary matter.

Federal and State Laws and Resources

For information specific to state and federal laws governing the use, possession, and distribution of drugs and alcohol, as well as additional counseling and treatment resources and information related to health risks associated with the use of illegal drugs and the abuse of alcohol, see the Annual Drug-Free Schools and Communities Act Notice.