ESU policies + procedures

• Student Code of Conduct.pdf
• Residence Hall Policies.pdf
• Student Athlete Information

KANSAS state LAW + CITY of emporia ORDINANCE for alcohol

In addition to Emporia State University’s policies on alcoholic liquor use policies, city, state, and federal laws and city ordinances provide criminal penalties for specific violations occurring on campus.

It is illegal for anyone of any age to consume alcoholic liquor on state or Emporia State University property, except where specific exemptions are provided by law.

Minimum Penalty: 6 months in jail; $200 fine

It is illegal for anyone under 21 years of age to possess, purchase, attempt to purchase or consume cereal malt beverage or alcoholic liquor except where specific exemptions are provided by law.

Minimum Penalty: 1 month in jail; $200 minimum fine

(18-21 years of age); $500 fine (under 18 yrs of age); perform 40 hours of public service; and attend an alcohol education program and up to 1 year suspension of driving privileges

It is illegal for anyone to furnish cereal malt beverage or alcoholic liquor to another person under 21 years of age.

Minimum Penalty: $200 fine

It is illegal for anyone of any age to possess an open container of, and/or consume cereal malt beverage or alcoholic liquor in the city of Emporia, except those areas specifically licensed for sale or specifically exempted by state law.

Maximum Penalty:

30 days in jail; $500 fine; perform 40 hours of public service; completion of an alcohol/chemical substance education program; up to 1 year suspension of driving privileges.

Learn more: (hyperlink with title: City of Emporia Alcohol Ordinance) https://codelibrary.amlegal.com/codes/emporiaks/latest/emporia_ks/0-0-0-433

DRUGS + CONTROLLED SUBSTANCES

KANSAS LAW

The illegal possession or illegal use of drugs may subject individuals to criminal prosecution. The University will refer violations or proscribed conduct to appropriate authorities for 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 punishment of imprisonment.

Learn More: (hyperlink with title: Kansas State Statutes) ● Kansas Laws

For student employees and university staff: (hyperlink with title: Kansas Substance Abuse Policy) ● State of Kansas Substance Abuse Policy

DRUGS

FEDERAL LEGAL SANCTIONS + penalties

The United States government has established mandatory minimums for drug offenses based on the type of substance and the quantities in possession at the time of arrest. Previous drug- and violence-related convictions and offenses impact these minimums and can result in longer sentences. In addition, supplying drugs to someone which results in serious bodily injury or death carries a minimum mandatory term of life imprisonment. Other sanctions may also apply.

Learn More: (hyperlink with title: United States Sentencing Commission) https://www.ussc.gov/guidelines/primers/drugs

Pursuant to federal law, the United States Sentencing Guidelines establish mandatory minimum penalties for categories of drug offenses and provide for penalty enhancements in specific cases. Under these federal guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana; a sentence of life imprisonment can result from a conviction of possession of a controlled substance that results in death or bodily injury; and, possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison.

FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF CONTROLLED SUBSTANCES

21 U.S.C. 844(a)

1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

1st conviction and the amount of crack possessed exceeds 5 grams

2nd crack conviction and the amount of crack possessed exceeds 3 grams

3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram

21 U.S.C. 853(a)(2) and 881(a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provision re: crack, above.)

PENALTIES FOR DRUG CONVICTIONS

Possession of Illegal Drugs:

● First Offense: 1 year from the date of conviction

● Second Offense: 2 years from the date of conviction

● Third and Subsequent Offenses: Indefinite ineligibility from the date of conviction

Sale of Illegal Drugs:

● First Offense: 2 years from the date of conviction

● Second and Subsequent Offenses: Indefinite ineligibility from the date of conviction