Alcohol and Other Drugs

In compliance with Section 1213 of the Higher Education Act of 1965, as added by Section 22 of the Drug Free Schools and Communities Amendments of 1989 (Public Law 101-226), Lincoln Memorial University offers a drug prevention program through the Office of Counseling. The program emphasizes campus policy on illicit drugs and alcohol, legal sanctions for illicit use within Tennessee and the United States and a description of health risks associated with the use of illicit drugs and alcohol, counseling and treatment available to the campus community, and LMU disciplinary sanctions for illicit use by the campus community.

  1. Standards of conduct regarding unlawful possession, use, or distribution of illicit drugs and alcohol on LMU property or as part of any LMU activities (including off-campus activities):
    1. Public drunkenness is not permitted on campus. Drunken persons who are violent, uncontrollable, or aggressive are subject to arrest. (Also see "Sanctions for underage drinking, possession, or intoxication")
    2. All underage students apprehended for alcohol consumption, possession, or intoxication will be reported in numerical form to the Tennessee Bureau of Investigation (TBI) in LMU's monthly report to the agency. In addition, all students who are arrested for being intoxicated, regardless of age, will be reported numerically to the TBI.
    3. Any LMU-DCOM recognized student organization that organizes or sponsors a sanctioned off-campus event where alcohol is served, used, or sold must use a third-party vendor, such as a hotel or restaurant, to serve the alcohol. The third party vendor must have a cash bar with individual students paying for their own alcohol. Monetary transactions will be between the individual students and the third party; there will be no monetary transaction between the LMU student organization and the third party vendor. Student association funds will not be used to pay for alcohol; likewise, members of the club will not participate in serving the alcohol. Any student organization that violates this rule will be sanctioned.
    4. Students living in graduate student housing complexes and the University Inn (residents are aged 21 or older) may have alcohol in their apartments. Alcohol may not be consumed outside of their apartments in the common areas.
    5. Graduate students (age 21 or older) who live in undergraduate housing may not have alcohol in their rooms.
  2. Legal sanctions for the unlawful possession or distribution of illicit drugs and alcohol: Applicable Tennessee Law for the unlawful possession or distribution of illicit drugs and alcohol: "Definition of a minor:. The 'age of majority' for purposes related to alcoholic beverages in Tennessee is defined as twenty-one years of age." [Tennessee Code Annotated - 1-3-105]. "Possession or consumption by a minor: It is unlawful for persons less than twenty-one years of age to purchase, possess, consume, or transport alcoholic beverages, including beer and wine" [T.C.A. - 1-3-13(b)]. "Finally, minors may not purchase, receive or possess alcoholic beverages in a public place" [T.C.A. - 57-4-203(b)(2)]. "Sale or gift to a minor: It is a misdemeanor for any adult to furnish or buy alcoholic beverages for a minor, [T.C.A. - 39-6-929(b) and 57-5-301(d)(2)]. "Miscellaneous: It is unlawful in Tennessee "for any person to buy another, any intoxicating liquor from any persons" [T.C.A. - 39-6- 9051].

    "Sale or gift to an intoxicated person: Licensed vendors and others are prohibited from selling or furnishing alcoholic beverages to 'visibly intoxicated' persons" [T'C.A. - 57-4-203(c)]. “Criminal offenses and penalties - Habitual drug offenders - Class X felonies:
    1. Except as authorized by - - 39- 6-401 - 39-6-419 and title 53, chapter 11, parts 3 and 4, it is unlawful for any person to manufacture, deliver, sell, or possess with intent to manufacture, deliver or sell, a controlled substance, or for two (2) or more persons to conspire to manufacture, deliver, sell, or possess with intent to manufacture, deliver or sell, a controlled substance; provided, however, that no agreement shall be deemed a conspiracy unless some act be done to effect the object thereof. Any person who violates this subsection with respect to a controlled substance is guilty of a felony in respect to most illicit drugs.
    2. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by - - 39-6-401 - 39-6-419 and title 53, chapter 11, parts 3 and 4. ...(d)

      It shall be unlawful and shall constitute a Class X felony for a person to be engaged as a habitual drug offender. As used in this subsection, a 'habitual drug offender' is defined as one who engages in the protracted and repeated manufacturing, delivering, selling, processing with intent to manufacture, deliver, sell or conspiring with another with intent to manufacture, deliver, sell or possess with intent to manufacture, deliver or sell any controlled substance under any schedule or combination of schedules, unless a person is otherwise permitted by law to engage in one or more of the activities included herein" (T.C.A. - 39-6-417(a)(b)(d)].

      "Unlawful drug paraphernalia uses and activities. 'Except when used or possessed with he intent to use by a person authorized by - - 39-6-401 - 39-6-419, 53-11-301 - 53-11-414, to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this part."' [T.C.A. - 39-6-456]. T.C.A. (1987 Cum. Supp.)
  3. The scope and impact of health risks from alcohol and drug abuse are both alarming and well- documented, ranging from mood-altering to life-threatening, with consequences that extend beyond the individual to family, organizations and society at large. There are physical, emotional, spiritual, social and occupational risks involved with the use of alcohol and drugs. Some of the physical health risks of drug use include, but are not limited to heart problems, infections, malnutrition, convulsions, respiratory paralysis, emphysema, high blood pressure, and possible death. Drug use can also lead to legal problems, financial hardships, and social and occupational difficulties. Some of the physical risks of using alcohol are chronic addiction, blood disorders, brain damage, cirrhosis, hepatitis, heart problems, lung infection and stomach ulcers. Mentally, there may be increased stress, depression, contemplation of suicide, impaired thought process, memory loss, and increased incidents of psychosis. Lincoln Memorial University, therefore, conducts regular programs to educate its students, faculty, and staff that consumption and/or abuse of alcohol and other drugs may alter behavior, distort perception, impair thinking, impede judgment, and lead to physical or psychological dependence.
  4.  Alcohol and drug counseling, treatment or rehabilitation may be provided to students of LMU– DCOM Students receiving counseling on campus as a result of alcohol, drug, or personal concerns can do so with the assurance that strict counseling confidentiality will be observed. If dismissal from LMU-DCOM is made, assessment and rehabilitation at the student's expense may be required for reentry to the institution.
  5. Disciplinary sanctions will result from standards of conduct violations regarding the unlawful possession, use, or distribution of illicit drugs and alcohol on LMU property or as a part of any LMU activities. Student consumption, possession, sale, distribution, or being in the presence of alcohol and other drugs on the LMU campus is prohibited. Sanctions include, but are not limited to:
    1. Sale and/or distribution to a minor: Removal from the residence hall with no refund of housing fees and revocation of visitation privileges in any campus residence hall, as well as referral to law enforcement.
    2. Public drunkenness: Those who are violent, uncontrollable, or aggressive are subject to arrest. Other offenses subject to second offense consequences "possession or consumption" above.
    3. Alcohol served, used, or sold at campus activities on campus will result in the probation and/or suspension of the sponsoring organization. (See Student Organization Council Handbook)

Possession, consumption, sale, or use of illicit drugs is against local, state, and Federal law. Suspension and expulsion from the university and arrest will be consequences of these serious infractions