Aug 10, 2022  
2022-2023 Academic Catalog 
    
2022-2023 Academic Catalog

Health Policies


Federal Law requires the university to provide a description of health risks associated with alcohol and drug abuse.

Drug and Alcohol Abuse Prevention Program (DAAPP)

The DAAPP is a specific set of comprehensive statements adopted by the university designed to prevent the unlawful possession, use and distribution of illicit drugs and alcohol abuse involving students and employees on campus and at institutionally-recognized events and activities. The current university DAAPP is available for viewing at https://www.sjsu.edu/clery/docs/SJSU-Drug-and-Alcohol-Abuse-Prevention-Program.pdf. A paper copy of the DAAPP is available upon request by contacting the Office of the Clery Director by phone at 408-924-1501 or by email at clerycompliance@sjsu.edu.

California Alcohol and Drug Abuse Law

The Alcoholic Beverage Control Act was enacted in 1953. This Act is intended to protect the safety, welfare, health, peace and morals of Californians, eliminate the unlicensed and unlawful manufacture, sale and disposal of alcoholic beverages and promote temperance in the consumption and use of alcoholic beverages. (Bus and Prof. Code 23001)

A person convicted of a violation of the Alcohol and Beverage Control Act is guilty of a misdemeanor or felony depending on the violation.

The Uniform Controlled Substances Act may be found in the Health and Safety Code, Section 11000-11651. This Act is the result of a growing concern over substances. Controlled Substances are divided into five Schedules and the substances under each Schedule may be found in Sections 11053-11058.

Local Laws

Local laws generally are consistent with Federal and State laws.

University Regulations

Use and Abuse of Alcohol and Other Drugs- University Policy F10-1

This policy delineates University policy concerning alcohol and illegal drugs or substances, provides procedural guidelines, and communicates the consequences of failing to adhere to established policies. Provision for the purchase, sale, service, and consumption of alcoholic beverages on campus is a privilege accorded to University members with the understanding that they will comply with internal rules, regulations, and relevant legislation (local, state or national). All members of the University community as well as their guests have a responsibility to ensure that alcohol is used in a responsible manner by persons twenty-one (21) years of age or older. The use of alcohol and other drugs should not interfere with the primary mission of the University as an educational institution.

Review the full policy here http://www.sjsu.edu/senate/docs/F10-1.pdf

University regulations controlling student behavior may be found in the Student Conduct Code (Title 5 of the California Code of Regulations Section 41301). The Campus Alcohol Policy includes procedures for serving alcoholic beverages on campus.

The University is required to post in designated areas information concerning the use of anabolic steroids.

Conduct Regarding Drugs and Alcohol

SJSU students, faculty and staff are expected to comply with Federal, State and Local laws governing the use of alcohol and illicit drugs on the University campus and as part of university activities both on and off the campus. These laws control the possession, use and distribution of alcohol and unlawful drugs.

All incoming students are  expected required to complete online training on sexual assault and alcohol abuse prevention. Incoming students will receive MySJSU notifications on training dates and course instructions when they are available.

The sale, possession, distribution or use of illicit drugs will not be tolerated. Students, faculty and staff are expected to comply with laws governing the possession, distribution and consumption of alcohol as promulgated by the State of California and the university.

It is the responsibility of every student, faculty member and employee to report incidents involving infractions of federal, state and local drug and alcohol laws on campus or at officially sponsored Off-Campus Activities to University Personnel or the Vice President for Student Affairs.

As is the case in courts, lack of awareness and/or failure to comprehend the regulations are not acceptable defense of one’s actions.

Available Drug or Alcohol Counseling and Treatment Programs

SJSU students are encouraged to seek assistance for drug and alcohol problems at the Counseling & Psychological Services (CAPS) or at the Student Health Center. The State also maintains an Employee Assistance Program to help employees and their dependents with problems of alcohol and drugs.

State Employee Assistance Program

Concern 1-800-344-4222
www.concern-eap.com

Counseling & Psychological Services (CAPS)

Student Wellness Center, 3rd Floor
408-924-5910
www.sjsu.edu/counseling/

Student Health Center

Student Wellness Center 101
408-924-6122 (appointment line)
www.sjsu.edu/studenthealth/

Federal Trafficking Penalties

Federal penalties for trafficking are dependent upon several conditions including the substance, amounts involved and whether the matter is a first or second offense.

Penalties involve monetary sanctions and/or prison terms up to and including life in prison.

Federal Penalties and Sanctions For Illegal Possession Of A Controlled Substance 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 crack 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.

21 U.S.C. 881 (a)(4) - Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a - Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a - Denial of Federal benefits, such as student loans, grants, contracts and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g) - Ineligible to receive or purchase a firearm.

Tobacco

As of August 2015, SJSU is a Smoke and Tobacco Free campus. For more information see Presidential Directive (PD1014-01 {http://www.sjsu.edu/president/ directives}) and CSU Executive Order 1108.

For more information: http://www.sjsu.edu/tobaccofree/

For tobacco cessation services:

Some of the rationale for a smoke free campus includes:

  • Tobacco, both smoked and smokeless, is the leading cause of cancers of the cheeks, gums, palate, tongue and lips.
  • A one-pack-a-day smoker increases their chances of cancer of the esophagus by as much as 500%.
  • Cigarette smokers are ten times more likely to die of lung cancer than non-smokers.
  • Cancer is not the only disease associated with smoking.
  • Cigarette smokers are twice as likely to get peptic ulcers as are non-smokers.
  • Nicotine is a powerful constrictor of blood vessels and small arteries and results in the restriction of oxygen flow to the heart and elsewhere.
  • Heart attacks and strokes are results of oxygen restriction.
  • Smoking more than 1/2 pack daily is also associated with higher incidence of infertility in women.
  • Babies born to women who smoke are lighter and smaller than those born to non-smokers. This is important because birth weight is a predictor of infant health.

Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS)

HIV/AIDS is a viral disease which destroys the body’s ability to fight specific illnesses.

The risks of HIV/AIDS can be reduced by:

  • Avoiding the exchange of body fluids. HIV can be passed through the exchange of blood, semen, vaginal secretions and breast milk.
  • Using condoms correctly and consistently to greatly reduce the exchange of body fluids.
  • Reducing the number of sexual partners.
  • Avoiding the use of intravenous drugs or sharing needles.
  • Abstinence.
  • Communicating with sexual partners before having sex about being tested for sexually transmitted infections and protection.

For more information about HIV/AIDS prevention, confidential testing, safer sex and free condoms, contact:

Student Health Center, Wellness and Health Promotion

Student Wellness Center 101
408-924-6280
www.sjsu.edu/wellness
www.sjsu.edu/studenthealth/

For anonymous HIV testing, please contact the following locations:

Santa Clara County Public Health (Crane Center)

976 Lenzen Ave., Suite 1800
San José, CA 95126
408-792-3720

Billy DeFrank LGBT Center

938 The Alameda
San José, CA 95126
408-293-3040

Asian Americans for Community Involvement (AACI)

2400 Moorpark Ave #300
San José, CA 95128
408-975-2730 ext 381