Drug & Alcohol Abuse Prevention

NOTICE TO STUDENTS AND EMPLOYEES

Substance Abuse Testing Policy

It is the Policy of Grabber School of Hair Design to promote and maintain a drug-free environment at all times. As AN EXPRESS CONDITION OF ACCEPTANCE AS A STUDENT AND TO CONTINUE STATUS AS A STUDENT OF THE GRABBER SCHOOL OF HAIR DESIGN, all students must abide by the substance abuse testing Policy as described herein. The use, possession, concealment, sale or distribution of any unauthorized drug or alcohol is absolutely prohibited. It is the Policy of Grabber School of Hair Design that students shall not, while on the premises of Grabber School of Hair Design: report to class with any detectable amount of an unauthorized drug or alcohol; be under the influence of alcohol or drugs; have the odor of alcohol or drugs on their breath; possess drugs or alcohol on their person or property; sell or provide drugs or alcohol to any student or any other person; test positive for unauthorized drugs or alcohol; or be impaired as a result of the use of alcohol or drugs.

The use of any unauthorized drug by a student where a state or other country considers such drug use lawful (such as a state in which marijuana use is considered lawful) does not excuse any violation of this Policy.

Any student must submit to a drug and/or alcohol analysis when the Grabber School of Hair Design has a reasonable suspicion that any student is intoxicated or under the influence of drugs or alcohol or is otherwise in violation of any provision of this Policy. “Reasonable suspicion” is a belief based on objective and articulable facts sufficient to lead a reasonably prudent instructor, staff member, other student or any member of administration to suspect that a student is under the influence of drugs or alcohol or in any other manner in violation of any provision of this Policy. For example, any of the following, alone or in combination, may constitute reasonable suspicion:

• Slurred speech;
• Alcohol or odor of drugs on the student’s breath, clothing or possessions;
• Inability to walk a straight line;
• An accident involving Grabber School of Hair Design property;
• An accident that results in the injury of a person;
• Physical altercation;
• Verbal altercation;
• Behavior which is so unusual that it warrants summoning an instructor, staff or administration member or anyone else with authority;
• Use or possession of alcohol or drugs;
• Information on use or possession of alcohol or drugs provided either by a reliable and credible source or independently corroborated;
• Arrest or conviction for a substance abuse offense or being the subject of a criminal investigation into illegal drug possession, use, or trafficking;
• Evidence that the student has previously tampered with a previous drug test.

This list is not intended to be all inclusive of conduct which constitutes reasonable suspicion.

Any Grabber School of Hair Design representative who has reasonable suspicion that a student is in violation of any term of this Policy, with the approval of the Administrator of Grabber School of Hair Design or other authorized management representative, shall immediately arrange for a substance screening. Written documentation for the basis of such substance screening shall be maintained by the Grabber School of Hair Design.

Upon a negative result from such drug and/or alcohol analysis, the student shall be permitted to return to classes and maintain good standing with the Grabber School of Hair Design. If the substance abuse test indicates a positive result, the student shall be subject to immediate expulsion from the Grabber School of Hair Design program. At its sole discretion, the Grabber School of Hair Design may exercise its discretion for a lesser disciplinary action than immediate expulsion. Under no circumstances shall any student be permitted to attend any class upon a determination of reasonable suspicion of violation of this Policy or upon testing positive in violation of this Policy unless the Grabber School of Hair Design has agreed to allow the student thereafter to continue classes subject to satisfactory rehabilitation or counseling and passing a drug screen prior to reenrollment or attendance in classes. Any refusal by the student to submit to a required substance abuse test shall be considered the same as having tested positive to a drug and/or alcohol substance screening.

Health Risks Associated with Drug and Alcohol Use

Alcohol and other drug use can represent serious threats to health and quality of life. Alcohol and other drug use increase the risk of accidents, birth defects, HIV/AIDS, and other diseases. Combining drugs may lead to unpredictable effects. Many prescription and nonprescription drugs are potentially addictive and dangerous. Major categories of drugs and probable effects are below.

Alcohol impairs judgment and coordination, and in many persons causes a greater likelihood of aggressive and/or violent behavior. Even short-term use may cause respiratory depression and, when consumed by pregnant women, may cause irreversible physical and mental abnormalities in newborns (fetal alcohol syndrome) or even death. Long-term use may lead to irreversible physical and mental impairment, including liver disease, heart disease, cancer, ulcers, gastritis, delirium tremens, and pancreatitis. Alcohol interacts negatively with more than 150 medications. Driving while under the influence of alcohol is particularly dangerous and is a major cause of traffic-related deaths.

Cocaine/Crack are powerful central nervous system stimulants that constrict blood vessels, dilate pupils, increase blood pressure, and elevate heart rate. Cocaine use may induce restlessness, irritability, anxiety, paranoia, seizures, cardiac arrest, respiratory failure, and death. Cocaine is extremely addictive, both psychologically and physically. Great risk exists whether cocaine is ingested in inhalation (snorting), injection, or smoking. Compulsive cocaine use may develop even more rapidly if the substance is smoked, and smoking crack cocaine can produce particularly aggressive paranoid behavior in users.

Date Rape Drugs (Rohypnol, rophies, roofies, GHB, Ketamine, etc.) may incapacitate a person, particularly when used with alcohol. Rohypnol and GHB (gammahydroxybutyrate) are characterized as “date rape” drugs because they incapacitate users, thereby increasing vulnerability to sexual assault and other crime. Sedation, relaxation, and amnesia are associated with Rohypnol use. Rohypnol may be psychologically and physically addictive and can cause death if mixed with alcohol or other depressants. GHB usage may result in coma and seizures and, when combined with methamphetamine, appears to cause an increased risk of seizure. Combining use with other drugs such as alcohol can result in nausea and difficulty in breathing. GHB may also produce withdrawal effects, including insomnia, anxiety, tremors, and sweating. Ketamine may induce feelings of near-death experiences.

Ecstasy (X, Adam, MDMA, XTC, etc.) has amphetamine-like and hallucinogenic properties. Its chemical structure is similar to other synthetic drugs known to cause brain damage. Ecstasy use may cause psychological difficulties including confusion, depression, sleep problems, drug craving, severe anxiety, paranoia, and even psychotic episodes. Similar difficulties may occur weeks after taking MDMA. Physical symptoms such as increases in heart rate and blood pressure may result from use of such substances. Other physical symptoms include muscle tension, blurred vision, nausea, rapid eye movement, and involuntary teeth clenching.

Hallucinogens (acid, PCP, LSD, psilocybin[mushrooms], dextrometorphan[dxin]) are among the most potent mood-changing chemicals and may produce unpredictable effects that may impair coordination, perception, and cognition. Some LSD users experience flashbacks, often without warning, without the user having taken the drug again. Violence, paranoia, delusions, hallucinations, convulsions, coma, cardiac arrest, and respiratory failure may result from hallucinogen use.

Marijuana (pot, grass, hash, cannabis sativa, etc.) may impair memory, attention, coordination, and learning. Short-term effects of smoking marijuana may include problems with memory, learning, distorted perception, difficulty in thinking and problem solving, loss of coordination, increased heart rate, anxiety, and panic attacks. Persons who smoke marijuana regularly may have many of the same respiratory problems as tobacco smokers, including daily cough and phlegm, chronic bronchitis, and more frequent chest colds. Because users of marijuana deeply inhale and hold marijuana smoke in their lungs, they incur a higher risk of getting lung cancer.

Narcotics (heroin, opium, morphine, codeine, pain medication [Demerol, Percodan, Lortab, etc.]) may produce temporary euphoria followed by depression, drowsiness, cognitive impairment, and vomiting. Narcotic use may cause convulsions, coma, and death. Tolerance and dependence tend to develop rapidly. Using contaminated syringes to inject drugs may result in contracting HIV and other infectious diseases such as hepatitis.

Nicotine (tobacco, cigarettes, cigars, chewing tobacco, nicotine chewing gum and patches) is highly addictive, and, according to the Surgeon General, is a major cause of stroke and is the third leading cause of death in the United States. Over time, higher levels of nicotine must be consumed to achieve the same effect. Nicotine consumption results in central nervous system sedation and after initial activation, may cause drowsiness and depression. If women smoke cigarettes and also take oral contraceptives, they are more prone to cardiovascular and cerebrovascular diseases than are other smokers. Pregnant women who smoke cigarettes run an increased risk of having stillborn or premature infants or infants with low birth weight.

Sedative-hypnotics (depressants, Quaaludes, Valium, Xanax, etc.) depress central nervous, cardiovascular, and respiratory functions. Sedative-hypnotic use may lower blood pressure, slow reactions, and distort reality. Convulsions, coma, and death are outcomes associated with sedative-hypnotic use. Consuming sedative-hypnotics with alcohol or 3.2 beer is especially dangerous.

Steroids (anabolic-androgenic) may permanently damage liver, cardiovascular, and reproductive systems. Possible side effects include liver tumors, cancer, jaundice, fluid retention, and hypertension. In men, steroids may cause shrinking of testicles, reduced sperm count, infertility, baldness, breast development, and increased risk for prostate cancer. In women, steroid use may cause growth of facial hair, male-pattern baldness, menstrual changes, enlarged clitoris, and deepened voice.

Stimulants (amphetamine, methamphetamine, speed, crystal, crank, Ritalin, ephedra, caffeine, various over-the-counter stimulants and diet aids) are powerful central nervous system stimulants that may increase agitation, physical activity, and anxiety. Stimulants may decrease appetite, dilate pupils, and cause sleeplessness. Dizziness, higher blood pressure, paranoia, mood disturbance, hallucination, dependence, convulsions, and death due to stroke or heart failure may also result from use.

Reference: National Institute on Drug Abuse, National Institutes of Health,

www.nida.nih.gov

Drug Counseling, Rehabilitation & Assistance Programs

(Not an all-inclusive list)

Notice of Federal Student Aid (FSA) Penalties for Drug Law Violations

The Higher Education Opportunity Act requires institutions to provide to every student upon enrollment a separate, clear and conspicuous written notice with information on the penalties associated with drug-related offenses under existing section 484(r) of the HEA. It also requires an institution to provide a timely notice to each student who has lost eligibility for any grant, loan, or work-study assistance as a result of penalties under 484(r)(1) of the HEA a separate clear, and conspicuous written notice that notifies the student of the loss of eligibility and advises the student of the ways in which to regain eligibility under section 484(r)(2) of the HEA.

Students are hereby notified that federal guidelines mandate that a federal or state drug conviction can disqualify a student for Federal Student Aid funds. Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Title IV aid—they do not count if the offense was not during such a period. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when he/she was a juvenile, unless the student was tried as an adult. The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)

Possession of Illegal Drugs - Sale of Illegal Drugs

1st offense - 1 year from date of conviction - 2 years from date of conviction

2nd offense - 2 years from date of conviction - Indefinite period

3+ offenses - Indefinite period (If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period.)

Students convicted of a federal or state offense of selling or possessing illegal drugs that occurred while they were receiving federal student aid should still complete and submit the FAFSA because they may be eligible for federal aid, and even if they aren’t, they may be eligible for state or institutional aid. Students who leave question 23 blank cannot be paid Title IV aid until they respond by submitting a corrected SAR or ISIR.

Students denied eligibility for an indefinite period can regain it only after successfully completing an approved rehabilitation program or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify to the school that he/ she has successfully completed the rehabilitation program. When a student regains eligibility during the award year, schools can award Pell Grants for the current payment period.

Standards for a qualified drug rehabilitation program

A qualified drug rehabilitation program must include at least two unannounced drug tests and must satisfy at least one of the following requirements:

• Be qualified to receive funds directly or indirectly from a federal, state, or local government program.
• Be qualified to receive payment directly or indirectly from a federally or state-licensed insurance company.
• Be administered or recognized by a federal, state, or local government agency or court.
• Be administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.

Definition of drug law violations

Violations of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics- manufactured narcotics which can cause true addiction (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

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:

(a) 1st conviction and the amount of crack possessed exceeds 5 grams.
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
(c) 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 provisions re: crack.)

• 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.

• Miscellaneous

Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Standards of Conduct - The unlawful possession, use, or distribution of illicit drugs or alcohol by any student or employee on School property or as part of or in connection with any School activity is prohibited.

Disciplinary Sanctions - The School will impose disciplinary sanctions on students and employees who violate School standards of conduct. In addition, students or employees who violate public law may be subject to criminal prosecution.

Conviction may result in fines, imprisonment, and revocation or loss of eligibility to receive federal funding (such as grants and financial assistance) and other privileges. School-imposed discipline may include sanctions up to and including expulsion of a student or termination of employment, in addition to referral for criminal prosecution.

Disciplinary sanctions may include participation in a treatment, counseling, or other approved rehabilitation program. In addition to disciplinary sanctions imposed by the School, all students, faculty, and staff should be aware that federal, state, and some local laws treat illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as serious crimes. Conviction can lead to imprisonment, fines, and assigned community service. Courts do not lift prison sentences in order to allow convicted persons to attend college or continue their jobs. Felony and certain other convictions can prevent you from entering many fields of employment or professions and may have to be listed on applications for employment or admission to graduate or professional schools.

Many cities and towns in Missouri have local ordinances and regulations which prohibit public consumption of alcoholic beverages on private property without the owner’s consent. Missouri laws punish sale or delivery of alcoholic beverage to persons under twenty-one with a fine of up to $2,000 and six months imprisonment, or both.

Misrepresenting one’s age or falsifying an identification to obtain alcoholic beverages is punishable by a fine of $300.

First conviction of driving under the influence of alcohol has a penalty of a $500– $5,000 fine, a one-year revocation of driver’s license, up to two and a half years in prison, and mandatory alcohol rehabilitation.

Missouri has criminal penalties for use of controlled substances, or drugs, with penalties varying with the type of drug. In general, use of narcotic and addictive drugs, and drugs with high potential for abuse have heavier penalties.

Possession

Offense	Level	Penalty	Max. Fine
Less Than 35 g	Misdemeanor	1 year	$1,000
35 kg - 30 kg	Felony	1 year	$5,000
More than 30 - less than 100 kg	Felony	5 - 15 years	$20,000
100 kg or more	Felony	10 years - life	$20,000

Possession of more than 100 kilograms is considered trafficking.

Sale, Trafficking or Distribution

Offense	Level	Penalty	Max. Fine
Less than 5 g	Misdemeanor	7 years	$5,000
5 g - 30 kg	Felony	5 - 15 years	$20,000
More than 30 - less than 100 kg	Felony	5 - 15 years	$20,000
100 kg or more	Felony	10 years - life*	$20,000
500 plants or more	Felony	10 years - life*	$20,000
Within 2000 feet of a school or 1000 feet of public housing	Felony	10 years - life*	$20,000
To a minor	Felony	5 - 15 years	$20,000

*No probation or parole.

Cultivation

See Possession and Sale sections for details.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Offense	Level	Penalty	Max. Fine
Possession of	Misdemeanor	1 year	$1,000
Sale of	Felony	4 years	$5,000

Miscellaneous

Possession or use of marijuana results in a driver's license suspension if under the age of 21.

Penalty Details

Legislation was approved in 2014 to rewrite Missouri's criminal code that includes provisions reducing marijuana possession penalties. Under the future law, the possession of ten grams or less of cannabis will be punishable by a fine only though the offense will remain classified as a criminal misdemeanor. The possession of greater quantities of cannabis will remain punishable by jail time.

Possession

Possession of less than 35 grams is a Class A misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of 35 grams- 30 kilograms is a Class C felony which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.

Possession of more than 30 - less than 100 kilograms is considered trafficking and is a Class B felony punishable by a sentence of 5-15 years and a fine of $5,000-$20,000.

Possession of 100 kilograms or more is considered trafficking and is a Class A felony punishable by 10 years-life imprisonment and fine of $5,000-$20,000.

See:

• Section 195.202.1 of the Missouri Criminal Code
• Section 195.222 of the Missouri Criminal Code
• Section 195.223 of the Missouri Criminal Code
• Section 558.011 of the Missouri Criminal Code
• Section 560.011 of the Missouri Criminal Code
• Section 560.016 of the Missouri Criminal Code

Sale, Trafficking, or Distribution

The sale or manufacture of 5 grams or less is a Class C felony which is punishable by up to 7 years imprisonment and a maximum fine of $5,000.

The sale or manufacture of 5 grams-30 kilograms is a Class B felony which is punishable by a sentence of 5 - 15 years imprisonment and a fine of $5,000-$20,000.

The sale of more than 30 - less than 100 kilograms is a Class A felony which is punishable by a sentence of 5 - 15 years imprisonment and a fine of $5,000-$20,000.

The sale of 100 kilograms or more is a Class A felony which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000.

Sale within 2,000 feet of a school or 1,000 feet of public housing is punishable by a sentence of 10 years-life imprisonment and a fine of $5,000-$20,000.

See:

• Section 195.211 of the Missouri Criminal Code
• Section 195.212 of the Missouri Criminal Code
• Section 195.222 of the Missouri Criminal Code
• Section 195.223 of the Missouri Criminal Code
• Section 558.011 of the Missouri Criminal Code
• Section 560.011 of the Missouri Criminal Code

Cultivation

Cultivation of 500 plants or more is a Class A felony, which is punishable by a sentence of 10 years-life imprisonment with no probation or parole and a fine of $5,000-$20,000.

All other cultivation in Missouri will be punished based upon the aggregate weight of the plants found. See the "Possession" and "Sale, Trafficking, or Distribution" sections for further penalty details.

See:

• Section 195.223 of the Missouri Criminal Code
• Section 558.011 of the Missouri Criminal Code
• Section 560.011 of the Missouri Criminal Code

Hash & Concentrates

The penalties for hashish and concentrates are exactly the same as for marijuana in Missouri.

See:

• Section 195.010(24) of the Missouri Criminal Code
• State v. Randall, 540 S.W.2d 156, 159
• State v. Evans, 637 S.W.2d 62 (Mo App. 1982)

(Mo.App.1976) ("Although 'hashish' is not specifically listed in the schedules, it is clearly included within the statutory definition of marihuana.")

Paraphernalia

The possession of paraphernalia is a misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of paraphernalia is a felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

See:

• Section 195.233 of the Missouri Criminal Code
• Section 195.235 of the Missouri Criminal Code
• Section 558.011 of the Missouri Criminal Code
• Section 560.011 of the Missouri Criminal Code
• Section 560.016 of the Missouri Criminal Code