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Appendices

Appendix A

University of Massachusetts Lowell Policies Regarding the Practice of Hazing

HAZING POLICY

The University of Massachusetts Lowell has a Zero Tolerance Policy for any/all types of Hazing. Hazing is defined as the following: As conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other persons. The implied or express consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this policy. Failure to report a potential violation of the hazing policy may result in action through the Student Conduct System. To report a potential violation of the hazing policy you can use the following methods:

  • Office of Student Conduct
  • Dean of Students Office
    • Phone: 1-978-934-2100
  • University of Massachusetts Police Department
    • Phone 1-978-934-2398
    • Anonymous tip line: 1-978-934-4213
  • National toll-free anti-hazing hotline
    • 1-888-NOT-HAZE (1-888-668-4293)

HAZING LAW

Hazing is a violation of the Laws of Massachusetts please refers to Chapter 269 (sections 17-19) of General Laws as Amended January 5, 1988:

Section 17.

Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.

Notwithstanding any other provisions of the section to the contrary, consent shall not be available as a defense to any prosecution under this action.

Section 18.

Whoever knows that another person is the victim of hazing as defined in section fifteen and in seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonable practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

Section 19.

Each institution of secondary education and each public and private institution of post-secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

Appendix B

University of Massachusetts Alcohol Policy

PREAMBLE

All students/employees at the University of Massachusetts Lowell are expected to abide by all Federal, State and local laws, including those regulating the use, possession, sale, distribution, manufacture and cultivation of illicit drugs and alcohol. In addition, Congress amended Title XII of the Higher Education Act of 1965 by adding a section pertaining to Drug Free Schools and Campuses. Under this new amendment any institution receiving federal funds, including federal student loan programs, must adopt and implement policies to prevent the use of illegal drugs and alcohol by students and employees.

Financial aid penalties for drug offenses: Beginning on July 1, 2000 the 1998 amendments to the Higher Education Act require the suspension of eligibility for financial aid for students convicted of drug related offenses. The length of suspension of eligibility is not less than one year and varies depending on the nature of the offense. Full details are available from the Office of Student Financial Assistance.

The University of Massachusetts Lowell is committed to promoting a climate which supports academic and personal growth and success and the well-being of all members of the academic community. To safeguard and promote a healthy academic and living environment, the University promulgates rules and regulations for the behavior of all members of the community. These are outlined in several major policy statements i.e., the student conduct code, the hazing policy, the alcohol and other drug policies, etc. Copies of these campus regulations are available on the web.

It is the responsibility of each member of this community to understand and comply with all campus rules and regulations. These regulations include all federal, state and local laws including the Drug Fee Schools and Community Act of 1989, the Drug Free Workplace Act of 1988 and the Higher Education Act (as amended in 1998). As a member of the university community, it is your responsibility to know and abide by all campus rules and regulations, to understand the risks associated with the use and abuse of alcohol and other drugs, and to assist in creating an environment that promotes health-enhancing attitudes and activities.

The following definitions apply to the Drug and Alcohol Policies which follow:

Area under jurisdiction of the University includes all:

  1. property occupied, leased or used by the University;
  2. property owned, occupied, leased or used by the University of Massachusetts Lowell Building Authority; and
  3. property occupied or used by any other university-recognized organizations.
  • Alcoholic Beverage - any liquid intended for human consumption as a beverage and containing one or more of alcohol by volume at sixty degrees Fahrenheit
  • Controlled substance - any substance listed in schedules I. through V. of section 202 of the Controlled Substances Act (21 USC. 812).
  • Conviction - a finding of guilty (including a plea of nolo contendre) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes;
  • Employee - elected or appointed officers or employees, including all members of the University faculty and staff whether serving full or part-time, temporary or permanent, compensated of uncompensated.
  • Manufacture - the production, preparation, propagation, compounding, conversion, or processing of a controlled substance.
  • Possession - the knowing or intentional possession of a controlled substance; having direct physical control over a controlled substance.
  • Student - all persons taking courses at the University, either full-time or part-time; pursuing undergraduate, graduate, or professional studies; persons who withdraw after allegedly violating the Student Conduct Code; persons who are not officially enrolled for a particular term but who have a continuing relationship with the University; persons who have been notified of their acceptance for admission; or persons who are living in University residence halls or apartments, although not enrolled in this institution
  • University - the University of Massachusetts Lowell, all campuses and all leased space or space occupied with a permit or license for the conduct of University business.
  • Organization - all recognized student organizations, governments and groups of students; all faculty, staff and alumni organizations using areas under University jurisdiction and all non-University organizations requesting use of any University facilities.
  • Authority - these regulations are promulgated by the Trustees of the University pursuant to applicable provisions of Massachusetts General Laws, Chapter 15A, sections 10 (g).

UNIVERSITY OF MASSACHUSETTS LOWELL ALCOHOL POLICY

A. GENERAL POLICY REGULATIONS

Federal, state, Local and University Sanctions for the unlawful use, possession, distribution, sale, manufacture, or production of alcohol except as may be provided in the University of Massachusetts Lowell Alcoholic Beverage Policy (Attachment A hereto):

  1. The University does not allow any person, group or organization to sell, dispense, produce or manufacture alcoholic beverages with the exception of those areas and/or events approved by the Chancellor.
  2. The sale, giving, serving, or using of, alcoholic beverages to or by those under the legal age is prohibited by Massachusetts Law. Possession of alcoholic beverages by those under 21 years of age is prohibited by Massachusetts Law.
  3. No person shall operate a motor vehicle while under the influence of alcohol.
  4. No alcoholic beverages shall be sold, dispensed or delivered to a person who is known to be a drunkard, to be an intoxicated person or to a person who is known to have been intoxicated within six months of the last proceeding.
  5. No person under 21 years of age shall transport, purchase, sell, possess or receive alcoholic beverages unless accompanied by his/her parent or legal guardian except that a person who is 18-20 may transport or carry alcoholic beverages in the course of his/her bonafide employment in an establishment licensed to sell alcoholic beverages.
  6. No person under 21 years of age shall use the liquor identification card of another, or furnish false identification in obtaining such a card, or alter or deface such a card.
  7. No person shall supply their liquor identification card to someone under 21 years of age.
  8. No person shall appear in a state of intoxication in a public place or disturb the peace in any manner while intoxicated.
  9. Students who are found in violation of these stated prohibitions may be subject to arrest and conviction under the applicable criminal laws of the Commonwealth. Conviction can result in sanctions including probation, fines and imprisonment.
  10. Students who are found to be in violation of these stated prohibitions are subject to discipline in accordance with the requirement of the University’s Student Conduct Code and Judicial Process.
  11. Employees found to be in violation of these stated prohibitions are subject to disciplinary action in accordance with any applicable bargaining agreements.

The above listed general policy regulations should not be considered as an exhaustive restatement of the pertinent Federal, State and local laws regarding the use of alcohol. All members of the University of Massachusetts Lowell community are expected to acquaint themselves with and abide by all laws governing the acquisition, possession, transportation, consumption and sale of alcoholic beverages.

RESIDENCE HALL ALCOHOL POLICY as in accordance with the laws of the Commonwealth, no alcoholic beverages shall be offered, gratuitously or for sale, to a person under the age of 21, either privately or at a group function, whether it is at an approved function or informal gathering in the residence halls. The possession, consumption or being in the presence, of alcoholic beverages in the residence halls by a person less than twenty-one years of age is prohibited.

  1. Students under the age of 21 years are not permitted to possess, consume, or be in the presence of alcoholic beverages. A resident or guest who is of legal drinking age may possess and consume alcoholic beverages in the residence hall only in the privacy of the resident’s own room or in the room of another resident who is of legal drinking age and who is present during the consumption. The door of the room must be kept closed. Alcohol and alcohol containers, including decorative bottles and cans, whether empty or full are prohibited from Halls at all times. Behaviors committed under the influence of alcohol will be considered a violation of the Alcohol Policy.
  2. The purchase or delivery of alcoholic beverages in the residence halls, gratuitously or for sale, to a person under the age of 21 is prohibited and shall constitute a major infraction of University regulations. Commercial deliveries of alcoholic beverages to the residence halls are prohibited.
  3. Only residents of legal drinking age may bring alcoholic beverages into their own residence hall. At no time may a guest of any age or resident under the age of 21 bring alcoholic beverages into a residence hall. University Police or Residence Life staff will confiscate all alcohol in the possession of any guest or resident students under the age of 21 in public areas; in addition any open containers of alcohol will be confiscated regardless of age.
  4. The possession or use of alcoholic beverage containers such as kegs, partial kegs, mini-kegs, punch bowls, beer balls or any common containers, whether partially full or empty, in any residence hall or grounds by anyone, whether of legal age or not, shall constitute a major infraction and will result in immediate removal from housing. The possession or use of funnels is strictly prohibited.
  5. Beirut, Beer Pong, and other drinking games involving alcohol are expressly forbidden.
  6. Upon request by University personnel (i.e. residence hall staff, University Police, administration personnel) residents must provide a valid form of identification upon entering a residence hall or while transporting or consuming alcoholic beverages within a building or on University grounds.
  7. In the event that a resident or guest is deemed by University Police or Residence Life staff to be intoxicated, the resident and or guest will be asked to remain in the residence hall under host supervision until determination can be made that the intoxicated person(s) is in a safe condition. In addition, drunken disorderliness in any University building or grounds is prohibited and shall constitute a major infraction of University regulations. In a situation where a student is determined to be in an unhealthy state the University Police or Staff may call the parent or guardian to take custody of their student.
  8. All persons are prohibited from drinking alcoholic beverages or having open or previously opened alcoholic beverage containers in all residence hall public areas, including hallways, stairwells, bathrooms, lounges, lobbies, and outside grounds including, stairs, lawns, roofs, parking lots, patios, etc.
  9. Parties and gatherings where alcohol is present, informally or otherwise, are strictly prohibited in all residence halls. Any gatherings where more than two guests per occupant are present, and alcohol is present will constitute a party or gathering and may be disbanded by University Police or Residence Life staff. In these events, the alcohol will be confiscated regardless of the amount or age of the residents.
  10. No more than 1 open container, cup, bottle or can may be present for each individual above the legal drinking age when in the presence of underage individuals in a room occupied by of age students. University staff will construe additional open containers in excess of the number of legal age individuals as consumption by minors.
  11. Alcohol may not be stored or displayed in suite common areas unless all assigned occupants are of legal drinking age, this includes empty decorative bottles and cans.

HEALTH RISKS

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood of an accident. Low to moderate doses of alcohol also increases the incidence of a variety of aggressive acts, including domestic violence and physical altercations. Moderate to high doses of alcohol cause marked impairment in high mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver. Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than others of becoming alcoholics.

SANCTIONS

Alcohol Policy Violation Minimum Sanctions:
ViolationSanctions
First time in the presence of:
  • Parental Notification
  • Completion of MSB Judicial Alcohol Module
  • $ 25.00 fine1.
First use / possession / Second in presence:
  • Parental notification for students under 21.
  • MSB Judicial Alcohol Module (if not previously completed).
  • CHOICES Workshop
  • $75.00 fine
  • Written reprimand.
Second use / possession / subsequent in the presence of:
  • Parental notification for students under 21.
  • AOD 1
  • $100.00 fine.
  • Probation for a minimum of one academic year.
Subsequent use / possession
  • Parental notification for students under 21.
  • Removal from housing.
  • AOD 2
  • $100.00 fine.
  • Enhanced Probation for a minimum of one academic year.
Alcohol Violations Requiring Medical Intervention:
  • Parental notification for students under 21.
  • CHOICES
  • AOD I
  • $100.00 fine.
  • Written reprimand.
Second alcohol violation requiring medical intervention
  • Parental notification or a meeting with student and parents based on the age of student and financial dependency.
  • Probation for 1 year.
  • AOD 2
  • $100.00 fine.
Subsequent alcohol violation requiring medical intervention
  • Parental notification or a meeting with student and parents based on the age of student and financial dependency.
  • Removal from university housing.
  • Enhanced Probation for 1 year.
  • Enrollment in an Alcohol Treatment Program.
Providing to Minors / Sale / Distribution:
  • Parental notification for students under 21.
  • Sanctions ranging from Probation to Suspension or Expulsion.
  • MSB Judicial Alcohol Module (if not previously completed).
  • CHOICES Workshop
  • $75.00 fine
Decorative bottle sanctions:
  • Parental notification for students under 21.
  • Written Reprimand.

1 Fines collected as sanctions are utilized for Wellness / Substance Education.

*Alcohol and Other Drug Education Program. Three options exist for Alcohol Offenses:

  • The first option is an on-line program (MSB) taken by the student within a two week period.
  • The second option is a workshop (CHOICES) taught by a Health Educator and Peer Educators.
  • The third option (AOD 1 or 2) is an assessment meeting with either a UMass Lowell staff counselor or an Addiction Specialist; this determination will be made by the Conduct Officer or the Associate Dean of Student Affairs or his designee.

REFERRAL / RESOURCES FOR ALCOHOL RELATED PROBLEMS

Services and resources are available to all members of the University community to provide accurate information relating to alcohol, to support individual needs and to assist at crisis points. Listings of resources on campus are available by calling the Counseling Center (at 934-4331), University Health Services (at 934-4991), the Personnel Office (at 934-3555) or the Office of Student Services (at 934-2100).

In addition, individuals who wish to enroll in an alcohol rehabilitation program should check the University’s insurance or their own insurance to verify if they are covered for these services.

Appendix C

University of Massachusetts Lowell Drug-Free Schools and Campuses Drug Policies and Regulations

Please see Appendix B for the University’s Alcohol Policies and Regulations.

No students shall knowingly sell, possess, manufacture, distribute or use on or off campus, substances defined by Federal or State law as illegal. Use/possession/sale/sharing of prescription medication that is not prescribed to a student is a violation of the Student Conduct Code, as well as a violation of the law. Additionally, the possession of drug paraphernalia is a violation of the Student Conduct Code. Paraphernalia is defined as any device used to use illegal drugs. This includes but not limited to: Bongs, Pipes, Rolling Papers, etc. It is the policy of the University of Massachusetts Lowell to maintain a drug free workplace. As a condition of employment, all University employees are required to follow this policy.

Medical Marijuana Clause:

Although Massachusetts law permits the use of medical marijuana, federal laws prohibit the use, possession, and/or cultivation of marijuana at educational institutions. Federal laws also require any institution of higher education which receives federal funding to have policies prohibiting the possession and use of marijuana on campus. The use, possession, or cultivation of marijuana for medical purposes is therefore not allowed in any University housing or on any other University property. The University will continue to enforce its current policies regarding controlled substances, and any students, faculty or employees who violate University policy prohibiting the use or possession of illegal drugs on campus, may be subject to disciplinary action.

HEALTH RISKS

Illegal drugs and misuse of controlled prescription drugs pose short and long-term health risks to the user. Categories of drugs include narcotics, barbiturates, stimulants, and hallucinogens (not to be confused with classes of drugs according to Commonwealth of Massachusetts Drug Laws). Not only is the drug risky, the route of administration or the way the drugs is taken into the body is also correlated with certain health risks.

Some drugs are smoked (marijuana, “crack”, opium, “crank”). Smoking any substance, especially marijuana, is found to have a detrimental effect on the lungs and upper airway.

Other drugs are “snorted” or inhaled (cocaine, heroin, inhalants) leading to injury of the lining of the nose.

Many drugs are ingested and some drugs are injected under the skin (skin-popping). Drugs that are injected directly into a vein (main lining) include heroin, cocaine and morphine. Injecting drugs has severe risks of local infections, bacterial endocarditis, increased incidences of HIV and Hepatitis B and C. Permanent liver and kidney disease are possible outcomes of drug use. Scars or “track marks” are formed by repeated injections. Veins harden internally from repeated use.

Mind or mood altering drugs work in certain “pleasure” pathways of the brain by enhancing or altering chemicals called neurotransmitters. There can be permanent change in these pathways with heavy and prolonged use of cocaine. Street drugs are “cut” with often unknown and dangerous substances, which can make the user very ill or even cause death.

Short-term health risks of illegal drug use are: decreased judgment and perception, decreased mental alertness, reduced motor skill often leading to motor vehicle accidents and bodily injuries, increased risk taking and aberrant behavior.

Narcotics, especially heroin and morphine decrease the rate of respiration which may result in respiratory arrest then death, if not medically treated.

Stimulants (cocaine, amphetamines, methamphetamines) produce exhilaration. There is a surge of adrenaline resulting in an increase in blood pressure and pulse rate, causing blood vessels to constrict. These changes can cause strokes, paralysis, heart attacks and death. These events can occur with the first or any subsequent use. The myth is that sexual activity is increased with cocaine use. The fact is that sexual activity is decreased with increased use of cocaine.

Hallucinogens produce and increase in sensor perception (visual and or auditory). There may be flashbacks from prior use of LSD and STP. Use of these drugs can result in short and long-term psychotic events. Deaths and serious injuries often happen to those under the influence of certain hallucinogens (LSD, STP and PCP). Drinking alcohol with substances, produces and additive effects, making the alcohol and drugs more potent.

Certain tranquilizers, especially in high doses cause disturbances in cardiac conduction. Vomiting is always a threat in drug use. It can cause choking and ultimately death, because the person’s reflexes are diminished. “Roofies” and Liquid Ecstasy produce sedation and loss of memory. When put into drinks, an unknowing victim becomes sedated and could be raped with no memory of the event.

Use of drugs during pregnancy has effects on the baby. Women who use cocaine and heroin during pregnancy have an increase in miscarriages. They give birth to babies addicted and usually of low birth weight. The infant must go through a difficult withdrawal. Long term effects in these children are not yet known.

Addiction is a major risk of using illegal and controlled prescription drugs. Heroin, codeine, opiates, barbiturates, and morphine are strongly physically addicting. Cocaine procedures both physical and psychological addition. Withdrawal from narcotics, barbiturates and cocaine is difficult and painful. Drug users often return to using drugs. Over time, the drug user usually suffers from malnutrition and a lowered immune system. He or she often becomes seriously ill requiring hospitalization from multiorgan failure, overwhelming infections, psychotic events, injuries from accidents, or drug-related violence.

All students/employees at the University of Massachusetts Lowell are expected to abide by all federal, state and local laws, including those regulating the use, possession, sale, distribution, manufacture and cultivation of illicit or illegal drugs.

In addition, Congress amended Title XII of the Higher Education Act of 1965 by adding a section pertaining to Drug Free Schools and Campuses. Under this and other newer amendments any institution receiving federal funds, including federal student loan programs, must adopt and implement policies to prevent the use of illegal drugs and alcohol by students and employees.

It is therefore, the University’s responsibility to insure that every student/employee is aware of the following information below.

Sanctions

Drug Policy Violation Minimum Sanctions:
ViolationSanctions
First use/possession / presence / paraphernalia:
  • Parental notification for students under 21.
  • MSB Judicial Drug Module (if not previously completed).
  • CHOICES Workshop
  • $75.00 Fine2.
  • Written reprimand.
Second use / possession / presence / paraphernalia:
  • Parental notification for students under 21.
  • AOD 1
  • $100.00 Fine
  • Enhanced Probation for a minimum of one academic year.
  • Removal from university housing.
Subsequent use / possession / Presence / paraphernalia:
  • Parental notification for students under 21.
  • AOD 2
  • $100.00 fine.
  • University Suspension for a minimum of one academic year.
Possession of an ounce or less of marijuana:In accordance with Massachusetts State Law, all students found in possession of one ounce or less of marijuana, who are not determined to have the intent to distribute, will be subject to a $100 fine.
Students who are 17 or under will be required to attend a substance education program as proscribed by the State Juvenile System.
Possession with intent to distribute/supply:
  • Parental notification for students under 21.
  • AOD 1 or 2
  • $100.00 fine.
  • Sanctions ranging from suspension to expulsion.
Sale or distribution:
  • Parental notification or a meeting with student and parents based on the age of student and financial dependency.
  • Parental notification for students under 21.
  • AOD 1 or 2
  • $100.00 fine.
  • Sanctions ranging from Suspension to Expulsion.
Manufacture/Cultivation:
  • Parental notification for students under 21.
  • AOD 1 or 2
  • $100.00 fine.
  • Sanctions ranging from Suspension or Expulsion.

2 Fines collected as sanctions are utilized for Wellness / Substance Education.

*Alcohol and Other Drug Education Program.Three options exist for Drug Offenses:

  • The first option is an on-line program (MSB) taken by the student within a two week period and a workshop (CHOICES) taught by a Health Educator and Peer Educators.
  • The second option (AOD 1 or 2) is an assessment meeting with either a UMASS Lowell staff counselor or an Addiction Specialist; this determination will be made by the Conduct Officer or the Associate Dean of Student Affairs or his designee.
  • A third option is another variation of the AOD Education Program, the program assigned to students who are 17 or under and have been found in possession of an ounce or less of marijuana. This program is administered through the Judiciary of the State of Massachusetts.

Federal, State and Local Sanctions — For unlawful use, possession, distribution, sale manufacture and cultivation of illicit drug. For specific sanctions please contact the authorities.

Referrals / Resources for Drug-Related Problems — Services and resources are available to all members of the University community, to provide accurate information relating to drugs and alcohol, to support individual needs and to assist at crisis points. Listings of resources on campus are available by calling the Counseling Center (978-934-4331), Student Health Services (978-934-4991) and the Human Resources Office (978-934-3555).

In addition, individuals who wish to enroll in drug abuse assistance and rehabilitation programs should check the University’s insurance and their own insurance to verify if they are covered for these policies.

Definitions

  • University — Area under jurisdiction of the University-includes all
    1. property occupied, leased or used by the University;
    2. property owned, occupied, leased or used by the University of Massachusetts Lowell; and
    3. property occupied or used by any other university-recognized organization and all campuses and all leased space or space occupied with a user permit or license for the conduct of University business.
  • Controlled Substance — any substance in schedules I. through V. of section 202 of the Controlled Substances Act (21 U.S.C. 812);
  • Conviction — a finding of responsible (including a plea of no lo contender) or imposition of sentence, or both, by any discipline body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.
  • Employee — elected or appointed officers or employees, including all members of the University faculty and staff whether serving full or part-time, temporary or permanent, compensated or uncompensated.
  • Manufacture — the production, preparation, propagation, compounding, conversion or processing of a controlled substance.
  • Possession — the knowing or intentional possession of a controlled substance; having direct physical control over a controlled substance.
  • Student — all persons taking courses at the University, either full-time or part-time; pursuing undergraduate, graduate, or professional studies; persons who withdraw after allegedly violating the Student Conduct Code; persons who are not officially enrolled for a particular term but who have a continuing relationship with the University; persons who have been notified of their acceptance for admission; or persons who are living in University residence halls or apartments, although not enrolled in this institution.

Appendix D

University of Massachusetts Guidelines for Responses to Demonstrations on University Property

The University of Massachusetts recognizes the rights of members of the University community to freedom of assembly and speech, and strongly believes in fostering discourse and the free exchange of ideas at the University. However, as a matter of law and University policy, these rights and interests are restricted, and must be exercised on University property in a manner consistent with the mission and operation of the University and the rights of other members of the University community. Accordingly, the University long ago adopted policies and procedures at each of its campuses which take into account these countervailing interests.

Nonetheless, some members of the University community on occasion have exceeded the bounds of appropriate expression during the course of demonstrations, by interfering in the educational activities and business of the University and with the rights of others. It is therefore desirable to re-affirm the importance of appropriate time, place and manner restrictions on demonstrations. Accordingly, and in order to provide further consistency in the application of the University policies to on-campus protests, the Office of the President is issuing the following guidelines for responding to demonstrations on University property:

  • All campuses shall routinely and consistently apply the provisions of their respective codes of conduct and other relevant policies and procedures to on-campus demonstrations.
  • The campuses shall take steps through appropriate procedures to hold demonstrators accountable for actions which violate University policies and regulations. Such improper actions include but are not limited to:
    • Material disruption of or interference with instructional activities, other University business and campus events;
    • Actual or threats of physical violence, or other forms of harassment, or destruction of University, other public or private property;
    • Interference with free entry to or exit from University facilities and free movement by individuals; and
    • Interference with the rights of other members of the University community to freedom of speech and assembly, and other rights.
  • Demonstrations are limited to appropriate public forums, which do not include among other locations, facility and administrative offices, classrooms and other instructional facilities. (Public forums are locations which by tradition or policy are available for public assembly and speech – such as a student union lobby where students have traditionally gathered to debate issues.) to the extent that a public forum exists within a University building, any demonstrations within that forum shall take place only during the building’s normal operating hours.
  • Where appropriate, the University shall endeavor to maintain open lines of communication with demonstrators and to provide opportunities for discussion of matters in dispute so long as the demonstrators act consistent with University policy and the rights of others. However as a general rule the University shall not negotiate with individuals who occupy any University facility, or with associated demonstrators, while any such occupation continues, and shall never negotiate within an occupied facility.

These guidelines are intended to support, not supplant, existing University policy. They apply to all members of the University community, including undergraduates, graduate students and employees as well as to guests and visitors. The guidelines should be implemented as consistently as possible, recognizing that special circumstances may on rare occasion require limited and judicious deviation from the guidelines.

Appendix E

UMass Lowell Good Samaritan Policy

Policy Statement

Student health and safety are primary concerns of the University of Massachusetts Lowell community. Students may be reluctant to seek help in alcohol-related emergencies because of potential conduct consequences for themselves, the person in need of assistance, or the organization hosting the event where the situation occurs. Since these emergencies are potentially life threatening, UMass Lowell seeks to reduce barriers to seeking assistance. To this end, this Good Samaritan Policy has been developed.

Purpose

The Good Samaritan Policy represents the University’s commitment to increasing the likelihood that community members will call for medical assistance when faced with an alcohol-related emergency. The policy also promotes education for individuals who receive emergency medical attention related to their own use of alcohol in order to reduce the likelihood of future occurrences.

Definitions

Signs of serious intoxication/impairment include:

  • Inability to rouse the person with loud shouting or vigorous shaking
  • Passed out
  • Semi-conscious; person goes in/out of consciousness
  • Slow (< 8 breaths/minute) or irregular breathing or lapses in breathing of 10 seconds or more
  • Cold, clammy, or bluish skin
  • Vomiting while passed out, not waking up after vomiting, or incoherent while vomiting

Procedures

Students are expected to contact the University Police (978-934-2911 or *2911) when they believe that assistance for an intoxicated / impaired person is needed on campus. Students should seek immediate help if any of the above signs are present, as they indicate a potentially life-threatening emergency. UMass Lowell Police Department will assist intoxicated/impaired individuals by facilitating transport to medical facilities or by taking other protective measures. In case of an off-campus medical emergency, students should call 911 for assistance by local police or medical professionals. If the intoxicated/impaired individual is located within a residence hall, a Resident Assistant (RA), Assistant Resident Director (ARD), Resident Director (RD), and / or Complex Director should also be notified after the UMass Lowell Police Department (UMLPD) is called. A severely intoxicated / impaired individual should never be left alone; therefore, at least one person should stay with the intoxicated/impaired individual while another person notifies the RA/ARD/RD/CC.

Whenever a student assists an intoxicated /impaired person in procuring the assistance of UMLPD, local or state police, residence life staff, or medical professionals, neither the intoxicated individual nor the individual who assists will be subject to formal university disciplinary actions for

  1. being intoxicated or
  2. having provided that person alcohol.

(This protocol does not preclude disciplinary action regarding other violations of university standards, such as causing or threatening physical harm, sexual assault, damage to property, harassment, hazing, etc. Students should also be aware that this policy does not prevent action by local and state authorities.) UMLPD and/or Residence Life staff will record names of intoxicated students to enable any follow-up that may be deemed necessary to ensure students well-being. Other information may also be as needed.

In order for this policy to apply, the intoxicated student(s) must agree to timely completion of recommended alcohol education activities, assessment, and/or treatment depending on the level of concern for student health and safety. In addition, if the student is under 21 years of age his/her parents will be notified. If the student does not follow these stipulations, she or he has violated the Good Samaritan Policy and is subject to the complete range of sanctions and penalties as outlined in the Student Code of Conduct and Disciplinary Process in the Student Handbook for an alcohol violation.

The Good Samaritan Policy may be used more than once. Students and organizations that help others seek medical assistance are not limited to one use of the Good Samaritan Policy, as they should always feel empowered to help those in need. However, serious or repeated incidents will prompt a higher degree of medical concern and formal response from the University which may include an intervention and/or conduct action.

Questions regarding the UMass Lowell Good Samaritan policy should be directed to the Dean of Students Office.