The Big Four Alcohol and Drug Strategies
James Madison University is committed to helping students learn and grow from their choices involving alcohol and drugs. Since learning can occur at any point before, during, or after a student accountability process, the Three Strikes strategy was implemented so students better understand how often they have been found responsible for an alcohol or drug policy violation at the university as they consider future decisions regarding substance use.
Students will receive a strike if found responsible for an incident involving alcohol and/or drugs. Students may be suspended for a minimum of one semester upon their receipt of a third strike; strikes are cumulative over a student’s career at JMU. However, students may be suspended prior to a third strike for violations which pose health or safety concerns to the student or the community. Examples of health and safety concerns include but are not limited to; distribution of drugs, supplying alcohol to those who are underage, DUIs, and keg registration violations.
James Madison University understands that the campus community plays an important role in the life of a student, but many times, the individuals who have the greatest impact on a student are those away from the university. The Parent/Guardian Notification strategy was implemented so the university can partner with parents and guardians in the learning process to help students be successful during their time at JMU.
If a student is under the age of 21 at the conclusion of the Accountability Process and is found responsible for an alcohol or drug violation(s), parents/guardians will be notified.
James Madison University is committed to preparing students to be enlightened citizens. Among the characteristics of an enlightened citizen are understanding your role in a community and how your actions and choices impact others. JMU is a part of Harrisonburg and Rockingham County communities that many individuals and families call home. The Off-Campus Response strategy was implemented because the university is responsible for their students, on and off campus, since student choices reflect the values of the university in which they represent.
Alcohol or drug incidents, that occur off campus within Harrisonburg or Rockingham County may be addressed by OSARP in accordance with university policies and procedures. For more information regarding jurisdiction, please refer to the "Jurisdiction" section of this Handbook.
James Madison University is committed to preparing students to be enlightened citizens. Among the characteristics of an enlightened citizen are the ability to make responsible decisions about one’s personal welfare and the ability to make ethical decisions regarding the welfare of others. The Enlightened Citizen Amnesty Process (ECAP) is created to encourage students to make responsible and ethical decisions for themselves and others. The university wants students to get help for themselves or others when alcohol or drugs are involved and medical assistance is needed.
If a student voluntarily seeks assistance for themselves or others, on or off campus, as a result of alcohol or drug use, the student will typically be granted amnesty from disciplinary action by the university. A student can be the individual for which assistance was sought or a bystander who was actively involved in the assistance being sought or provided. For student bystanders to be granted amnesty, they must stay with the student for whom assistance was sought, if safe to do so, until appropriate responding authorities arrive, and they must cooperate with responding authorities.
Once OSARP receives a report, the student will be notified of alleged policy violation(s) and information about an Administrative Case Review. The determination of whether amnesty will apply occurs on a case-by-case basis, as determined during an Administrative Case Review by a Case Administrator. A student may appeal a Case Administrator’s decision not to grant amnesty for a case in writing to the Director of OSARP or designee. After a review of the case and appeal, the Director or designee will inform the student of the final decision on granting or denying amnesty for a case; this will be a final decision on amnesty.
If a student has amnesty granted:
- The case will result in a finding of “Dropped – Amnesty”;
- The case will not result in a university disciplinary record;
- The student will not receive a strike;
- A notification will not be sent to the student’s parent/guardian; and,
- The student may be required to complete educationally-focused sanctions and/or other case outcomes, as determined by the Case Administrator, except for disciplinary probation, suspension, and/or expulsion. If a student does not complete the required educationally-focused sanctions and/or other case outcomes, OSARP may pursue additional alleged violations of university policy such as Failure to Comply with a Disciplinary Outcome and/or Noncompliance.
Exceptions and other information:
- Amnesty will not be granted to students who have previously received amnesty if doing so would undermine the intent of the alcohol or drug policies, which includes the safety of students and the community.
- Amnesty will not be granted in circumstances where medical attention is requested by JMU staff members, police, or emergency personnel while performing their job duties. ECAP does not provide protection against civil suits or criminal charges resulting from the incident.
- The Handbook details processes pertaining to disciplinary immunity regarding hazing and/or personal consumption of alcohol or drugs when made in conjunction with a good faith report. For more information, please visit the relevant section:
- Accountability Process
- Sexual Misconduct Accountability Process
- Title IX Sexual Harassment Adjudication Process
Health Risks and Resources
In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (H.R.3614), higher education institutions are required to publish and distribute a list of descriptions of the health risks associated with alcohol and illicit drug use. The list of substances below are considered to be the most commonly abused according to the National Institute on Drug Abuse at the National Institutes of Health.
JMU offers the following resources:
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Wellness Coaching – Substance Misuse: JMU Health Promotion coordinates Wellness Coaching with a focus on substance misuse. This program is designed to help students explore their expectations around alcohol, cannabis and/or other substances as well as the potential risks. Wellness Coaching with a focus on substance misuse is comprised of up to two 50-minute sessions with a specialized program facilitator. During these sessions, students may take a self-evaluation that provides the comprehensive feedback and an opportunity to discuss and process. Wellness Coaching is an empathic, confidential, and non-judgmental service open to all JMU students. Wellness Coaching with a focus on substance misuse is not an addiction treatment program. Referral to appropriate community resources is available.
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Educational Programs: JMU’s OSARP offers many programs including two educational classes entitled By the Numbers and Calling the Shots. To learn more about these programs, visit: JMU Student Handbook: Sanctioning or call (540) 568 – 6218.
Students who have not been sanctioned to the above classes are able to enroll. Please see the appropriate link for more information.
The resources that Harrisonburg offers include but are not limited to:
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RMH Life Recovery Program: The LIFE Recovery Program at RMH Behavioral Health is a comprehensive treatment program focusing on freedom from chemicals for those suffering with alcohol or drug problems. Services offered range from individual therapy to group therapy to intensive group therapy, and even aftercare services.
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Alcoholics Anonymous in Harrisonburg
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Al-Anon Virginia
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Shenandoah Valley Area of Narcotics Anonymous
Criminal Responses to Alcohol and Drugs
JMU takes alcohol and drug abuse very seriously and will impose sanctions, according to the guidelines provided in this Handbook, in response to incidents. In accordance with the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below for Alcohol and Drugs.
Virginia's Alcohol Beverage Control Act contains a variety of laws governing the possession, use and consumption of alcoholic beverages. The Act applies to the students and employees of this institution. As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below:
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It is unlawful for any person under age 21 to purchase or possess any alcoholic beverage. Violation of the law expose the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to 12 months, a fine up to $2500 or both. Additionally such person’s Virginia driver’s license may be suspended for a period of not more than one year.
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It is unlawful for any person to sell alcoholic beverages to persons under the age of 21. Violation of the law exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to 12 months, a fine up to $2500 or both.
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It is unlawful for any person to purchase alcoholic beverages for another when, at the time of the purchase, they know or has reason to know that the person for whom the alcohol is being purchased is under the legal drinking age. The criminal sanction for violation of the law is the same as item 2 above.
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It is unlawful for any person, regardless of age, to consume alcoholic beverages in unlicensed public places. Violation of the law, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.
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It is unlawful for any person under the age of 21 to use or to attempt to use an altered or fictitious I.D. to purchase alcoholic beverages. Punishment is confinement in jail for up to 12 months and a fine of $2500, either or both. Driving privileges shall also be revoked for at least 6 months or up to 1 year.
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It is illegal to drive while under the influence of alcohol. Individuals are considered impaired if their blood alcohol content (BAC) exceeds .08. Persons under the age of 21 who drive with a BAC of at least .02 but less than .08 may be fined up to $500 and have their driver’s license suspended for up to six months. Persons with a BAC of .08 or higher or persons refusing a breath test will have their driver’s license automatically revoked.
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It is unlawful for any person under 21 to operate any motor vehicle after illegally consuming alcohol. Violation of the law is a misdemeanor for which the punishment is loss of driver’s license for 6 months and up to $500 fine.
See also Code of Virginia 18.2-251; First Offender Status for Substance Charges
Conditions for Approval of Events Where Alcohol is Served
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In order to apply for an ABC license, the majority of persons in attendance must be of legal age for the beverage being served at an event.
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The focus of the event is not limited to alcohol consumption.
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Nonalcoholic beverages must be available at a comparable price at all times that alcoholic beverages are being sold.
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Sponsors will provide solid food to moderate the effects of alcohol consumption and will continue to have food available as long as alcohol is being served.
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No social event shall include any form of “drinking contest” in its activities or promotion.
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Publicly distributed materials, including advertisements for any university event, shall not make reference to the availability of alcoholic beverages.
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Individuals sponsoring the event are responsible for taking measures to ensure that alcoholic beverages are not accessible or served to persons under the legal age. This requires verifying age on entry to the event and checking those who may drink alcohol where it is served. Persons serving alcohol or checking age may not consume alcohol prior to or while serving.
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During an event, people may not enter or exit with alcohol.
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Sponsors are expected to abide by any additional rules for the facility where the event occurs.
Criminal Sanctions - Controlled Substances and Illicit Drugs
The unlawful possession, distribution and use of controlled substances and illicit drugs, as defined by the Virginia Drug Control Act, are prohibited in Virginia. Controlled substances are classified under the act into schedules ranging from Schedule I - Schedule VI, as defined in sections 54.1-3446 through 54.1-3456 of the Code of Virginia (1950), as amended. As required by the Federal Drug-Free Schools and Communities Act of 1989, the pertinent laws, including sanctions for their violation, are summarized below:
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Possession of a controlled substance classified in Schedules I or II of the Drug Control Act, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment ranging from one to ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for up to twelve months and a fine up to $2500 either or both.
Link to Code of Virginia - Schedule I substances
Link to Code of Virginia - Schedule II substances -
Possession of a controlled substance classified in Schedule III of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to twelve months and a fine up to $2500, either or both.
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Possession of a controlled substance classified in Schedule IV of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is confinement in jail for up to six months and a fine up to $1000, either or both.
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Possession of a controlled substance classified in Schedule V of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $500.
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Possession of a controlled substance classified in Schedule VI of the Drug Control Act, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is a fine up to $250.
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Possession of a controlled substance classified in Schedule III, IV, or V of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a misdemeanor conviction for which the punishment is either confinement in jail for up to one year, a fine up to $2500, or both.
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Any person who possesses marijuana or marijuana products in excess of one ounce but not exceeding more than one pound is subject to a civil penalty of no more than $25.
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Any person who possesses more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
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No person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or marijuana products. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana products.
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Any person 18 years of age or older who violates the above is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.
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Possession of a controlled substance classified in Schedules I or II of the Drug Control Act with the intent to sell or otherwise distribute, upon conviction, exposes the violator to a felony conviction for which the punishment is a term of imprisonment from five to forty years and fine up to $500,000. Upon a second conviction, the violator must be imprisoned for not less than five years but may suffer life imprisonment, and fined up to $500,000. For a third or subsequent offense, a mandatory five-year prison sentence is imposed.
See also Code of Virginia 18.2-251; First Offender Status for Substance Charges
