Drug-Free Workplace and Drug-Free Schools and Communities Acts

In support of the national strategy to combat illicit drug and alcohol abuse, Congress has enacted the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, which require that "as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education or state/local educational agency must certify that it has adopted and implemented a program to prevent the unlawful manufacture, possession, use, or distribution of illicit drugs and alcohol by students and employees." Moravian University and Moravian Theological Seminary have issued the following statement to inform the community of the seriousness of the use and abuse of drugs and alcohol and to set forth the standards of conduct regarding such activity by students and employees of the institution.

Community Responsibility

Moravian University and Theological Seminary students and employees are both citizens and members of the academic community. As citizens, they enjoy the same rights and obligations that all other citizens enjoy; and, as members of the academic community, they are subject to the rights and obligations that accrue to them by virtue of this membership. Students and employees are expected to be honorable and ethical in every regard and to have consideration for the welfare of others as individuals and for the community as a whole.

Standards of Conduct

The unlawful manufacture, possession, use, misuse, abuse, or distribution of illicit drugs, alcohol, and illegal prescription drugs without authorization and medical supervision on institutional property or off campus while conducting any officially sanctioned institutional activity is strictly prohibited. If found in violation of these standards, students and employees will be subject to disciplinary action and may incur penalties prescribed by civil authorities.

Faculty and staff, as a condition of employment, must abide by the terms of this policy and notify the University of any criminal drug statute conviction for a violation occurring on or off the University premises while conducting business for the institution no later than five days after such conviction.

Sanctions for violation of any of the aforementioned standards imposed on employees may vary from mandatory participation in rehabilitation programs to termination of employment or revocation of tenure and referral for prosecution.

For students, sanctions imposed by the institution for violations of the above conditions are outlined in the Student Code of Conduct and may include fines, developmental sanctions, parent/guardian notification, suspension, expulsion and referral for criminal prosecution.

Definition of Illicit Drugs and Alcohol

"Illicit drugs" refers to certain controlled substances not prescribed by the user's physician, including (but not limited to): marijuana (including hashish); stimulants (amphetamines, cocaine); depressants; hallucinogens (including PCP); opiates or narcotics (heroin, morphine, opium); inhalants (sprays, solvents, glue); and "designer drugs" (synthetic drugs similar in effect to stimulants, hallucinogens, and narcotics, including GHB and Ecstasy). This list is not comprehensive.

In addition to illicit drugs, illegal prescription drugs that are used without authorization and medical supervision can also pose a serious threat to both the physical and mental well-being of the user.

Alcohol is a depressant that slows the activity of the central nervous system and the brain. Alcohol is a substance regulated by local, state, and federal agencies with respect to its purchase, transportation, consumption, and possession.

Health Risks

All drugs, including alcohol, can produce serious side effects. This is true even of prescription or other legal drugs when used as prescribed, but their risks are weighed against their benefits by medical professionals in the therapeutic context. Prescription drugs used without a prescription and medical supervision can pose a serious threat to the well-being of the user. Because the drugs listed below impair the mind, they increase likelihood of accidents and violent behavior.

The many health risks associated with alcohol use are well documented. Small amounts may affect judgment and coordination, impairing performance of even simple routine tasks. The repeated use of alcohol can lead to dependence, with multiple physical, emotional, and psychological complications. Effects of the prolonged use of alcohol may include damage to the central nervous system; malnutrition and anemia; damage to the heart, lungs, and liver; mental disorders; and death.

Health risks associated with the seven categories of illicit drugs may include:

  • Marijuana: impaired memory, lung and pulmonary damage, chronic emphysema, cancer. 
  • Stimulants: paranoia, hallucinations, dizziness, headaches, abdominal cramps, malnutrition, overstimulation of the central nervous system, seizures, stroke, heart failure, death. 
  • Depressants: initial effects similar to alcohol inebriation, slowed reflexes, unstable mood, loss of memory, coma, death.
  • Hallucinogens: distortion of reality, including illusions and hallucinations, injury of self or others, convulsions, brain damage, coma, death.
  • Opiates (narcotics): skin abscesses, respiratory damage, malnutrition, pneumonia and hepatitis, heart disease, diabetes, coma, death.
  • Inhalants: fatigue, weight loss, permanent damage to the nervous system, hepatitis, organ failure. 
  • Designer drugs: psychosis, instant paralysis and brain damage, death.

In addition, the "date-rape drugs" Rohypnol and GHB may cause a weakened or unconscious state often followed by amnesia.

Drug and alcohol abuse can reduce the body's resistance to infections and bring about malnutrition, organ damage, and mental illness. Overdoses of almost all these substances can cause psychosis, convulsions, coma, and death.

Counseling and Treatment

Students who abuse controlled substances or alcohol are encouraged to seek assistance and referral through the Counseling & Psychological Services (CAPS) office (610 861-1510) or the Moravian University Health Center (610 861-1567). Treatment is available for drug and alcohol abuse problems at CAPS for full-time undergraduate students and full-time graduate students. Treatment is determined on an individual basis and may include therapy (individual and/or group) with CAPS staff or referral to off-campus treatment resources.

Employees who abuse controlled substances are encouraged to seek referral through the Moravian University Health Center (610 861-1567), CAPS (610 861-1510), or the Office of Human Resources (610 861-1527).

Employees also have access to our Employee Assistance Program (EAP) which offers free work-life help and resource. Visit our EAP Page to learn more and register for an account.

Many options are available in the Lehigh Valley and surrounding areas for students and employees in need of substance-abuse treatment. Some of these centers are listed here:

Additional resources can be found at the Mental Health Referral Pamphlet. This is only a partial listing of services and programs available in the greater Lehigh Valley and surrounding areas. The presence of a program or service on this list is not to be construed as the University's endorsement of the identified agency. Should any of these programs or agencies prove to be unsuitable for any reason, additional options may be explored with any of the Moravian offices noted above.

Criminal Sanctions Under Local, State and Federal Laws

The following description is a summary only and is not a substitute for legal advice. Anyone wishing legal advice should consult an attorney.

1. City of Bethlehem: 

Public consumption of alcoholic beverages and possession of open containers of alcoholic beverages in a public place or in an automobile is illegal and punishable by law. Punishment includes a $100 fine or thirty days imprisonment (or both) for the first offense; a $300 fine or sixty days imprisonment (or both) for the second offense; and a $600 fine or ninety days imprisonment (or both) for the third and each subsequent offense.

Because Marijuana is considered a controlled substance under Pennsylvania Law, it is illegal in the city of Bethlehem for any person to possess a small amount of Marijuana, and/or Marijuana paraphernalia. Persons who possess Marijuana and/or Marijuana paraphernalia are subject to fines up to $150.  We are including links for more information regarding Bethlehem’s Alcohol and Marijuana Ordinances.

2. Commonwealth of Pennsylvania:

Alcohol: A person less than 21 years of age commits a summary offense if they attempt to purchase, consume, possess, or knowingly and intentionally transport any liquor or malt or brewed beverage. Violation of this law is punishable by fines up to $500 or imprisonment up to 90 days. Misrepresentation of age to purchase alcohol is also punishable by fines up to $500, imprisonment up to one year. Altering, selling, or manufacturing false identification is punishable by a fine of up to $1,000 (first offense) and up to $2,500 (second and subsequent offense). Selling or furnishing alcoholic beverages to those under 21 is punishable by a mandatory fine of up to $1,000 (first offense) and $2,500 (second and each subsequent offense). All persons, while in the Commonwealth of Pennsylvania, are subject to the Pennsylvania Liquor Code and Crimes Code. 

Pennsylvania law provides that a person with a blood alcohol content (BAC) of .08% or greater who operates a motor vehicle is considered driving under the influence and is subject to prosecution under Pennsylvania law. A more complete summary of Pennsylvania laws and penalties related to alcohol may be found on the Pennsylvania Liquor Control Board’s website at: https://www.lcb.pa.gov. 

Drugs: The Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. C.S.A. 780-101 et seq., establishes five schedules of controlled substances based on dangerousness and medical uses. It prohibits the manufacture, distribution, sale or acquisition of controlled substances except in accordance with the Act as well as acquisition by misrepresentation or forgery or the knowing possession of controlled substances unlawfully acquired. Penalties for first-time violators of the Act range from 30 days imprisonment, $500 fine, or both for possession or distribution of a small amount of marijuana or hashish, not for sale, to 15 years or $250,000 or both for the manufacture or delivery of a Schedule I or II narcotic. A person over eighteen years of age who is convicted for violating the Act, shall be sentenced to a minimum of at least one year total confinement if the delivery or possession with intent to deliver of the controlled substance was to a minor. If the offense is committed within 1,000 feet of the real property on which a university is located, the person shall be sentenced to an additional minimum sentence of at least two years total confinement. 

The Pharmacy Act of 1961, 63 Pa. C.S.A. 3908 makes it unlawful to procure or attempt to procure drugs by fraud, deceit, misrepresentation or subterfuge or by forgery or alteration of a prescription. The first offense is a misdemeanor, with a maximum penalty of one year's imprisonment, a $5,000 fine, or both. 

The Vehicle Code, 75 Pa. C.S.A. 3802 et seq., which was amended effective July 1, 1977, prohibits driving under the influence of alcohol or a controlled substance, or both, if the driver is rendered incapable of safe driving. A police officer is empowered to arrest without a warrant any person whom they have probable cause to believe has committed a violation, even though the officer may not have been present when the violation was committed. A person so arrested is deemed to have consented to a breath or blood test for the purpose of determining alcohol content, and if a violation is found, it carries the penalties of a misdemeanor of the second degree, which includes imprisonment for a maximum of 3 days.

3. Federal: The Federal drug laws, The Controlled Substances Act, 21 U.S.C. 801 et seq., are similar to the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, but contain, for the most part, more severe penalties. Schedules of controlled substances are established, and the law prohibits the knowing or intentional manufacture, distribution, dispensing, or possession with intent to distribute or dispense a controlled substance. If the quantity of controlled substance is large (e.g. 1,000 kg. of a mixture or substance containing marijuana), the maximum penalties are life imprisonment, a $4,000,000 fine, or both.

Lesser quantities of controlled substances (e.g. 100 kg. of a mixture or substance containing marijuana) result in maximum penalties of life imprisonment, a $2,000,000 fine, or both. The distribution of small amounts of marijuana for no remuneration or simple possession of a controlled substance carries a maximum of one year's imprisonment, a $5,000 fine, or both, with the penalties for the second offense doubling. Double or triple penalties are imposed against persons 18 or older who distribute to persons under the age of 21. Double penalties also apply to the distribution or manufacture of a controlled substance in or on or within 1,000 feet of the property of a school or college.

Please see the U.S. Drug Enforcement Administration website at: https://www.dea.gov/index.shtml for the most recent and complete information about Federal drug trafficking penalties.

Violations of local, state, and federal laws may, at the discretion of the appropriate authorities, subject the offender to criminal prosecution.  Independent of any criminal sanctions, violators are also subject to the Standards of Conduct as discussed above.