Saginaw Valley State University strives to offer members of the University community the same rights as those afforded to members of the larger community. All members of the University community are responsible for making decisions about their behavior within the context of Michigan law and University regulations.
The Drug-Free Workplace Act of 1988, Subtitle D, Section 5152 and the Drug Free Schools and Communities Act Amendments of 1989, PL No. 101-226, requires that Saginaw Valley State University maintain an environment free from the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol. This policy Concerning the Use of Alcohol and Other Drugs (this “Policy”) applies to all activities on University property, University sponsored events and may extend to off-campus activities and behaviors. Any violation of the Policy constitutes a violation of the SVSU Code of Student Conduct and workplace rules. Such violations may result in disciplinary action by both the University and civil authorities.
This Policy is written as evidence of Saginaw Valley State University’s commitment to its students by:
University Alcohol-Related Regulations
Violations of any of the above-listed regulations will constitute a violation of this Policy and the SVSU Code of Student Conduct.
Alcoholic Beverage Policy for Approved University Student Functions
The consumption of alcohol by those 21 years of age and older is permitted during an approved University function; provided, however, that all applicable provisions of this Policy concerning the use of alcohol remain in effect. Guidelines are available within the SVSU Operations Manual: General Operations 3.1-3 Special Event Alcohol Guidelines.
Additional Resident Student Alcohol Policy Provisions
Saginaw Valley State University maintains an enviornment free from the unlawful manufacture, distrubtion, dispensation, possession or use of controlled substance and/or alcohol. Possession of alcohol containers, while in facility/living unit, regardless of whether the container holds alcohol, is not permitted.
Those who are 21 years of age or older, and who have obtained a valid alcohol permit are permitted to possess and consume alcohol in accordance with this Policy, including, the following behavioral rules and regulations:
The following limits have been established regarding the amounts and types of alcoholic beverages (as defined in the Michigan Liquor Control Code and related laws, rules, and regulations) each assigned resident who is 21 years of age or older, and has obtained a valid alcohol permit, and behaves in accordance with this Policy, University rules and regulations, and federal, state and local laws; may possess:
All other alcoholic beverages are prohibited.
Off-campus Activities
Although the University accepts no responsibility for the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol at off-campus functions sponsored or attended by students or University-related organizations or individuals, the University’s expectations and standards for its students may extend to activities and behavior off-campus.
All persons planning or attending such an off-campus activity should be aware of the alcoholic beverage and other laws in that situation. Each person participating in the activity assumes responsibility for his or her own actions. Students attending off-campus social functions sponsored or hosted by students or University-related organizations or individuals are subject to all applicable federal, state and local laws, as well as University rules and regulations, and violations may result in disciplinary action by the University and/or civil authorities.
A student who is determined to have violated this policy for an alcohol-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below. In addition, such student is subject to prosecution and punishment under federal, state, and local laws.
The following table is a general summary of the range of possible University alcohol-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties may include appropriate developmental sanctions or disciplinary restrictions.
First Offense |
Second Offense |
Third Offense |
Alcohol Education $75 minimum fine, not to exceed $225 University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
University Probation Alcohol Education Parental/Guardian Notification $200 minimum fine, not to exceed $350 University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
University Suspension Parental/Guardian Notification Other appropriate developmental sanctions or disciplinary restrictions |
Sanctions will reflect both the degree and number of offenses of a particular student. In certain situations, sanctions, including, but not limited to, the following, may be imposed, in addition to the standard sanctions listed in the table above:
Violation |
Case Law(s) |
First Offense |
Second/ Subsequent Offense |
Open House Party |
750.141a |
Misdemeanor, 30 days in jail, or fine of not more than $1000 |
Misdemeanor, 90 days in jail, or |
Open House Party |
ORD 107 |
Misdemeanor, 30 days in jail, and/or $500 fine |
Misdemeanor, 90 days in jail, and/or $500 fine |
Sell or furnish alcohol to minors |
MCL 436.1701(1) |
Misdemeanor, 60 days in jail, and/or $1000 fine |
Misdemeanor, 90 days in jail, and/or $2500 fine and may be ordered to perform community service |
Furnishing to minors and causing minor's death |
MCL 436.1701(2) |
Felony, 10 years, and/or $5000 fine |
Same |
Transporting/Possession of alcohol by minor in a motor vehicle |
MMVC 257.624b |
Misdemeanor, substance abuse screening, community service, loss of M.V. up to 30 days, fine up to $100, and license suspension up to 180 days |
Misdemeanor, substance abuse counseling, community service, loss of M.V. up to 30 days, fine up to $200, and license suspension up to one year |
Purchase/Possess/or Consume |
MCL 436.1703(1) |
Civil infraction, fine up to $100, substance use disorder services, community service; substance abuse screening to assess at own expense. |
Misdemeanor, fine up to $200, substance use disorder services, community service, and license sanctions up to one year. Second offense up to a 30-day sentence. Third offense up to a 60-day jail senteance and $500 fine. |
Fraudulent Identification |
MCL 436.1703(2) |
Misdemeanor, fine and up to a $100, up to 93 days in jail. |
Same |
Minor driving with a blood alcohol level .02-.07 |
MMVC 257.625(6) |
Misdemeanor, fine is $250, 360 communicity service, no jail time. |
Misdemeanor, fine is $500, up to 93 days in jail, and 60 days community service. |
Civil (Dram Shop) Liability
Students should also be aware that civil liability may be incurred when their sale or furnishing of, or assistance procuring alcoholic beverages to an intoxicated person is found to have caused or contributed to property damage or personal injury or death of a person. Such liability may arise independently of any University sanctions or prosecution under local, state or federal law.
University Drug-Related Regulations
The following University regulations govern the possession, use, manufacture, sale or distribution of controlled substances (as defined by the Michigan Public Health Code):
Medical Marijuana and Michigan Regulation and Taxation of Marihuana Act
The use, possession, storage or cultivation of marijuana in any form and for any purpose is prohibited at Saginaw Valley State University. Although the Michigan Medical Marijuana Act of 2008 (the “MMMA”) permits qualified patients with specific medical conditions and their primary caregivers to use and possess marijuana, the MMMA conflicts with federal laws. Additionally, Michigan Regulation and Taxation of Marihuana Act also conflicts with federal laws. Because the University receives federal funding and is subject to the Drug-Free Workplace Act of 1988 and the Drug Free Schools and Communities Act Amendments of 1989, the use, possession, storage or cultivation of marijuana by anyone while on SVSU property, regardless of whether they are a licensed/registered patient or caregiver under the MMMA or of legal age, is a violation of this Policy and, therefore, a violation of SVSU’s Code of Student Conduct.
Drug Disciplinary Sanctions
A student who is determined to have violated this Policy for a drug-related infraction is subject to the sanctions set forth in SVSU’s Code of Student Conduct, as well as the sanctions described below. In addition, such student is subject to prosecution and punishment under federal, state and local laws.
The following tables are a general summary of the range of possible University drug-related sanctions. Sanctions are cumulative and may be enhanced based on past disciplinary record, the severity of behavior and/or the impact of the violation upon the community. There may be circumstances that are cause for exception. Penalties will reflect the degree of the drug-related violation and may include appropriate developmental sanctions or disciplinary restrictions, and in certain situations, a student may be expelled upon the first occurrence of a drug-related violation of this Policy.
Offense | First offense sanction |
Second offense sanction |
Third offense sanction |
Odor of controlled substance or possession of residue, paraphernalia or any type of controlled substances devise including, but not limited to: tools, bongs, bowls, cutting or weighing equipment, etc. |
Drug Education Other appropriate developmental sanctions or disciplinary restrictions |
Drug Education Parental/Guardian Notification $75 minimum fine, not to exceed $300 University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
Drug Education University Probation Parental/Guardian Notification $200 minimum fine, not to exceed $350 University Housing: University Probation Other appropriate developmental sanctions or disciplinary restrictions |
Possession or use
|
Drug Education $75 minimum fine, not to exceed $300 University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
Drug Education University Probation Parental/Guardian Notification $200 minimum fine, not to exceed $350 University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
University Suspension Parental/Guardian Notification Other appropriate developmental sanctions or disciplinary restrictions |
Manufacture, sale or distribution |
University Suspension or Explusion Parental/Guardian Notification |
|
Offense | First offense sanction |
Second offense sanction |
Odor of controlled substances |
$50 minimum fine Drug Education Other appropriate developmental sanctions or disciplinary restrictions |
$100 minimum fine Drug Education University Housing Probation Parental/Guardian Notification Other appropriate developmental sanctions or disciplinary restrictions |
Possession of residue, paraphernalia or any type of controlled substances devise including, but not limited to: tools, bongs, bowls, cutting or weighing equipment, etc. |
$100 minimum fine Parental/Guardian Notification Drug Education University Housing Probation Other appropriate developmental sanctions or disciplinary restrictions |
$200 minimum fine Parental/Guardian Notification Drug Education University Housing Removal University Probation Other apporpirate developmental sanctions or discipinary restrictions |
Possession or use of Schedule IV* Controlled Substances, including, but not limited to: Rohypnol, Darvon, Xanax and other categories of prescription drugs;
Possession or use of Schedule III* Controlled Substances, including but not limited to anabolic steroids, testosterone, codeine, some barbiturates, and ketamine; |
$200 minimum fine Parental/Guardian Notification Drug Education University Housing: |
$250 minimum fine Parental/Guardian Notification Drug Education University Housing Removal University Probation, Suspension or Expulsion |
Possession or use of Schedule I & II* Controlled Substances, including but not limited to: I: GHB, Heroin, Ecstasy and LSD; II: Cocaine, Crack, Oxycontin, Ritalin, Adderall |
University Probation, Suspension or Expulsion Other appropriate developmental sanctions or disciplinary restrictions |
Other appropriate developmental sanctions or disciplinary restrictions |
Offense |
Sanction |
Possession or use of Schedule V* Controlled Substances; Misintended use of mass quantities of prescription drugs or over the counter substances |
$200 minimum fine Parental/Guardian Notification Drug Education Counseling Referral University Probation, Suspension or Expulsion University Housing: Other appropriate developmental sanctions or disciplinary restrictions |
Manufacture, sale or distribution of any category of drug or controlled substances; manufacture, sale or distribution of any prescribed medications or over-the-counter substances other than for their intended use |
University Suspension or Expulsion Parental Notification |
*Examples of Controlled Substances by Schedule |
|
Schedule V |
Robitussin A-C, over the counter medications containing codeine, prescriptions with medical benefits |
Schedule IV |
Xanax, Valium, Darvocet, Rohypnol, Talwin, Darvon |
Schedule III |
Anabolic steroids (body builders), testosterone, Ketamine, codeine, some barbiturates |
Schedule I & II |
GHB, Heroin, Marijuana, Ecstasy, Adderall and LSD |
Sanctions reflect both the degree and number of offenses of a particular student. In certain situations, additional sanctions, including, but not limited to the following, may be imposed in addition to the standard sanctions listed in the table above:
Federal Penalties and Sanctions for Illegal Trafficking and Possession of a Controlled Substance
For current and detailed information regarding Federal Drug Trafficking Penalties, please visit The U.S. Drug Enforcement Administration:
For detailed information: www.dea.gov
Michigan Compiled Laws, Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951):
http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-2018
Michigan State Police Legal Update:
For current Michigan legal updates: www.michigan.gov/msp-legal
5/6/22