Alcohol and drug abuse's effects on college campuses and sexual assault
This paper looks at the influence of alcohol and drugs on college students and on the policy implication of colleges and institutions of higher learning. The paper identifies laws present in states of the university and in campuses. The paper identifies legal implications for practitioners, and makes suggestions regarding how institutional leaders solve the problem.
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Drugs and Alcohol Effects on College / Campuses
Current Literature On Drugs And Alcohol On College Campuses
Drugs and Alcohol Effects on College Campuses
The number of college students using the drug and alcohol in the United States of America has been on the increase. Binge drinking is the way most students in these colleges take alcohol. College students are a visible group where alcohol and drug abuse have become a common place. Effects of alcohol on college students cause social, legal, and academic problems. Students, on the other hand, engage in risky sex behaviors and other physical activities that might even result to death. Studies indicate that approximately four out of five college students in the United States abuse alcohol. About 1700 college students aged an estimate between 18-24-year die unintentionally because of alcohol and drug abuse. Most of these deaths are a result of motor vehicle accidents or injuries from assault (O'Malley & Johnston, 2002).
Alcohol and drug abuse in colleges is associated with rape. About 97000 students in United States experience rape episodes in colleges. Victims of rape in colleges are mostly associated with alcohol, drug abuse and in other cases date rape. A majority of college students report experiencing blackouts, an induced alcohol memory loss. Excessive drinking in U.S. colleges and Universities are rampant. Preventing alcohol and drug abuse is an important task of college administrators since its negative consequences is destructive (O'Malley & Johnston, 2002). College and Universities administrators need to provide information about their policies on alcohol and drug abuse. This information is often in institution's websites.
Influence of Alcohol and Drugs on Rape
Consumption of alcohol has effects on aggression and sexual behavior of individuals. Sexual aggression includes non-stranger sexual assault referred to as date rape. In this form of rape assault, the victim is likely to know the perpetrator of the deed. This form of rape had serious consequences on campuses for the last decades. College men are more likely to assault their female counterparts as research shows. A research in 1985, by Mary Koss a professor at Kent State University on 3187 nationally conclude that 15.4% women had been victims of rape, and in that 12.1% of had been victims of attempted rape. Another research in the year 1997 approximately on 4446 women show that 1.7% women experienced rape and 1.1% of them experienced attempted rape cases. However, this did not account for variations of semesters (Mohler-Kuo, Dowdall, Koss, & Wechsler, 2004). Further, the research points out that first year students, prior, and white students are more vulnerable to sexual assault.
White women are more likely to experience rape, and intoxication on alcohol and rape. Majority of the victims recognize their assailants. Black women in the United States of America are more likely to report rape cases from strangers, and teenage girls in these states feel that stranger rape is a serious form of rape. Alcohol intoxication and drug abuse impairs judgment and influences behavior. Alcohol and drugs influence personal judgments. These drugs diminish a person's ability to resist sexual advances and promote aggressive behavior. Studies show that a consistent use of alcohol may promote non-sexual and sexual violence. The norms of American college students are to drink heavily and engage in casual sexual activities. Approximately 50% of sexual assaults in America are associated to alcohol use, and 55% of victims and 74% of perpetrators are a representative of college students. In addition, a 9% of offenders and victims approximately are under the age of 21 years.
Montclair State University policies and National Laws
Montclair University has policies and codes of conduct regulating alcohol and drug abuse within the campus. The University like other institutions in the country has its own policies regulating sale, manufacturing, procession, and distribution of drugs and other illegal substances. The college's policy is to ensure a drug free zone where procession, distribution, manufacturing, and sale of unsupervised drugs are illegal. The college shall initiate appropriate actions and measures for offenders of this code. Every student before admission takes an oath not to manufacture, dispense, distribute, be in procession, or use controlled drugs during their period in college. A student benefits from psychological services in a case where one's mental status is not stable. Further, Montclair state continually offers programs, courses, and educational services on alcohol and drug abuse
Policy on Alcohol
The college's policy on alcohol consumption branch out of into two laws. The first principle relates to the laws of the state of New Jersey and the second associate with the social framework that associates with the consumption of alcohol in social events. Students with alcohol related problems might be referred to psychological services within the campus. Further series of programs on alcohol work for the university. Additionally, state and municipal penalties on offences do apply. The dean of students initiates actions as prescribed by Non- Academic student's handbook. In the state alcoholic beverages are forbidden for individuals under the age of 21 years. Sale of alcoholic beverages is restricted to only those individuals with the legal age limit. Majority of students in Montclair University can only consume alcohol in permitted areas and on special times (Marshall, Roberts, Donnelly & Rutledge, 2011).
Alcohol consumption can only take place in the village where all residents are of a legal drinking age. There are laws controlling the consumption of alcohol within Montclair State University. These laws include the following: it is unlawful to indirectly or directly sell alcohol to persons, not of legal age, availing alcohol beverages to persons not of a legal age without a parent's consent is punishable by a fine of $1,000 or a jail term of six months. A person will pay a fine of $500 or their driving privileges withdrawn for a period of 6 months if found in procession of alcoholic beverages in a public area even if the container is found sealed. It is also punishable if a person below the legal age purchases alcoholic beverages in a licensed premise, and violation of this will lead to a mandatory one-year loss of driving privileges and a fine of $100.
There are other laws pertaining to procession of legal drugs. It is unlawful for an individual to posse's illegal substances, unless it is a prescription from a medical doctor. Any person who violates these requirements in relation to the possession of a controlled substance will face prosecution. For example, possession, 50 grams, or more of marijuana and more than 5 grams of hashish are at guilt of the fourth degree crime. Manufacturing, dispensing, and distribution of drugs, and any other controlled substance is illegal within the campus.
Laws of Higher Education
Management of colleges and institutions of higher learning poses many challenges to administrators and institutions heads. These challenges mostly boarders on policy and the increasing legal implications push the situation to a higher level. Implication includes the following: A wealthy alumna may offer scholarships on the condition that only African-American students get admission: a faculty member accused of sexually harassing a student. A student may want his religious organization or, on the other hand, a member of the faculty in the university or college may challenge promotional procedures or other activities (Kaplin & Lee, 2011). Student's policy is also another challenge that affects policy makers and instructors in an institution.
Many legal implications have arisen in campuses in America, this include tort law cases, allocation of mandatory student activity fees, affirmative action's, laws on relationships with students, implications on disagreements within faculty members, academic freedoms and legal issues regarding internet communications. Higher educational law is a version of the universe of law education. These laws are a creation for post secondary and higher education. There divisions are private and public forms of education. It further disintegrates into four parts, which are, private higher education, public higher education, public lower education and private lower education. The private education system is divided into private education provided by religious educational institutions and those provided by secular institutions (Kaplin & Lee, 2011). Therefore, when making a case about higher education the case needs to distinguish whether the law is private or public higher education. Moreover, it should distinct if it boarders a secular institution or a religious one.
Governance of institutes of higher learning stems in two categories (The internal governance and external governance). Study of governance is an important concept for any organization this is because it provides legal and administrative perspective of an institution. It also provides a framework of solving problems within an institution of higher learning, providing judicial options, and solutions to problems in case they occur. These laws have different origins depending on the type of problems within an organization. Internal laws provide rules and; procedures to help institutions deal with internal affairs and problems (Kaplin & Lee, 2011). Internal laws differ with external laws since internal laws are internal while external laws are a product of the state or the federal government. Another difference to these types of laws concerns legal options available in courts.
Implication of Law to practitioners
Considerations concerning internal governance put the responsibility for management on the board of trustees. Those responsible for this type of governance include staff members, officers in institutions, administrators, and students. This relationship represents the primary level while each relationship is dependent on the level of authority. In addition, institutions have legal relationships with the external world. Even though these external relationships are not prominent, its implications have adverse effects on the institutions. There are some forms of rights for the board of directors and other administrators to observe. These laws might include those bordering employment rights a product of the federal government. The federal government has an obligation to enforce external law and to great working relationship within institutions.
The most practical examples of these legal implications that, administrators, educators and attorneys' face are roles and norms. These norms and role guide relationships between all members of a governing team. The law of education originates from the context of the federal system in the U.S.A., which span for decades. Therefore, legal issues occur in state courts and federal courts. Nevertheless, this does not mean that State, federal and administrative agencies do not have a role to play. Legal disputes solutions come through in ordinances, statutes, and judicial options. It is important for one to understand the roles of lawyers, the legal system, and all relevant research tools. The growth in relationship between private industry and research institutions have increased legal implications concerning technological and knowledge transfer (Kaplin & Lee, 2011). Sexual harassment, academic freedoms, politics, and disputes between students and faculty members have led to a change in policy.
There has been an increased focus on students with learning disabilities, alcohol and drug abuse and discrimination within campus. There have been renewed efforts on the affirmative actions, implications on admissions, financial, state legislation, and lawsuits. In the recent times, administrators have to consider contentious issues concerning student's organizations, gay rights, benefits of employees and leadership (Kaplin & Lee, 2011). There are legal implications for administrators to observe in an organization. Administrators need to abide to state laws and other forms of statutes. Federal administrative agency publishes regulations, meetings, and notices. They also publish regulations and administrative code of conduct for educational administrators to observe. There are also state, common law and international and foreign laws which govern international relationships. Practitioners need to limit legal liability by ensuring that not all rights of employees and students are in violation.
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- Mohler-Kuo, M., Dowdall, G. W., Wechsler, H., & Koss, M. P (2004). Correlation of rape while intoxicated a national sample of college women. Journal of Studies on Alcohol and Drugs, 65(1), 37.
- Marshall, B. L., Roberts, K. J., Donnelly, J. W., & Rutledge, I. N. (2011). College Student Perceptions on Campus Alcohol Policies and Consumption Patterns. Journal of Drug Education, 41(4), 345-358.
- Kaplin, W. A., & Lee’s, B. A. (2011). The Law of Higher Education. San Francisco, C.A: John Wiley & Sons
- O'Malley, P. M., & Johnston, L. D. (2002). Epidemiology of alcohol and other drug use among American college students. Journal of Studies on Alcohol and Drugs, (14), 23.
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