Drug Policy

Wilmington University is committed to the creation of a wholesome, drug-free environment conducive to learning. In accordance with the Drug-Free Workplace Act of 1988 (Public Law 100690, 102 Stat. 4181), the University prohibits the manufacture, distribution, dispensation, possession, or use of a controlled substance in its facilities or on its campuses. Any employee charged with a violation of a local, state or federal drug law while on University property or at a University event must follow procedures and requirements outlined in the faculty and staff handbooks.

Any student charged with a violation of a local, state or federal drug law must comply with the provisions set forth under “Allegations of Criminal Conduct.” Convictions may be cause for suspension from the institution or for required completion of a drug rehabilitation program. Wilmington University will impose sanctions on any employee or student entering a first offender’s program or otherwise convicted of violating any local, state or federal drug statute. Convictions are deemed final upon the entry of a guilty plea or the return of a verdict by judge or jury. Sanctions are not stayed by the filing of a judicial appeal. In the event a conviction is overturned Wilmington University will review that opinion to ascertain whether a modification of sanctions is in order. The mere reversal of a conviction does not necessarily mean that sanctions will be modified or lifted.

The use of alcohol is permitted only by persons of legal drinking age and at University activities for which prior approval has been granted by the Vice President of Academic Affairs or the Vice President of Student Affairs & Alumni Relations. The University prohibits the abuse of alcohol on its properties and at University sponsored activities.

While disciplinary guidelines are necessary to protect the welfare of the University community, it is the expectation of the President and Board of Trustees that the University’s disciplinary role will be secondary to prevention, awareness, and, where applicable, treatment. The University intends to assist its students in understanding the health, social, legal, and family-related risks associated with the use of illicit drugs and/or abuse of alcohol. Among these are damage to the brain and other organs, addiction, loss of employment, family dysfunction, incarceration, overdose, and death. The University seeks to provide ongoing education for its students through information provided in related courses and resource materials available throughout the University. Additionally, students, faculty, and staff are encouraged to avail themselves of free and confidential counseling/referral services offered through the Office of Student Affairs. All students are able to complete Alcohol Edu, an online training that educates individuals on the mental and physical effects of alcohol and other drugs, prepares students to engage in bystander intervention, and reinforces healthy decision-making related to alcohol and drugs. The University seeks to implement ongoing educational programs aimed at discouraging substance abuse and encouraging healthy, self-directed, drug-free lifestyles.

In compliance with the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 10 1 -226), the University conducts a biennial review of its drug prevention program to determine its effectiveness, implement any necessary changes and ensure the enforcement of sanctions.

*Legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol include imprisonment, fine, and possible loss of driving privileges. A listing of penalties for specific offenses can be found in the Delaware Code Annotated, Titles 4 and 16, available in the Wilmington University Library. Listed below are the federal drug trafficking penalties. 

Federal Drug Trafficking Penalties


Drug/Schedule Quantity Penalties Quantity Penalties
Cocaine
(Schedule II)
500-4999 gms
mixture

First Offense: Not less than 5 years and not more than 40 years. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual.

Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual.

5 kgs or more
mixture

First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

Second Offense: Not less than 20 years, and more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

2 or more Prior Offenses: Life imprisonment

Cocaine Base
(Schedule II)
5-49 gms mixture 50 gms or more misture
Fentanyl
(Schedule II)
40-399 gms mixture 400 gms or more mixture
Heroin
(Schedule I)
100-999 gms mixture 100 gms or more misture
LSD
(Schedule I)
1-9 gms mixture 1 kg or more mixture
Methamphetamine
(Schedule II)
5-49 pure of 50-499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP
(Schedule II)
10-99 gms pure or 100-999 gms mixture 100 gms or more pure of 1 kg or more mixture
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount

First Offense: Not more than 20 years. If death or serious injury, not less than 20 years, or more than Life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 years. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual.

Flunitrazepam
(Schedule IV)
1 gm or more
Other Schedule III drugs Any amount

First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam
(Schedule IV)
30 to 999 mgs
All other Schedule IV drugs Any amount

First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 years. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam
(Schedule IV)
Less than 30 mgs
All Schedule V drugs Any amount

First Offense: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 2 years. Fine not more than $200,000 if an individual, $500,000 if not an individual.