Federal & State Requlatory Policies

The University conforms to all requirements under state law, Section 504 of the Rehabilitation Act of 1973, and Title III-Public Accommodations Owned by Private Entities of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendments Act (ADAAA) of 2008.  No individual shall be discriminated against on the basis of disabilities in the full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations.  Persons wishing to make suggestions or inquiries are to be directed to the Director of the Disability Resource Center.  The Director oversees disability access and academic accommodations for students. 

The Director, in collaboration with the Assistant Vice President of Enrollment and Student Services, is responsible for investigating and handling student complaints of discrimination and overseeing compliance with various laws and policies, in cooperation with Samuel Merritt University’s Office of Human Resources.  If there is an unresolved disagreement over the appropriateness of a particular academic accommodation or complaints of discrimination, the Vice President of Enrollment & Student Services makes a final determination in the matter following grievance procedures outlined in the Academic, Personal, and Professional Integrity section.


The University maintains a list of the cognitive, affective, and psychomotor skills deemed essential to the completion of each entry-level professional program and to perform as a competent generalist practitioner.  These guidelines are available from the Disability Resource Center (510-879-9233) and on the Samuel Merritt University website www.samuelmerritt.edu under Disability Resource Center.  It is the responsibility of the student to request any accommodation for essential functions.

Statement on the Preparation of Disclosure of Crime Statistics

The Safety and Security Specialist and the Assistant Vice President of Enrollment and Student Services and the Facilities Manager prepares this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act.  The full text of the report and the annual statistics can be found on the University website at http://www.samuelmerritt.edu/campus-safety-security.  The report is prepared in coordination with contracted security teams at each campus (if applicable), key faculty and staff, and the Offices of Facilities and Student Services.

 

Campus crime, arrest and referral statistics include those reported to the Facilities Manager and Assistant Vice President of Enrollment and Student Services, designated campus officials, security teams, and outside law enforcement agencies.  These statistics may also include crimes that have occurred in nearby private residences and businesses and is not required by law.

The University will only remove reports of crimes that have been “unfounded” by law enforcement and will disclose the number in the crime statistics.

Each year, on or before October 1, an email notification is made to all enrolled students and current faculty and staff regarding the updated report and how to access the information.  A direct link to the report is included in the email and on the website.  Notification to prospective students and prospective employees is made on the respective Admission and Employment webpages.  

 Requests for the report in alternative formats may be made to the Safety and Security Specialist by email (tflanary@samuelmerritt.edu) or by phone at 510-879-7558 x7558.

 

Statement on the Reporting of Criminal Offenses and Encouraging Prompt and Accurate Crime Reporting

Community members, students, faculty, staff and guests have a duty to report all crimes and public safety related incidents in a timely manner (unless they are a mental health professional serving in that capacity) to 1) the security team noted below and to 2) the Safety and Security Specialist.  Information on student behavioral violations are reported to the Assistant Vice President of Enrollment and Student Services per University policy for follow up.  The University does not have a campus police department and thus we encourage contacting both the University (via the individuals below) and the appropriate security team.

For crimes in progress or emergencies, contact the security team at your campus or call 911.

Campus

Security Number

Oakland

510-763-4001

Sacramento

916-275-1990

San Francisco Peninsula

None on Site; call 911

Fresno559-243-1217

In addition, you should report a crime to the following:

Safety and Security Specialist

510 879-9200 x7558; 

400 Hawthorne Ave

Chair of the Crisis Response Team

510 879-9294; 

450 30th Street

If you are a victim of sexual violence, your first priority should be to get to a place of safety.  You should then obtain necessary medical treatment, and work with authorities to preserve as much evidence as possible.  The University strongly advocates that a victim of sexual assault/violence report the incident in a timely manner to the Title IX Coordinator, the Executive Director of Human Resources or the Deputy Coordinator, the Assistant Vice President of Enrollment and Student Services.

The report to a University official does not obligate the victim to prosecute nor will it subject the victim to scrutiny or judgmental opinions from employees and officers; but it ensures the victim can receive services offered by the University.  The Title IX Coordinator(s) and others will assist the student in notifying these authorities if the student requests.

The University will take immediate steps to protect complainants even before a final outcome in the investigations, including, but not limited to, prohibiting the accused from having contact with the complainant, campus escorts, academic support services, counseling, additional counseling visits, course withdrawal without penalty, or other remedies as may be appropriate. The University will provide written guidance on how to access the available options.

The University will provide written notification to students and employees about existing resources and support, both on- and off-campus, including counseling services through the Student Health and Counseling (SHAC) center and through a contracted arrangement with Sutter EAP.  Counseling and support services outside the University system are available through Bay Area Crisis Centers.

University disciplinary proceedings, as well as special guidelines for handling cases of Equal Opportunity, Harassment, and Nondiscrimination, which includes acts of sexual assault, sexual and gender violence, and sexual misconduct are detailed in the Catalog and Student Handbook (and listed below).

 

Statement on Confidential Reporting

If you are the victim of a crime and do not wish to pursue action with the University’s conduct process or the criminal justice system, we strongly encourage you to make a confidential report.  With your permission, the people noted above can file a report on the details of the incident without revealing your identity.  The purpose of a confidential report is to comply with your wish to keep the matter confidential while taking steps to insure the institution’s compliance with this Federal law and insure the future safety of yourself and others.  With such information, the University can maintain accurate records of the number of incidents involving students and alert the campus community to potential danger.  Reports filed in this manner are counted and disclosed in the annual crime statistics for the University.

In cases indicating pattern, predation, weapons, threat and/or violence, the University will be unable to honor a request for confidentiality.  In cases where the reporting party requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the reporting party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to investigators, witnesses, the University President, select senior administrators and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy.  [Additionally anonymous reports can be made by victims and/or third parties. Note that these anonymous reports may prompt a need for the institution to investigate.

Statement on Campus Access

The University shares facilities with various medical centers and businesses, and some overlap of access by the public and medical center staff will happen.  In these areas, the public can use the space as a part of visiting the medical center or business, and the respective security team will take responsibility for security and access.

In other areas, access to the University facilities is limited to current faculty, staff and students, approved contractors, medical center facilities staff, medical center security staff, and other approved guests, and is maintained through swipe card access via campus identification badges.  Faculty, staff and students must wear their University ID (and campus identification badges if separate) while on campus and have it visible, above the waist, at all times.  

During business hours, faculty, staff and students have access to appropriate University facilities via their swipe card.  During holidays, after business hours and weekends, access is limited or not permitted.  Facilities staff will provide updates prior to holidays on what access is available.  The University is closed the week between Christmas and New Year’s Eve and special permission is required to be on campus during that time. Please note that emergencies or extenuating circumstances may necessitate changes to any posted schedules.

The University does not have on campus residence halls.

The Facilities department is responsible for the upkeep of all University facilities and grounds, including security cameras, access systems, and safety equipment.

 

Statement Addressing Mental Health Counselors and Confidential Crime Reporting

Please note that persons employed by the University or contracted by the University to serve as professional counselors, when acting as such, are not considered to be a campus security authority and are not required to report crimes for inclusion into the annual disclosure of crime statistics.  They are encouraged, if and when they deem appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics.

 

Statement on Campus Law Enforcement

Samuel Merritt University does not have its own police force, public safety, or security team and it utilizes services with the security team or building management from whom it rents or leases space at each of its campuses.  

The security teams have the authority to ask persons for identification and determine whether individuals have lawful business with Samuel Merritt University.  This security teams also have the ability to collect reports of incidents.  They do not have arrest power.  Criminal incidents are referred to the local police who have jurisdiction at the campus.  All crime victims and witnesses are strongly encouraged to immediately report the crime to the security team at that campus as well as one of the University officials listed above, including when the victim elects to, or is unable to, report.  Prompt reporting will assure timely warning notices and disclosure of statistics.


Police are involved in addressing all criminal activity that occurs on campus. This is stated in multiple policy documents, and a police report number is required on all criminal event incident reports.  

In compliance with the statutory requirements that require institutions to adopt and implement written policies and procedures to ensure that reports of violent crimes, hate crimes, or sexual assaults are immediately, or as soon as practically possible, disclosed to local law enforcement (established by AB 1433 (Gatto, 2014), specified in the California Education Code (Ed. Code, § 67383, subd. (a) and Ed. Code, § 67381)) and responded to in sensitive and culturally appropriate manner, the University has initiated MOU’s with the police departments in San Mateo, Sacramento, and Oakland. Those police departments have not yet signed the MOUs.

 

Statement on Safety Awareness and Education Programs for Students and Employees 

The University will provide annually safety educational programming to promote the awareness of safety, crime prevention, sexual misconduct and violence, which may include rape, acquaintance rape and other forcible and non-forcible sex offences, domestic violence, dating violence, sexual assault. 

The following are descriptions of awareness programs provided to students and employees on an annual basis:

  • Student Orientation: tips on personal safety, crime prevention, reporting emergencies, Title IX, or awareness of the University alert system;

  • Community Learning Series: programs in the community learning series include education and information on dating/relationship/domestic violence, gender violence, bystander training (helping skills for effective intervention), sexual assault, consent, risk reduction, key health issues or healthy living. In addition, resources are distributed on how to report.

  • Title IX and Safety Training: The university provides online training on Clery, Title IX, and Sexual Harassment as part of its online compliance training. This training is required of all students and all employees annual training.

  • Clery Campus Security Authority (CSA) Training: CSA’s have an additional online training module that they complete annually as well.

  • Safety Tips: The Facilities department regularly shares safety tips with the University community.

In addition, such educational programs may also be done at the request of students, by security in an ad hoc program, or because of a campus concern.

Statement Regarding Criminal Activity Non Campus

The University does not have any officially recognized student organizations with any non-campus locations, but it does lease three (3) apartments for visiting students attending clinical learning at significant distances from the University. The University does not monitor off-campus or non-campus activities of students, faculty and staff. It may respond to the behavior of employees and students in an off-campus or non-campus location if it is made aware of such behavior and that behavior violates University policy or is a safety concern.

 

Statement Addressing Alcoholic Beverages and Drugs

The possession, sale, or the furnishing of alcohol on the University campus is governed by California state law.  Samuel Merritt University has been designated as “drug and alcohol free” and only under certain circumstances is the consumption of alcohol permitted.  The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws.  Violators are subject to University disciplinary action, criminal prosecution, fine and imprisonment.  It is unlawful to sell, furnish or provide alcohol to a person under the age of 21.  The possession of alcohol by anyone under the age of 21 in a public place or place open to the public is illegal.  It is also a violation of Samuel Merritt University policy for anyone to consume or possess alcohol in any public or private area of campus without prior University approval.

 

Statement Addressing Substance Abuse Education

The University offers substance abuse programs including informational materials, counseling services (through Student Health and Counseling for students and Sutter Employee Assistance Program (EAP) for employees), referrals to diversion programs or long-term treatment, and University disciplinary actions.

 

Statement Addressing Disclosures to Alleged Victims of Crimes of Violence or Non-forcible Sex Offenses

Samuel Merritt University will simultaneously disclose to the alleged victim of a crime of violence, sexual misconduct/harassment or a non-forcible sex offense, the results of any disciplinary hearing conducted by the University against the member of the University community who is the alleged perpetrator of the crime or offense.  If the alleged victim is deceased as a result of the crime or offense, Samuel Merritt University will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

 

Statement on Campus Sex Offenses 

Students, faculty, and staff are required to report sex offenses to the Facilities Manager and the Assistant Vice President for Enrollment and Student Services.  As required by the Higher Education Amendments of 1992, the University provides an annual report of campus crime statistics, including all sex offenses.  See Campus Security Act of 1990 in the Federal and State Regulatory Policies section.

 

Statement on Sexual Offender Registration

In accordance with the Campus Sex Crimes Prevention Act of 2000, The Jeanne Clery Act and FERPA, Samuel Merritt University is providing a link to the California State Sex Offender Registry.   The University is required to inform the campus community that a list of all registered sex offenders is available from the State of California Office of Attorney General at http://www.meganslaw.ca.gov/

 

Bystander Intervention and Risk Reduction

Bystander intervention promotes the idea of bystanders (observers, onlookers) intervening safely and effectively to stop a perilous situation, such as a potential sexual violence. An active bystander is an individual who stands up against offensive language and behaviors that may perpetuate sexual violence, and intervene on the behalf of the victim to eliminate the danger and/or provide needed support. 

In our continuous endeavor to foster a safe community for students’ success, Samuel Merritt University encourages all community members to become active, empowered bystanders who can safely intervene if they witness a situation, or a potential situation in which a friend or stranger may experience inappropriate, harmful, and hurtful acts. 

Active bystander tips: 

  • Promise yourself that you will speak up and/or take action. 


  • Attend a bystander intervention training program.

  • Develop strategies to safely and effectively intervene as a bystander when you observe or suspect sexual assault, dating violence, domestic violence, or stalking happening around you. 


  • Ensure your friends leave the party with the same people they came with. 


  • Ask a friend or acquaintance if they need to be walked home from a party. 


  • Express concern if your friend has unexplained bruises that may be signs of abuse in their relationship.

  • Listen, believe, and support someone who discloses a sexual assault, dating violence, domestic violence or experience with stalking or cyber-stalking. 


  • Learn and share information about the sexual assault community and campus resources and information with your friends 


  • Report the incident with or without names. 


  • Find allies (others who agree with you) and ask for their support.

  • If the situation is beyond your control call 911.

  • Express discomfort/concern if someone makes sexist comments, homophobic jokes, or catcalls. 

  • Confront a friend who is planning to hook up with someone who is passed out

Risk Reduction

With no intent to victim blame and recognizing that only rapists are responsible for rape, the following are some strategies to reduce one’s risk of sexual assault or harassment (taken from Rape, Abuse, & Incest National Network, www.rainn.org) 

  1. Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation. 


  2. Try to avoid isolated areas. It is more difficult to get help if no one is around. 


  3. Walk with purpose. Even if you don’t know where you are going, act like you do. 


  4. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. 


  5. Try not to load yourself down with packages or bags as this can make you appear more vulnerable. 


  6. Make sure your cell phone is with you and charged and that you have cab money. 


  7. Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know. 


  8. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone. 


  9. When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find out a way out of a bad situation. 


  10. Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). 

  11. Don’t leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one. 

  12. Don’t accept drinks from people you don’t know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from punch bowls or other large, common open containers. 

  13. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they’ve had, or is acting out of character, get him or her to a safe place immediately. 

  14. If you suspect you or a friend has been drugged, contact a law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others). 


  15. If you need to get out of an uncomfortable or scary situation here are some things that you can try: 


    1. Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable that is to blame.

    2. Be true to yourself. Don’t feel obligated to do anything you don’t want to do. “I don’t want to” is always a good enough reason. Do what feels right to you and what you are comfortable with. 

    3. Have a code word with your friends or family so that if you don’t feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.

    4. Lie. If you don’t want to hurt the person’s feelings, it is better to lie and make up a reason for you to leave than to stay and be uncomfortable, scared, or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else you need to be, etc. 

    5. Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby? 

    6. If you and/or the other person has been drinking, you can say that you would rather wait until both of you have your full judgment before doing anything you may regret later. 

Wellness programming from the Student Health and Counseling (SHAC) center incorporates Active Bystander education. Additional resources at available at the SHAC or in the Office of Student Services.



 

The Drug Free Schools and Communities Act Amendment of 1989 requires all colleges and universities to distribute information about alcohol and substance abuse to their students.  

Any Samuel Merritt University student who violates University alcohol and substance abuse policies is subject to disciplinary action up to and including suspension or expulsion from the University.  Nursing students convicted of the possession or sale of illegal drugs may be denied licensure by the Board of Registered Nursing and physical therapy students by the Board of Medical Quality Assurance.  The California Board of Registered Nursing defines use of illegal substances as “. . . unfitness to perform nursing functions in a manner consistent with the public health, safety, or welfare” (California Administrative Code, Section 1444).  Physical therapy licenses may be suspended or revoked for “habitual intemperance” and “addiction to the excessive use of any habit-forming drug”  (Board of Medical Quality Assurance).  Occupational therapists are registered at the national level by the National Board for Certification in Occupational Therapy and licensed within the state of California.  Occupational therapy students who are convicted of the possession or sale of illegal drugs may be denied the opportunity to sit for the national certification examination, which means they would not become registered occupational therapists.  Occupational therapy licenses may be denied, suspended or revoked for these offenses.

If you have personal concerns about the abuse of tobacco, alcohol, and drugs, we encourage you to make a confidential appointment to see our counselor (510) 879-9288.  There is no charge for these services.  The Assistant Vice President of Student Affairs (510) 879-9252 is available to talk confidentially with any student about concerns and make referrals as appropriate.  Under the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 and Drug Abuse Office and Treatment Act of 1979, patient confidentiality is protected.

 

Policy Addressing Substance Abuse Education

The University offers a limited number of substance abuse programs including informational materials, counseling services (through Counseling and Wellness Services for students and Sutter Employee Assistance Program (EAP) for employees), referrals to diversion programs or long-term treatment, and university disciplinary actions.

 

Resources and Referrals On Campus 

Counseling and support groups:

  • Samuel Merritt University Counseling Services (510) 879-9266
  • Assistant Vice President for Student Affairs (510) 879-9252

 

Resources and Referrals In the Community

Twelve-Step Programs: 

  • Alcoholics Anonymous (510) 839-8900
  • Cocaine Anonymous, Marijuana Anonymous, Narcotics Anonymous, Al-Anon (for friends and family members) – (510) 276-2270 
  • Alameda County Alcohol and Drug Abuse Services (510) 268-2525
  • Alcoholism and Drug Abuse Council of Contra Costa County (510) 932-8100
  • National Council on Alcoholism (415) 296-9900

 

DRUG FREE WORKPLACE POLICY 

In compliance with federal regulations, Samuel Merritt University reaffirms its policy that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited on the University campus and its learning environments, including clinical agencies and in any of its activities.  An employee or student found to be engaged in any of the foregoing activities may be required to participate in a drug-abuse assistance or rehabilitation program and is subject to disciplinary action, up to and including notification of any appropriate licensing agency and employee termination or student dismissal.

Drug abuse has no place in the learning environment or in client-care settings.  Drug counseling, rehabilitation, and assistance are available to employees and students through Alta Bates Summit Medical Center’s MPI behavioral services.  The University encourages students and employees to seek counseling privately or through MPI.  Except as required by the regulation, strictest confidence will be observed.

 

FEDERAL, STATE AND LOCAL SANCTIONS ABOUT ALCOHOL AND OTHER DRUGS 

The following information about alcohol and other drugs, sanctions, and their effects is provided by the United States Department of Education and the Western Center for Drug-Free Schools and Communities/Northwest Regional Educational Laboratory.

TOBACCO

Every person, firm, or corporation which knowingly sells or gives or in any way furnishes to another person who is under the age of 18 years any tobacco, cigarettes, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingesting of tobacco, products prepared from tobacco, or any controlled substance, is guilty of a misdemeanor.  (Penal Code 308)

ALCOHOL

Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 is guilty of a misdemeanor.  (Business and Professional Code 25658[a])

Any person under the age of 21 who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverages in any on-sale premises, is guilty of a misdemeanor.  (Business and Professional Code 25658 [b])

Any person under the age of 21 years who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.  This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his parent or in pursuance of his employment.  (Business and Professional Code 25662)

It is unlawful for a person under the age of 18 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.  (California Vehicle Code 23140[a])  

It is unlawful for any person, while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to drive a vehicle and, when so driving, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes death or bodily injury to any person other than the driver.  (California Vehicle Code 28258[a])

It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and, when so driving, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes death or bodily injury to any person other than the driver.  (California Vehicle Code 25158[b])

No person shall drink any alcoholic beverage while driving a vehicle upon any highway.  Every person who possesses, while driving a motor vehicle upon a highway, not more than one avoirdupois ounce of marijuana other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100).  (California Vehicle Code 23220 and 23222[b])

It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle, when the vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the content of which have been partially removed, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk.  A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.  (California Vehicle Code 23225)

No person under the age of 21 shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent or legal guardian or is employed by a licensee under the Alcoholic Beverage Control Act, and is driving the motor vehicle during regular hours and in the course of the person’s employment.  (California Vehicle Code 232246)

No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent or legal guardian or is employed by a licensee under the Alcoholic Beverage Control Act, and the possession or control is during regular hours and in the course of the passenger’s employment.  (California Vehicle Code 23224[b])

If the vehicle used in any violation of the two preceding subdivisions is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.  (California Vehicle Code 23224[c])

The driver’s license of any person under 21 years of age convicted of a violation of this sanction shall also be suspended for not less than 15 days nor more than 30 days.  (California Vehicle Code 23224[d])

LIABILITY

A cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed or required to be licensed, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.  (Business and Professional Code 25602.1)

FALSE INDENTIFICATION

Any person under the age of 21 years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity which is false, fraudulent or not actually his own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred dollars ($200), no part of which shall be suspended.  (Business and Professional Code 25661)

Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the majority and identity of such person or who sells, gives, or furnishes to any person under the age of 21 years evidence of majority and identification of any other person is guilty of a misdemeanor.  (Business and Professional Code 25660.5)

Alcohol and Drug Education for Offenders

Any person found to have committed a violation of driving under the influence shall be required to participate in the alcohol education program.  The court shall require the minor to participate in an alcohol education program or a community service program which provides an alcohol education component unless the court finds that the minor, or the minor’s parent or parents, is unable to pay required fees for the program, there is no appropriate program located in the county, or other specific circumstances justify failure to impose this requirement.  (California Vehicle Code 23141)

If the court finds it just and reasonable, the court may order the parent or parents of a minor who is ordered to participate in an alcohol education program or a community service program which provides an alcohol education component pursuant to this article, to pay the required fees for the program.  (California Vehicle Code 23143)

MARIJUANA

Possession

Every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.  (Health and Safety Code 11357[a])

Every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100).  (Health and Safety Code 11357[a])

Every person who possess more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.  (Health and Safety Code 11357[c])

Every person who possess for sale any marijuana except as otherwise provided by law, shall be punished by imprisonment in the state prison.  (Health and Safety Code 11359)

Transportation

Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three, or four years.  (Health and Safety Code 11360[a])

Every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100).  (Health and Safety Code 11360[b])

PEYOTE

Every person who plants, cultivates, harvests, dries, or plants the genus Lophophora, also known as peyote, or any part thereof shall be punished by imprisonment in the county jail for a period of not more than one year in the state prison.  (Health and Safety Code 11363)

INHALANTS

Sale

Every person who sells, dispenses or distributes toluene, or substance or material containing toluene, to any person who is less than 18 years of age shall be guilty of a misdemeanor, and upon conviction shall be fined a sum of not less than one thousand dollars ($1,000), nor more than two thousand five hundred ($2,500), or by imprisonment for not less than six months nor more than one year.  (Penal Code 380[a])

The provisions of this section (inhalants) shall apply to, but are not limited to, the sale or distribution of glue, cement, dope, paint thinners, paint, and any combination of hydrocarbons either alone or in combination with any substance or material including, but not limited to paint, paint thinners, shellac thinners, and solvents, which when inhaled, ingested or breathed, can cause a person to be under the influence of, or intoxicated from, any such combination of hydrocarbons.

This section (inhalants) shall not apply to any glue or cement which has been certified by the State Department of Health Services as containing a substance which makes such glue or cement malodorous or causes such glue or cement to induce sneezing, nor shall this section apply where the glue or cement is sold, delivered, or given away simultaneously with or as a part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar models used for the assembly or creation of hobby craft items, using such components as beads, tiles, Tiffany glass, ceramics, clay, or other craft-related components.  (Penal Code 380[d])

Inhaling

Any person who possesses toluene or any substance or material containing toluene, including, but not limited to, glue, cement, dope, paint thinner, paint and any combination of hydrocarbons, either alone or in combination with any substance or material including but not limited to paint, paint thinner, shellac thinner and solvents, with the intent to breathe, inhale or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes, or who knowingly and with the intent to do so is under the influence of toluene or any material containing toluene, or any combination of hydrocarbons is guilty of a misdemeanor.  (Penal Code 381[a])

Nitrous Oxide

Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a misdemeanor.  This section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.  (Penal Code 381[b])

NARCOTICS AND DANGEROUS DRUGS

Possession

Every person who possesses any controlled substance, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.  (Health and Safety Code 11350[a])

Every person who possesses for sale any controlled substance shall be punished by imprisonment in the state prison for two, three, or four years.  (Health and Safety Code 11351)

Providing

Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in the state, shall be punished by imprisonment in the state prison for three, four, or five years.  (Health and Safety Code 11352)

Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance, or who offers, arranges, or negotiates to have any such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and who then sells, delivers, furnishes, transports, administers, or gives, offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid substance, or materials in lieu of any such controlled substance shall be punished by imprisonment in the county jail for not more than one year, or in the state prison.  (Health and Safety Code 11355)

Driving

It is unlawful for any person who is addicted to the use of any drug to drive a vehicle.  The section (driving) shall not apply to a person who is participating in a methadone maintenance treatment program.  (California Vehicle Code 23152[c])

DRUG PARAPHERNALIA

It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.  (Health and Safety Code 11364)

It is a misdemeanor for any person to deliver, furnish, or transfer, or to possess with intent to deliver, furnish, or transfer, or to manufacture with intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this division.  (Health and Safety Code 11364.7[a])

Any person 18 years of age or over who violates the foregoing subdivision by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age who is at least three years his or her junior is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one year, fined not more than one thousand dollars ($1,000) or by both.  (Health and Safety Code 11364.7[b])


PRESENCE WHERE DRUGS ARE BEING USED

It is unlawful to visit or to be in any room or place where any controlled substances, or which narcotic drugs, are being unlawfully smoked or used with knowledge that such activity is occurring.  (Health and Safety Code 11365)

DISORDERLY CONDUCT

Every person who commits the following acts is guilty of disorderly conduct, a misdemeanor:

Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.  (Penal Code 647[f])

IMITATIONS

Any person who knowingly manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the county jail or a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine.  (Health and Safety Code 11680)

POSSESSION OF DRUGS WITHOUT A PRESCRIPTION

No person shall have in possession any controlled substance, except that furnished to such person upon the prescription of a physician, dentist, podiatrist, or veterinarian.  (Business and Professional Code 4230)

PROVIDING TO ATHLETES

Any coach, trainer, or other person acting in an official or nonofficial capacity as an adult supervisor for an athletic team consisting of minors under the age of 18 who sells, gives, or otherwise furnishes to any member of that team a diuretic, diet pills, or laxatives with the intent that it be consumed, injected, or administered for any nonmedical purposes such as loss of weight or altering the body in any way related to participation on the team or league, is guilty of a misdemeanor.  (Penal Code 310.2[a])

LOCAL SANCTIONS (OAKLAND)

Two Oakland Code provisions relate to drugs and alcohol.  First, the Oakland Traffic Code provides:

It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to be in or about any vehicle to which he has right of access or control while such vehicle is in or upon any street or any other public place in the City of Oakland, unless the same is under the immediate control or operation of a person not under the influence of intoxicating liquor or narcotic drugs.  (Oakland Traffic Code Section 109)

A first conviction for an infraction of Section 109 results in a fine not exceeding $50.00.  A second conviction within one year results in a fine not exceeding $100.00, and a third or subsequent conviction within one year results in a fine not exceeding $250.00.

Second, the Oakland Municipal Code states:

No person shall drink or have in his possession an open container of any alcoholic beverage:

1) on any public street, sidewalk, or other public way;

2) within fifty (50) feet of any public way while on private property open to public view without the express permission of the owner, or his agent, or the person in lawful possession thereof.  (Oakland Municipal Code Section 3-4.21)

The penalty for violating this section is imprisonment in the county jail for not more than six months, a fine not more than $500.00, or both.

SPECIFIC DRUGS AND THEIR EFFECTS

Tobacco

The smoking of tobacco products is the chief avoidable cause of death in our society.  Smokers are more likely than nonsmokers to contract heart disease - some 170,000 die each year from smoking-related coronary heart disease.  Lung, larynx, esophageal, bladder, pancreatic, and kidney cancers also strike smokers at increased rates.  Some 20 percent of cancer deaths (130,000 per year) are linked to smoking.  Chronic obstructive lung diseases such as emphysema and chronic bronchitis are ten times more likely to occur among smokers than among nonsmokers.

Smoking during pregnancy also poses serious risks.  Spontaneous abortion, preterm birth, low birth weights, and fetal and infant death are all more likely to occur when the pregnant woman/mother is a smoker.

Cigarette smoke contains some 4,000 chemicals, several of which are known carcinogens.  Other toxins and irritants found in smoke can produce eye, nose, and throat irritations.  Carbon monoxide, another component of cigarette smoke, combines with hemoglobin in the blood stream to form carboxyhemoglobin, a substance that interferes with the body’s ability to obtain and use oxygen.

Perhaps the most dangerous substance in tobacco smoke is nicotine.  Although it is implicated in the onset of heart attacks and cancer, its most dangerous role is reinforcing and strengthening the desire to smoke.  Because nicotine is highly addictive, addicts find it very difficult to stop smoking.  Of 1,000 typical smokers, fewer than 20 percent succeed in stopping on the first try.

Although the harmful effects of smoking cannot be questioned, people who quit can make significant strides in repairing damage done by smoking.  For pack-a-day smokers, the risk of heart attack dissipates after ten years.  The likelihood of contracting lung cancer as a result of smoking can also be greatly reduced by quitting.

Alcohol

Alcohol consumption causes a number of marked changes in behavior.  Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident.  Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse.  Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information.  Very high doses cause respiratory depression and death.  If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence.  Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions.  Alcohol withdrawal can be life-threatening.  Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome.  These infants have irreversible physical abnormalities and mental retardation.  In addition, research indicates that children of alcoholic parents are at a greater risk than other youngsters of becoming alcoholics.

Cannabis

All forms of cannabis have negative physical and mental effects.  Several regularly observed physical effects of cannabis are a substantial increase in the heart rate, bloodshot eyes, a dry mouth and throat, and increased appetite.

Use of cannabis may impair or reduce short-term memory and comprehension, alter sense of time, and reduce ability to perform tasks requiring concentration and coordination, such as driving a car.  Research also shows that students do not retain knowledge when they are “high.”  Motivation and cognition may be altered, making the acquisition of new information difficult.  Marijuana can also produce paranoia and psychosis.

Because users often inhale the unfiltered smoke deeply and then hold it in their lungs as long as possible, marijuana is damaging to the lungs and pulmonary system.  Marijuana smoke contains more cancer-causing agents than tobacco smoke.

Cocaine

Cocaine stimulates the nervous system.  Its immediate effects include dilated pupils and elevated blood pressure, heart rate, respiratory rate and body temperature.  Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose.  Injecting cocaine with contaminated equipment can cause AIDS, hepatitis, and other diseases.  Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion.  Cocaine can produce psychological and physical dependency, a feeling that the user cannot function without the drug.  In addition, tolerance develops rapidly.

Crack or freebase rock is extremely addictive, and its effects are felt within ten seconds.  The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia, and seizures.

The use of cocaine can cause death by cardiac arrest or respiratory failure.  

Other Stimulants

Stimulants can cause increased heart and respiratory rates, elevated blood pressure, dilated pupils, and decreased appetite.  In addition, users may experience sweating, headache, blurred vision, dizziness, sleeplessness, and anxiety.  Extremely high doses can cause a rapid or irregular heartbeat, tremors, loss of coordination and even physical collapse.  An amphetamine injection creates a sudden increase in blood pressure than can result in stroke, very high fever, or heart failure.

In addition to the physical effects, users report feeling restless, anxious, and moody.  Higher doses intensify the effects.  Persons who use large amounts of amphetamines over a long period of time can develop an amphetamine psychosis that includes hallucinations, delusions, and paranoia.  These symptoms usually disappear when drug use ceases.

Depressants

The effects of depressants are in many ways similar to the effects of alcohol.  Small amounts can produce calmness and relaxed muscles, but somewhat larger doses can cause slurred speech, staggering gait, and altered perceptions.  Very large doses can cause respiratory depression, coma, and death.  The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks.

The use of depressants can cause both physical and psychological dependence.  Regular use over time may result in a tolerance to the drugs, leading the user to increase the quantity consumed.  When regular users suddenly stop taking large doses, they may develop withdrawal symptoms ranging from restlessness, insomnia, and anxiety to convulsions and death.

Babies born to mothers who abuse depressants during pregnancy may be physically dependent on the drugs and show withdrawal symptoms shortly after they are born.  Birth defects and behavioral problems also may result.

Hallucinogens

Phencyclidine (PCP) interrupts the functions of the neocortex, the section of the brain that controls the intellect and keeps instincts in check.  Because the drug blocks pain receptors, violent PCP episodes may result in self-inflicted injuries.

The effects of PCP vary, but users frequently report a sense of distance and estrangement.  Time and body movement are slowed down.  Muscular coordination worsens and senses are dulled.  Speech is blocked and incoherent.  Chronic users of PCP report persistent memory problems and speech difficulties.  Some of these effects may last six months to a year following prolonged daily use.  Mood disorders - depression, anxiety, and violent behavior - also occur.  In later stages of chronic use, users often exhibit paranoid and violent behavior and experience hallucinations.  Large doses may produce convulsions and coma, as well as heart and lung failure.

Lysergic acid (LSD), mescaline, and psilocybin cause illusions and hallucinations.  The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness, and tremors.

Sensations and feelings may change rapidly.  It is common to have a bad psychological reaction to LSD, mescaline, and psilocybin.  The user may experience panic, confusion, suspicion, anxiety and loss of control.  Delayed effects, or flashbacks, may occur even after use has ceased.

Narcotics

Narcotics initially produce a feeling of euphoria that often is followed by drowsiness, nausea, and vomiting.  Users also may experience constricted pupils, watery eyes, and itching.  An overdose may produce slow and shallow breathing, clammy skin, convulsions, coma, and possible death.

Tolerance to narcotics develops rapidly and dependence is likely.  The use of contaminated syringes may result in disease such as AIDS, endocarditis, and hepatitis.  Addiction in pregnant women can lead to premature, stillborn, or addicted infants who experience severe withdrawal symptoms.

Designer Drugs

Illegal drugs are defined in terms of their chemical formulas.  To circumvent these legal restrictions, underground chemists modify the molecular structure of certain illegal drugs to produce analogs known as designer drugs.  These drugs can be several hundred times stronger than the drugs they are designed to imitate.

Many of the so-called designer drugs are related to amphetamines and have mild stimulant properties but are mostly euphoriants.  They can produce severe neurochemical damage to the brain.

The narcotic analogs can cause symptoms such as those seen in Parkinson’s disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage.  Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness.  Psychological effects include anxiety, depression, and paranoia.  As little as one dose can cause brain damage.  The analogs of phencyclidine cause illusions, hallucinations, and impaired perception.

Anabolic Steroids

Anabolic steroids are a group of powerful compounds closely related to the male sex hormone testosterone.  Developed in the 1930s, steroids are seldom prescribed by physicians today.  Current legitimate medical uses are limited to certain kinds of anemia, severe burns, and some types of breast cancer.

Taken in combination with a program of muscle-building exercise and diet, steroids may contribute to increases in body weight and muscular strength.  Because of these properties, athletes in a variety of sports have used steroids since the 1950s, hoping to enhance performance.  Today, they are being joined by increasing numbers of young people seeking to accelerate their physical development.

Steroid users subject themselves to more than 70 side effects, ranging in severity from liver cancer to acne and including psychological as well as physical reactions.  The liver and the cardiovascular and reproductive systems are most seriously affected by steroid use.  In males, use can cause withered testicles, sterility, and impotence.  In females, irreversible masculine traits can develop along with breast reduction and sterility.  Psychological effects in both sexes include very aggressive behavior known as “roid rage” and depression.  While some side effects appear quickly, others such as heart attacks and strokes, may not show up for years.

Signs of steroid use include quick weight and muscle gains (if steroids are being used in conjunction with a weight-training program); behavior changes, particularly increased aggressiveness and combativeness; jaundice; purple or red spots on the body; swelling of feet or lower legs; trembling; unexplained darkening of the skin; and persistent unpleasant breath odor.  Steroids are produced in tablet or capsule form for oral ingestion, or as a liquid for intramuscular injection.

 

SMU Biennial Alcohol and Drug Report 2020

SMU Biennial Alcohol and Drug Report 2018

What is FERPA?

The Family Educational Rights and Privacy Act of 1974 helps protect the privacy of student education records. The Act provides eligible students the right to inspect and review education records, the right to seek to amend those records and to limit disclosure of information from the records. The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of education records. The Act applies to all institutions that are the recipients of federal aid administered by the Secretary of Education.

What rights does FERPA afford students with respect to their education records?

  • The right to inspect and review their education records within 45 days of the day the University receives a request for access.

Students should submit written requests to the Office of the Registrar and identify the record(s) they wish to inspect. The staff of the office will make arrangements for access and notify the student of the time and place where the records may be inspected. If the requested records are not maintained in the Office of the Registrar, the student will be notified of the correct official to whom the request should be addressed.

  • The right to request an amendment to the student’s education records that the student believes are inaccurate or misleading.

Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the Office of the Registrar or the specific office involved with the record in question (e.g. a department office regarding a grade), clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

 

If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing will be provided to the student when notified of the hearing.

 

  • The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is: a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

 

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities.

  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Ave., SW

Washington DC 20202–5901

Who is protected under FERPA?

FERPA protects the education records of students who are currently enrolled or formerly enrolled regardless of their age or status with regard to parental dependency. The education records of students who have applied to but have not attended an institution are not subject to FERPA guidelines, nor are deceased students.

What are education records?

With certain exceptions (noted below), an education record is any record (1) which contains information that is personally identifiable to a student, and (2) is maintained by the University. With the exception of information about other students, financial records of parents and confidential letters of reference to which the student has waived access, a student has the right of access to his or her education records.

 

Education records include any records in whatever medium (handwritten, print, email, magnetic tape, film, diskette, etc.) that are in the possession of any school official. This includes transcripts or other records obtained from a school in which a student was previously enrolled.

What information is not considered part of an education record?

  • Sole possession records or private notes held by school officials that are not accessible or released to other personnel.

  • Law enforcement or campus security records which are solely for law enforcement purposes and maintained solely by the law enforcement unit.

  • Records relating to individuals who are employed by the institution (unless contingent upon attendance).

  • Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.

  • Records of an institution that contain only information about an individual obtained after that person is no longer a student at that institution, i.e., alumni records.

What is directory information?

Institutions may disclose information about a student without violating FERPA if it has designated that information as “directory information.” At Samuel Merritt University this includes a student’s:

  • Name

  • Field of study

  • Dates of attendance

  • Current enrollment status (full-time/part-time)

  • Receipt or non-receipt of a degree

Who may have access to student information?

  • The student and any outside party who has the student’s written request.

  • School officials (as defined by the University) who have “legitimate educational interests.”

  • A person in response to a lawfully issued subpoena or court order, as long as the University makes a reasonable attempt to notify the student first. 

When is the student’s consent not required to disclose information?

When the disclosure is (one or more of the following):

  • To school officials (defined in policy) who have a legitimate educational interest.

  • To federal, state and local authorities involving an audit or evaluation of compliance with educational programs.

  • In connection with financial aid; this includes Veterans’ benefits.

  • To organizations conducting studies for or on behalf of educational institutions.

  • To accrediting organizations.

  • To comply with a judicial order or subpoena.

  • In a health or safety emergency.

  • Releasing directory information.

  • Releasing the results of a disciplinary hearing to an alleged victim of a crime of violence.

Undergraduate student retention to graduation in the BSN program is as follows:

 

Student Right to Know Act of 1990

Four-, Five-, and Six-Year Rates by Year of Entry

Undergraduate Cohort Graduation Rates

These data are for: Entering cohorts in an academic year

 

 

 

 

 

 

Class Size

Percentage graduating within 

Year of entry

(Cohort)

4 years or less

5 years

6 years

1981-1982

150

71%

76%

78%

1982-1983

99

58%

65%

68%

1983-1984

112

51%

56%

59%

1984-1985

90

67%

76%

76%

1985-1986

89

51%

60%

61%

1986-1987

44

57%

59%

59%

1987-1988

44

68%

75%

75%

1988-1989

71

63%

70%

72%

1989-1990

89

78%

80%

80%

1990-1991

123

87%

87%

87%

1991-1992

126

85%

85%

85%

1992-1993

135

87%

89%

89%

1993-1994

130

89%

90%

90%

1994-1995

133

86%

86%

86%

1995-1996

125

78%

81%

81%

1996-1997

105

85%

88%

90%

1997-1998

95

72%

73%

80%

1998-1999

87

89%

89%

89%

1999-2000

81

84%

84%

85%

2000-2001

80

88%

89%

89%

2001-2002

75

76%

76%

77%

2002-2003

123

80%

80%

80%

2003-2004

126

77%

77%

N/A

2004-2005

179

87%

N/A

N/A