Pubdate: Tue, 10 Oct 2006
Source: Harvard Crimson (MA Edu)
Copyright: 2006, The Harvard Crimson, Inc.
Contact:  http://www.thecrimson.harvard.edu/
Details: http://www.mapinc.org/media/794
Author: Juliet S. Samuel

DRUG POLICY? WHAT ARE YOU, HIGH?

Last week the University Health Services (UHS) Health  Fair came to 
town, complete with such goodies as free  massages and tiny boxes of 
Sunmaid raisins. Students  left loaded up with pens, pamphlets, and 
tips for  "wellness."

One of the stalls, however, was not organized by UHS  but by the 
Office of Alcohol and Other Drug Services  (AODS). Its leaflets 
contained such informational gems  as, "You still think marijuana 
isn't bad for you? What  are you, high?" The message was clear: Don't 
do drugs,  man.

Less clear are the signals sent by the College. The  treatment of 
drug violations on campus varies from  waving away the issue like so 
much pot smoke to public  prosecutions and suspensions. This erratic 
enforcement  of drug laws makes the College's policy maddeningly 
unclear and unfairly singles out unlucky individuals  for massively 
disproportionate punishment.

Officially, the College handbook states that a "pattern  of behavior" 
will lead to serious consequences;  unofficially, John L. Ellison, 
the assistant dean and  secretary of the Administrative Board, said 
that students will rarely be disciplined solely for minor  drugs 
violations. Yet last January the Harvard  University Police 
Department (HUPD) conducted a  three-week investigation in order to 
catch two students  allegedly smoking and dealing pot in DeWolfe 
(the  charges were dismissed conditional on good behavior in  May), 
and a month later HUPD bypassed College  disciplinary procedure to 
prosecute two Quincy students  for possession of LSD.

One reason for this discrepancy is that the three  bodies governing 
drug policy at the College seem to  have remarkably little 
coordination. Even when directly  asked what their priority is, they 
can't give a  consistent answer. The AODS claims to prioritize 
"health and safety," the Administrative Board  "education," and HUPD 
"to hold students accountable for  their behavior." No wonder the 
College's actions seem  somewhat inconsistentaE"it's suffering from 
multiple-personality disorder.

Ostensibly it might seem like a good idea to give  different bodies 
different areas of jurisdiction, but  that's not how the system (if 
one can call it that)  works. Instead, the result is an unpredictable 
hodgepodge of punishments, with luck as the determining  factor. If 
you're unfortunate enough to come across  HUPD in the wake of some 
bad publicity, expect a  lengthy court process before the case's 
possible dismissal. But if you're caught by a relaxed tutor,  expect 
a reprimand from the Ad Board, some drug  counseling, and a slap on the wrist.

Of course, most of the time the College is admirably  lenient in 
response to drugs violations. But leniency  "most of the time" is not 
good enough for those few  students who, in the words of Ryan M. 
Travia, director  of Alcohol and Other Drug Services, happen to be 
caught  "in the wrong place at the wrong time." Flexibility is  good, 
but this ad hoc decision making fails to  guarantee students even 
vaguely similar treatment for  similar crimes.

Of course, hard-liners would say that the problem is  leniency, not 
inconsistency: Harvard must pursue full  legal punishment for drug 
offences because "it's the  law!" But why should the College put 
itself front line  in the Government's disastrous "war on drugs?" The 
concept of zero tolerance is both unfair and  ineffective: It does 
little to dissuade drug use, and  potentially carries hugely 
disproportionate  penaltiesaE"prison and a permanent criminal 
recordaE"for personal drug use. After all, the campus'  few potheads 
and even fewer hard drug users rarely  cause great harm to themselves 
and even more rarely to  others. Furthermore, Harvard does not need 
to turn to  state and federal punishments because it has its 
own  serious disciplinary options.

So, if the College accepts that zero tolerance is  wrong, the only 
fair, safe, and sensible approach would  be for all three bodies to 
more formally endorse the  College's general policy of leniency. This 
need not  mean a public declaration of intent to disregard  federal 
lawsaE"that would clearly be stupidaE"but  rather internal 
communication that ensures consistency.  As counselors like to tell 
us, "A problem shared is a  problem halved" (or in this case, 
trisected): The  College needs to arrange a good, long talk between 
its  three drugs-related bodies. It should be possible,  after all, 
to apply more consistently the sensible  attitudes displayed by 
individuals in these bodies.

Overall, College officials seem to agree on drug  policy, which is 
why we don't often hear about  incidents such as the DeWolfe and 
Quincy arrests last  year. In both of these cases, however, HUPD 
proved itself to be the loose cannon, needlessly pursuing  legal 
action even when it benefited no one. HUPD's  rules stipulate that 
such decisions are left up to the  officers' discretionaE"or, in 
other words, to the student's luckaE"but the College can create 
guidelines  to limit that discretion. After all, there is no 
reason  that HUPD's regular communication with the College  shouldn't 
include a firm discussion on how to make  drugs policy consistent 
across the board.

Of course this issue only affects the relatively small  number of 
illegal drug-users at Harvard (discounting  underage alcohol use). 
But for those few students, it  can mean the difference between a 
stressful week,  forced withdrawal for a year, and a life-ruining 
drugs  conviction. The College needs to realize that "Drugs  are bad, 
man" is not enough, and that only a consistent  enforcement policy 
can be a fair one.

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Juliet S. Samuel '09, a Crimson editorial editor, is a  social 
studies concentrator in Eliot House.
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MAP posted-by: Beth Wehrman