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Part 4. Personnel Policies

Section VII. Miscellaneous

E. Statement on Alcohol and Drugs (Updated 5/02)

The purpose of this policy, and the programs listed, is to work toward the prevention of substance abuse in the University community. Goals are (1) to present factual and accurate information regarding dangers and hazards of drug and alcohol use, misuse, and abuse, (2) offer recommendations for alternative behaviors and (3) provide leadership in the dissemination of information. Through efforts in this area, the University wishes to encourage the creation of an educational environment for its students conducive to making conscientious and healthy decisions when they are faced with the difficult choices associated with the use of legal and illegal drugs and alcohol and to provide a better working environment for the faculty and staff. Education efforts will be directed to all members of the University community, students, faculty and staff. It is the intention of the University to make drug and alcohol awareness and education an important part of the social and academic aspects of campus life.

The University cannot be responsible for the personal lives and decisions of students, faculty and staff; however, if the use or abuse of drugs and/or alcohol threatens to cause disorder or danger to the members of the University community, others, or campus property, appropriate action will be taken. Enforcement and discipline shall be consistent and due process appropriate for the offense shall be applied in accordance with established University policies and procedures.

Faculty and Staff

Members of the faculty and staff are required to obey the state laws and policies of the State Board of Education regarding the use of drugs and alcohol on campus. Violations of these policies shall result in appropriate disciplinary action in accordance with current personnel policies and procedures. Illegal drugs are not permitted on campus, and alcohol may be consumed only where authorized by State Board of Education Rule. Individuals working under grants and contracts with other state and federal agencies must meet the drug and alcohol standards required by those agencies.

When the University identifies substandard work or unacceptable job performance which may be attributed to substance abuse, it may require evaluation and subsequent treatment. It is the responsibility of the employee to cooperate in his or her treatment. Discipline up to and including dismissal may occur if there is no noticeable improvement in job performance or if the individual continues to violate drug or alcohol policies of the University. Allowance will be made for time off for recovery and for medical and counseling services in accordance with sick leave policies. Strict confidentiality of related records will be maintained in all matters related to referral and treatment.

The University encourages faculty and staff members who have substance abuse problems to seek help through the Employee Assistance Program (EAP). EAP is a confidential short-term counseling service provided by the State of Idaho and offered as part of the ISU benefits package. This counseling service is for a variety of issues including substance abuse and personal or familial problems. For more information contact the Office of Human Resources.

Educational workshops, seminars, films and brochures will be made available to faculty and staff members through the sponsorship of such groups as COPE (Council of Professional Employees), CEC (Classified Employees Counsel), CHEC (Campus Health Education Committee), and the Idaho State University Wellness Center.

Reporting Responsibility

In accordance with the Drug Free Workplace Act (Executive Order No. 12564), and as a condition of employment, employees will:

1. Abide by the terms of this policy.

2. Notify the employer in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five calendar days after such conviction.

Students

In addition to the academic development of students, the University recognizes the importance of the health and safety of its students. To further enhance and improve opportunities for students in these areas, the University has developed the following policy and programs specifically related to substance abuse.

The University regards students as adults and expects them to take responsibility for their own actions. Many students are in an awkward position in that they are legal adults and have all of the rights and responsibilities thereof except as it pertains to the use of alcohol. The University is obligated to comply with state and federal laws and to enforce rules and regulations adopted by the State Board of Education.

1. Rules and regulations regarding drugs and alcohol are enumerated in the Student Code of Conduct and the section pertaining to drugs and alcohol is as follows:

a. Possession and consumption of alcohol may be permitted by students of legal drinking age in private residence hall rooms or in on-campus apartment housing only.

(1) Illegal possession or consumption of alcoholic beverages is prohibited in University-owned, leased or operated facilities and on-campus grounds.

(2) Alcoholic beverages may not be possessed or consumed under any circumstances in areas open to and most commonly used by the general public. These areas include, but are not limited to, lounges, student union buildings, recreation rooms, conference rooms, athletic facilities, and other public areas of college or University-owned buildings or grounds.

(3) Sale of alcoholic beverages is prohibited in college or University-owned buildings or grounds.

b. The illegal manufacture or attempted manufacture of, the possession, use of or distribution of any illegal drugs, as defined by the laws of the State of Idaho, including, but not limited to, lysergic acid diethylamide (LSD), marijuana, amphetamines, and or distribution of, narcotics on University-owned or controlled property is prohibited.

Students who violate the Student Code of Conduct are subject to disciplinary action either through the Resident Hall or University Judicial systems. Students may also be subject to arrest and prosecution in cases where state laws have been violated. Sanctions up to and including expulsion may be imposed for drug or alcohol violations. A conviction for violation of state or federal drug laws may jeopardize federal financial aid.

The University will attempt to help students who have a problem and wish to receive assistance in dealing with that problem. The University will not, however, condone illegal activity and continued violation of drug or alcohol policies may result in expulsion.

The University Counseling and Testing Services, Student Health Center, Student Affairs Office, and the Idaho State University Psychology Clinic shall serve as the departments for referral for treatment of substance abuse problems. Upon referral or voluntary contact, each situation will be evaluated and treatment provided or referral will be made to the appropriate agency.

2. Intervention

Students with substance abuse problems usually come to the attention of the University through exhibiting behavior which is not socially acceptable. These people may be referred to any of the designated departments or be dealt with through the judicial process. Public Safety officers and Student Affairs staff people are trained to identify behavior which is likely to be associated with drug use or abuse. If drugs or alcohol are involved, evaluation and treatment may be required in addition to other appropriate disciplinary action. If evaluation indicates a drug or alcohol problem, treatment may be required in order for the individual to remain in University residence or as a condition of continued attendance at the University.

3. Evaluation and Treatment

Referrals to the University Counseling and Testing Services, Student Health Center, Student Affairs Office, or the Idaho State University Psychology Clinic may be made in any of the three following ways:

a. Self Referrals — This is the preferred method. Students may call and make an appointment to meet with a counselor or physician.

b. Voluntary Referrals — This type of referral involves a person identifying a problem in another and assisting that individual in making an appointment with a counselor, physician, or referral agency.

c. Mandatory Referrals — In cases where individuals have demonstrated continued inappropriate behavior due to drugs or alcohol, mandatory evaluation and treatment may be required as a condition of continuing to live in a residence hall or remaining enrolled in the University.

The University is here to provide educational service and to this end shall make all reasonable efforts to assist students who seek help. Confidentiality is assured to anyone who requests help and no disciplinary action will be taken as a result of a student’s request for help.

4. Programs for Education and Prevention

The Campus Health Education Committee (CHEC) will coordinate campus wide efforts to provide educational programs and services to assist students in learning about substance abuse and other health related problems. In addition, various groups and living units will provide educational programs to students with the goal of presenting factual and accurate information to students regarding drug and alcohol use, misuse, and abuse. Recommended guidelines regarding responsible alcohol consumption at off-campus locations will be provided to campus organizations. Advertising of events, of which the main purpose is alcohol consumption, shall not be permitted on campus.

Idaho State Law(s) Pertaining to Controlled Substances

I.C. § 37-2732 (a) Manufacture and Distribution

Except as authorized by this chapter, it is unlawful for any person to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.

Any person who violates this subsection with respect to:

A controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II, except as provided for in section 37-2732B(a)(3), [Idaho Code,] is guilty of a felony and upon conviction may be imprisoned for a term of years not to exceed life imprisonment, or fined not more than twenty-five thousand dollars ($25,000), or both;

Any other controlled substance which is a nonnarcotic drug classified in schedule I, or a controlled substance classified in schedule III, is guilty of a felony and upon conviction may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both;

A substance classified in schedule IV, is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, fined not more than ten thousand dollars ($10,000), or both;

A substance classified in schedules V and VI, is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or both.

I.C. § 37-2732 (c) Possession

It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as other wise authorized by this chapter.

Any person who violates this subsection and has in his possession a controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II, is guilty of a felony and upon conviction may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.

Any person who violates this subsection and has in his possession lysergic acid diethylamide is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000) or both.

Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I expect lysergic acid diethylamide, or a controlled substance classified in schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction thereof may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both.

It shall be unlawful for any person to be present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away. A violation of this section shall deem those persons guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) and not more than ninety (90) days in the county jail, or both.

If any person is found to possess marijuana, which for the purposes of this subsection shall be restricted to all parts of the plants of the genus Cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinal, in an amount greater than three (3) ounces net weight, it shall be a felony and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.

I.C. § 37-2737 Distribution to Minors

Any person over the age of eighteen (18) who violates the law by delivering a controlled substance to a person under the age of eighteen (18), who is at least three (3) years his junior, may have his/her punishment doubled.

Repeat Offenses

Persons convicted of subsequent controlled substance violations may have their punishments doubled and may face a mandatory minimum penalty. (I.C. §§ 37-2739A, 37-2739B.)

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

21 U.S.C. 844(a)

First conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both.

After 1 prior conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000 or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both, if:

a. 1st conviction and the amount of crack possessed exceeds 5 grams.

b. 2nd crack conviction and the amount of crack possessed exceeds 3 grams.

c. 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881(a)(7)

Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.)

21 U.S.C. 881(a)(4)

Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a

Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 862a

Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g)

Ineligible to receive or purchase a firearm.

Miscellaneous

Revocation of certain Federal licenses and benefits, e.g. pilot license, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.


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