UH-Victoria

Office of the Vice President for
Administration and Finance

SECTION: HUMAN RESOURCES INDEX: C-19

SUBJECT: DRUG AND ALCOHOL ABUSE PREVENTION

POLICY

It is the policy of the University that illicit drug use including their manufacture, sale, distribution, dispensation or possession is prohibited in the workplace, on the campus, or as part of any University activity. Consequently the use of alcoholic beverages is prohibited on the campus or as part of any University activity unless for an approved sponsored event where alcoholic beverages may be legally distributed. See University policy A-41, Alcoholic Beverage Use On Campus, for more information.

 

This policy applies to the University of Houston-Victoria, University of Houston System at Cinco Ranch and the University of Houston System at Sugar Land campuses.

 

PHILOSOPHY

 

The unlawful use of drugs or abuse of other drugs and alcohol is inconsistent with the behavior expected of members of the University community. The University is committed to the development and maintenance of a drug-free environment on the campus as well as an environment that prohibits the abuse of other drugs and alcohol. The University has a drug and alcohol abuse prevention program in operation and it is accessible to all members of the University community. The University is committed to the further expansion of that program and the dissemination of drug awareness information to the members of the University community. In addition, the University is committed to enforcing the provisions of the Drug-Free Workplace Act of 1989 and believes that these acts provide the proper framework for the drug and alcohol abuse policies of the University.

 

Sanctions imposed for violations of this policy are detailed in this document.

 

DEFINITIONS

The following terms are important for purposes of expressing the University’s policy on a drug-free workplace.

 

Controlled substance: a controlled substance in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as further defined by regulations at 21 CFR 1300.11 through 1300.15 and as defined in the Texas Controlled Substances Act {Texas Health and Safety Code, §481.001 et seq].

 

Contract: a legal instrument reflecting a relationship between the Federal Government and a recipient whenever the principal purpose of the instrument is acquisition by purchase, lease, or barter of property or services for the direct benefit or use of the Federal Government; or whenever an executive agency determines in a specific instance that the use of a type of procurement contract is appropriate.

 

Conviction: finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

 

Criminal drug statute: a federal or nonfederal criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance.

 

Employee: an individual receiving salary, wages, other compensation and/or stipend support from the University.

 

Federal agency or agency: any United States executive department, military department, government corporation, government controlled corporation, or any other established in the executive branch (including the Executive Office of the President), or any independent regulatory agency.

 

Grant: an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a federal agency directly to a grantee. The term grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government-wide regulation "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." The term does not include technical assistance which provides services instead of money, or other assistance in the form of loans, loan guarantees, interest subsidies, insurance, or direct appropriations; or any veteran's benefits to individuals, i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.

 

Grantee: a legal entity which applies for or receives a grant or contract directly from a federal agency.

 

Illicit drug use: the use of illegal drugs and the abuse of other drugs and alcohol.

 

Student: an individual registered or enrolled for credit or non-credit in a course or program offered by the University or any of its units.

 

University activities: events and/or activities officially sponsored by the University of Houston-Victoria.

 

Workplace: the physical boundaries of the University and facilities owned or controlled by the University.

 

EFFECTS AND HEALTH RISKS

Refer to Attachment A for Effects of Drug Use.

 

Refer to Attachment B for Health Risks of Alcohol and Drugs

 

PENALTIES FOR VIOLATION OF THIS POLICY

Any employee who admits to or is found to have violated the University’s substance abuse policies regarding the unlawful possession, use, or distribution of illegal drugs and alcohol on the campus or at any University activity held off-campus will be subject to disciplinary action up to and including termination, may be referred for prosecution, and required to satisfactorily participate in a drug and alcohol assistance or rehabilitation program as agreed upon between the employee, the Director of Human Resources/Affirmative Action, and the employee's supervisor.

 

Any student who admits to or is found to have violated the University's Campus Life Policies regarding the unlawful possession, use or distribution of illegal drugs and alcohol on the campus or at any University activity held off-campus will be subject to disciplinary action up to and including  expulsion, may be referred for prosecution, and may be required to satisfactorily participate in a drug and alcohol assistance or rehabilitation program as agreed upon by the student and the University.

 

Further information concerning disciplinary action and appropriate procedures for employees is available from Human Resources and for students from the Office of Student Activities and Services.

 

Students and employees are also subject to criminal sanctions of varying severity as provided for by federal, state, and local laws if convicted of the unlawful possession, use or distribution of illegal drugs and alcohol.

 

Loss of Student Eligibility for Federal Aid due to Drug Conviction

 

The 2008 Reauthorization of the Higher Education Act, as amended, include a revised student eligibility provision. It provides that a student is ineligible for federal student aid if convicted, under federal or state law, of any offense involving the possession or sale of a controlled substance during a period of enrollment in which federal student aid was received. Federal aid can be grants, student loans, and/or college work study. The period of ineligibility begins on the date of conviction and lasts until the end of a statutorily specified period. The student may regain eligibility early by completing a drug rehabilitation program or if the conviction is overturned.

 

Section 484®*, Higher Education Act of 1965, detailing the suspension of eligibility for drug-related offenses and rehabilitation follows:

 

Suspension of Eligibility for Drug-Related Offenses

 

1)      In general. - A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this title shall not be eligible to receive any grant, loan, or work assistance under this title from the date of that conviction for the period of time specified in the following table:

 

If convicted of an offense involving:

The possession of a controlled substance:

Ineligibility period is

First offense

1 year

 

Second offense

2 years

 

Third offense

Indefinite

The sale of a controlled substance:

Ineligibility period is

First offense

2 year

 

Second offense

Indefinite

 

2)      REHabilitation. - A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if -

a)      the student satisfactorily completes a drug rehabilitation program that –

                                                              i.      complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and

                                                            ii.      includes two unannounced drug tests;

b)      the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the Secretary shall prescribe in regulations for purposes of subparagraph a) i; or

c)      the conviction is reversed, set aside, or otherwise rendered nugatory.

 

3)      Definitions. – In this subsection, the term "controlled substance" has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C.802(6)).

 

SUMMARY OF PENALTIES UNDER FEDERAL AND TEXAS LAW

Refer to Attachment C for summary of Penalties Under Federal Law and Texas Law.

 

EMPLOYEE AND STUDENT RESOURCES

The Human Resources Office and the Office of Student Activities and Services have information available on drug and alcohol abuse and community resources. Information is available regarding treatment from the Victoria Community Drug Education System; drug and alcohol abuse treatment services and physicians; Charter, Bay View, and Treatment Assistance Associates, which offers short and long-term counseling and assistance for anyone affected in any way by drug and alcohol abuse; clergy; and professional counselors. The University also has a preferred provider agreement with a local service provider offering psychology and behavior services, including professional counseling for students and employees.

 

APPLICATION OF POLICY

The Drug-Free Workplace policy, which applies to all persons in the University, is supported by a drug-free awareness program available to UHV faculty, staff, and students. Specific compliance and reporting items enumerated in the policy below are applicable to all persons employed through federal contracts and grants.

 

In support of this policy, the University:

 

A.    Has established a drug-free abuse awareness program to inform its faculty, staff, and students about the dangers of drug and alcohol abuse in the workplace;

B.     Distributes the University's policy of maintaining a drug-free workplace to all employees and students, and provides each new current employee and student with a copy of the policy either by email distribution or hardcopy;

C.     Notifies faculty, staff, and students of this policy through appropriate publications and websites;

D.    Promotes a workplace which prohibits the illicit use of drugs and alcohol;

E.     Has a referral service available for drug and alcohol counseling, rehabilitation, and employee/student assistance programs;

F.      Has informed all employees and students about the penalties that may be imposed upon them for drug and alcohol abuse violations;

G.    HR Office agrees to notify each University employee and each student that, as a condition of employment on a federal grant or contract, the person, once so employed, must abide by the terms of the policy.  Convicted employees have the responsibility of notifying the supervisor and the Director, Human Resources/Affirmative Action of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction;

H.    HR Office agrees to notify the appropriate federal agency within ten (10) days after receiving notice of a criminal drug statute conviction of any University employee engaged in performance of the grant or contract;

I.       Will impose sanctions on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, by any employee so convicted. Sanctions imposed on employees for violation of this policy may include suspension, suspension without pay, and termination in addition to federal, state and local sanctions;

J.       Will make a good faith effort to continue to maintain an environment that complies with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989;

K.    Will conduct a biennial review of its programs to assess their effectiveness, what changes need to be made, and to ensure the uniform application of sanctions to employees and students.

 

IMPLEMENTATION

Implementation of this policy for employees and students is the responsibility of the Department of Business Services, Office of Student Activities and Services, and the Human Resources/Affirmative Action Office.

 

Implementation of this policy for students is the responsibility of the Office of Student Activities and Services.

 

REFERENCE MATERIAL

UNIVERSITY ADMINISTRATIVE POLICY A-41, ALCOHOLIC BEVERAGE USE ON CAMPUS

 

UNIVERSITY ADMINISTRATIVE POLICY H-1, FACILITIES AND GROUND USAGE

Approved by:

Signature obtained                         03/05/2009

Dr. Tim Hudson                                Date

 

Responsible Party:   Risk Management Advisory Committee

Next review date:    February 2011

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