|
DRUG-FREE
POLICY STATEMENT
| 1. |
Introduction. The
purpose of this statement is to provide each member of the Tennessee
Technological University community(Faculty, Staff and Students) with
official notification of the policies and penalties relative to controlled
substances (illicit drugs) and alcohol, as required by the Drug Free
Workplace Act of 1988 and the Drug Free Schools and Communities Act
Amendments of 1989. As an employee and/or student at Tennessee Technological
University, you are required to be knowledgeable of and comply with
the Drug Free Campus/Workplace Policy, the applicable provisions of
which are summarized below. |
| 2. |
Policy. It
is the policy of this institution that the unlawful manufacture, distribution,
possession, use or abuse of alcohol and/or illicit drugs on the Tennessee
Technological University campus or on property owned or controlled by
the University is strictly prohibited. All categories of employees and
students are subject to this policy and to applicable federal, state
and local laws related to this matter. Additionally, any violation of
this policy will result in disciplinary actions as set forth in the applicable
sections of this policy. |
| 3. |
Standards
of Conduct. Tennessee Technological University employees and
students are prohibited from engaging in the unlawful manufacture,
distribution, dispensation, possession, use or being under the influence
of illegal drugs or alcohol on the University campus, and at off-campus
facilities owned or controlled by the University. At off-campus events,
to the extent that off-campus activities are considered to be University
activities, the standards of conduct (of the act) must apply, and alcohol
shall not be abused by those of legal drinking age, nor used, possessed
or distributed by those who have not attained legal drinking age. |
| 4. |
Legal
Sanctions Under Local, State and Federal Law. Various federal,
state and local statutes make it unlawful to manufacture, distribute,
dispense, deliver, sell or possess with intent to manufacture, distribute
dispense, deliver or sell, controlled substances. The penalty imposed
depends upon many factors which include the type and amount of controlled
substance involved; the number of prior offenses, if any; whether death or serious bodily injury resulted from the use of such substance;
and whether any other crimes were committed in connection with the use
of the controlled substance. Possible maximum penalties for a first-time
violation include imprisonment for any period of time up to a term of
life imprisonment; a fine of up to $4,000,000; supervised release; any
combination of the above or all three. These sanctions are doubled when the offense involves either: 1.) distribution or possession at
or near a school or University campus, or 2.) distribution to persons
under 21 years of age. Repeat offenders may be punished to a greater
extent as provided by statute. Further,
a civil penalty of up to $10,000 may be assessed for simple possession
of “personal use amounts” of certain specified
substances under federal law. Under state law, the offense of possession
or casual exchange is punishable as a Class A misdemeanor; if there is
an exchange between a minor and an adult at least two years the minor’s
senior, and the adult knew that the person was a minor, the offense is
classified a felony as provided in T.C.A. S39-17-417. It is unlawful
for any person under the age of twenty-one (21) to buy, possess, transport
(unless in the course of his/her employment), or consume alcoholic beverages,
wine, or beer, such offenses being classified Class A misdemeanors punishable
by imprisonment for not more than 11 months, 29 days, or a fine of not
more than $2,500, or both (T.C.A. SS1-3-113, 57-5-301). It is further
an offense to provide alcoholic beverages to any person under the age
of twenty-one (21), such offense being classified a Class A misdemeanor
(T.C.A. S39-15 -404). The offense of public intoxication is a Class C
misdemeanor punishable by imprisonment of not more than 30 days or a
fine of not more than $50, or both (T.C.A. S39-17-310). |
| 5. |
Health
Risks Associated With Use of Illicit Drugs and/or Abuse of Alcohol. Every
drug, including alcohol, is a potential poison which may cause disability
and death if it is taken incorrectly into the body, consumed in wrong
amounts or mixed indiscriminately with other drugs. Drugs cause physical
and emotional dependence. Drugs and their harmful side effects can
remain in the body long after use has stopped. The extent to which
a drug is retained in the body depends on the drug’s chemical
composition, that is whether or not it is fat-soluble. Fat-soluble
drugs such as marijuana, phencyclidine (PCP), and lysergic acid diethylamide
(LSD) seek out and settle in the fatty tissues. As a result, they
build up in the fatty parts of the body such as the brain and reproductive
system. Such accumulations of drugs and their slow release over time
may cause delayed effects weeks, months and even years after drug
use has stopped. There are many health risks associated with the
use of illicit drugs and the abuse of alcohol including organic damage;
impairment of brain activity, digestion, and blood circulation; impairment
of physiological processes and mental functioning; and, physical
and psychological dependence. Such use during pregnancy may cause
spontaneous abortion, various birth defects or fetal alcohol syndrome.
Additionally, the illicit use of drugs increases the risk of contracting
hepatitis, AIDS and other infections. If used excessively, the use
of alcohol or drugs singly or in certain combinations may cause death. |
| 6. |
Drug
and Alcohol Counseling, Treatment and Rehabilitation. |
| |
(1) |
Health
Services. Campus Health Services provides information to students
and employees on drug and alcohol related problems. Referral services
are also provided for professional counseling, treatment and rehabilitation
programs that are available on campus and in the local community. |
| |
(2) |
Employee
Assistance Program (EAP). Employees
of the University and their dependents are eligible to participate
in the State of Tennessee Employee Assistance Program (EAP). Professional
counseling services for drug and alcohol related problems are available
through United Behavioral Health. The counseling services are voluntary
and strictly confidential. The services are free of charge for employees
and their immediate family members. Appointments for counseling are
made by calling 1-877-237-8574. |
| 7. |
Institutional/School
Sanctions. Tennessee Technological University will impose
appropriate sanction(s) on any employee or student who fails to comply
with the terms of this policy. |
| |
(1) |
Employees.
As a condition of employment, each employee, including student employees, must abide by the terms of this policy, and must notify their department
head/supervisor of any criminal drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction. A conviction includes a finding of
guilt, a plea of nolo contendere, or imposition of a sentence by any state or federal judicial
body. Possible disciplinary sanctions for failure to comply with this policy, including
failure to notify of conviction, may include one or more of the following: |
| |
|
A. |
Termination |
| |
|
B. |
Suspension |
| |
|
C. |
Mandatory participation in, and satisfactory
completion of, a drug/alcohol abuse program, or rehabilitation program |
| |
|
D. |
Recommendation for professional counseling |
| |
|
E. |
Referral for prosecution |
| |
|
F. |
Letter of warning |
| |
|
E. |
Probation |
| |
(2) |
Students.
Any alleged violation of the act by a student of the University shall
be reported to the Dean of Students. Possible disciplinary sanctions for failure
to comply with the terms of this policy may include one or more of the following: |
| |
|
A. |
Expulsion |
| |
|
B. |
Suspension |
| |
|
C. |
Mandatory participation in, and satisfactory completion
of, a drug/alcohol abuse program, or rehabilitation program |
| |
|
D. |
Referral for prosecution |
| |
|
E. |
Probation |
| |
|
F. |
Warning |
| |
|
G. |
Reprimand |
|