Subject
DRUG-FREE WORKPLACE
Section HR
Part
Policy
Statement 21
Effective Date 3/21/01
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to Policies & Procedures
POLICY
The Board of Governors of the University of North Carolina
adopted a policy on illegal drugs on January 15, 1988. The Board of
Governors requires each constituent institution's Board of Trustees to develop a
policy on illegal drugs applicable to all students, faculty members, and other
employees. To assist Fayetteville State University in its continuing
efforts to meet the threat of illegal drugs, and to comply with the Board of
Governors' directive and applicable federal law, the Board of Trustees adopted a
drug policy, portions of which are set forth below. The policy is intended
to demonstrate the University's primary commitment to education, counseling,
rehabilitation, and elimination of illegal drugs, as well as its determination
to impose penalties in the event of violation of state and federal drug laws consistent
with due process rights.
I. EDUCATIONAL
PROGRAMS
Educational
programs shall involve all aspects of the University community-administrator,
faculty, staff, and students. These educational programs shall emphasize
the following subjects:
1. The incompatibility of the use or sale of illegal drug with
University goal;
2. The legal consequences of involvement with illegal
drugs;
3. The medical implications of the use of illegal drugs;
and
4. The ways in which illegal drugs jeopardize an
individual's present accomplishments and future opportunities.
II. COUNSELING AND
REHABILITATION
Counseling
and rehabilitation related to drug abuse is an important part of the
University's drug policy. The following specific activities shall be
implemented:
1. Information regarding the drug-related services and
referral process shall be disseminated to students, faculty, administrators and
staff;
2. Members of
the academic community who are aware of individuals with drug problems shall be
encouraged to make referrals to the Counseling Center and/or other agencies;
3. A drug
abuse and prevention counseling and rehabilitation resource list shall be made
available to all members of the academic community; and,
4. Person who
voluntarily avail themselves of University services shall be assured that
applicable professional standards of standards of confidentiality will be
observed.
III. ENFORCEMENT AND
PENALTIES
Students, faculty members and other employees are
responsible for knowing about and complying with the provisions of North
Carolina law that make it a crime to process, sell, deliver, or manufacture
drugs designated as "controlled substances" in Article 5 of Chapter 90
of the North Carolina General Statutes (NCGS). Penalties will be imposed
by the University in accordance with Section 502D(3), Sections 603 and 604 of
The Code of the University of North Carolina, the Board of Governors' policies
applicable to employees (other than faculty members) exempt from the State
Personnel Act, and by regulations of the State Personnel Commission. The
following minimum penalties shall be imposed for the particular offenses described.
Trafficking in Illegal Drugs
For illegal manufacture, sale, delivery, or possession with intent to
manufacture, sell or deliver any controlled substance identified in Schedules I
through VI, NCGS 90-89, NCGS 90-90, NCGS 90-91 through NCGS 90-94 (including,
but not limited to: heroin, mescaline, lysergic acid diethylamide, opium,
cocaine, amphetamine, methaqualone, marijuana, pentobarbital, codeine), the
minimum penalty shall be expulsion from enrollment for any student or dismissal
from employment for any faculty member, administrator or other employee.
Illegal Possession of Drugs
For the first offense involving the illegal possession of any
controlled substance identified in Schedule I or II, NCGS 90-89 or NCGS 90-90,
the minimum penalty shall be suspension from enrollment for a minimum of one
calendar year for any student or suspension from employment for at least on
calendar year for any faculty member or other employee.
For a second offense for the illegal possession
of a controlled substance identified in Schedules I or II, NCGS 90-89 or 90-90,
the minimum penalty shall be expulsion from enrollment or dismissal from
employment.
For a first offense involving the illegal
possession of any controlled substance identified in Schedules III through IV,
NCGS 90-91 through 90-94, the minimum penalty for any student, faculty member or
other employee shall be suspension for at least one semester or its equivalent.
For a second offence involving the illegal possession of any
controlled substance identified in Schedules III through Iv, NCGS 90-91 through
90-94 shall be expulsion form enrollment of dismissal from employment.
IV. SUSPENSION PENDING
FINAL DISPOSITION
When
a student, faculty, administrator, or other employee has been charged by the
University with a violation of policies concerning illegal drugs, he/she may be
suspended from employment or enrollment before initiation or completion of
regular disciplinary proceedings if, assuming the truth of the charges, the
Chancellor or his designee, concludes that the person's continued presence
within the University community would constitute a clear and immediate danger to
the health or welfare of other members of the University community. If
such a suspension is imposed, an appropriate hearing of the charges against the
suspended person shall be held as promptly as possible thereafter.
V. REPORTING
The
Chancellor shall submit annual reports to the Board of Trustees on campus
activities related to illegal drugs. The reports shall include, as a
minimum, the following: (1) a listing of the major drug-related educational
activities conducted during the year; (2) a report of illegal drug-related
incidents, including sanctions imposed; (3) an assessment by the Chancellor of
the effectiveness of the campus program; and (4) any proposed changes in the
policy on illegal drugs. A copy of this report shall be provided to the
President of the University.
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