Student Life Policies
There are millions of American individuals adversely affected by their progressive dependence on drugs or alcohol. Recent surveys in 2002 indicate an estimated 20% among young adults aged 18 to 25 years were current illicit drug users compared to 6% among adults aged 26 or older. Out of an overall population of 120 million Americans aged 12 or older, 51% are current drinkers of alcohol, 6.7% are heavy drinkers, and 23% participated in binge drinking at least once in the 30 days prior to the survey. Reports from 1995 indicate that approximately 40% of the total $276 billion costs dealing with drugs or alcohol abuse are financed by the American public.
The abuse of drugs and alcohol can lead to a variety of serious consequences including: poor academic performance; poor decision making; poor morale; work errors; wasted time and materials; damage to equipment; theft; tardiness; absenteeism; accidents which injure the drug abuser; accidents which put employees and students at risk of injury; and may lead to disciplinary action, prosecution, illness, and even death. Abusers of these substances experience depression, isolation, loss of memory, loss of coordination, impaired judgment, reduced morale, anxiety, paranoia and loss of self respect.
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 and has a drug and alcohol abuse prevention program in operation, 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 1988 and the Drug-Free Schools and Communities Act of 1989 and believes that these acts and their regulations provide a proper framework for the drug and alcohol abuse policies of the university.
The following terms are important for purposes of expressing the university's policy on a drug free workplace:
A. Controlled substance means 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 defined in the Texas Controlled Substances Act [Texas Health and Safety Code, and §481.001 et seq].
B. Contract means a legal instrument reflecting a relationship between the federal government and a recipient whenever the principal purpose of the instrument is the 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.
C. Conviction means finding of guilt (including a plea of nolo contendere), of imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
D. Criminal drug statute means a federal or non-federal criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance.
E. Employee means an individual receiving a salary, wages, other compensation and/or stipend support from the university.F. Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, or any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
G. Grant means 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 veterans' 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.
H. Grantee means a legal entity, which applies for or receives a grant or contract directly from a federal agency.
I. Illicit drug use means the use of illegal drugs and the abuse of other drugs and alcohol.
J. Student means an individual registered or enrolled for credit or non-credit in a course or program offered by the university or any of its units.
K. University activities means an activity officially sponsored by the University of Houston-Clear Lake.
L. Workplace means the physical boundaries of the university and facilities owned or controlled by the university.
It is the policy of the university that illicit drug use, including the manufacture, sale, distribution, dispensation, possession, or use, is prohibited in the workplace, on the campus, or as part of any university activities. Sanctions imposed for violation of this policy are indicated below.
The Drug and Alcohol Abuse Prevention Policy is supported by a drug free awareness and alcohol education program available to the faculty, staff and students of the university. Specific compliance and reporting items enumerated in the policy (items B,C,D,E) are applicable to all persons employed on federal contracts and grants.
In support of this policy, the university:
A. Has established a drug free and alcohol abuse awareness program to inform its faculty, staff, and students about the dangers of drug and alcohol abuse in the workplace, the university's policy of maintaining a drug free workplace and a workplace which prohibits the illicit use of alcohol, available drug and alcohol counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug and alcohol abuse violations.
B. Will provide each student and employee a copy of this policy. In addition, all faculty, staff, and students will be notified of this policy through appropriate publications.
C. Will 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 this policy, and must notify his/her supervisor and the Office of Human Resources of any criminal drug statute conviction for a violation occurring in the workplace not later than 5 days after such conviction.
D. Will notify the appropriate federal agency within 10 days after receiving notice of criminal drug statute conviction for a violation occurring in the workplace of any university employee engaged in performance of the grant or contract.
E. 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.
F. 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.
G. 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 of this policy is a joint responsibility of the Office of Human Resources, the Office of Sponsored Programs, University Police and the Student Services division.
The university policy prohibiting the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus and at university-sponsored events held off campus is for the support and protection of employees and students of the University of Houston-Clear Lake. Therefore, any employee admitting to or convicted of the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus or at university-sponsored events held off campus, will be subject to disciplinary action in accordance with the Discipline and Dismissal of Non-faculty policy. Further, the employee may be referred for criminal prosecution and may be required to participate in a satisfactory manner in a drug and alcohol assistance or rehabilitation program. Referrals to rehabilitation programs will be as a result of joint consultation between the employee, the Employee Assistance Program, and the Office of Human Resources. Supervisors who suspect that an employee may be in violation of this policy or may be under the influence while at work, must consult with the Executive Director of Human Resources and/or the University Police Department before any action is taken.
Any student found guilty of violating Student Life Policies regarding the unlawful possession, use, or distribution of illicit drugs and alcohol on campus or at university-sponsored events held off campus will be subject to disciplinary action. This action consists of penalties up to and including probation, suspension, and expulsion. The student may be referred for criminal prosecution and may be required to participate in a satisfactory manner in a drug and alcohol assistance or rehabilitation program.
Further information concerning disciplinary action and appropriate procedures for employees is available from the Office of Human Resources (281.283.2160) and for students from the Dean of Students Office (281.283.2568).
The UHCL offices of Counseling Services, Health and Disability Services, and Employee Assistance Program offer drug and alcohol abuse educational resources, programs, consultation and referrals for employees and students.
· Educational literature and materials on substance abuse, identification and treatment are available free of charge in the offices of Counseling Services, Health and Disability Services and Human Resources.
· On a biannual basis, programs focusing on drug and alcohol abuse education are offered to the university community. The offices of Counseling Services, and Health and Disability Services, the Employee Assistance Program, and relevant agencies are used as resources in the implementation of these programs. These programs are open to students, faculty and staff at no charge.· In-service seminars are available by request. These seminars are designed to help students, faculty, and staff understand ways to identify persons at risk and to explore methods of dealing with such problems.
· Students are eligible to consult with the counselors in the Office of Counseling Services or the Office of Health and Disability Services about drug and alcohol substance abuse issues and resources.
· Faculty and staff are eligible to consult with the Office of Human Resources and the Employee Assistance Program about drug and alcohol substance abuse issues and resources.
· Drug and alcohol abuse counseling and rehabilitation program referrals are made as needed to mutual help organizations (such as Alcoholics Anonymous or Alanon), private hospitals, public treatment programs and private practitioners.
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