Title: #VI-2. WVUP Drug-Free Policy for the
Workplace and School
Date: July 7, 2006
I.
Purpose: To comply with the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690 Title V, Subtitle D, 41 U.S.C. 701
et.sep.).
Coverage: All
Prohibitions: (a.)
The unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace.
(b.) Reporting for work under the
influence of a controlled substance is prohibited.
A. Notice to Employees
As a condition of University
employment, every employee shall 1.) abide by the terms of this policy and 2.)
notify his/her supervisor and the Department of Human Resources of any
conviction on drug or alcohol related charges resulting from any activity
occurring in the workplace or otherwise on University premises no later than
five (5) days after such conviction.
B. Disciplinary Sanctions
Any employee found in violation of this
provision shall be subject to disciplinary action, including dismissal, and may
be required to participate in a drug abuse assistance or drug rehabilitation
program.
C. Awareness
The Health and
Implementation Procedure – Effective
March 17, 1989, the University will:
·
Notify
employees of the policy regarding drug-free workplace
·
Provide
a copy of the policy and procedures as part of the award package on all grants
received by the University
·
Provide
a copy of the policy to each new employee at the time of initial employment
processing
·
Notify
the contracting agency within ten (10) days after receiving notice from an
employee or otherwise receiving notice of a drug related conviction
·
Impose
sanctions as stated earlier within thirty (30) days of receiving notice of a
criminal drug statute conviction in the workplace.
II. General
Requirements of the
Purpose: To comply with the
Coverage: All
Prohibitions: Employees
and students in violation of
The Drug-Free Schools and
Communities Act Amendments of 1989 requires an institution of higher education,
as a condition of receiving funds or any other form of financial assistance
under any federal program, to certify that it has adopted and implemented a
program to prevent the unlawful possession, use, or distribution of illicit
drugs and alcohol by students and employees.
As part of its drug prevention
program for students and employees,
·
Standards
of conduct that clearly prohibit the unlawful possession, use or distribution
of illicit drugs and alcohol by students and employees on its property or as a
part of any of its activities.
·
A
description of applicable local, state, and federal legal sanctions pertaining
to the unlawful possession, use, or distribution of illicit drugs and the abuse
of alcohol
·
A
description of health risks associated with the use of illicit drugs and the
abuse of alcohol
·
A
description of available drug and alcohol counseling, treatment,
rehabilitation, and re-entry programs
·
A
clear statement of the disciplinary sanctions that the University will impose
upon students and employees who violate the standards of conduct.
The University will conduct a
biennial review of its drug prevention program to determine its effectiveness,
implement needed changes, and ensure that disciplinary sanctions are consistently
enforced.
A. Standards of Conduct
The unlawful possession, use, or
distribution of illicit drugs and alcohol by students or employees on
University property or as part of any other University regulated activities is
prohibited.
B. Disciplinary Sanctions
The University will impose
disciplinary sanctions on students and employees (faculty, classified and
non-classified staff) who violate the above standards of conduct. Students should recognize the fact that for
violation of these standards they will be subject to disciplinary sanctions up
to and including suspension or expulsion from the University and referral for
prosecution. Employees should be aware
of the fact that violation of these standards of conduct will subject them to
sanctions up to and including immediate dismissal and referral for
prosecution. You should consult your
student handbook, classified employee’s handbook, or faculty handbook for
review of the specific sanctions which may apply.
III.
Drug-Induced Rape Prevention and Punishment Act of 1996
Purpose: To
comply with the Drug-Induced Rape Prevention and Punishment Act of 1996 (Pub.L.
104-305, 110 Stat.3807, 21U.S.C. 801 note, 21U.S.C. 841).
Coverage: All
Prohibitions: It
is unlawful to distribute a controlled substance to an individual resulting in
their “inability to acknowledge” and/or consent to drug facilitated crimes of
violence, including sexual assault.
“Definition of the term ‘inability to acknowledge’ means that the
individual is unaware that a substance with the ability to alter that
individual’s ability to appraise conduct or to decline participation in or
communicate unwillingness to participate in conduct is administered to the
individual.”
A. Disciplinary Sanctions
Any employee or student found in
violation of this provision shall be subject to disciplinary action, including
dismissal.
IV.
Purpose: To comply with the Omnibus
Transportation Employees Testing Act, 1991 (49 CFR 653 and 654); Federal
Highway Administration Federal Motor Carrier Safety Regulation (49 CFR 382);
Federal Railroad Administration Act (49 CFR 219); Drug-Free Workplace Act, 1988
(49 CFR 29); Drug-Free Schools and Communities Act, 1986 (20 U.S.C. 3181-3196);
Drug-Free Schools and Communities Act Amendments, 1989.
Coverage: Drug and
alcohol testing has been federally required for all professional drivers and
safety-sensitive employees including interim, temporary, casual, classified,
non-classified, faculty, students, and volunteer workers.
Prohibitions: The
illegal use of controlled substances and the misuse of alcohol by professional
drivers of large trucks, passenger buses, and vehicles transporting hazardous
materials; or, are employees in other safety-sensitive roles.
A.
Disciplinary Sanctions
The University will impose testing
and disciplinary sanctions on affected employees who violate these standards
whose duties require, or individuals who apply for positions which require the
possession of a valid Commercial Drivers License (CDL); those responsible for
the operation/driving, maintenance, and/or controlling dispatch or movement of
regulated vehicles; and/or individuals whose duties require the possession of a
firearm for security purposes.
V.
Health Risks Associated with the Use and Abuse of Alcohol and Illicit Drugs
Substance abuse and drug
dependency are problems of staggering proportions in out society today. They are the leading causes of preventable
illness, disability, and death in the
A.
Alcohol/Drug Abuse
Alcoholism and other drug
dependencies are diseases with identifiable symptoms. These symptoms include
changes in alcohol/drug tolerance, blackouts (permanent, chemically induced memory
loss), denial (refusal to admit that chemical use is a problem), mood swings,
behavior changes, and loss of control (inability to stop and/or limit chemical
consumption). The disease injures the person economically, socially,
physically, psychologically, and spiritually; relationships break down, work
performance is impaired, depression often occurs and behavior often goes
against values.
Persons who suffer form
chemical dependency are victims of a progressive, fatal disease.
Alcoholism/addiction affects people of all ages, economic levels, and
races. Ninety-seven percent of
chemically-dependent people have responsible jobs, a home, and a family.[3]
Alcoholism is a disorder that
has profound psychological and biological patterns: 1.) regular daily
intoxication, 2.) drinking large amounts of alcohol at specific times, and 3.)
periods of sobriety interspersed with periods of heavy daily drinking. The course of the disorder is usually
progressive and physical dependence can develop. If this happens, serious
symptoms, sometimes life threatening, can develop when alcohol is withdrawn.
Short tern effects of alcohol use can include depression, gastritis, liver
disease and automobile accidents, and domestic violence. Chronic alcohol abuse can produce irreversible
changes, including dementia, sexual impotence, cirrhosis of the liver, and
heart disease. Death can occur either as
a complication of one of these chronic problems, or acutely, secondary to
alcohol intoxication by poisoning or aspiration of vomitus or as the result of
an automobile accident while driving intoxicated.
B. Impact of Families/Friends
Families are gravely affected
by a chemical abusing member. Some of
the effects on the family include:
feelings of insecurity, guilt, fear, isolation, anger, and
resentment. As the chemically dependent
person’s disease progresses, the effects on the family worsen. As a very direct, physiological consequence,
the infants of alcohol and cocaine abusing mothers often have low birth weight
and may suffer from malformations and a variety of developmental problems. Children are often the most vulnerable to the
effects of chemical dependency. Growing
up in families where their developmental needs do not get met, children may
face a variety of problems; low self-esteem, inability to trust others, teenage
pregnancy, and high risks for chemical use/abuse/dependency.
The lifestyle of the abuser
often affects the economic well-being of their families due to their inability
to hold down a job. In some cases, the
abuser will steal from relatives, which reduces the family’s financial means
and stability. In many cases, substance
abuse leads to violence at home.
There is an obvious emotional toll
of substance abuse on the functioning of individual members and the family as a
whole. Family members may actively deny
the problem, may become symptomatic in an effort to deflect attention from the
substance abusing member, or may assume the abuser’s responsibilities at home
and even at work.
Chemical dependency is treatable.
With an understanding of the disease and its impact on lives, family members
and friends can take steps to help reduce enabling behaviors. Very often, the family’s intervention with
the user and his or her problem is an essential step which encourages the
abusing member to seek treatment.
Support groups for family members, such as Al-Anon, as well as family
therapy can provide needed assistance to families as they grapple with the
destructive effects of the user’s addiction.
C. Campus Support
WVU at
1. Health
and Wellness Center (304) 424-8205
2.
Student Wellness Association (304) 424-8205
3.
Employee Assistance Resource Program (304) 424-8205
4.
Counseling and
1. Faculty
and Staff Assistance Program (FSAP) (304) 293-5590
D. Disclaimer
This list of treatment facilities
and services is not intended to be exhaustive; it is merely a helpful list of
some contacts in areas convenient to
Federal Drug Trafficking Laws
Federal law penalizes the manufacture, distribution,
possession with intent to manufacture drugs (“controlled substances”). 21 U.S.C. § 841(a). Listed below are the sentencing guidelines
for violation of the Controlled Substances Act.[4]
A. Subsection 841(a)(1)(A) -
Trafficking Offenses
|
Drug |
Quantity |
|
Heroin |
1
kilogram or more of a mixture or substance containing a detectable amount |
|
|
|
|
Coca Leaves |
5
kilograms or more of a mixture or substance containing a detectable amount |
|
|
|
|
Cocaine |
5
kilograms or more of a mixture or substance containing a detectable amount |
|
|
|
|
Ecgonine |
5
kilograms or more of a mixture or substance containing a detectable amount |
|
|
|
|
Any compound,
mixture, or preparation which contains any quantity of cocoa leaves or cocaine or ecgonine |
5
kilograms or more of a mixture or substance containing a detectable amount |
|
|
|
|
Any
compound, mixture, or preparation which contains any quantity of cocoa leaves or cocaine or ecgonine which contains cocaine base |
50 grams |
|
|
|
|
PCP |
100 grams
or more – or – 1 kilogram or more of a mixture or substance containing a
detectable amount |
|
|
|
|
LSD |
10 grams or
more of a mixture or substance containing a detectable amount |
|
|
|
|
N-phenyl-N-propanamide |
400 grams
or more of a mixture or substance containing a detectable amount – or –
100 grams or more of mixture or substance containing a detectable amount of
any analogue thereof |
|
Marijuana |
1000
kilograms or more of a mixture or substance containing detectable amount – or
– 1,000 or more marijuana plants regardless of weight |
|
Methamphetamine |
50 grams –
or – 500 grams or more of a mixture or substance containing a detectable
amount |
|
|
|
|
B. Subsection 841(a)(1)(A)
Penalties |
|
1. First Offense
Term of imprisonment
which may not be less than 10 years and
not more than life imprisonment.
*If death or serious bodily injury
results from the use of such substance:
-Term of imprisonment which may not
be less than 20 years or more than life.
A fine not to exceed $4,000,000.
2. Violation after
a Prior Conviction
Term of imprisonment
which may not be less than 20 years
and not more than life imprisonment.
* If death
or serious bodily injury results from the use of such substance:
-Life imprisonment.
A fine not to
exceed $8,000,000.
3. Aggravating Circumstances
(a) Distribution to Persons Under Age 21
First Offense:
-Two times the maximum punishment
authorized by § 841(b)
-Mandatory Minimum of 1 year
imprisonment (unless greater punishment authorized)
Second Offense:
-Three times the maximum punishment
authorized by § 841(b)
(b) Distribution of Manufacturing in or Near Schools and
Colleges
First Offense
- Mandatory Minimum of 1 year
imprisonment (unless greater punishment authorized).
-Twice the maximum fine authorized
by § 841(b)
Second Offense
-Mandatory Minimum of 3 years
imprisonment and not more than life imprisonment
- Three times the maximum punishment
authorized by § 841(b)
(c) Employment or Use of Person Under 18 Years of Age in
Drug Operations
First Offense
-Twice the
maximum punishment otherwise authorized
Second Offense
-Three
times the maximum punishment authorized.
C. Subsection 841(a)(1)(B) -
Trafficking Offenses
|
Drug |
Quantity |
|
Heroin |
100 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
Coca Leaves |
500 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
Cocaine |
500 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
|
|
|
Ecgonine |
500 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
Any
compound, mixture, or preparation which contains any quantity of cocoa leaves or cocaine or ecgonine |
500 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
Any
compound, mixture, or preparation which contains any quantity of cocoa leaves or cocaine or ecgonine which contains cocaine base |
5 grams |
|
|
|
|
PCP |
10 grams
or more – or – 100 grams or more of a mixture or substance containing a
detectable amount |
|
|
|
|
LSD |
1 grams
or more of a mixture or substance containing a detectable amount |
|
|
|
|
N-phenyl-N-propanamide |
40 grams
or more of a mixture or substance containing a detectable amount – or – 10
grams or more of mixture or substance containing a detectable amount of any
analogue thereof |
|
Marijuana |
100
kilograms or more of a mixture or substance containing detectable amount – or
– 100 or more marijuana plants regardless of weight |
|
|
|
|
Methamphetamine |
5 grams –
or – 50 grams or more of a mixture or substance containing a detectable
amount |
D. Subsection 841(a)(1)(B)
-Trafficking Penalties
1. First
Offense
Term of imprisonment which may not be less than
5 years and not more than 40 years.
*If death or serious bodily injury results from the use of
such substance:
-Term of imprisonment which may not
be less than 20 years or more than life.
A fine not to exceed $2,000,000.
2. Violation after a Prior
Conviction
Term of imprisonment which may not be less than
10 years and not more than life
imprisonment.
* If death or serious bodily injury
results from the use of such substance:
-Life imprisonment
A fine not to exceed $4,000,000.
3.
Aggravating Circumstances
(a)
Distribution to Persons Under Age 21
First Offense:
-Two times the maximum punishment authorized by § 841(b)
-Mandatory Minimum of 1 year imprisonment (unless greater
punishment authorized)
Second Offense:
-Three times the maximum punishment authorized by § 841(b)
(b)
Distribution of Manufacturing in or Near Schools and Colleges
First Offense
- Mandatory Minimum of 1 year imprisonment (unless greater
punishment authorized).
-Twice the maximum fine authorized by § 841(b)
Second Offense
-Mandatory Minimum of 3 years imprisonment and not more than
life imprisonment
- Three times the maximum punishment authorized by § 841(b)
(c)
Employment or Use of Person Under 18 Years of Age in Drug Operations
First Offense
-Twice the maximum punishment
otherwise authorized
Second Offense
-Three times the maximum punishment
authorized.
Federal Possession
Laws
Federal law penalizes the simple possession of controlled
substances. 21 U.S.C. 844(a) (2005). Listed below are the sentencing guidelines
for violation of the Controlled Substances Act.[5]
A. Subsection 844(a) Simple
Possession
|
Offense |
Penalty |
||
|
Possession
of Illegal Controlled Substance |
Term of
imprisonment of not more than one year, a minimum fine of $1,000, or both. |
||
|
Term of
imprisonment for not less than 15 days but no more than 2 years and a minimum
fine of $2,500. |
||
|
|
|
||
|
Possession
with Two or More Prior Convictions |
Term of
imprisonment for not less than 90 days but not more than 3 years and a
minimum fine of $5,000. |
||
|
Possession
of a Mixture or Substance Which Contains Cocaine Base (Exceeds 5 grams) |
Term of
imprisonment for not less than 5 years and not more than 20 years and a
minimum fine of $1,000. |
||
|
|
|
||
|
Possession
of a Mixture or Substance which contains Cocaine Base (Exceeds 3 grams) after prior conviction of the same. |
Term of
imprisonment for not less than 5 years and not more than 20 years and a
minimum fine of $1,000. |
||
|
|
|
||
|
Possession
of a Mixture or Substance Which Contains Cocaine Base (Exceeds 1 grams) after two or more prior convictions of the same. |
Term of
imprisonment for not less than 5 years and not more than 20 years and a
minimum fine of $1,000. |
||
|
|
|
||
|
Possession
of Flunitrazepam (“Rohypnol” or “Roofies” – date-rape drug) |
Term of imprison
for not more than 3 years and a fine as provided above for simple possession. |
State of
Illicit Drugs and Alcohol
A. Alcohol Violations
|
Violation |
|
Penalty |
||
|
Misrepresentation of age for the purpose of purchasing or
drinking beer or liquor or gaining admittance to any establishment from which
he or she would otherwise be barred by age. |
MISDEMEANOR |
Imprisonment in county jail for up to 72 hours and fine up
to $50. |
||
|
|
|
|
||
|
Furnishing alcohol to a minor under 21 years of age by
person no related by blood or marriage. |
MISDEMEANOR |
Imprisonment in a county jail for a period not to exceed
ten days. A fine in an amount not to exceed one hundred dollars. |
||
|
|
|
|
||
|
|
|
|
||
|
Alcohol in Public Places: 1. Public intoxication 2. Drinking alcoholic liquor in a public place 3. Tendering a drink of alcoholic liquor to another person
in a public place 4. Possessing alcoholic liquor in an amount in excess of
one gallon in a container not having a commissioner’s stamp or seal |
ALL MISDEMEANORS |
First Offense: A fine of not less than $5 nor more than
$100. Second Offense: A fine of not less than $5 nor more than
60 days in the county or regional jail or completion of not less than 5 hours
of alcoholism counseling at the nearest community mental health – mental
retardation center |
||
B. Controlled Substances Violations
Except as authorized by law, it is
unlawful for any person to manufacture, deliver, or possess with intent to
deliver controlled substances. (See below for references to controlled
substances).
West Virginia Code Sections 60A-2-204,
206,
208,
210,
and 212
provides Schedules I, II, III, IV, and V of Controlled Substances as referred
to hereafter. In reviewing offenses
involving these Schedules of Controlled Substances you may click on the links
to the sections of State Code referenced in this document when reading an
electronic version, or you may review copies of the Schedules of Controlled
Substances at the following locations:
1.
Student Health Center 4.
2. Student Services Office 5. Library
3.
Human Resources 6.
Office of the President
It is an unlawful offense for any
person to deliver, manufacture, create, or possess with intent to manufacture
or deliver any controlled substance as defined in the Schedules of Controlled
Substances and the penalties for various offenses are as follows.
|
Violation |
|
Penalty |
|
1. Offense involving Schedule I or Schedule II controlled
substance which is a narcotic. |
FELONY |
Imprisonment in the state correctional facility for 1-15 years
and a fine of $25,000 |
|
|
|
|
|
2. Offense involving any other controlled substance which
is not a narcotic above in Schedules I, II, III. |
FELONY |
Imprisonment in the state correctional facility for 1-5
years and a fine of $15,000 |
|
3. Offense involving a Schedule IV substance. |
FELONY |
Imprisonment in the penitentiary for 1-3 years and a fine
of $10,000 |
|
|
|
|
|
4. Offense involving a Schedule V substance. |
MIDEMEANOR |
Confined in a county jail not less than 90 days, not more than
6 months and a fine of $1,000 |
|
|
|
|
|
5. Offense involving possession of a controlled substance
without a valid prescription. |
MISDEMEANOR |
Confined in a county jail not less than 90 days, not more
than 6 months and a fine of $1,000 |
|
|
|
|
|
6. Offense involving an imitation controlled substance. |
MISDEMEANOR |
Imprisonment in the county jail for six months to a year
and a fine of $5,000 |
|
|
|
|
|
7. Where a person 18 years or older commits any offense outlined
in 1 through 4 above by distributing a narcotic to a person under 18 years of
age and at least three years his junior. |
|
Fine same as in 1 through 4, but may be subject to a term
of imprisonment up to twice that authorized by 1 through 4 above. |
|
|
|
|
|
8. Any person convicted of a second or subsequent offense,
except for those in 7 above. |
|
May be imprisoned for a term up to twice that otherwise
authorized and fined an amount up to twice that other otherwise or both. |
C. Vehicular Offenses
1. Any person driving a vehicle in
|
Offense |
|
Penalty |
|
(A)
Commits an act forbidden by law which
results in the death of
another when the influence of alcohol, controlled substances or drugs is
shown to be a contributing cause to the death. |
FELONY |
Imprisonment
in the penitentiary for 1 to 10 years and a fine of $3,000 |
|
|
|
|
|
|
|
|
|
(B)
Commits an act forbidden by law which results in the death of another. |
MISDEMEANOR |
Imprisonment
in the county jail for up to one year and a fine of up to $1,000. |
|
(C)
Commits an act forbidden by law which results in bodily injury to another. |
MISDEMEANOR |
Imprisonment
in the county jail for up to one year and a fine |
|
|
of $1,000 |
|
|
|
|
|
|
|
|
|
|
(D) Driving under the influence as in 1 above
with no deaths or
injury resulting. |
MISDEMEANOR |
Imprisonment
in the county jail for up to 6 months and a fine of up to $500 |
|
|
|
|
|
|
|
2. Anyone younger than 21 years of
age found driving with a blood alcohol level greater than 0.02% by weight.
|
(A) First offense |
MISDEMEANOR |
Fined up to $100 |
|
(B) Second and
subsequent offenses |
MISDEMEANOR |
Imprisoned in the county or
regional jail for twenty-four hours and shall be fined up to $500. |