POLICIES AFFECTING STUDENTS

Policy on Substance Abuse for Faculty, Staff and Students

University System of Maryland Policy

The University System of Maryland, as an employer, strives to maintain a workplace free from the illegal use, possession or distribution of controlled substances (as defined pursuant to Controlled Substances Act, 21 U.S.C.Sections 801, et. seq.) Unlawful manufacture, distribution, dispensation, possession or use of controlled substances by university employees in the workplace is prohibited under university policy. In addition to any legal penalties under federal and state law, employees found to be in violation of this policy or the Maryland Governor's Executive Order on Substance Abuse, 01.01.1991.16, may be subject to corrective action under applicable university personnel policies. The university supports programs aimed at the prevention of substance abuse by university employees. Employees are encouraged to seek assistance for substance-dependency problems. Employee-assistance counseling and leaves of absence to attend rehabilitation programs are appropriate means of dealing with these problems.

Towson University Policy

The use of controlled substances and the abuse of alcohol presents a serious threat to individual health and everyone's safety. Moreover the use of illegal drugs and the abuse of alcohol can result in less than complete reliability, stability and good judgment, which is inconsistent with the standards set for the faculty, staff and students of this university. Towson University, as an employer, strives to maintain a workplace free from illegal use, distribution, or possession of controlled substances. Any person found to be participating in such activity will be subject to administrative disciplinary action, mandatory counseling and treatment and/or criminal proceedings.

The use, possession, and/or sale of illegal drugs, are considered violations of Towson University's Code of Student Conduct, the faculty contract, and the terms of employment of regular and contingent (exempt/nonexempt) staff. Faculty, students, and employees who use, possess, or sell illegal drugs shall be subject to discipline, including mandatory counseling, suspension or dismissal from the university. The university will take disciplinary action based on reasonable available information; such action will be independent of any civil or criminal processes precipitated by the same incident and will follow the policies and procedures of the university and the University System of Maryland Board of Regents. In the workplace, use, possession and/or sale of illegal drugs and controlled substances are also violations of state and federal laws for which individuals are subject to university disciplinary processes and/or arrest and criminal prosecution.

These serious workplace situations must be handled in ways which ensure the protection of the civil rights and handicapped rights of the accused, the treatment and rehabilitation of employees, and the notification of the necessary administrative and legal authorities.

Specific procedures for reporting drug use, penalties and appeals are part of the Towson University Code of Conduct. Employee disciplinary measures and appeals for violations of this policy as well as other policies of the university are part of the Faculty Handbook, the Part-Time Faculty Handbook and the Personnel Manual.

In addition to the university policy on substance abuse, all employees of the university including student employees are subject to the Maryland Governor's Executive Order 01.01.1991.16 on the Drug and Alcohol Free Workplace.

In accordance with federal legislation, Towson University's substance abuse policy will be distributed annually to all students and employees through the U.S. mail.

Education

In accordance with federal legislation, there will be an annual distribution in writing, to each employee and student of:

1. the dangers of drug abuse in the workplace (to include student employees);
2. the institution's policy of maintaining a drug-free workplace and drug-free campus;
3. standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on university property or as part of any university activities;
4. a description of applicable legal sanctions under local, state or federal law;
5. a description of health risks associated with the use of illicit drugs and abuse of alcohol;
6. a description of available drug or alcohol counseling, treatment or rehabilitation and/or reentry programs; and
7. a clear statement of the disciplinary sanctions that the university will impose on students and employees.

All supervisory faculty and staff will receive training on drug awareness and treatment. This training program shall include existing as well as new supervisory personnel. Drug awareness training will be an integral part of the university's student orientation program.

Faculty and staff orientations will include programming especially designed to focus on the university's policy toward substance abuse.

Employee/Student Assistance Programs

Towson University's health and drug education programs will inform the entire university community of the physical and psychological effects of the non-medically supervised use of illegal drugs, alcohol and consciousness expanding drugs. The education program shall make employees aware of the consequences of prosecution under local, state and federal laws and the rules for governance for university imposed discipline.

The university recognizes the importance of individual rights and respects the privacy of employees and students. To this end, the university has an established counseling program for students and an Employee Assistance Program (EAP) for faculty and staff. These programs have been designed to provide counseling and rehabilitative services.

Employees and students are encouraged to contact the appropriate program in the event they have a substance abuse problem. In this way a student or employee can correct the problem before it jeopardizes a job, an education, family or individual well being.

Employees or students who need help with a problem of drug abuse shall be encouraged to call the Counseling Center, the Health Center, Human Resources or the vice president for Student Affairs. The resources of the Counseling Center shall be available for supervisors who wish consultation in handling employees who may have substance abuse problems. The call will be treated with confidentiality and respect.

Voluntary participants in an assistance program will not jeopardize their continued employment or enrollment at the university provided that their job performance or behavior is consistent with established standards. However, voluntary participation in an assistance program will not prevent disciplinary action for violation of the policy described herein, where such violation has already occurred.

Procedures for Grievances and Appeal

Towson University strongly encourages the use of drug rehabilitation programs as the keystone to a drug-free environment. For each class of employee and student category, the formal rules of procedure remain intact. These include the student judicial procedures and criminal justice procedures. Following a conviction for violation of a drug offense in the workplace, disciplinary action can be imposed, up to and including termination or disenrollment. As a condition of continued employment or education, an employee or student may be required to participate in an approved drug abuse rehabilitation program.

Suspected Drug Use, Possession, or Sale

The use, possession or sale of illegal drugs are violations of state and federal laws for which all offenders are subject to arrest and criminal prosecution, as well as university administrative processes. These serious offenses must be handled in ways to ensure the guarding of evidence, the protection of civil rights of the accused and notification of the proper authorities. To this end, specific procedures outlined in this policy are to be followed in any campus situation where substances are suspected to be illegal drugs.

Any individual, student or employee, directly associated with the University System of Maryland who uses or becomes involved with illegal drugs without proper medical supervision shall be subject to discipline, including suspension or dismissal, as appropriate.

Students, faculty and staff, in their routine activities, may observe suspected illegal drug activities. As a result, some staff members may become involved in the determination of disciplinary action that follows suspected use, possession or distribution of an illegal substance. Specific actions or responsibilities in regard to the suspicion of illegal substances have been outlined in other paragraphs of this policy.

The university reserves the right to conduct drug testing consistent with applicable federal and state laws.

Alcohol Use and Abuse

Towson University views with alarm the potential and real problems caused by alcohol abuse and alcoholism. The alcohol policy has been directed to students and employees engaged in the legal use of alcohol. The implicit as well as explicit focus for prudent drinking is with moderation rather than intoxication.

Any person using alcoholic beverages at any time and at any place while on the Towson University campus is responsible to civil and university authorities for compliance with state and county law.

It is against Maryland State law for anyone under the age of 21 to purchase, possess or consume alcoholic beverages.

It is unlawful for any minor to knowingly and willfully make any misrepresentation or false statement as to his/her age in order to obtain alcoholic beverages.

It is unlawful for any person to purchase alcoholic beverages for consumption by an individual who is known to be a minor.

It is unlawful for any person to possess open containers of any alcoholic beverages in a public place.

Policies concerning the possession and/or use of alcoholic beverages on campus and at special university/community events shall be the delegated responsibility of the associate provost and vice president for Student Affairs.

Procedures for Reporting Substance Abuse

The following information shall provide the basic guidelines for the reporting of student or employee drug use, possession, sale or distribution. Other procedures to be followed have been specified in other sections of this policy.

Upon observing or receiving a report of suspected use, possession or distribution of an illegal drug or the illegal use of alcohol, faculty and staff and/or students shall proceed in the following manner:

Step One: Report suspicions of illegal drug/or alcohol use or possession to the administrator of your area or the appropriate vice president. Any faculty or staff member who observes the workplace use or possession of illegal drugs or alcohol must take appropriate action.

Students observing drug activity in the residence halls should notify a housing staff member. These administrators will notify the appropriate authorities and take appropriate action.

Step Two: Use judicious thought and sound judgment when approaching individuals suspected of illegal drug or alcohol use, possession or distribution. It is preferable to leave drugs or alcohol in their original location until the authorities take action.

Step Three: The university administration will determine if state or federal laws may have been violated. University employees should not become involved in mediating any situation involving illegal drug or alcohol use.

Consistent with the Governor’s Executive Order 01.01.1991.16 (found at http://www.dsd.state.md.us/comar/01/01.01.1991.16.htm), any employee charged with an alcohol driving offense or a controlled dangerous substance offense must report a finding of guilty, an acceptance of a plea of nolo contendere, or a probation before judgement to the employee’s appointing authority within five work days. Employees designated “sensitive” by Towson University are subject to penalties set forth by the Governor’s Executive Order.

Penalties for Substance Abuse

Penalties for Faculty and Staff

Towson University strongly encourages the use of drug rehabilitation programs as an effective measure in creating a drug-free workplace program. However, additional penalties may be implemented up to and including reprimand, suspension, mandatory counseling, mandatory participation in a drug rehabilitation program and/or dismissal. Appropriate university grievance procedures shall be used for each classification of employee.

Consistent with the Governor’s Executive Order 01.01.1991.16 (found at http://www.dsd.state.md.us/comar/01/01.01.1991.16.htm), any employee charged with an alcohol driving offense or a controlled dangerous substance offense must report a finding of guilty, an acceptance of a plea of nolo contendere, or a probation before judgement to the employee’s appointing authority within five work days. Employees designated “sensitive” by Towson University are subject to penalties set forth by the Governor’s Executive Order.

Any individual who has been convicted of a controlled dangerous substance offense on or after January 1, 1991 shall be required to disclose that fact when applying for a license renewal. The licensing authority may refuse to issue the license or impose appropriate conditions on the license, except for noncommercial driver's licenses (Maryland Drug Enforcement Act of 1990).

Maryland law [Art. 27, 8, 286, and 287 Annotated Code of Maryland (1990)] states that persons who manufacture, distribute, dispense or possess a controlled dangerous substance may be subject to imprisonment (length of time varies) and fines ($15,000 and up).

Penalties for Students

In addition to the laws of the University System of Maryland, the State of Maryland and the nation, Towson University students shall be governed by rules referred to as the “Towson University Code of Student Conduct.” Within these campus guidelines, students shall be subject to institutional discipline if they use, possess, distribute or sell illegal drugs and illegally use or abuse alcohol. There may be various penalties applied to the student convicted of misuse of drugs and alcohol, depending on the situation. Individuals are encouraged to use voluntary rehabilitation programs and may be required to receive mandatory counseling and treatment. If a student is suspected by the university police to have violated state and/or federal laws with regard to illegal drugs or use of alcohol, the student will be subject to arrest and criminal prosecution.

All students suspected of substance abuse violations may be referred to the director of Judicial Affairs. The student will be subject to a due process hearing in accordance with institutional disciplinary guidelines. Disciplinary action at the university will normally proceed whether or not criminal charges related to the same incident have been processed and sustained. The university encourages voluntary counseling and may require participation in an approved treatment program.

Where there is evidence that the continued presence of a student on the university campus poses a substantial threat to self, others, or to the stability and continuance of normal university functions, the vice president for Student Affairs, or a designee, may immediately suspend, on an emergency basis, a student from any or all university activities (including university housing programs and class attendance) pending a hearing or medical evaluation. A hearing will be scheduled in a timely fashion to adjudicate the case as swiftly as possible. During the period of emergency suspension, if the student needs access to the campus, arrangements can be made for the student to come to campus, on a limited basis, to attend counseling sessions and/or conduct business, usually with an escort. Such an interim suspension can become effective immediately without prior notice.

The following penalties described herein are in addition to those penalties listed in the section on general procedures and penalties for suspected drug use, possession or sale. The specific penalty prescribed will usually depend on the nature of the alleged violation. Penalties may be administered following a judicial hearing where the suspected offender has been found to be guilty of specific charges. Possible penalties for student violations may include, but are not limited to, the following:

PENALTY ONE: The student user may be subject to referral to a mandatory drug treatment/education program, and/or the termination of the university housing contract, denial of access to university housing halls and social functions. If suspended, permission to return to school will be considered after the period of suspension and a verified report of attendance in a drug treatment/education program. Repeat offenders may be subject to more severe actions.

PENALTY TWO: The student distributor may be subject to referral to a mandatory drug treatment/education program and/or suspension from school. Permission to return to school will be considered after the period of suspension and a verified report of attendance in a drug treatment/education program. Repeat offenders may be subject to more severe actions.

PENALTY THREE: The student conspirator, who brings together the seller and the buyer, may be subject to referral to a mandatory drug treatment/education program and/or suspension. Permission to return to school after the period of suspension will be considered with verified attendance in a drug treatment/education program.

PENALTY FOUR: Greek Organizations that have been found to tolerate drug use, possession and/or sale on the part of their members will be subject to a drug education program for the group.

Maryland law [Art. 27, 8, 286, and 287 Annotated Code of Maryland (1990)] states that persons who manufacture, distribute, dispense, or possess a controlled dangerous substance may be subject to imprisonment (length of time varies) and fines ($15,000 and up).

Recipients of Federal Grant/Contracts/Awards

Any faculty, staff member or student applying 1) for a federal grant/contract in which an in-the-workplace drugfree policy has been required, 2) for a "Pell Grant" or any other student/faculty grant/ award or fellowship in which an in-the-workplace drug-free policy has been required, and 3) for a subcontract with the Department of Defense, will be required to comply in accordance with federal regulations.

1. Each individual must certify in writing to abide by the terms of the Towson University Drug-Free Workplace Policy.
2. Each individual must notify the Office of Sponsored Projects and Research Administration or the Office of Financial Aid of any criminal drug conviction occurring in the workplace, no later than 5 days after conviction.

The university will be responsible for notifying any contracting or granting agency within 10 days of employee notification, otherwise receiving actual notice, of a conviction in (2) above.

If a grant or award is directly made to an individual, rather than the institution, the individual will certify in writing to the institution to not engage in unlawful manufacture, distribution, dispensation, possession or use of any controlled substance in the workplace or while conducting any work activity with the grant/contract, and will abide by the terms of this Towson University Substance Abuse Policy.

Relationship with External Contractors

The university is committed to encourage all non-state entities, who do business with the university or otherwise receive funds from the university, to make a "good faith" effort to eliminate illegal drug abuse from their workplace. Therefore, in accordance with Executive Order 01.01.1991.16, the university shall take whatever action necessary and appropriate to require a drug-free workplace, in accordance with applicable federal and state law, on each recipient of a State contract, grant, loan or other state funding instrument.

Biennial Review

The Towson University Substance Abuse Policy and Program will be reviewed every two years (a) to determine effectiveness and the need to implement change as necessary, and (b) to assure that sanctions developed and implemented were consistently enforced.

Responsibility

The president of Towson University will appoint a campus coordinator for all substance and alcohol abuse programs. This administrator will be responsible to the president for the implementation of this policy and the university's Drug Free Workplace and Drug Free Campus plans. The president shall also hold responsible all faculty, staff and students for supporting the campus coordinator, especially those who occupy positions of leadership and supervision.

"Good Faith" Efforts

Towson University will at all times make a "good faith" effort to maintain a drug-free and substance abuse free workplace and campus through the implementation of this policy.