Office of Human Resources



Drug and Alcohol Abuse Prevention



POLICY:

Utica College prohibits the unlawful possession, use, distribution, or dispensing of drugs and alcohol by Utica College students, employees, and contracted individuals and entities on the Utica College campus or as part of Utica College-sponsored activities. Utica College shall establish and maintain a program to prevent the violation of this policy by students and employees.

Employees are not to report to work or be subject to duty while their ability to perform job duties is impaired due to on or-off duty use of alcohol or drugs. Employees are encouraged to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Employees are encouraged to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help, including the free and confidential Employee Assistance Program (EAP) provided by the College.

Students in need of assistance with or information about drug and/or alcohol abuse are encouraged to call or visit the College’s Academic Support Services Center.

This policy is supported by guidelines outlined in such documents as the College’s Student Handbook and Employee Handbook.

SCOPE:

This policy applies to all Utica College students and employees, as well as individuals and entities under contract with the College.

REASON FOR POLICY:

This policy is designed to ensure compliance with the federal Drug-Free Schools and Communities Act of 1989, as amended, and the Drug and Alcohol Abuse Prevention regulations EDGAR (Education Department General Administrative Regulations) Part 86.

Furthermore, substance and alcohol abuse can be very disruptive, adversely affect the quality of work and performance of students and employees, pose serious health risks to users and others, and have a negative effect on productivity and morale. Utica College is committed to protecting the safety, health, and well-being of all students and employees within the College community.

DEFINITIONS:

Conviction: A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal, state, or local criminal statutes, including the New York State Vehicle and Traffic Law.

Criminal Drug Statute: A federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.

Employee Assistance Program (EAP): A program that delivers a variety of services that help employees resolve personal problems that may adversely impact their work performance, conduct, health, and well-being.

Unlawful: Any act that, after proper adjudication through the legal system, through Utica College’s judicial system, or through the College’s employee disciplinary system, could or does result in a conviction or guilty plea under a criminal drug statute or other federal, state, or local laws relating to drugs and alcohol, or that would hold a student or employee responsible for violating Utica College’s policies on drugs and alcohol consistent with federal, state, and local law.

PROCEDURE:

As mandated by the Drug-Free Schools and Communities Act of 1989 and 34 C.F.R. Part 86, Utica College shall maintain, periodically review, and, as needed, update a program to prevent the unlawful possession, use, or distribution of drugs and alcohol by students and employees. This program will:
  • Establish operational standards of conduct prohibiting the unlawful possession, use, or distribution of drugs and alcohol by students and employees on Utica College property or as part of Utica College activities;
  • Establish the disciplinary sanctions to be applied to students and employees for violations of the standards of conduct. These sanctions may include suspension, expulsion, termination, or referral for prosecution consistent with federal, state, and local law;
  • Identify legal sanctions under federal, state, or local law for the unlawful possession or distribution of drugs and alcohol;
  • Identify the health risks associated with the abuse of drugs and/or alcohol;
  • Identify any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students;
  • Ensure that all other College policies and handbooks are consistent with the provisions of this policy.
In addition, Utica College will annually provide written notification to students and employees regarding:
  • The laws that prohibit the unlawful possession, use, or distribution of alcohol and drugs by students and employees on College property or at College activities;
  • The sanctions that will be imposed on students and employees who violate the College’s standards of conduct;
  • The consequences under federal, state, or local law of unlawful use, possession, or distribution of alcohol or illegal drugs;
  • The health risks associated with drugs and/or alcohol abuse; and
  • Information available for drug or alcohol counseling, treatment, rehabilitation, or re-entry programs.
Written notification will also be provided to new employees and students as needed.

Every two years, the College will review the program set forth in this policy to determine the program’s effectiveness; implement any needed changes; determine the number of drug and alcohol-related incidents and fatalities that occur on the College’s campus or as part of any College-sponsored activities and that are reported to campus officials; determine the number and type of sanctions described above that are imposed as a result of drug and alcohol-related incidents on the College’s property or as part of any College-sponsored activities; and ensure that sanctions for violations are consistently enforced.

The College will create a written report of the biennial review and provide copies of the above information and reviews to the public and to the U.S. Secretary of Education upon request.

RESPONSIBILITY:

It is the responsibility of the Director of Human Resources to oversee the procedures outlined above to ensure compliance with all legal requirements. More specifically, that individual will:
  • Coordinate the College’s program to prevent the unlawful possession, use, or distribution of drugs and alcohol by students and employees as described in the Procedures section above;
  • Evaluate the benefits the College may receive from various aspects of its substance abuse prevention program;
  • Assess the College community’s need for counseling, treatment, rehabilitation, or re-entry programs;
  • Assure that there is in place appropriate training on how to detect and deal with drug and alcohol abuse;
  • Coordinate the biennial review with the Campus Safety Committee, provide that committee with the necessary reports to do so, and maintain a file containing all biennial report reviews;
  • Review the policy on a biennial basis and make any necessary recommendations for change to the Policy Advisory Group.
It is the responsibility of the Vice President for Student Affairs and Dean of Students to work with the Director of Human Resources to carry out this policy’s procedures as they relate to students and to provide the Director of Human Resources with any reports that are required to perform the biennial review.

It is the responsibility of the Campus Safety Committee to review the Director of Human Resource’s biennial reports and provide, in writing, comments regarding the College’s compliance with this policy.

ENFORCEMENT:

Enforcement of Utica College policies is the responsibility of the office or offices listed in the “Resources/Questions” section of each policy. The responsible office will contact the appropriate authority regarding faculty or staff members, students, vendors, or visitors who violate policies.

Utica College acknowledges that College policies may not anticipate every possible issue that may arise. The College therefore reserves the right to make reasonable and relevant decisions regarding the enforcement of this policy. All such decisions must be approved by an officer of the College (i.e. president, vice president for academic affairs, or vice president for financial affairs).

RESOURCES/QUESTIONS:

For information regarding student compliance with this policy, contact the Utica College Office of Student Affairs. For information regarding employee compliance with this policy, contact the Office of Human Resources.

Additional information may be obtained from the Utica College Student Health Center, the College’s Office of Human Resources, the Utica College Student Handbook, the Employee Handbook, and/or Utica College’s Drug-Free Workplace policy.

Please note that other Utica College policies may apply or be related to this policy. To search for related policies, use the Keyword Search function of the online policy manual.


Effective Date:
Unknown
Date Last Revised:
06/11/2010
Revision Promulgation Date:
07/01/2010