|
Administrators should exercise extreme caution in all matters relating to
drug and alcohol policies. They should assure that procedures are carefully
followed and that substantial evidence from reliable sources supports a
decision to confront a student or an employee concerning a possible violation.
The appropriate administrator will contact the Office of General Counsel
and secure their advice before taking any action regarding testing.
| 1. |
GENERAL |
| |
| 1.1 |
Texas A&M University-Corpus Christi
is committed to a campus wide plan to educate students and
employees about alcohol and drug issues, deter the irresponsible
use of alcoholic beverages, and prohibit the unlawful manufacture,
use, possession or distribution of controlled substances.
The University will act to ensure compliance with all local,
state and federal laws and System policies dealing with controlled
substances, illicit drugs, and use of alcohol. |
| 1.2 |
To implement an effective alcohol
and drug abuse prevention plan, the University will use both
formal and informal channels of communication to:
| (l) |
Disseminate information describing patterns
of addiction and the physical, mental, and emotional
consequences that result from the abuse of alcohol and
controlled/illegal substances. |
| (2) |
Distribute information that describes
and encourages the use of counseling and treatment modalities
available to both students and employees in the local
and regional area. |
| (3) |
Make available to the campus population
referrals to local treatment centers and counseling
programs. These referrals will be made within a supportive,
confidential and non-punitive environment under the
auspices of the University Health Services, Counseling
Center, and/or Human Resources. |
|
|
| 2.
|
DEFINITIONS
System Regulation 34.02.01, Drug and Alcohol Abuse and Rehabilitation
Programs, provides definitions for terms such as drugs or other
controlled substances, alcohol, alcohol abuse, conviction, reasonable
suspicion, criminal drug statute, and sanctions. Please
refer to the regulation for these definitions.
|
| 3. |
LEGAL REQUIREMENTS CONCERNING
THE USE OF ALCOHOL
| 3.1 |
Any use of alcoholic beverages
on campus or at University functions is subject to the alcoholic
beverage laws of the State of Texas. These laws prohibit:
| ( l) |
the purchase, consumption, or possession
of alcohol by a minor |
| (2) |
the purchase of alcohol for
a minor; furnishing alcohol to a minor |
| (3) |
misrepresentation of age by a minor |
| (5) |
driving while intoxicated |
| (6) |
consumption of alcohol while
operating a motor vehicle (open container law) |
|
| 3.2 |
Additionally, state law prohibits the sale of
any type of alcoholic beverage unless the seller possesses
a valid license or permit. The term “sale” is broadly
interpreted by law enforcement authorities to include such
practices as charging admission to events when alcohol is
being served. In addition, tickets, activity fees, membership
dues, or other exchanges that are in any way restrictive,
are viewed as indirect payment for alcoholic beverages and
are, therefore, illegal unless the alcohol is obtained through
a valid liquor license. |
|
| 4. |
UNIVERSITY RULES CONCERNING THE USE OF ALCOHOL ON
CAMPUS
| 4.1 |
The following rules apply to all
persons on campus: |
| |
| 4.1.1 |
The University prohibits the use or possession
of alcoholic beverages on campus by any individual under
the age of 21. Failure to comply with this rule violates
state law and the rules governing student conduct, and
will subject the individual to disciplinary action. |
| 4.1.2 |
The possession or use of alcoholic beverages
on University property will not be permitted except
in special use buildings and facilities as may be designated
by the President, approved by the Chancellor, and subsequently
reported to the Board of Regents. The authorized locations,
and the restrictions that apply, include the following:
| Building or Area |
Limitations/Requirements |
| Blucher Institute |
Receptions and meals
Presidential permission
Age 21 or greater |
| Faculty Center Atrium |
Receptions and meals
Presidential permission
Age 21 or greater |
| Miramar Apartment Clubhouse |
Receptions and meals
Permission of Vice President for Student Affairs
Age 21 or greater |
| Chapman Conference Room
(Corpus Christi Hall) |
Receptions and meals
Presidential permission
Age 21 or greater |
| Field House |
Receptions and meals
Presidential permission
Age 21 or greater |
| Weil Gallery |
Receptions and meals
Presidential permission
Age 21 or greater |
| University Center |
Receptions and meals
Permission of Vice President for Student Affairs
Age 21 or greater |
In addition, students of lawful age under Texas Statutes
may be permitted to possess and/or consume alcoholic beverages
in the privacy of their rooms or apartments in the campus
residence halls. However, residence hall occupants and
their guests must comply with state and local statutes
concerning possession, sale and consumption of alcoholic
beverages. Any use of alcoholic beverages should be in
moderation, to ensure residents’ rights to privacy,
sleep and study within their rooms or apartments. Loud
or disruptive behavior, interference with cleanliness
of the residence halls, or drinking habits that are harmful
to the health or education of an individual or those around
her/him are reasons for appropriate disciplinary action
by the University. |
| |
|
| 4.1.3 |
Except as noted above, the
possession of open containers and consumption of beer,
wine and/or distilled spirits is prohibited in all public
areas of the campus. For the purposes of this rule,
residence hall balconies and patios are considered public
areas. Although students of lawful age may possess and
consume alcoholic beverages in the privacy of their
rooms or apartments, all alcoholic beverages transported
through public areas on the University grounds and in
the residence halls must be unopened and concealed. |
| |
|
| 4.1.4 |
Any purchase of alcoholic beverages
by a unit of the University must comply with System
Policy 34.03, Purchase, Service and Consumption of Alcoholic
Beverages, and System Regulation 34.03.01, Funding Sources
for Alcoholic Beverage Purchases. |
| |
|
| 4.1.5 |
Any recognized student organization
that plans to include alcohol at an official function
off campus must obtain the permission of the Director
of Student Activities. Failure to comply with this requirement
may result in the revocation of official status. |
| |
|
| 4.1.6 |
Islander Athletics has specific
procedures relating to the inappropriate use of alcohol
by intercollegiate athletes. See the Islander Athletics
Policies Manual for details. |
|
| 4.2 |
Additional rules applying specifically
to employees will be discussed later in this document. |
|
| 5. |
UNIVERSITY RULES REGARDING THE USE OF DRUGS |
| |
| 5.1 |
All members of the University community
are expected to abide by state and federal laws pertaining
to controlled substances and illicit drugs. Standards of conduct
strictly prohibit the unlawful manufacture, distribution,
possession or use of controlled substances or illicit drugs
on University property, at University-sponsored activities,
and/or while on active duty. Individuals may use prescriptive
medications that are medicinally necessary and prescribed
for them by a licensed physician. |
| |
|
| 5.2 |
Students or employees found violating the drug
rules will be subject to the disciplinary measures of all
pertinent local, state and federal statutes. In addition,
the disciplinary procedures outlined in the Student Handbook,
Faculty Handbook, University Rules, Islander Athletics
Policies Manual and other relevant University publications
will be enforced. Sanctions may include completion of an appropriate
rehabilitation or assistance program, expulsion from school
or termination from employment, other disciplinary action,
or referral to authorities for prosecution. |
| |
|
| 5.3 |
In compliance with the Drug-Free
Workplace Act of 1988, the Drug-Free Schools and Communities
Act Amendments of 1989, and System policy, the University
is committed to provide and maintain a safe and healthy workplace
for learning and work. Drug abuse will not be tolerated. |
|
| 6. |
RULES SPECIFICALLY RELATED TO EMPLOYEES
| 6.1 |
A copy of the University’s drug
and alcohol rules will be provided to each employee on or
before the first day of employment. The University may require
that the employee sign an acknowledgment of receipt of the
rules. The signed statement will be kept on file. |
| |
|
| 6.2 |
Employees are prohibited from using
or being under the influence of controlled substances during
working hours, except for the legal use of a controlled substance
prescribed by a licensed physician, which will be used only
in the manner, combination and quantity prescribed and which
will only be used by the person for whom it is prescribed. |
| |
|
| 6.3 |
Any employee whose off-duty use of
alcohol, drugs or other controlled substances results in absenteeism,
tardiness, impairment of work performance, or is the cause
of workplace accidents, will be referred to an assistance
program and may be subject to discipline (up to and including
discharge) if he or she rejects participation in the program. |
| |
|
| 6.4 |
Employees whose work-related performance
gives cause for reasonable suspicion of use or possession
of alcohol or a controlled substance may be subjected to testing
for the substance in accordance with System Regulation 34.02.01.
A refusal to submit to a test, combined with a reasonable
suspicion of usage, may be a sufficient basis for termination. |
| |
|
| 6.5 |
Any disciplinary action will be governed
by the University and System policies on discipline and dismissal
and on tenure. A record of the action will be placed in the
employee’s personnel file. |
| |
|
| 6.6 |
As a condition of employment, employees
on government grants or contracts must abide by the required
notification statement and must report any criminal drug statute
conviction for a violation occurring in the workplace or on
University business to their employer no later than five days
after such conviction. The employer, in turn, must so notify
the contracting federal agency within 10 days after receiving
notice from an employee or otherwise receiving actual notice
of such conviction, and within 30 days must impose sanctions
on the employee involved. Such sanctions may take the form
of personnel actions against such an employee, up to and including
termination or requiring the employee to satisfactorily participate
in an approved drug abuse assistance or rehabilitation program. |
| |
|
| 6.7 |
Faculty members have the responsibility
to supervise student activities on field trips. Faculty members
should inform students that actions violating state laws,
local regulations, and University rules regarding alcohol
and drugs will not be permitted on any University field trip.
Students who violate these guidelines regarding alcohol and
drug use on field trips will be subject to disciplinary action. |
|
| 7. |
DRUG AND ALCOHOL ABUSE PREVENTION
PROGRAM
| 7.1 |
Texas A&M University-Corpus Christi
will establish or participate in an alcohol and drug-free
awareness program to inform students and employees about:
(1) the dangers of alcohol and drug abuse; (2) the System
policy of maintaining a workplace and learning environment
free from alcohol and drug abuse; (3) any available alcohol
and drug counseling, rehabilitation, and employee assistance
programs; and (4) the penalties that may be imposed upon students
and employees for alcohol and drug abuse violations. |
| |
|
| 7.2 |
Student Services offices will work with other
offices, such as Human Resources and the University Police,
to create an effective program. Drug and alcohol abuse prevention
measures will include, but are not limited to:
| (l) |
The distribution of relevant printed
materials to all students and employees, as explained
below in 7.3. |
| (2) |
The posting of current, relevant printed
material concerning the prevention of drug/alcohol abuse
in the residence halls, the Student Center, the employee/
faculty lounges, and other locations. |
| (3) |
The posting of current, relevant printed
material concerning the prevention of drug/alcohol abuse
in the residence halls, the Student Center, the employee/
faculty lounges, and other locations. |
| (4) |
The development of evaluation/assessment
methods to identify drug and alcohol issues among the
students and employees, as well as the efficacy of current
policies. |
| (5) |
The distribution of relevant information
on drug use to students and employees through Health
Services, the Counseling Center, and Human Resources. |
| (6) |
The development of informal small-group
inquiry and information sessions in the residence halls
to encourage peer support and peer counseling for residents. |
|
| 7.3 |
As part of the drug and
alcohol prevention program, the University will distribute
annually to each employee and to each student:
| (l) |
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 the University’s property or as part of any
University activity. |
| (2) |
a description of the applicable legal
sanctions under local, state, or federal law for the
unlawful possession or distribution of illicit drugs
or alcohol. |
| (3) |
a description of the health risks associated
with the use of illicit drugs and the abuse of alcohol. |
| (4) |
a description of any drug or alcohol
counseling, treatment, or rehabilitation or re-entry
programs that are available to students or employees. |
| (5) |
a clear statement that the University
will impose disciplinary sanctions on students and employees
(consistent with local, state and federal law), and
a description of those sanctions, up to and including
expulsion from school or termination from employment
and referral for prosecution, for violations of the
standards of conduct. A disciplinary sanction may include
the completion of an appropriate rehabilitation program. |
| (6) |
a description of the institution’s
drug/alcohol abuse prevention and intervention program,
if applicable, including alternative support, education
and re-entry programs for students who are expelled
as a result of violating standards required by these
minimum requirements. |
|
| 7.4 |
The University will conduct a biennial
review of its drug and alcohol abuse prevention program to
(1) determine its effectiveness and implement changes if needed
and (2) ensure that sanctions are consistently enforced. |
| |
|
| 7.5 |
Texas A&M University-Corpus Christi
will have available for review by the Secretary of Education,
or designee, other applicable government agencies, and the
general public, if requested, copies of all documents distributed
to students and employees under the drug and alcohol abuse
prevention program and also copies of the biennial review. |
| |
|
| 7.6 |
The University shall certify the
availability of a drug abuse prevention program for officers,
employees and students of the institution, as required, under
20 USC, Section 1094. |
|
| 8. |
SUSPICION OF USAGE (EMPLOYEES)
Administrators or supervisors seeking advice on appropriate responses
to possible violations of alcohol or drug rules by employees may
consult with the Human Resources Office and/or System General Counsel.
A discussion of general procedures follows.
| 8.1 |
If a supervisor reasonably suspects
that usage of a controlled substance, illicit drug or alcohol
has affected an employee’s job performance, the supervisor
will immediately notify the appropriate department head, or
other designated administrator. Upon direction, the supervisor
or other designated administrator will discuss with the employee
the suspected alcohol or drug-related problems. The employee
should be advised of any available alcohol and drug counseling,
rehabilitation, or employee assistance programs, and the terms
of any applicable disciplinary sanctions. Prior to imposing
any disciplinary action, supervisory or administrative personnel
should consult with the Human Resources Office. If requested,
that office will provide assistance in referring the employee
to appropriate local community agencies. |
| |
|
| 8.2 |
The Human Resources Office can provide employees
with information on community resources and can provide referrals.
These guidelines apply to referrals:
| (l) |
The employee is responsible
for any cost/fees incurred for professional services
provided by community agencies. |
| (2) |
To the extent possible, information
concerning an employee’s diagnosis, referral and
treatment will be kept strictly confidential. |
| (3) |
The rights of employees will
be assiduously respected by all administrative and supervisory
personnel. Employee rights are delineated in the Faculty
Handbook, University Rules, and other University publications. |
|
| 8.3 |
All meetings between the employee
and the supervisor or other designated administrator to address
the suspected alcohol or drug-related problem and/or its resolution
will be documented in a memorandum to the record and filed
in a sealed envelope marked confidential in the employee's
personnel file. |
| |
|
| 8.4 |
Should discussions and/or participation
in any available alcohol or drug counseling, rehabilitation,
or employee assistance program fail to resolve the suspected
alcohol or drug-related problems, or should the employee fail
to meet the terms of any applicable disciplinary sanctions,
the employee may be subject to disciplinary action up to and
including termination, or a chemical screening may be required. |
|
| 9. |
SUSPICION OF USAGE (STUDENTS)
| 9.1 |
Students suspected or found in violation
of university drug and alcohol policies, rules and regulations
will be notified in writing to appear for a hearing with the
Office of Student Affairs. Procedures for hearings are outlined
in the Student Code of Conduct and/or Student Handbook. Procedures
for intercollegiate athletes who have demonstrated a reasonable
suspicion of drug use are outlined in the Islanders Athletics
Policies Manual. |
| |
|
| 9.2 |
Students will be advised of available alcohol
and drug counseling at the University Counseling Center and/or
referred to a community organization. The University Counseling
Center and the University Health Services can provide assistance
and referral to appropriate local community agencies. The
following guidelines apply to referrals:
| (l) |
The student is responsible for any cost/fees
incurred for professional services provided by community
agencies. |
| (2) |
To the extent possible, information concerning
a student’s diagnosis, referral and treatment will
be kept strictly confidential. |
| (3) |
Student rights are delineated in the
Student Handbook and other University publications.
The rights of students will be assiduously respected
by all administrative and supervisory personnel. |
|
| 9.3 |
Sanctions for violations of drug or alcohol
rules, policies and regulations may include expulsion, suspension,
probation, and/or a letter of reprimand. |
|
| 10. |
RULES AND PROCEDURES FOR TESTING (SCREENING)
| 10.1 |
System Regulation 34.02.01 discusses
the rules and procedures for testing employees suspected of
usage, including employees in sensitive positions under Department
of Defense contracts. Please refer to Regulation 34.02.01
for specific information. The decision to require a chemical
screening for an employee whose work patterns create a suspicion
of usage must be reviewed with legal counsel before the screening. |
| |
|
| 10.2 |
The University will comply with Department of
Transportation rules requiring routine testing of employees
who drive certain types of vehicles. The Department of Transportation
alcohol testing rules apply to entities that employ (1) drivers
of motor vehicles carrying more than 15 passengers; (2) drivers
of trucks weighing more than 26,000 pounds; and/or drivers
of any size motor vehicle used to transport material considered
hazardous under the Hazardous Materials Transportation Act
and required to be placarded under the Hazardous Materials
Regulations. |
| |
|
| 10.3 |
Rules and procedures related to testing of students
may be developed by the University and approved by System
General Counsel. Drug screening procedures for intercollegiate
athletes are outlined in the Islanders Athletics Policies
Manual. |
|
Contact for Interpretation: Executive Vice President for Finance and
Administration This rule replaces University Rule 34.02.99.C1 and University Rule 2.3.10. |