This policy describes the University's program to address the awareness needs of students, faculty and staff with regard to the use of illegal drugs and alcohol abuse. It reminds all members of the University community of their responsibilities for maintaining a drug free environment. The statement also describes the minimum penalties which will be imposed for particular categories of drug offenses, based on the Policy on Illegal Drugs adopted by the Board of Governors of the University of North Carolina.
In keeping with efforts to maintain an environment that supports and encourages the pursuit and dissemination of knowledge, it is the policy of The University of North Carolina at Charlotte to consider the use of illegal drugs or alcohol abuse by students, faculty and staff or by others on premises under University control to be unacceptable conduct that adversely affects the educational environment.
To remind students, faculty and staff of their responsibilities for maintaining a drug free environment, this Policy will be distributed throughout the University community each year. Further, the University considers a sound awareness, education, and training program indispensable in combating illegal use of drugs and alcohol abuse, both as a preventive measure and as a remedy. The scope of the University program addresses the awareness needs of students, faculty, administrators, and other staff members and includes the following minimum components.
For the purposes of this Policy, the following definitions apply:
The term “alcohol abuse” is defined as a pattern of alcohol use leading to impairment or distress, including
The term “illegal drug use” is defined as use of those drugs or substances that is prohibited by state or federal law.
It is the responsibility of all students, faculty, and staff to conduct themselves in a way that contributes to an environment free of illegal drug use and abuse of alcohol. In addition, students, faculty and staff are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as "controlled substances" in Article 5 of Chapter 90 of the North Carolina General Statutes, as well as federal law (Drug Free Workplace Act), which prohibits unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace of any employer receiving federal grant funds.
The Director of Wellness Promotion is responsible for designing and carrying out a program of awareness education and training for students on the subject of preventing the illegal use of drugs and abuse of alcohol. The Director of Employee Relations, Training, and Compliance in the Human Resources Department is responsible for awareness education and training programs for faculty and staff members in supervisory positions on the subject of preventing substance abuse.
The Director of the Counseling Center shall, within the limits of available resources, provide services and programs to students seeking assistance with problems of illegal drug use or alcohol abuse. In cases in which the treatment needs of such students exceed the resources of the Center, the Center shall provide referral to appropriate facilities in the community. The Director of Employee Relations in the Department of Human Resources Services shall provide faculty and staff information regarding the University's Employee Assistance Program (EAP), which will offer consultation about alcohol and drug problems and referral to alcohol and drug treatment facilities in the community. The
The University's program emphasizes collaboration with local resources such as the Substance Abuse Prevention Services of the Carolinas, Chemical Dependency Center of Charlotte-Mecklenburg, Mecklenburg County Substance Abuse Services,
The University's awareness, education, and training efforts stress prevention. The goal of these efforts is (l) to encourage non-users of illegal drugs and alcohol to continue to be non-users, (2) to encourage users of alcohol to do so safely and responsibly, and (3) to encourage users of illegal drugs to stop such use.
The use of illegal drugs and the abuse of alcohol are considered by the University to be problems that can be overcome. Therefore, the educational and rehabilitative services cited above are available on a confidential basis. However, the possession, sale, delivery, or manufacture of illegal drugs will not be tolerated on campus or off campus in the event that the interests of the University may be affected.
The University will cooperate fully with law enforcement agencies and will apply appropriate disciplinary procedures should a student, faculty member, or staff member violate criminal statutes with regard to illegal drugs. Violations may subject a student, faculty member or staff member to prosecution and punishment by civil authorities and to disciplinary action by the University. It does not constitute "double jeopardy" for the University to initiate its own disciplinary proceedings for the same offense when the alleged conduct is deemed to affect the interests of the University.
Under federal law, employees convicted of any criminal drug offense occurring in the workplace are required to notify the University by informing the appropriate Vice Chancellor's office no later than five (5) days after such conviction. Disciplinary action and/or participation in a drug rehabilitation/education program as a result of University disciplinary proceedings must commence within 30 days of notice of conviction.
Upon receiving notice of a violation of this Policy, the University will initiate disciplinary procedures applicable to one's status as a member of the University community:
(Minimum sanctions set forth below shall also apply to employees who do not fall in any of the categories above.)
In the event a student is also an employee of the University, the minimum sanctions for employment status as well as student status shall apply.
The use of illegal drugs may result in a variety of sanctions, from written warnings with probationary status to expulsion from enrollment or discharge from employment. However, in accordance with the Policy on Illegal Drugs adopted by the Board of Governors of The University of North Carolina, the following minimum penalties shall be imposed for the particular offenses described:
Manufacture, Sale, or Delivery of Illegal Drugs
Suspension for a minimum period of “one semester or its equivalent” means forfeiture of at least one full semester of academic credit or attendance. Such a sanction may be accomplished either (l) by suspending the student for the unexpired balance of the semester during which responsibility is determined, with attendant loss of all academic credit for that semester, or (2) by placing the student on probation for the unexpired balance of the semester during which responsibility is determined and suspending the student for the duration of the next succeeding semester.
In the case of a faculty member or staff member, suspension for a minimum period of “one semester or its equivalent” means forfeiture of pay for a period of eighteen weeks. Since the current State Personnel Act specifies that disciplinary suspensions cannot exceed two work weeks, offenses for which an eighteen-week minimum suspension is required by the Board of Governors' policy will result in discharge of an employee subject to the State Personnel Act.
When a student, faculty member, or staff member has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor's absence, the Chancellor's designee concludes that the person's continued presence within the University community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter
The use of alcoholic beverages on the University campus is as prescribed in University Policy 706, "Alcoholic Beverages."
University Policy 101.9, "Employee Assistance Program," establishes a free employee assistance service as part of the Department of Human Resources.
Personnel Information Memorandum #18, Drug Free Workplace Reporting Requirements