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Division: Legal Affairs
Classification: GOVERNANCE & LEGAL
Contact Phone Number: 503-838-8809
Contact Email Address: email@example.com
|Drug Free Schools and Communities|
|RESPONSIBLE OFFICER||UNIVERSITY CONTACT|
|Vice President and General Counsel||Office of the General Counsel|
Public Law 101-226, Section 22: Drug-Free Schools and Communities, requires Western Oregon University (WOU) to inform students, faculty, and staff of the university’s standards and sanctions, programs available, health risks associated with, and possible civil penalties involved with the abuse of illegal drugs and alcohol. Public Law 110-315, Section I-120: requires WOU to report statistics on drug and alcohol-related violations upon request as part of biennial review requirement. You may contact any of the following places on campus for more detailed information concerning any aspect of this document: the Vice President for Student Affairs office, the Provost’s office, the Vice President for Finance and Administration office, the Student Health and Counseling Center, the Office of University Housing, the Office of Campus Public Safety, and the Office of Human Resources.
|This policy applies to students, faculty, and staff.|
Vice President for Student Affairs:
U.S. Public Law 101-226, Section 22:
|FULL STATEMENT OF AUTHORITY|
Western Oregon University has committed itself to the education and development of healthy, productive, and responsible individuals. Consistent with this commitment, WOU has established, and will enforce, institutional rules that uphold federal, state, and local laws applicable to alcohol and other drug usage. The university prohibits illegal use of drugs or alcohol by students, faculty, or staff. Federal law does not allow the use of medical marijuana or recreational use of marijuana as legalized by some states. Since WOU must comply with federal law, marijuana use is strictly prohibited in all situations.
In order to promote intelligent decision-making, WOU makes available to students, faculty, and staff basic information and educational programs on the prevention of alcohol and substance abuse. WOU also offers counseling and assistance programs for individuals with problems related to alcohol and substance abuse.
The university considers each member of the academic community a responsible participant in the health and welfare of the community. The university, therefore, expects each community member to adhere to this policy.
The above policy statement reflects WOU’s philosophy concerning the use of alcohol and other drugs as summarized below:
• The university discourages the abuse of alcohol and legal drugs. The university condemns the use of illegal drugs.
• The university values responsible decision-making concerning the use of alcohol and legal drugs.
• The university supports the choice not to drink and upholds that decision as socially acceptable within the academic environment.
• The university does not condone excessive drinking. The university, therefore, considers intoxication an insufficient excuse for misconduct or for infringing on the rights of others.
• The university believes alcohol to be an inappropriate focus of campus social activity.
• The university holds that any use of illegal drugs or the illegal use of alcohol is incompatible with the philosophy and values of the academic community.
Standards of Conduct and Sanctions
Individual use of alcohol must comply with federal, state and, local laws and with residence hall and institutional policies.
1. Standards of Conduct
The university will initiate disciplinary and/or corrective action in response to any student or recognized organization found committing, attempting to commit, or intentionally assisting in the commission of the following forms of prohibited conduct:
a) Possession, consumption, or sale of alcoholic beverages on University owned or controlled property with the exception of approved events that follow the President’s policy on use of alcohol at WOU functions, and including:
• the furnishing of any controlled substance to a minor
• being a minor in possession by consumption or otherwise
b) Possession, consumption, manufacturing, or sale of illegal drugs or any other controlled substance on or off university owned or controlled property.
c) Possession, consumption, sale, or distribution of alcoholic beverages or illegal drugs during the official portion of a University sponsored off-campus event as defined by the faculty or staff advisor.
For the purpose of enforcing the standard, this document defines student as any officially enrolled person at the university. The following sanctions are consistent with the Code of Student Responsibility and changes in the Code apply to this section. The order of sanctions implies neither degree nor severity, nor appropriateness of the sanction(s) to the number or type of violations. Nothing in this section precludes assigning multiple or other sanctions. Possible sanctions include:
1. Mediation: When charges of theft, vandalism, harassment, assault, or other harmful treatment are upheld through the adjudicative process, the student may be assigned to participate in a mediated meeting with the victim.
2. Counseling: A student may be assigned to participate in a counseling intake session and to follow the recommendations of the intake counselor for further counseling sessions.
3. Alcohol/Drug Assessments: A student may be assigned to complete an alcohol and/or drug evaluation and to follow the recommendations of the alcohol/drug counselor for treatment and/or education.
4. Warning: The student or group is given written or verbal warning that his/her/their acts violated specified University regulations or policies and is advised that further violations may result in the assigning of more severe sanctions.
5. Loss of Privileges: The student or group is denied specific privileges normally associated with student or group status, such as participation in recognized activities, use of University facilities or services, or living in University owned student residences.
6. Community Service: The student or group must perform a designated number of hours in service to the community affected by his or her behavior.
7. Restitution: The student or group must replace, restore, or pay for damaged, stolen, or misappropriated property.
8. Disciplinary Probation: The student or group is placed on a probationary status, with or without loss of designated privileges, which may include the following: restriction on an individual's participation in co-curricular activities, receiving recognition through awards, and eligibility for scholarships. Probation is a serious warning. Probation occurs for a specific period of time and/or prior to completion of certain specific activities.
9. Negative Notation on Transcript: There may be an entry of information onto the student's permanent academic record regarding his or her violation of the Code of Student Responsibility. The entry may be permanent or for a specific period and must be noted as such on the transcript. After the expiration of the period of time specified, the notation will be removed upon written request by the student to the Coordinator of Campus Student Conduct.
10. Suspension: The student or group is excluded from the University for a specific period and during that period may not enjoy academic privileges, participate in any University recognized function or group, or be allowed to reside in any University residence hall or building. If it is a group, the group may not function as a recognized group for a specific period of time.
11. Expulsion: The student or group is permanently excluded from the University and may not enjoy academic privileges, participate in any University recognized function, or be allowed to reside in any University residence hall or building.
12. Degree Revocation: The University may revoke a degree if a former student is found to have engaged in academic dishonesty in courses taken leading to the degree, or if the student is found to have engaged in actions that if known at the time the degree was awarded would have made the student unqualified for the degree.
13. Deferred Sanction: The execution of any sanction authorized under this Code may be deferred. When deferring a sanction the following will apply:
(a) Assignment of a time limit for the deferred period;
(b) Notice given that subsequent violations of the Code or failure to comply with an existing sanction will terminate the deferment and result in automatic imposition of the original sanction. In the absence of such violation(s), the original sanction will be deemed completed at the end of the deferred period;
(c) The Coordinator of Campus Student Conduct or other hearing officer will hear allegations of a student's misconduct during the period of his or her deferred sanction within five business days during which the University is in session. The original sanction will take effect at the time the Coordinator of Campus Student Conduct or other hearing officer receives notice of the allegations pending this hearing. The Coordinator of Campus Student Conduct or other hearing officer may render a decision in the absence of the charged student. The original sanction will remain in effect unless the allegations are not upheld; or
(d) A student found in violation of the Code of Student Responsibility during his or her period of a deferred sanction may appeal the finding through this Code's normal appeal process. The sanction will remain in effect until resolution of the appeal.
14. Sanction of Restraint: The student may not knowingly interact with another student or member of the University community specified by the sanctioning person or body. The restriction prohibits the restrained student from purposefully interacting with the protected person, over the phone, over any electronic source, in person, and through the mail. Unless specifically stated otherwise in the sanction, the restriction does not prohibit the restrained student from unintentionally, or out of necessity, being in the same building or vicinity as the protected student (e.g., eating in the Dining Hall, attending the same class). The sanctioning person or body will determine the time limit for this sanction.
15. Suspension of Student Status for Medical or Mental Health Reasons Pending Hearing Procedures: When evidence is received from an appropriate health professional which indicates that a student has a medical or mental health condition which creates a serious and imminent threat to the University community, to the student, or to the educational processes of the institution, the Vice President for Student Affairs will review that evidence and may suspend the student immediately pending a hearing. The hearing must occur within ten business days during which the University is in session. The student may be required to submit to psychological or physical assessment and to authorize release of such records to the Vice President for Student Affairs or other appropriate University officials in order to be re-enrolled in the University.
16. Interim Sanction for Emergency Reasons: The Vice President for Student Affairs, the Coordinator of Campus Student Conduct, or their designee can invoke an interim, pre-hearing sanction when it is deemed necessary for the health or safety of the individual, other students, or University staff or faculty. In such instances where a student is assigned an interim sanction, the student will receive a hearing within ten working days in which the University is in session. Only when it is not possible to schedule necessary witnesses or obtain information significant to the case will the hearing be held more than ten working days in which the University is in session after assignment of the interim sanction. Interim sanctions include the following: (a) Expulsion; (b) Suspension; (c) Restraint; (d) Removal from Residence Halls; or (e) Holding Records.
17. Placement of VP Hold or Judicial Hold: A VP Hold prohibits the student from conducting most forms of business with the University, including receiving grades and sending or receiving transcripts. A Judicial Hold prohibits the student from registering for classes at the University. Holds are intended to be used with a time limit determined by the Coordinator of Campus Student Conduct or designee except in the case of expulsion when the VP Hold will be placed with no date of termination.
18. Other Sanctions as assigned that are deemed appropriate to the educational/developmental nature of this Code and the student(s) involved. Failure by a student to complete the sanctions imposed can result in further judicial action and sanctions being assigned to the student. Appeals of sanctions can be made through the appeal process in the Code of Student Responsibility.
3. Corrective Action
In addition to sanctions listed above, students who violate university standards may be assigned additional corrective measures to facilitate a healthy change in the student’s behavior. Nothing in this section precludes assigning multiple corrective actions. The appropriate judicial body may use corrective actions other than those listed if appropriate. Possible corrective actions include:
a) Attendance at an alcohol awareness meeting(s).
b) After any violation of the Code of Student Responsibility a student may, at their own expense, be required to seek an alcohol evaluation. When this is required, the student must provide verification to the Coordinator of Campus Student Conduct that he or she has received an evaluation and, if the evaluator recommends treatment, that he or she has followed the recommended treatment plan for continuation at the university.
c) Participation in any corrective action does not preclude the assigning of other sanctions listed in II.B.2 above.
d) The university may waive (b) above if, after consultation with Counseling Center personnel, that action is found inappropriate.
The following actions will be taken to monitor behavior relevant to the standard:
a) Witnesses to violation of the drug and alcohol standard are expected to report violations.
b) The Coordinator of Campus Student Conduct will serve as the central collection point for data reports on violations, sanctions, and corrective actions taken relevant to the standard.
C. Faculty and Staff
1. Standards of Conduct
Western Oregon University has committed itself to maintaining a work place free from the unlawful manufacture, use, dispensing, possession, or distribution of alcohol or controlled substances. Unlawful manufacture, use, dispensing, possession, or distribution of alcohol or controlled substances by WOU employees in the work place is prohibited.
Any academic employee convicted of violating a criminal drug statute in the work place must notify his or her supervisor and the Provost no later than five (5) days after the conviction. Any unclassified academic employee convicted of violating a criminal drug statute in the work place must notify his or her supervisor and the Provost or Vice President for Finance and Administration, as appropriate, no later than five (5) days after the conviction. Any classified service employee convicted of violating a criminal drug statute in the work place must notify his or her supervisor and the Vice President for Finance and Administration no later than five (5) days after the conviction.
If a federal agency supports an employee's work, the Provost or Vice President for Finance and Administration will notify the federal agency within ten (10) days after receiving notice of the criminal drug statute conviction. Within 30 days of receiving notification of an employee's conviction of a criminal drug statute, the university will take appropriate personnel action, e.g. require the employee to participate satisfactorily in a controlled substance assistance or rehabilitation program.
Employees found in violation of this policy may be subject to disciplinary sanctions consistent with applicable provisions of state laws and regulations, collective bargaining agreements, and Oregon State Board of Higher Education administrative rules, as well as penalties under federal, state, and local law.
D. Standards during University Sponsored Off-Campus Events
1. A University Sponsored Off-Campus Event is any event in which at least one of the following applies:
a) The university plans the event, or
b) The university pays all, or a part of, the cost of the event, or
c) The university sponsors the event, or
d) The university contributes any type of university owned or leased resources or equipment to the event, or
e) A Western Oregon student, faculty, or staff person represents the university at the event, or
f) The event occurs within a university owned or leased property, or upon or within university owned or leased property, including any type of state vehicle, or
g) The event occurs during the time frame specified on an approved sponsorship form.
This policy (as described in II.D.2 and II.D.3 below) applies only when one or more of the above conditions occurs.
2. Students and Student Groups
Students and student groups who are not accompanied by a faculty or staff advisor may not purchase, consume, possess, or distribute alcohol during any portion of a University Sponsored Off-Campus Event if any of the conditions in II.D.1 apply to the event.
During a University Sponsored Off-Campus Event (see II.D.1), students who are accompanied by a faculty or staff advisor may purchase, possess, or consume alcohol only if the following conditions are met: 1) the individual student is of legal drinking age (this condition must also conform with State of Oregon policy and all federal, state, and local laws) AND 2) the faculty or staff advisor has defined the official event portion of the off-campus event to be concluded OR the event is registered in accordance with the procedures outlined in the WOU policy of Possession and Consumption of Alcoholic Beverages.
3. Faculty and Staff Advisors
Faculty and staff advisors who accompany students or student groups may not purchase, consume, possess, or distribute alcohol during the official event portion of a University Sponsored Off-Campus Event if any of the conditions in II.D.1 apply to the event . The official event portion of a University sponsored off-campus event shall be defined by the faculty or staff advisor.
Faculty and staff advisors who accompany student groups have a unique responsibility to that student group. Though individual students are responsible for their own behavior, the faculty or staff advisor is responsible for informing the members of the student group of the policy pertaining to University Sponsored Off-Campus Events and to report violations of this policy to the Coordinator of Campus Student Conduct.
Exemptions to faculty/staff behavior are included below in Exceptions.
Alcohol and Drug Abuse Programs
A. For Students
Western Oregon University provides an environment for students which maximizes their potential for a drug and alcohol free lifestyle. The university years often span a developmental period during which the establishment of individual coping strategies occurs related to academic, social, physical, and emotional pressures. To assist the student in finding success during this developmental period, and to assist any student concerned about his or her drug or alcohol use, the university provides the following resources:
1. Confidential Counseling
The Health and Counseling Center provides confidential services including:
a) Basic assessment of use level
b) Individual and group counseling
c) Referral assistance for specific assessment or treatment when level of use is abusive
d) Workshops and support groups for adult children of alcoholics
e) Consultation on relationships with friends, roommates, family members, and others who abuse drugs or alcohol
f) Meetings of Alcoholics Anonymous
Contact: Student Health and Counseling Center
Health Educator 503-838-8313
2. Advising and Support
Each student at the university works closely with a faculty advisor. This relationship often reaches a level of trust in which the student can seek assistance for concerns he or she would not reveal to others.
Contact: Assigned advisor or any faculty or staff member with whom you feel comfortable. When possible, schedule appointments during faculty office hours.
3. Off-Campus Resources
Trusted family members, teachers, doctors, counselors, or friends are excellent resources for students if the need arises. The university’s Student Health and Counseling Center also can provide confidential referral information to students.
The university’s surrounding community offers resources found in the yellow pages of the telephone book or online under the following headings:
a) Alcohol and Drug Helplines 1-800-621-1646
b) Counselors - See phone listing
c) Social Service Organizations - See phone listing
d) Polk County Mental Health 503-623-9289
e) Alcoholics Anonymous groups meet regularly in the community. The university’s Counseling Center provides information on meeting times and locations of this and other support groups.
f) Most health insurance policies, including student health insurance, have some coverage for assistance and rehabilitation.
B. For Employees
The university supports programs for the prevention of alcohol and controlled substance abuse by university employees, as well as assistance programs for those with problems related to the abuse of alcohol and other drugs. Employees found in violation of this policy may be required to provide evidence of satisfactory participation in a substance abuse assistance or rehabilitation program. Employees can seek assistance for alcohol and controlled substance dependency problems through the university Employee Assistance Program. Evaluation, counseling and referral services are available to employees through this program. The program provides assistance on a confidential basis. The health benefit packages available to all university employees provide at least partial reimbursement for treatment and rehabilitation associated with substance abuse problems. In addition, employees can attend training sessions presented by the Office of Human Resources regarding drug and alcohol dependency and recognition of drug and alcohol abuse. Contact the Office of Human Resources for more information.
Curricular and Co-curricular activities, events, and programs at WOU
1. HE 445/545, Best practice in ATOD (alcohol, tobacco, and other drugs) and Sexuality Education, an upper division/graduate level course for health education majors.
2. Inclusion of a substance abuse component in PE 131, Individual Health and Fitness, a required course for all WOU undergraduate students.
3. Content of selected courses has been infused with information and experiences necessary to meet student needs.
For more information, contact the Provost’s office 503-838-8271.
1. Residence Life
a) Educational Programming - Resident Assistants and Hall Government plan educational programs for their communities concerning alcohol and drug use. Examples include “mocktail” parties, videos with discussion, panel presentations, speakers, et cetera.
b) Alcohol Awareness Program- This program occurs every fall term on our campus to raise awareness about alcohol use and abuse. The residence hall staff and the Residence Hall Association plan residence hall and campus-wide programs. Examples include a MADD presentation, student speakers who have gone through alcohol or drug treatment, speakers from Alcoholics Anonymous, films, and videos.
For more information, contact the Office of University Housing, 503-838-8311.
2. Student Health and Counseling Center
a) The Center sponsors a number of drug and alcohol awareness programs, both campus-wide and in the Residence Halls.
b) The annual Health Fair includes numerous drug and alcohol educational activities.
c) The Center loans books related to alcohol and other drugs.
For more information, contact the Student Health and Counseling Center, 503-838-8313.
3. Campus Public Safety Program
The Campus Public Safety office is available to provide alcohol and drug workshops during the academic year as part of the Crime Prevention Program. The residence hall program provides workshops usually open to the entire university community. Programs focus on alcohol/drug awareness and responsible social interaction for students. Workshop notices are published in advance.
For more information, contact the Office of Campus Public Safety, 503-838-8481.
C. Faculty and Staff Offerings
1. Substance abuse, supervisor’s role - A workshop for supervisors concerning their role in being aware of and handling employees identified as having problems related to substance abuse.
2. Substance abuse, employee’s role - A workshop on substance abuse for employees which enables them to (a) work toward resolution of a personal problem once they have identified it and (b) effectively deal with a problem that they have recognized in a fellow employee.
For more information, contact the Office of Human Resources, 503-838-8490.
Applicable Legal Sanctions Under Federal, State, or Local Law for Unlawful Possession, Use, or Distribution of Drugs and Alcohol
A. Federal, state, and local laws are complex regarding penalties for possession, distribution, and use of controlled substances. However, the absolute minimum penalty is a $500 fine for possession of some “less dangerous” drugs. From that minimum, as the severity of the offense increases, the penalties increase up to a $375,000 fine and life in jail.
B. A conviction for a minor in possession of alcohol carries with it a fine up to $250 with more serious offenses, such as providing alcohol to minors, carrying more severe penalties. The penalty for providing alcohol to minors can range from a $350 fine to a $1000 fine, a year in jail, and community service. The most severe penalties result from accidents or incidents in which involve intoxicated participants. This category also includes those who may have supplied the alcohol to participants. (Reference: ORS 471.410, ORS 471.430)
For health risks associated with drug and alcohol abuse see relevant documents and links section
The president of the university may permit the service of alcohol on university property or authorize consumption by an employee for purposes of employment, e.g., WOU Foundation events. Exceptions are for specific purposes and do not release the event sponsor from conforming to all other aspects of the WOU policy of Possession and Consumption of Alcoholic Beverages and all federal, state and local laws. A request for an exception should be submitted to the president a minimum of 30 days in advance of the event following the procedure outlined in the Possession and Consumption of Alcoholic Beverages policy.
|REFERENCED OR RELATED POLICIES|
|RELEVANT DOCUMENTS AND LINKS|
EFFECTIVE DATE: 02/01/1998
LAST UPDATED: 08/11/2016
HISTORICAL DETAIL NOTES:
SOURCE: Previously Referred to as: PRE-VPSA-003
|FOR POLICY WEBSITE INPUT (public audience keyword search)|
|alchohol, drugs, substance use|