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Executive Policy 11.201 Executive Policy 11.201



Title

Illegal Drugs, Alcohol and Substance Abuse

Header

Executive Policy Chapter 11, Miscellaneous
Executive Policy EP 11.201, Illegal Drugs, Alcohol and Substance Abuse
Effective Date:  October 2014
Prior Dates Amended:  September 1990
Responsible Office:  Vice President for Administration
Governing Board of Regents Policy: N/A
Review Date:  August 2019

I. Purpose

The purpose of this policy is to establish the University's values and its expectations of all faculty, staff, and students regarding substance abuse and, in particular, the use of illegal drugs; and to comply with the Drug-Free Schools and Communities Act Amendments of 1989, and the Drug Free Workplace Act of 1988, as may be amended from time to time, which set forth requirements for continued receipt of federal funding.

II. Definitions

A. “Addiction" means a compulsive physiological need for an illegal drug;

B. “Alcohol or Alcoholic Beverage” includes liquor, brandy, malt liquor, whiskey, rum, gin, okolehao, sake, beer, ale, wine, or any beverage containing one-half of one percent or more of alcohol by volume.

C. “Controlled substance” is defined as any drug listed in schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. 812) and chapters 329 and 712, Hawai‘i Revised Statutes.

D. "Conviction" means 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 the federal or state criminal drug statutes;

E. "Criminal drug statute" means a criminal drug statute involving manufacture, distribution, dispensation, use or possession of any illegal drugs;

F. "Employee" means any person, including a student, who is employed in a permanent or temporary capacity on a full or part-time basis;

G. "Federal contract or grant" means an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a federal agency directly to the University, and all block grant and entitlement grant programs;

H. "Illegal drugs" means a controlled substance in schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. 812), and any other illegal or controlled substance as defined in chapter 329, Hawai‘i Revised Statutes, provided the term "illegal drugs" shall not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law; and

I. "Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society.

III. Executive Policy

The University can best achieve its mission by creating a supportive working environment in which individuals encourage one another to pursue excellence in their professional and personal lives.  Students, faculty and staff share a responsibility to help one another by learning to recognize the signs and behaviors associated with substance abuse and addiction, and by encouraging those with such problems to seek appropriate help and rehabilitation.  Once an individual has undergone treatment for substance abuse or addiction, the University should extend support and encouragement during the recovery phase.

The University expects lawful behavior by students, faculty and staff during their presence on University premises and at University events.  Within the constraints of its mission, the University encourages cooperation with law enforcement agencies in enforcing statutes regarding the use of illegal drugs.

Substance abuse interferes with the physiological and abstract processes through which mental activity occurs and with social behaviors required for research and learning.  Consequently, the University expects that students, faculty and staff will carry out their responsibilities free of any substance abuse.

A. University Expectations Regarding Substance and Alcohol Abuse and Illegal Drugs

    1. Students, faculty and staff are expected to perform their duties free of intoxication by any illegal drugs or alcohol.

    2. Students, faculty and staff are expected to observe laws regulating illegal drugs and may be subject to investigation and/or prosecution for illegal drug use.

    3. Faculty, staff, and students are not permitted to manufacture, distribute, possess, use, dispense or be under the influence of illegal drugs as prohibited by state and federal law, at University-sponsored or approved events or on University property or in buildings used by the University for education, research and recreational programs.

    4. Students, faculty and staff are expected to share responsibility for the well-being of each other, for recognizing the behaviors associated with substance abuse, and for encouraging those in need to seek assistance or treatment.

    5. The University community should expect support services and supportive attitudes by its members for students, faculty and staff reentering the community after treatment for or during recovery from substance abuse.

    6. The University expects its students, faculty and staff to share responsibility for preventing substance abuse and addiction and for providing education about the subject through studies, research and special programming.

    7. The University should expect to assume a leadership role in the acquisition and transmission of knowledge related to substance abuse and addiction, and to collaborate with the broader community in activities related to prevention of drug abuse including training of professional workers in this area.

    8. The University recognizes that substance abuse is a complex problem that is not easily resolved solely by personal effort and may require professional assistance and/or treatment. Students, faculty and staff members with substance abuse problems are encouraged to take advantage of available diagnostic, referral, counseling and prevention services. The University will not excuse misconduct by employees and students whose judgment is impaired due to substance abuse.

B. Applicability

    This policy applies to all members of the university community including students, faculty, and staff.

C. Drug-Free Schools and Communities Act Amendments of 1989

    Each campus shall be responsible for a biennial review of its program to determine its effectiveness and implement changes if they are needed; and to ensure that the disciplinary sanctions are consistently enforces.  Each campus shall also be responsible for preparing and submitting any reports required by the Act.

D. Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

    Chancellors and vice presidents are responsible for addressing drug, alcohol, or substance abuse issues in accordance with the provisions of the ADAAA by affording employees the protections provided by the Act.


E. Illegal Drugs and Substance and Alcohol Abuse Prevention Program

    The Office of Human Resources, in consultation with the Associate Vice President for Student Affairs, is responsible for updating and distributing the annual notification to all employees.  The Office of the Executive Vice President for Academic Affairs, through the Associate Vice President for Student Affairs, is responsible for distributing the annual notification to all students.  Such notification shall be in compliance with the provisions of the Drug-Free Schools and Communities Act Amendments of 1989, and any subsequent amendments.  Chancellors and vice presidents shall assist with notification to employees and students when needed.  The annual notice shall include:

    1. 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 its property or as part of any of its activities;

    2. A description of the applicable legal sanctions under local, State, or federal law for the unlawful possession or distribution of illicit drugs and 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 employees or students; and

    5. A statement concerning disciplinary sanctions which will be imposed for violations of the standard of conduct required in paragraph 1 in accordance with the applicable collective bargaining agreement or Student Conduct Code.

F. In accordance with the requirements of the Drug Free Workplace Act of 1988, the Vice President for Research and Innovation, in cooperation with the Office of Human Resources and the chancellors, shall see to it that:

    1. All employees engaged in the performance of a federal contract or grant are provided a copy of this policy;

    2. All such employees agree, as a condition of employment, to abide by this policy and further to notify the University within five days of any conviction for a criminal drug statute offense occurring in the workplace;

    3. The University shall inform the federal agency making the procurement or grant of all such convictions within 10 days of learning of same; and

    4. Within thirty days after receiving notice from an employee of a conviction under subparagraph F.2. above, the University shall (a) take appropriate personnel action against such employee, up to and including termination; or (b) require such employee to satisfactorily participate in a drug abuse or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

G. General Provisions

    1. Substance abuse or the use of illegal drugs shall not provide an excuse for work related performance that is deemed unsatisfactory.

    2. Consistent with its mission, the University will cooperate with law enforcement agencies responsible for enforcing statutes related to the use of illegal drugs.

    3. The University actively encourages employees and students who are engaged in substance abuse to seek appropriate help and treatment. Employees/students who undergo such treatment will be provided with a positive and supportive work/learning environment.

    4. As opportunities present themselves, appropriate units of the University are called upon to collaborate with the community-at-large on ways that the resources of the University may be used to assist in addressing substance and alcohol abuse problems outside the University.

IV. Delegation of Authority

There is no policy specific delegation of authority.

V. Contact Information

Subject Matter Experts
 Debra Ishii
 debrai@hawaii.edu
 956-6855
 
 Brenna Hashimoto
 hbrenna@hawaii.edu
 956-3950
Office of the Vice President for Administration
www.hawaii.edu/
(808) 956-6405

Office of the Executive Vice President for Academic Affairs
www.hawaii.edu/
(808) 956-7075

VI. References

A. Drug-Free Workplace Act of 1988

B. Drug-Free Schools and Communities Act Amendments of 1989

C. Americans with Disabilities Act Amendments Act of 2008

D. Equal Employment Opportunity Commission ADA Interpretive Guidance

E. Hawai‘i Revised Statutes, Chapter 329, Uniform Controlled Substances Act

F. Hawai‘i Revised Statutes, Chapter 721

VII. Exhibits and Appendices

No Exhibits and Appendices found

Approved

    Signed    
    David Lassner    
    October 31, 2014    
    Date    
    President

Topics

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