Drug-Free Schools and Campuses Regulations

I.  Applicable University, State and Federal Regulations

Drugs
Montclair State does not condone the medically unsupervised use, possession, sale, manufacture, or distribution of drugs that are illegal.

When such activity occurs on campus, MSU shall initiate appropriate measures, which may include disciplinary action. When such activity occurs off campus, Montclair State nevertheless may consider initiating disciplinary action if the University determines that the activity has a substantial adverse effect upon the University or upon individuals of the University community. In addition, such matters may be reported by the University to the appropriate law enforcement authorities.

All recipients of assistance under the federal Pell Grant program will be required to complete the following statement as part of the award process "I (student name) certify that, as a condition of my Pell Grant, I will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the period covered by my Pell Grant."

Since involvement with drugs may be associated with medical and psychological problems, students and others with drug problems may be referred to Counseling and Psychological Services. Students should be aware that Montclair State continually develops and offers programs and courses on drug education and prevention. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based on ability to pay.

Alcohol
University policy related to possession and consumption of alcoholic beverages grows out of two principles: (1) the laws of the State of New Jersey must be strictly enforced and (2) any consumption must occur within a social framework wherein beverages are not the focus of the event.

Students and others with alcohol abuse problems should be aware that they may be referred to Counseling and Psychological Services for referral and/or counseling information. In addition, a series of programs and courses on alcohol are offered by the University. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based upon ability to pay.

All applicable state and municipal penalties will be imposed by the appropriate municipal county of State court. In addition to Municipal and State penalties, there are Montclair State conduct outcomes for offenses committed. The Dean of Students/University Conduct Officer will be notified of all offenses and will initiate action as outlined in the University Code of Conduct.

Sale, Possession, Distribution, and Consumption
In New Jersey the sale of alcoholic beverages is expressly forbidden to individuals under age 21. Furthermore, sale is prohibited unless under the authority of a license or permit. Sale of alcoholic beverages on the Montclair State University campus will be limited to those of legal age, and further restricted to those university premises so licensed by the state of New Jersey or eligible for Alcoholic Beverage Commission Special Permits.

Because a majority of Montclair State University students cannot legally consume alcohol, the sale and/or consumption of alcoholic beverages is permitted only in those areas and at those times when special permission has been obtained from the appropriate administrative office on campus and the state of New Jersey.

Residence Halls and Hawk Crossings
No alcohol will be permitted in any of the residence halls or Hawk Crossings, including residents' rooms and common areas such as lounges and recreation rooms. Residents are held directly responsible for the conduct of their guests.

The Village at Little Falls Apartments
Alcohol possession and consumption is permitted only in the Village at Little Falls apartments where all residents are of legal drinking age and where there are no guests who are not of legal drinking age and only inside the apartments. No deliveries of alcohol (including kegs) are permitted at the Village at Little Falls Apartments. Residents are held directly responsible for the conduct of their guests.

Summation of State Laws Pertaining to Alcohol
N.J.S. 33:1-2 makes it unlawful to directly or indirectly sell alcoholic beverages to any person of any age without a license or special permit issued by the New Jersey Alcoholic Beverage Control Commission. Sale is construed to include admission charges, the sale of cups, the sale of tickets, and/or the acceptance of donations.

N.J.S. 2C:33-17 Making any alcoholic beverage available to a person under the legal drinking age, in public or private, without an adult parent or guardian present and consenting, is punishable by a fine of $1,000 and/or up to six months in jail.

Note: It is NOT A DEFENSE to any of the above charges that the accused believed the person to be of legal drinking age, EVEN if that belief was reasonable. The only available defense is based on the presentation of a photographic identification card or driver license, issued by a state.

N.J.S. 2C:33-15 provides for MINIMUM fine of $500, suspends or postpones driving privileges for six months and requires participation in an Alcohol Education Program for any person under the legal drinking age to possess, in any public place, any alcoholic beverage, regardless of whether or not the container is sealed.

N.J.S. 39:4-50 provides for a MINIMUM $200 fine for any operator or passenger in a motor vehicle found to be in possession of any open container of an alcoholic beverage, regardless of his/her age.

N.J.S. 33:1-81 makes it an offense, punishable as outlined below, for:

1. a person under the legal drinking age to enter a licensed premise with the intent to purchase or consume alcoholic beverages;
2.  a person under the legal drinking age to purchase or consume alcoholic beverage on a licensed premise;
3.  a person of legal drinking age to purchase an alcoholic beverage FOR a person under the legal drinking age;
   
4. a person under the legal drinking age to misrepresent or misstate his/her age in connection with the sale or service of anyalcoholic beverage.

A person convicted of a violation of any of these provisions is subject to the following penalties for EACH violation: a MINIMUM fine of $100 AND a MANDATORY one year loss of driving privilege, AND court ordered participation in an Alcoholic Education Program.

N.J.S. 39:4-50 et. seq. provides for penalties for any person convicted of operating a motor vehicle anywhere within this state, on public or private property, while under the influence of an alcoholic beverage or any drug (including lawful drugs if the operator's ability to safely operate a motor vehicle is impaired thereby).

Summation of State Laws Pertaining to Illegal Drugs

2C:35-10.  Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a.  It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.).  Any person who violates this section with respect to:

(1)  A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
(2)  Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3)  Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4)  Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b.  Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
c.  Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Amended 1988, c.44, s.5; 1997, c.181, s.6.

2C:35-5.  Manufacturing, Distributing or Dispensing. 

a.  Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:


(1)  To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2)  To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

Selected Punishments:

• Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree.  Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;
  

  (b)  Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
  (c)  Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of  N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
  (d)  Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;
  (e)  Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
  (f)  Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.

II. University Code of Conduct Excerpts Regarding Alcohol. Drugs, and University standards

Rationale
The members of the Montclair State University community recognize that the development of responsible student behavior and conduct is fostered by example, counseling, guidance, admonition and by adherence to University policies and regulations.

Montclair State University is committed to the overall educational and personal growth of its students. In order to facilitate this growth most effectively, it is essential to maintain an appropriate environment.

Thus, the University encourages the cooperation of all members of the campus community, both in and out of the classroom and through online communities. To that end, the University establishes this set of policies, standards of behavior, regulations, procedures, sanctions and appeal processes. It is intended to prevent, limit and correct actions that may impede, obstruct or damage the educational environment, and threaten the maintenance of order. All students are expected to make themselves familiar with this code. Unfamiliarity with the code is not grounds for failing to live up to the expectations set forth within the code.

While it is the goal of the disciplinary process to educate students as to the purpose and importance of abiding by the prescribed code of conduct, the University may also issue sanctions as are appropriate and necessary to ensure continued and/or future adherence to this code.

This document and supporting materials have been developed to guarantee procedural fairness to students when there has been an alleged failure to abide by Montclair State's policies and regulations. Procedures may vary in formality given the gravity and nature of the offense and the sanctions that may be applied. Terms and prohibited conduct not specifically defined here will be defined with reference to New Jersey Statutes.

Standard of Evidence
A general principle in all matters of student discipline will be that the University may base its determinations on a preponderance of the information ( i.e. it is more likely than not or a subtle conviction based upon the facts presented). In cases of misconduct where a sanction may be assessed, or in which a student so requests, the student will be informed in writing of the allegations and charges, will be given an opportunity to refute them, and will be afforded an avenue to appeal an adverse decision.

Authority
This code of student conduct applies to incidents which occur on the University's Campus, at any University related facility, at any University event, between University students who utilize computer or other equipment located on the University campus or at University related facilities. University events include all athletic, academic, and social events sponsored by any University-related organization, whether on or off campus.

Off-campus misconduct may be subject to the authority of the University and addressed through its conduct procedures if a student engages in prohibited conduct under such circumstances that reasonable grounds exist for believing that the accused student poses a threat to the life, health or safety of any member of the University community or to the property of the University. In addition, if the conduct substantially interferes in the University's pursuit of its educational mission, the discharge of its basic responsibilities to maintain an orderly educational atmosphere, and to function without interruption as an institution of higher learning each student will be responsible for his/her conduct from the time of enrollment through the actual awarding of a degree. This includes the time before classes begin or after classes end each semester.

Complicity
A student will not, through act or omission, assist another student, individual, or group in committing or attempting to commit a violation of the University's Code of Conduct. A student who has knowledge of another committing or attempting to commit a violation of the Code of Conduct is required to remove him or herself from the situation, and failure to do so when reasonable under the circumstances may be the basis for a violation of this policy.

Alcohol Violation
Minimum sanction: Warning; Maximum sanction: Expulsion

Drinking or being in possession of any alcoholic beverage in public or private areas of University premises not approved for such activity, possession and/or consumption by a minor; public intoxication; soliciting University students and minors to purchase alcohol off-campus, and driving while intoxicated.

1. Common Sources/Bulk Containers: Possessing, furnishing, or serving from a common source of alcohol (i.e. kegs, mini-kegs, beer balls, punch bowls, or other approximate equivalent number of servings) is prohibited. Bulk containers and/or mass quantities of any alcohol are not permitted in apartments, suites, and/or individual rooms. Sanctions apply to all students (residents and non-residents) present at the time of the infraction and/or to all students (residents and non-residents) who were involved in any way in planning or hosting an event at which a common source or bulk container is provided. In addition, empty kegs, mini-kegs, beer balls, and/or any tapping devices are not permitted in any apartment, suite, or individual room for any purpose, including use as decorations and/or furnishings.

2. Rapid Consumption: Objects and drinking apparatuses or methods that promote irresponsible binge consumption of alcohol, which include, but are not limited to, funnels, beer bongs, or drinking games, including imitations or non-alcoholic beverages (i.e. root beer pong) are prohibited. All individuals present at the time of the infraction may be charged for a policy violation.

3. Residence Halls and Hawk Crossings Apartments. The University promotes an alcohol-free residence hall community as part of a strong academic environment. Because the majority of campus residents are under age and due to the challenges of alcohol abuse, alcohol is prohibited in the residence halls and Hawk Crossings Apartments. Possession of alcohol, or empty alcohol cans, bottles, etc., constitutes a violation and may result in strict disciplinary action and/or dismissal from the residence community. Students may be asked to reveal the contents of bags, boxes, etc., if reasonable suspicion of possible alcohol possession exists.

1. The Village at Little Falls Alcohol Policy. In keeping with NJ laws regarding alcohol, and the University's own philosophy regarding substance use and abuse, only Village residents 21 years of age or older may possess and consume alcohol inside their apartments and only under the following conditions: 1) no alcohol deliveries are permitted to the apartments, 2) no alcohol is permitted outside the buildings or in hallways/stairwells, or other common areas outside of apartments and 3) no alcohol is given to individuals under 21 years of age. In addition, quantities of alcohol are limited based on the guidelines outlined in the Department of Residential Education and Services handbook, which are as follows: 1 liter of hard liquor; per apartment; or 1 case (24 count) of 12 oz. bottles/cans of beer per apartment; or 1 gallon table wine per apartment. Empty containers are subject to these stated alcohol limits.
2. The Village at Little Falls Party Policy. Parties involving alcohol are prohibited at The Village at Little Falls. An alcohol party will be defined as any gathering of residents where alcohol is being served or consumed and one or more of the following conditions exists: 1) there is obvious traffic in and out of the apartment/stairwell/hallway, 2) excessive noise exists, as determined by neighbors and/or staff, and 3) the total number of persons in the apartment reaches or exceeds the maximum occupancy assigned to the apartment which is a maximum total of 12 persons. Residents found hosting parties would be subject to immediate suspension from The Village apartments and face disciplinary action. Guests attending a party will be subject to disciplinary action as appropriate.

Drug Violations
Minimum sanction: Probation; Maximum sanction: Expulsion

1. The intent of, actual distribution of, sale of or manufacturing of drugs, narcotics, barbiturates, hallucinogens, marijuana, steroids, amphetamines or any other controlled substance is prohibited.
2. The possession or use of controlled dangerous substances, marijuana, steroids, or narcotics, including, but not limited to, opium (morphine, codeine, heroin), prescription drugs in possession of someone other than the prescribed individual, misuse of prescribed drugs, and every other substance not chemically distinguishable from them (i.e. imitation products such as bath salts and/or K2) as well as any drug paraphernalia, on campus or in any University-related premises is prohibited. This includes marijuana prescribed for debilitating medical conditions as it is not allowed on University property.

*Students should be aware that federal law dictates that conviction in criminal court for certain controlled substance offenses including drug possession and/or sale may make them declared ineligible for Federal financial aid for a period of time. See the Financial Aid Office for details.

III. Counseling and Prevention Services

Counseling and Psychological Services (CAPS) along with Health Promotion believe that best preventive medicine is knowledge.  We provide outreach activities and educational workshops on health and wellness issues. Topics are wide-ranging and uncompromising in nature.

Education and counseling is provided so that students can reduce their risk for personal health issues. Counseling and Psychological Services and the office of Health Promotion both provide a nonjudgmental and confidential place for information, conversation and referrals about health and wellness related topics. The primary objective is to keep students well in all aspects of their life at Montclair State University so that they can perform optimally in this academic environment as well as achieve necessary life skills to stay well in the future.

A. Counseling and Psychological Services

Alcohol and Other Drug Program
The cornerstone of AOD treatment services at CAPS is the Exploring Change and Healthy Options or "ECHO" program.

The ECHO program provides students a non-judgmental environment to explore their alcohol and other drug use to help make informed decisions about their use of substances. Students who participate in the ECHO program receive an individualized feedback to facilitate an understanding of the role substances have in their lives.

The ECHO program includes three primary components:

• Initial assessment and review of alcohol and other drug (AOD) use
• Personalized assessment and feedback of current AOD use patterns
• Assignments designed to assist the student in making educated decisions about future use of alcohol and illicit substances

Typically the ECHO program involves 2 sessions (including an individual and group session).

People participate in ECHO for a variety of reasons including:

People may also participate in ECHO for one of the following reasons:

1. Self-Assessment – Those students who are interested in learning about how their alcohol and other drug use impacts their lives are encouraged to complete the ECHO program. Students are not required to stop using alcohol or other drugs; rather, they are asked to share honestly in a confidential and non-judgmental environment so that they can learn more about the role that alcohol and other drugs play in their lives.
2. Alternate Stipulation Program (ASP) – ECHO is offered as a voluntary program to students who have been found responsible for violating Montclair State University's alcohol and other drug policy. It is used to capitalize on the "teachable moments" that present themselves when students are in violation of MSU's alcohol and other drug policy.

**To schedule an ECHO, please call CAPS at 973-655-5211**

Wondering if you should complete an ECHO assessment? Take a free on-line screening. (Keyword: MONTCLAIR)

Additional AOD Services Available at CAPS:

Individual Counseling
Treatment for alcohol and other drug concerns takes a non-judgmental, brief motivational approach designed to increase a student's desire to make positive changes regarding his or her alcohol and/or drug use. This approach emphasizes a student's choice and motivation to change. Treatment often involves once-a-week meetings, which can be supplemented by weekly groups on campus or off campus.
Due to the short-term treatment model at CAPS, some students will be provided with off-campus referrals for more extensive support when that treatment is deemed most appropriate.

Group Counseling
CAPS offers a group for students who are contemplating making a change in their current use of alcohol, marijuana, or other drugs. A commitment to self-exploration and a willingness to discuss their relationship with alcohol, marijuana, or other drugs are required to be eligible to participate in this group.

Referrals
CAPS provides referrals for students who are in need of treatment services not provided by CAPS. Referrals for treatment would include (but are not limited to) long term therapy services, couples counseling, family therapy, detoxification services, intensive outpatient treatment, and alcohol and drug rehabilitation services. Please call CAPS at (973) 655-5211 if you need assistance with a referral off campus.

CAPS Alcohol Library and Resource Center

CAPS has a growing collection of self-help information and professional books related to alcohol and other drug abuse. Additionally, CAPS houses an array of brochures and handouts on the topic of chemical dependency.

Additional AOD information

The information provided is for educational purposes only and it should not substitute consultation with a trained professional

• Alcohol Poisoning: http://www.mayoclinic.com/health/alcohol-poisoning/DS00861
• Calculate Your BAC: http://oade.nd.edu
• Evaluate Your Drinking (Centre for Addiction and Mental Health): http://notes.camh.net/efeed.nsf/feedback
• Northern New Jersey Alcoholics Anonymous: http://nnjaa.org
• Alcoholics Anonymous: http://www.alcoholics-anonymous.org
• NIAAA Web Site on Binge Drinking: http://www.collegedrinkingprevention.gov/collegestudents/default.aspx
• Facts On Tap: http://www.factsontap.org/factsontap/students.htm
• Binge Drinking: http://collegebingedrinking.net
• Dance Safe: http://dancesafe.org/documents/druginfo/index.php
• B.R.A.D. (Be Responsible About Drinking, Inc): http://www.brad21.org
• Al-Anon (for family members and friends of alcoholics): http://www.al-anon.org
• Adult Children of Alcoholics: http://www.adultchildren.org

The information provided is for educational purposes only and it should not substitute consultation with a trained professional

B. Health Promotion

Coordinated by the office of Health Promotion, Montclair State University's Alcohol and other Drug Prevention Project is a comprehensive, evidence-informed practice designed to implement and evaluate campus and community based strategies to prevent high-risk drinking and substance use/abuse among college students. It is a collaborative effort involving Health Promotion, Counseling and Psychological Services, the Student Conduct Officer and many campus and community partners. Some initiatives of this project include:

Advisory Committee on Alcohol and other Drugs (ACAD): The Advisory Committee on Alcohol and other Drugs at Montclair State University is a coalition of campus and community members who collaborate on issues relating to substance use and abuse educational efforts within the campus. The Advisory Committee is responsible for developing, implementing and evaluating educational and environmental approaches aimed at reducing risk related to alcohol and other drug use. With the use of evidence-based educational programs, policy recommendations and on-going research, the Advisory Committee strives to provide members of the University community tools for making informed decisions that will foster academic success, personal development and a healthy balanced lifestyle.

Montclair Social Norms Project (MSNP): Current literature indicates that students tend to overestimate the amount of alcohol consumed and the amount of intoxicated behaviors exhibited by their peers. This misperception creates a "false norm." Studies conducted at Montclair State University indicate that most students have 0-4 drinks when they go out (2003-2011). The MSNP is a social marketing strategy that promotes healthier choices.

Educational harm reduction interventions: These initiatives are designed to empower students to make healthier and responsible choices. Among these programs are e-CHUG and e-Toke, which are online intervention programs.

• e-CHUG The electronic Check-Up to Go, is a brief, self-assessment that provides you with accurate, detailed and personalized feedback on your use of alcohol, and specific information and helpful resources in the Montclair State University community. e-CHUG
• e-TOKE The electronic THC Online Knowledge Experience is a brief, self-assessment that provides you with accurate, detailed and personalized feedback on your use of marijuana, and specific information and helpful resources in the Montclair State University community. Link to: e-TOKE

Substance Free Activities: Montclair State University provides a healthy and stable support structure for students in addition to their regular academic routine. There are hundreds of programs offered by various departments and student organizations that promote health and wellness and are substance free. For a list of programs and events check out the

University Web Calendar.
For additional information and resources link to montclair.edu/hp

IV. Employee Policies and Regulations

Drug- and Alcohol-Free Workplace Policy
Montclair State University is committed to providing a safe and productive work environment for all employees. To achieve this goal and to comply with the Drug-Free Workplace Act of 1988, employees are prohibited from possessing, distributing, manufacturing, consuming, or being under the influence of alcohol, illegal drugs, or controlled substances while on University premises.

Employees who appear to be under the influence of alcohol, illegal drugs, or controlled substances shall not be permitted to work, particularly when the University has reasonable cause to suspect that their business judgment, personal safety, work performance, or the safety of others may be impaired.

For purposes of this policy, "illegal drugs or controlled substances" refer to those defined as illegal under federal, state, and/or local laws. They include, but are not limited to, all forms of narcotics, depressants, stimulants, hallucinogens, or other drugs whose use, possession, or transfer is restricted or prohibited by law (except for drugs prescribed by a physician or dentist and used according to instructions for the purpose for which they were prescribed).

If there is reasonable cause to suspect that an employee is in possession of illegal drugs or controlled substances, the University reserves the right to conduct searches of its property, vehicles, and facilities, including work areas, desks, and lockers assigned to employees, at any time. In addition, it reserves the right to search an employee?s person and/or personal property, such as but not limited to lunch boxes or bags, pocketbooks, or briefcases if such property is brought onto University premises or into University vehicles. University Police shall conduct such searches when there is reasonable cause to believe that an employee may be in possession of alcohol, illegal drugs and/or controlled substances and/or if an employee?s business judgment, job performance, or the safety of others may be affected by the use of drugs or alcohol.

The University recognizes that drug abuse and/or dependency are medical/behavioral conditions that may be successfully treated. Employees with drug and/or alcohol problems are encouraged to request assistance from the Employee Advisory Program (EAP). The EAP is a confidential counseling service to help state employees and their families who are experiencing problems with job performance because of drugs, alcohol, compulsive gambling, family and marital conflicts, stress, depression, interpersonal conflicts, and anxiety. Participation in the EAP is voluntary and confidential; however, a request for assistance or participation in the EAP does not excuse an employee from charges of violation of this policy. The only exception to the EAP confidentiality provision occurs when the University refers an employee to the EAP provider as set forth in this policy.

Employees in violation of this policy are subject to appropriate disciplinary action, up to and including termination.

Guidelines
Employees are required to report to work and remain at work in condition to perform assigned duties free from the effects of alcohol or drugs.

Off-the-job illegal drug activity or alcohol abuse that could have an adverse effect on an employee?s job performance or that could jeopardize the safety of other employees, the public, University equipment, or the University?s relations with the public constitutes a violation of this policy and will not be tolerated.

In addition to disciplinary action up to and including termination, an employee who is involved with the use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of illegal drugs while on the job, including rest periods and meal periods, or on University property may also be subject to criminal prosecution. Any illegal drugs found shall be turned over to the appropriate law enforcement agency.

Alcohol consumption is generally prohibited during the workday, including rest periods and meal periods, except at authorized University-sponsored events where alcohol is served. The use, sale, or personal possession (e.g., on the person or in a desk or vehicle) of alcohol during work time or on University property shall result in disciplinary action up to and including termination.

V. Health Risks

Alcohol goes directly into the bloodstream, physically affecting the whole body. Some illnesses and health problems caused by alcohol include:

Alcohol Withdrawal: More commonly known as a "hangover" causes fatigue, thirst, headaches, nausea, aches and pains, sensitivity to light, difficulty concentrating, shakiness, irritability, depression, poor quality sleep, and bloodshot eyes.
http://www.mayoclinic.com/health/hangovers/DS00649/DSECTION=symptoms

Weight gain: Use of alcohol can cause weight gain as most alcoholic beverages contain at least 100 calories per serving http://www.medicinenet.com/alcohol_and_nutrition/page3.htm

High blood pressure: Consuming more than three drinks in a sitting can increase your blood pressure temporarily, but repeated incidents of binge drinking can have long lasting effects on blood pressure.
http://www.mayoclinic.com/health/blood-pressure/AN00318

Sexual Function: Binge drinking can have short term effect on both male and female sexual function. Chronic binge drinking can lead to long term sexual dysfunction.
http://www.stanford.edu/group/bbeam/sexunderinfluence.html

Depressed immune system: Binge drinking (as well as other substance use) impairs immune system function leaving individual more vulnerable to the common cold and other viruses.
http://news.bbc.co.uk/2/hi/8262276.stm

Liver disease: Heavy drinking can cause fatty liver, hepatitis, cirrhosis and cancer of the liver. The liver breaks down alcohol at the rate of only one drink per hour. http://www.collegedrinkingprevention.gov/CollegeStudents/anatomy/Body_nonflash.aspx

Alcohol poisoning: Drinking large amounts can result in alcohol poisoning. Vomiting related to alcohol consumption is a sure sign that an individual has alcohol poisoning and needs immediate medical attention.
http://www.collegedrinkingprevention.gov/OtherAlcoholInformation/factsAboutAlcoholPoisoning.aspx

Heart or respiratory failure: Excessive drinking can have serious results including increasing one's heart rate, as well as heart or respiratory failure (which can lead to death). http://www.collegedrinkingprevention.gov/CollegeStudents/anatomy/Body_nonflash.aspx

Excessive alcohol use increases the risk for health problems. Alcohol Can Be Used Responsibly. If excessive drinking becomes a problem treatment is usually necessary. Alcoholism is a disease that cannot be cured, but can be treated.

VI. Safety Risks

(adapted from: http://www.med.unc.edu/alcohol/prevention/safety.html)

Alcohol and other drugs interfere with messages to your brain and alter your perceptions, emotions, vision, hearing, and coordination. Alcohol and drugs affect your judgment and can lead to dangerous behavior that puts you at risk for:

Accidental injuries: More than half of all drownings and fatal falls are alcohol or drug-related. 45% of emergency room visits are alcohol-related. 80% of patients in special units like burn centers have injuries related to alcohol use. Half of all physical injuries sustained on college campuses stem from alcohol use.

Car crashes: Even small amounts of alcohol make driving unsafe. Drunk driving is not only unsafe, it's illegal. Even a blood alcohol level of .05% (below the legal limit for driving in most states) makes you twice as likely to have a car crash. Almost half of all fatal auto crashes are alcohol- or drug- related. Drinking and boating can be a dangerous combination as well. One-third of boating fatalities are alcohol related, and drunk boating is just as illegal as drunk driving.

Sexually Transmitted Diseases (STDs) including AIDS: You are more likely to ignore safety precautions such as condoms if you are under the influence of alcohol or other drugs.

Unwanted pregnancy: For the same reasons that alcohol and other drugs put people at greater risk for STDs, it also makes pregnancy a risk of substance abuse.

Sexual assault: When you're intoxicated, impaired judgment can stop you from noticing dangerous situations and people. Slowed thinking and reaction time makes you more vulnerable to being forced into sexual activity. It also makes people less likely to notice when they are hurting others. Alcohol is involved in many acquaintance rapes. Either party being drunk is not a legal excuse for assault.

Fights: Barroom brawls don't just happen in movies. Not only can you get hurt, you can get arrested. Two-thirds of violent behavior on college campuses involves alcohol.

Trouble with the law: Illegal drugs, underage drinking, drunk driving, public consumption--even giving guests alcohol--can get you into legal trouble.