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Regulations & Policies

Miscellaneous

I. OBJECTIVE & PURPOSE

The University is committed to educating its community regarding the harmful effects and legal consequences associated with alcohol and other drug use. Special attention has been paid to providing a balance between educational and punitive components. A series of educational and prevention programs are offered to the University community, while at the same time alerting members to the consequences of noncompliance. It is hoped that all members of the University community will strive to promote behaviors that are compatible with the educational mission of the University, including the establishment of healthy and responsible norms.

II. DEFINITIONS

For the purposes of this policy, the following definitions (as per Florida Statutes) shall apply:

1. Alcohol (or alcoholic beverage): means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume.
2. Illicit Drug: means a controlled substance or "designer drug" under provisions of Chapter 893, Florida Statutes.
3. "Under the influence": means a person has ingested alcohol and/or illicit drug(s) sufficient to render them incapable of discretion or sound judgement or which results in impairment of normal faculties.

III. STATEMENT OF POLICY

Standards of Conduct

The ÀÏ°ÄÃÅ×ÊÁÏ expressly prohibits the following by students and employees in or on property owned or controlled by the ÀÏ°ÄÃÅ×ÊÁÏ or off campus when a student or employee is acting as a representative of the University:

1. Unlawful manufacture, alteration, distribution, dispensing, possession, or use of any illicit drug
2. Unlawful possession or use of a prescription drug regulated under the provisions of Chapter 893, Florida Statutes (controlled substances and "designer drugs") unless dispensed and used pursuant to prescription or otherwise authorized by law. Manufacture, alteration, delivery, distribution, dispensing, and/or sale of such substances are prohibited unless authorized by law.
3. Unlawful purchase, possession, distribution and/or use of alcohol

Health Risks

For more information: National Institute on Drug Abuse

Guidelines for Alcohol Consumption

The sale, serving, possession, and consumption of alcoholic beverages shall comply with state and federal laws, city and county ordinances, and the licensing agreements with on-campus distributors. Requests to sell or serve alcohol must have proper approvals in accordance with Alcohol Guidelines found at the following link: /ehs/alcohol-procedures-requirements.html.

Services for Alcohol and Drug Use/Abuse

The following describes all on campus Alcohol and Drug resources and services. Every effort will be made to protect the individual's confidentiality, according to applicable laws, and to foster successful pursuit of academic and/or professional goals in accordance with the University's mission.

Students:

1. Prevention:

   As part of the educational process, the University, via the Department of Recreation and Wellness, (904) 620 - 4769, will provide on a regular basis, a wide range of activities for the University community to increase their understanding of the harmful effects and potential addiction caused by inappropriate use of alcohol and other drugs. These activities are centered on primary prevention (i.e. education).

    

   Specific primary prevention activities will include:

   • Education efforts by the Department of Recreation and Wellness
   • Participation in national, state, and regional alcohol and other drug prevention events
   • Regular dissemination of alcohol and other drug educational literature to the University community
   • Presentations on alcohol and other drugs information to residential students, academic classes, faculty, staff, and other campus groups
   • The maintenance of a computerized drug and alcohol information database
2. Intervention

   Students found responsible for alcohol or drug violations may be directed by the Student Conduct Office to the Office of the Dean of Students for an individual multi-session alcohol and/or drug assessment and education. The Office of the Dean of Students reserve the right to require additional intervention services which will be determined on an individual basis and in the best interest of the student. Student assessments, referrals, and all information disclosed in the scope of students receiving such services will be subject to and protected by the standard confidentiality protocol.

    

3. Treatment

   The Counseling Center, Office of the Dean of Students, Department of Recreation and Wellness and Student Health Services are the primary facilities available to students who have alcohol or other drug abuse or dependency problems. These students are identified through:

   1. self-referrals
   2. faculty and staff referrals
   3. student conduct system referrals
   4. Drug testing (done by Athletics for student athletes)
   5. involvement in the criminal justice system

   Once identification is made, an assessment of the student's condition is made through the appropriate campus resource (i.e., Counseling Center, Office of the Dean of Students, or Student Health Services) to determine the level of intervention and treatment necessary to ameliorate the situation. If this assessment reveals that the scope of the problem is beyond the capability of these centers, the student will be referred to the appropriate community agency.

    

   Parental notification may be necessary and will be issued with the consent of the student and/or consistent with the provisions of the Family Educational Rights and Privacy Act (FERPA).

Faculty and Staff:

Since the Counseling Center, Department of Recreation and Wellness, Office of the Dean of Students, and Student Health Services are primarily for students, employees are treated in these facilities only on an emergency basis. Employees with a chemical dependency may be identified through:

1. self-referrals
2. supervisor(s)
3. involvement in the criminal justice system

The employee will be required to either take advantage of the Employee Assistance Program (EAP), made available through the Office of Human Resources, or to seek help from community agencies. A comprehensive list of these agencies, including names and telephone numbers, is available through the Department of Recreation and Wellness. The employee may choose to use one of these agencies rather than the EAP upon written approval of the Vice President of Human Resources or his/her designee.

Rehabilitation is the preferred goal for students and employees who exhibit chemical dependency problems, and every effort will be made to assist with rehabilitation. However, if any subsequent work performance or disruptive behavior adversely affects the overall well-being of the University community, sanctions may be applied as explained under the Disciplinary Standards section below.

Legal Sanctions

No employee or student is to report to work, class, or any University function while under the influence of alcohol or other drugs. Violation of this policy will subject the individual not only to University sanctions but also to potential criminal prosecution by the appropriate authorities.

State law prohibits possession of alcoholic beverages by persons under age 21. No person may sell, give, serve, or permit to be served alcoholic beverages to a person under 21. Violations of any such laws are punishable by a term of up to one year in prison and a fine up to $1,000. Violations by persons under the age of 21 may lead to limiting of driving privileges.

State law prohibits possession and/or distribution of controlled substances as described in Section 893.03, Florida Statutes. Violations of such laws are punishable by up to a year in prison and $1,000 fine for misdemeanor violations and up to 30 years and $10,000 fine for felony violations.

Disciplinary Sanctions for Violation of Policy

Violation of this policy may result in disciplinary sanctions. The University sanctions imposed range from written warnings to expulsion from the University (including expulsion from enrollment for students and termination of employment for faculty, administrators, and staff). Disciplinary action against a student or employee does not preclude the possibility of criminal charges against that individual. The filing of criminal charges similarly does not preclude action by the University.

1. Sanctions

   The penalties imposed for violating this policy range from written warnings with probationary status to expulsion from enrollment and/or termination of employment. The choice of sanction will depend on the individual circumstances of the case, including any extenuating circumstances. Specific penalties for faculty, administration, staff, and students can be found within the areas responsible for each constituency:

   1. For faculty: The Office of Academic Affairs
   2. For administrators and staff: The Office of Human Resources
   3. For students: The Office of the Vice President for Student and International Affairs / Student Conduct Office
2. Suspension Pending Final Disposition

   The University reserves the right to suspend a faculty member, administrator, staff or student between the time of the initial charges and the impending hearing. This suspension action will be subject to the applicable personnel rules/policies and will be invoked only if in the opinion of campus administrators the continued presence of this individual poses a clear and immediate danger to himself/herself and/or other members of the University community. Under such circumstances a formal hearing must be held within a requisite number of school/working days, determined by the areas responsible for each constituency, to lift the suspension or impose more severe sanctions.

3. Investigations - the University may place an employee on administrative leave during an investigation for a period up to the length of the investigation.
4. Best Interest of the University - the University may place an employee on administrative leave when the employee's presence in the workplace may result in injury to the employee or others, damage to property, or it has been determined that it is in the best interest of the University to do so.

Biennial Review

The University Alcohol, Tobacco & Other Drugs Committee is responsible for conducting the biennial review of the ÀÏ°ÄÃÅ×ÊÁÏ Drug and Alcohol Abuse Prevention Program required under the Drug-Free Schools and Communities Act. This review will include:

1. A determination of the program's effective and recommended changes, if any,
2. An accounting of the number of drug and alcohol related violations and fatalities,
3. An accounting of the number and type of sanctions imposed for violations of policy,
4. A description of the research methods and data analysis tools used to determine the effectiveness of the program, and
5. A plan of action for addressing findings and recommendations.

A copy of the report, signed by the President, shall be available in the office of the Vice President for Student and International Affairs, who is responsible for implementation of the recommendations from the review.

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