Illegal Drugs Policy 702

I. Purpose

UNCSA is a residential educational community dedicated to the artistic, personal and intellectual growth of students interested in training for careers in the performing arts. The UNCSA Board of Trustees is committed to the maintenance and protection of an environment in which students and faculty members may responsibly pursue these goals. It is the obligation of all members of the School community – students, faculty, administrators and other employees – to help maintain an environment where academic and artistic freedom flourish and in which the rights of each member of the community are respected. Illegal drugs endanger the health and safety of members of this community and hinder the pursuit of learning. Success in combating the threat posed by illegal drugs depends ultimately on the cooperative efforts of members of governing boards, students, faculty members, administrators and all other employees.

This policy seeks to address the problem of illegal drugs by establishing a properly balanced program of educational efforts and punitive sanctions.

II. Scope

This policy applies to all UNCSA students, faculty members, administrators, and other employees.

III. Definitions

A. “Alcohol or Drug Probation” and “AOD Probation” mean the period of probation imposed for a violation of this policy or for alcohol offenses.

B. “In-School Suspension” means suspension of a secondary school program student from arts classes and judicial confinement or exclusion from campus outside of certain hours, depending on the student’s residential status. While serving in-school suspension, the student may attend academic classes only. Only students in the secondary school program may be placed on this status.

IV. Policy

A. Program Coordination

1. The Chancellor shall designate a Coordinator of Drug Education (“Coordinator”) on campus.

2. The Coordinator shall be responsible for coordinating, supervising, and recording all programs relating to this policy, including drug abuse prevention and education programs.

B. Education, Counseling, & Rehabilitation

1. Generally

a. UNCSA’s drug prevention program emphasizes education, counseling, and rehabilitation. Specifically, these techniques include information concerning

i. the incompatibility of illegal drug use or sale with the UNCSA’s educational goals;

ii. the legal consequences of involvement with illegal drugs;

iii. the medical implications of the use of illegal drugs; AND

iv. the ways in which illegal drugs jeopardize an individual’s present accomplishments and future opportunities.

b. The Coordinator shall ensure that the university community receives information about drug counseling and rehabilitation services available through campus-based programs or through community-based organizations. Persons who voluntarily avail themselves of University services shall be assured that applicable professional standards of confidentiality are observed.

c. The Coordinator will be responsible for working with a committee of interested members of the University community to develop the primary education methods designed specifically to prevent illegal drug use and abuse. Those methods may include the following:

i. Students

I) Statements in the High School Handbook and College Handbook;

II) Drug information sessions during the academic year;

III) Distribution of drug information literature,

IV) Special mini-lectures and discussions by residence hall groups and counselors;

V) Annual training program for Residence Life staff and resident assistants, and others who could profit from such training; and

VI) Referral to drug counseling services on campus and in the Winston-Salem community.

ii. Employees

I) This policy shall be discussed in employee orientation programs and shall be posted on the web.

II) At least once a year, supervisors will remind faculty and staff of the School’s education programs.

III) Human Resources office will work with the Coordinator to present on-going education and information to employees.

2. Health Risks

a. Generally: Based on the current understanding of the scientific community, alcohol abuse, misue of prescribed drugs, and illegal druge use pose severe health risks and can lean to serious injury or death.

b. Risks of Alcohol Abuse: Single doses cause impaired coordination and motor control, impaired attention, cognitive function, and judgment. Higher doses result in extreme impairment of cognitive function, judgment and motor control, and possible alcohol poisoning. Long-term effects include: depression, confusion, memory loss, blackouts, unhealthy loss of appetite, vitamin deficiences, gastrointestinal problems, respiratory depression, depression of the immune system, increased risk of heart disease including alcoholic cardiomyopathy, hypertension, brain damage, damage to the unborn fetus, impotence, liver disease including cirrhosis, and increased risk of hepatic cancer.

c. Risk of Illegal Drug Abuse: Generally, abuse of illegal drugs may lead to physical and/or psychological dependence.

i. Narcotics: Extended use can cause dependence and withdrawal from certain narcotics can be life-threatening. Single doses can produce impaired cognitive and motor functioning and fluctuations in mood and awareness. Higher doses can cause respiratory arrest and can be life-threatening.

ii. A behavioral depressant and a hypnotic: Often colorless and odorless, a combination of these drugs can cause aggression and may render a victim unconscious within 20 minutes, possibly resulting in death.

iii. Marijuana: Single doses can impair cognitive functioning, learning motivation and motor abilities. A very large dose can cause confusion, restlessness, hallucinations and panic. Habitual use can cause depression of the immune system, chromosome damange, and reduced sperm count in males.

iv. Hallucinogens: Single doses can cause increased blood pressure, muscular weakness, trembling, nausea, chills, impaired mood and unpredictable changes in emotions and sensations. Effects of the drug can continue to be felt years after use (“flashbacks”).

v. Barbiturates: Continued use can cause dependence with withdrawal like symptoms. Larger doses cause slurred speech, slowed reactions and excessive sleep. Combining large doses of the drug with alcohol or other sedative hypnotics can result in respiratory depression and death.

3. Referrals

a. The community mechanisms mentioned above will include information regarding community counseling, medical and rehabilitation resources dealing with substance abuse and information on health insurance benefits associated with substance abuse.

b. The Coordinator, the Provost, and Human Resources will ensure that faculty and supervisors receive periodic training and information about recognizing signs of potential illegal drug use and substance abuse in the early stages.

c. An employee or student with a possible substance abuse problem will be encouraged to seek confidential diagnosis and treatment.

d. Seeking help should not, in and of itself, interfere with enrollment, job status or promotional opportunities.

e. Persons who voluntarily seek counseling shall be assured that applicable professional standards of confidentiality will be observed.

C. Enforcement & Penalties

1. Students, faculty members, and staff are responsible 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 Chapter 90 of the North Carolina General Statutes. Students, faculty members, and staff are responsible for knowing about and complying with the applicable provisions of federal law located in Chapter 21 of the US Code. An up to date list of federal drug trafficking penalties (by schedule) can be found at the U.S. Drug Enforcement Administration website.

2. Any member of the School community violating the law is subject both to criminal prosecution and to School disciplinary proceedings.

3. It is not “double jeopardy” for both the District Attorney and the School to proceed and impose sanctions on a person for the same specified conduct.

4. UNCSA will initiate its own disciplinary proceeding against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of UNCSA.

5. UNCSA will impose penalties, adhering to procedural safeguards for disciplinary actions against students, faculty members, administrators, and other employees.

6. The relevant procedural safeguards are those required by The Code (including Sections 502(D), 603, and 608), by Board of Governors policies applicable to employees exempt from the State Personnel Act, and by regulations of the State Personnel Commission.

7. Minimum Penalties

a. These minimum penalties apply to on-campus violations and may apply to off-campus violations as provided by the Student Code of Conduct.

b. Illegal Possession of Drugs

i. Schedule I & II Drugs

I) For a first offense involving illegal possession of any controlled substance identified in as Schedule I or Schedule II (N.C.G.S. §§ 90-89 and 90-90), the minimum penalty shall be suspension from employment (for employees) or enrollment (for students) for a period of at least one semester or its equivalent.

II) For students enrolled in the secondary school program, the minimum penalty shall be long term suspension for a period of one year beyond the conclusion of the current academic year.

III) Examples of Schedule I and II drugs include but are not limited to: heroin, mescaline, lysergic acid diethylamide, opium, cocaine, and amphetamines.

ii. Schedule III through Schedule IV Drugs

I) For a first offense involving illegal possession of any controlled substance identified in as Schedules III through VI (N.C.G.S. §§ 90-91 through 90-94) (including, but not limited to, marijuana, Phenobarbital, and codeine) the minimum penalty for employees, undergraduate students, and graduate students shall be AOD Probation for a semester or its equivalent.

II) For students enrolled in the secondary school program, the minimum penalty shall be in-school suspension for seven calendar days, under the terms imposed by the Student Handbook and the Associate Director of High School Residence Life.

iii. Penalties in excess of these minimum sanctions shall be determined on a case-by-case basis.

iv. For second or other subsequent offenses involving illegal possession of controlled substances, progressively more severe penalties shall be imposed, up to and including expulsion of students and discharge of faculty members, administrators or other employees.

v. After completing the prescribed period of suspension from enrollment or employment imposed pursuant to this Policy, students, faculty or other employees who return to enrollment or employment may be subject to AOD Probation for a minimum period of one semester.

c. Trafficking in Illegal Drugs

i. Schedules I & II. For the illegal manufacture, sale or delivery or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I or Schedule II (N.C.G. S. §§. 90-89 and 90-90) (examples include heroin, mescaline, lysergic acid diethylamide, opium, cocaine, and amphetamines), the minimum penalty for any student shall be expelled and for any faculty member, administrator, or other employee shall be discharged.

ii. Schedules III through VI

I) For a first offense involving illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI (N.C.G.S.§§ 90-91 through 90-94) (examples include marijuana, Phenobarbital, and codeine); the minimum penalty for both employees and post-secondary students shall be suspension from employment or enrollment for a period of at least one semester.

II) For students enrolled in the secondary school program, the minimum penalty shall be long term suspension for a period of one year beyond the current academic year.

III) For a second offense, any faculty member, administrator, or other employee shall be discharged and any student shall be expelled.

iii. Penalties in excess of this minimum sanction shall be determined on a case-by-case basis.

iv. After completing the prescribed period of suspension from enrollment or employment imposed, students, faculty or other employees who return to enrollment or employment may be subject to AOD Probation for a minimum period of one semester.

8. Suspension Pending Final Disposition

a. In certain circumstances, any student or employee who has been charged with violating this policy may be suspended from enrollment or employment before initiation or completion of disciplinary proceedings.

b. Such a suspension may be imposed if, assuming the truth of the charges, the Chancellor or the Chancellor’s designee, in consultation with the General Counsel, concludes that the person’s continued presence within the UNCSA community would constitute a clear and immediate danger to the health or welfare of other members of the UNCSA community. Under appropriate circumstances, the Threat Assessment Team should be consulted to initiate other appropriate steps.

c. If such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

9. Alcohol or Drug Probation

a. AOD Probation may be the only sanction imposed, or it may be imposed following a suspension.

b. A person on AOD Probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or Chancellor’s designee deems appropriate.

c. For students enrolled in the secondary school program, AOD Probation shall continue for the remainder of the student’s enrollment in the secondary school program. The student shall be subject to mandatory drug testing for the remainder of AOD Probation and must attend substance abuse counseling for one academic year or its equivalent.

d. Refusal or failure to abide by the terms of AOD Probation shall result in suspension from enrollment or from employment for a minimum of the unexpired balance of the prescribed period of probation.

e. Only conduct related to alcohol or drug violations or which violates the terms and conditions of the AOD Probation (for example, submitting to drug tests or attending counseling) constitutes a violation of AOD Probation. Other violations of the Code of Conduct or UNCSA policies or regulations will not establish a violation of AOD Probation.

D. Uniform Compliance & Conviction Reporting

1. Compliance with this policy is a condition of employment.

2. Anyone compensated by proceeds from a federal grant must report a conviction involving illegal drugs within five working days (as well as comply with UNCSA’s Criminal Conviction Reporting Policy, and any other UNCSA policies or rules which require reporting of a conviction).

E. Implementing and Reporting

1. The policy on illegal drugs shall be publicized in catalogues and other materials prepared for all enrolled and prospective students and in materials distributed to faculty members, administrators and other employees.

2. The Chancellor shall include information concerning illegal drug activity on campus in the annual report the Clery Act requires.

3. The Chancellor shall file a copy of this policy and notices of any changes to this Policy with the President

4. Annually the Chancellor shall submit a report to the Board of Trustees and President regarding campus activities related to illegal drugs on campus during the preceding year. This report shall contain at least the following:

a. a listing of major education activities conducted during the year;

b. a report on any illegal drug-related incidents, including sanctions imposed;

c. an assessment by the Chancellor of the effectiveness of the campus program; AND

d. any proposed changes in the policy on illegal drugs.

F. Effective Date. This policy, as amended, is effective upon adoption by the University of North Carolina School of the Arts Board of Trustees.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual

B. September 22, 2011 – Revised to cite the federal statutes and include health risks associated with different substances.