SUBSTANCE ABUSEOffice of the Vice President for Employee Relations
The abuse of alcohol and the use of illegal drugs by members of the University community are incompatible with the goals of an academic institution. In order to ensure alcohol and illegal drugs do not interfere with the goals of the University, substance abuse programs have been developed which apply to the University as both an educational institution and a workplace. The programs are designed to:
In accordance with the University of Delaware's substance abuse programs and the Drug-Free Schools and Communities Act Amendments of 1989, the University of Delaware is informing you about the University's policies on drugs and alcohol and about the health risks associated with the illicit use or abuse of drugs and alcohol.
Every employee at the University should read and become familiar with the policies on drugs and alcohol use and abuse that are discussed in this letter. In addition, more information is available on the health risks associated with drugs at the Office of Employee Assistance and Wellness. If you have any questions concerning alcohol and drug regulations or health risks, please feel free to contact the office of the Faculty/Staff Assistance Program (831-2414).
Sincerely,
Maxine Colm
Vice President for Administration
Policy
It is the policy of the University of Delaware to take reasonable measures to ensure that drug use by employees does not jeopardize the safety of the University community, employees and students, or adversely affect operations of the University.
Policy Provisions
Sanctions
Employees, as a condition of employment, must abide by the terms of this policy. Any employee found in violation of the above policies will be sanctioned and/or required to participate in the University's Employee Assistance and Wellness Program. The University will continue to maintain a drug-free workplace through implementation of the provisions of this policy and the maintenance of a drug-free awareness program.
Drug-Free Awareness Program
The University of Delaware has established a drug-free awareness program to inform employees about:
The University will make a good faith effort to continue to maintain a drug-free workplace through implementation of the above program.
It is the policy of the University of Delaware to take reasonable measures to ensure that drug use by employees does not jeopardize the safety of the University community, employees and students, or adversely affect operations of the University. The University of Delaware prohibits the unlawful manufacture, dispensation, possession, use or distribution of a controlled substance in or on University property. [A "controlled substance" is a substance defined by Federal law in Schedules I through V of Section 202 of the Controlled Substances Act (21 US Code 812). This covers all drugs and pharmaceuticals for which a license or prescription is required in order for a per to use, distribute or manufacture the substance. Virtually all prescription drugs, as well as "illegal" drugs (marijuana, heroine, cocaine, etc.) are controlled substances covered by the Act. For purposes of this policy, "Controlled substances" refers to both illegal dugs and the unauthorized use of prescription drugs.] Penalties range from warning to permanent dismissal from the University depending on the seriousness of the infraction and the degree to which violation of the policy adversely affects the well-being of the campus facility or the fulfillment of the University's educational mission. This policy applies to all members of the University community: faculty, staff and students.
Under the specific terms of this policy, the use, possession, sale or distribution of illegal drugs or other controlled substances for non- medical or non-research reasons is prohibited. The unauthorized presence of illegal drugs or other controlled substances in the body is also prohibited. Employees must notify the University of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Employees and students are expected to conduct themselves in accordance with the University policy concerning the use of illegal drugs and in compliance with local, state and federal laws.
Employees' use of illicit drugs may result in violations of federal, state or local law, as well as sanctions within the University's disciplinary system. The sections of the Delaware Code dealing with drug laws are extensive. Delaware has adopted the Uniform Controlled Substances Act, 16 Delaware. Code 4701-4796. The following outline is an effort to provide a general summary of the law. Employees with specific questions about the law should seek legal advice from an attorney and not rely on the following summary for complete information.
Illegal drugs are divided into five schedules (or categories) by the law:
Under Delaware law, drug offenses are divided into two basic categories: (l) illegal delivery (sale), possession with intent to deliver; manufacture; or intent to manufacture and (2) illegal possession, use or consumption. Penalties under the law are generally severe. Jail sentences may be imposed for most offenses, and the judge has discretion to impose a sentence within the range allowed by the law.
For the illegal manufacture, delivery or possession with an intent to manufacture or deliver a controlled substance or counterfeit controlled substance classified in Schedule I or II that is a narcotic drug, one is guilty of a class C felony and shall be fined at least $5,000 but no more than $50,000 and shall serve at least 6 years imprisonment for a first conviction and at least 12 years imprisonment for a second and subsequent convictions. For the illegal manufacture, delivery or possession with intent to manufacture or deliver a controlled substance or counterfeit controlled substance classified in Schedule I-V that is not a narcotic drug, one is guilty of a class E felony and shall be fined at least $1,000 but no more than $10,000 and shall serve no more than 5 years imprisonment. Delaware classifies as a class A misdemeanor the illegal possession, use or consumption of a controlled substance or counterfeit controlled substance which is a narcotic drug. Delaware also classifies as a class B misdemeanor the illegal possession, use or consumption of any controlled substance or counterfeit substance classified in Schedule I-V that is not a narcotic drug.
Beyond the significant penalties under state and local law, federal penalties may apply. Federal penalties for trafficking in or possession of controlled substances are summarized in the attached Appendix A.
Violations of the University's drug policies by employees will result in disciplinary action including but not limited to a warning, written reprimand, suspension, dismissal, and/or mandatory participation and successful completion of a drug abuse assistance or rehabilitation program. Unlawful possession or use of a controlled substance by faculty will be dealt with on a case-by-case basis by appropriate superiors. Penalties may include required counseling, suspension and/or dismissal. Faculty dismissal must comply with the provisions of the Faculty Handbook Section III N-l. Violations by professionals and support staff will be dealt with by appropriate supervisors in consultation with the Office of Labor Relations. The Personnel Policies and Procedures for Professional and Salaried Staff manual sets forth procedures that govern the dismissal of professional and salaried staff. Participation in a drug rehabilitation program is covered in these policies.
The University of Delaware prohibits the unauthorized possession, use, manufacture, distribution, or sale of alcoholic beverages in or on University property. All members of the University community are responsible for making decisions about their behavior within the context of Delaware law and University regulations. The University sanctions neither the abuse of alcoholic beverages by any person nor the use of alcoholic beverages by those who are underage as defined by the Delaware Code.
The "Consumption of Alcohol on Campus" policy sets forth the complete guidelines for the possession and consumption of alcoholic beverages on campus and governs both students and employees. A copy of the policy appears in the University of Delaware Policy Manual, June 5, 1989, No. 2-13, Rev. 1. In sum, possession, use, manufacture, distribution or sale of alcohol in areas other than those enumerated in the policy is prohibited. No person employed by the University is permitted to possess or consume alcoholic beverages on the campus except at social functions at which the serving of alcoholic beverages has been duly approved and registered as required by the policy on the "Consumption of Alcohol on Campus." Employees who have their residence on the campus may possess and consume alcohol in their private residence within the limits of that policy.
Employees are expected to conduct themselves in accordance with University policy concerning the use of alcoholic beverages and in compliance with state and city laws. Title 4, Section 904, of the Delaware Code makes it unlawful to purchase alcoholic liquor for or to give alcoholic liquor to a person under 21 years of age, and also makes it unlawful for persons under 21 years of age to consume alcoholic liquor or to have it in their possession.
Chapter 19, Section 19-5, of the Newark City Code makes it unlawful for a minor to possess or consume any alcoholic beverage within the city except when the possession or consumption is part of a religious service or for medical purposes. Chapter 22, Section 22-83(e), of the Newark City Code makes it unlawful to possess any open container containing intoxicating beverages or consume intoxicating beverages where prohibited by the property owner. This applies regardless of age.
Violations of the University's regulations concerning the use of alcohol may be reason for disciplinary action up to and including dismissal. As in the case of illegal drug use, dismissal of faculty, professional and salaried staff follows procedures outlined in the Faculty Handbook and in the Personnel Policies and Procedures for Professional and Salaried Staff. The evaluation and/or treatment for substance abuse may be required of an employee in lieu of disciplinary action.
Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.
Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life-threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.
Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
The health risks associated with the use of illicit drugs and the abuse of alcohol are potentially quite severe. Attached Appendix B is a summary of the effects of certain controlled substances and alcohol. The following is a brief description of several drugs and their health risks.
The University of Delaware recognizes that alcoholism and drug addiction are illnesses that are not easily resolved by a personal effort and may require professional assistance and treatment. To that end, the University's Offices of Employee Relations and Student Affairs have developed assistance programs to help faculty, staff and students identify and assess these problems, obtain the necessary assistance to resolve them and take appropriate steps to prevent their occurrence. The Employee Assistance and Wellness Program (EAWP), staffed by a licensed clinical social worker, provides confidential counseling and referral services for employees whose work performance has been hindered by substance abuse. The University finances both approved in-patient and out-patient rehabilitation for addicted employees and remains closely involved during the after-care process. However, nothing in the assistance program abrogates established University policies and procedures for dismissal. The EAWP program is described more completely in the Personnel Policies and Procedures for Professional and Salaried Staff manual.
The University has wellness programs in place for employees that focus on preventative health care. Awareness of the dangers involved in the use and abuse of alcohol and illegal drugs is a central component of these programs. The Office of Employee Assistance and Wellness offers seminars and workshops to help employees evaluate, maintain and promote their own health. Programs are also available for supervisors to ensure that employees are aware of the effects of substance abuse and know about available counseling, treatment and rehabilitative services.
All EAWP programs and workshops are offered at University locations throughout Delaware. Announcements are listed in the "Staff Development and Training" brochure and in materials distributed to employees as part of the University's substance abuse programs. A senior advisory committee, comprised of vice presidents and deans, helps the coordinator of the Office of Employment Assistance and Wellness develop educational programs that heighten campus awareness of substance abuse issues.
The University of Delaware will conduct a review of its substance abuse programs every two years to determine their effectiveness, implement changes, and ensure that the disciplinary sanctions for employees and students are consistently enforced.
21 U.S.C. 844 (a)
21 U.S.C. 853 (a) (2) and 881 (a) (7)
Forfeiture of personal and real property used to possess or to facilitate
possession of a controlled substance if that offense is punishable by more
than 1 year imprisonment. (See special sentencing provisions re: crack.)
21 U.S.C. 881 (a) (4)
Forfeiture of vehicles, boats, aircraft or any other conveyance used
to transport or conceal a controlled substance.
21 U.S.C. 844a
Civil fine up to $10,000 for each violation.
21 U.S.C. 862 (b) [previously 853a]
Denial of Federal benefits, such as student loans, grants, contracts,
and professional and commercial licenses, up to 1 year for first offense,
up to 5 years for second and subsequent offenses.
Miscellaneous
Revocation of certain Federal licenses and benefits, e.g. pilot licenses,
public housing tenancy, etc., are vested within the authorities of individual
Federal agencies.
Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.
