Drug-Free Campus
DRUG-FREE WORKPLACE
Purpose
- Based on its commitment to assure the safety and health of its students and employees, Lamar State College Port Arthur seeks to maintain a work and learning environment free of the unlawful manufacture, distribution, possession or use of a controlled substance or the abuse of alcohol. Drug and alcohol abuse affect the responsible conduct of business, teaching, and learning, and therefore will not be tolerated. This Student Handbook contains Lamar State College Port Arthur’s policy establishing a drug-free workplace. We intend that this policy comply with:
- The Drug-free Workplace Act of 1988 found in 41 U.S.C. Chapter 701;
- Section 2.4 (10) of Chapter V of the Rules and Regulations of the board of Regents, Texas State University System;
- The Rules of the Texas Workers’ Compensation Commission, found in 28 TAC Chapter 169; and
- The Drug Free Schools and Communities Act of 1989, U.S.C. §1011i.
- This policy is based on the following objectives:
- To maintain a safe and healthy environment for all students and employees;
- To maintain the good reputation of the College and its employees;
- To minimize accidental injuries to a person or property;
- To keep absenteeism and tardiness at a minimum and to improve the effective performance of job duties and productivity of all employees and the educational performance of all students;
- In appropriate circumstances, to assist students and employees in securing substance abuse rehabilitation;
- To comply with the federal Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and other applicable legislation;
- To adopt and implement a program to prevent use of illicit drugs and abuse of alcohol by students and employees;
- This policy shall be in addition to any drug abuse policy or policies relating to participation in intercollegiate athletics.
Definitions
As used in this policy, the following definitions apply:
- “Drugs or other controlled substances” mean any substance, other than alcohol, capable of altering an individual’s mood, perception, pain level or judgment.
- A “prescribed drug” is any substance prescribed for individual consumption by a licensed medical practitioner. It includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
- An “illicit drug” or chemical substance is (a) any drug or chemical substance for the use, sale or possession of which is illegal under any state or federal law or (b) one which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes.
- The term “controlled substance” means a controlled substance in schedules I through V of Section 202 of the Controlled Substance Act (21U.S.C.S. 812) or which possession, sale or delivery results in criminal sanctions under the Texas Controlled Substances Act (Art. 4476-15, TCS). In general, this includes all prescription drugs, as well as those substances for which there is no generally accepted medicinal use (e.g., heroin, LSD, marijuana, etc.) and substances which possess chemical structures similar to that of the controlled substance (e.g., “Designer Drugs”). The term does not include alcohol.
- “Alcohol” refers to any beverage that is “alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.”
- “Alcohol abuse” means the excessive use of alcohol in a manner that interferes with (1) physical or psychological functioning, (2) social adaptation, (3) educational performance, or (4) occupational functioning.
- The term “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.
- “Cause for reasonable suspicion” shall be established by: (1) observation; (2) action/behaviors of the individual; (3) witness by supervisor or other reliable individual of possession or use; or (4) any other legal measure used for alcohol or drug detection.
- The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.
- “Sanctions” may include completion of an appropriate rehabilitation or assistance program, probation, expulsion, termination, or referral to authorities for prosecution. If an employee has been convicted of a criminal drug statute, sanctions must be imposed within 30 days.
Policy
- Standards of Conduct. The unlawful manufacture, distribution, possession or use of illicit drugs or alcohol are strictly prohibited.
- Sanctions will be imposed on students and employees (consistent with local, state, and federal law) up to and including expulsion or termination of employment and referral for prosecution for violation of the standards of conduct set forth in 3.1 above.
Risks
Some of the psychological and physical health risks associated with the use of illicit drugs and the abuse of alcohol are listed below.
Physical and Mental
- Increased or decreased tolerance for alcohol or drugs
- Red face, red nose
- Bumps and bruises from falling
- Puffiness of face or extremities
- Sudden vision difficulties
- Swollen nasal membrane
- Chest and heart problems including bronchitis, changed heart rhythms, heart failure
- Enlarged liver
- Frequent infections
- Digestive problems
- Lingering colds and flu
- High blood pressure
- Signs of bad nutrition
- Tremors
- Blackouts
- Changes in reflexes
- Loss of coordination
- Dizziness
- Confusion and slow comprehension
- Memory loss
- Anxiety or depression
- Delirium
- Hallucinations
- Insomnia
- Impotence
- Craving for sweets or complete avoidance
- Loss of appetite
- Increased reliance on drugs
- Family problems
- Financial difficulties
- Frequent change of jobs, lateness, other job-related problems
- Car accidents
- Increased legal problems from behavior
- Suicidal behavior
- Unusually passive behavior
- Loud, angry and/or abusive behavior
SOCIAL AND BEHAVIORAL
Alcohol
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, partner, or 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 could result in death.
Assistance
AREA SUBSTANCE ABUSE SERVICES
Federal law
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
21 U.S.C. 844(a)-1st conviction: Up to 1-year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
- 1st conviction and the amount of crack possessed exceeds 5 grams.
- 2nd crack conviction and the amount of crack possessed exceeds 3 grams
- 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
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 of up to $10,000 (Pending adoption of final regulations).
21 U.S.C. 853- 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.
18 U.S.C. 922(g)- Ineligible to receive or purchase a firearm.
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.