Faculty Handbook
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VII. B. ALCOHOL AND OTHER DRUG POLICY
(Source: Passed by the Student Senate March 4, 1993 and accepted by the Faculty March 8, 1993. Amended October 23, 1995. Amended by the Student Senate May 1998 and approved by the Faculty August 26, 1998. Amended by the CAC October 2011, approved by the Student Senate October 9, 2011, and approved by the Faculty November 7, 2011. Amendments proposed and approved by the Student Senate April 26, 2012, approved by the CAC May 2012, and approved by the faculty May 18, 2012. Amendments proposed and approved by the Student Senate and approved by the CAC November 2012, and approved by the faculty December 3, 2012.)
Preamble
Alcohol and other drug (AOD) use is a complex and controversial topic. Many would argue that public policy on AOD use has been counterproductive, discouraging rational analysis of substance use, abuse, and addiction. Whatever the views of its individual members, however, the ÈËÆÞÓÕ»ó College Community must respond to empirical and legal realities.
The use, sale, or transfer of illicit drugs disturbs and offends many members of the ÈËÆÞÓÕ»ó Community. Such actions are not only illegal (and often felonious) in themselves, they can also have consequences that create an atmosphere of fear and distrust at odds with the educational mission of the College. Drug use, especially drug abuse, frequently leads to a deterioration in academic performance, which can compromise the education of others as well as that of the user. The illegal use and the abuse of alcohol can also have deleterious effects upon individuals and the community. Moreover, the College has certain legal obligations to make reasonable efforts to prevent the use (which includes being under the influence) and transfer of illegal drugs and the illegal use or abuse of alcohol on campus or during ÈËÆÞÓÕ»ó activities.
The College encourages all members of the ÈËÆÞÓÕ»ó Community to become familiar with the health and legal aspects of AOD use and to make informed decisions regarding their own behavior. The college emphasizes that all members of the community are responsible for their own actions. Members of the community are expected to comply with this policy and to be aware of the consequences of violations thereof. The Community therefore expects and admonishes individuals to evaluate their own behavior, as well as that of their peers, in order to create and maintain a healthy and safe environment.
This AOD Policy (AODP) is intended to define the expectations of the College with respect to alcohol and other drugs, to clarify the consequences of failing to abide by these expectations, and to identify the resources available within the College Community to assist in dealing with AOD related problems.
A. ÈËÆÞÓÕ»ó College believes that it has a serious extralegal responsibility to support the health and safety of the members of this community. Therefore, it has a responsibility to help prevent substance abuse through the provision of appropriate assistance, including educational materials and counseling. When substance abuse occurs, we believe that the most effective response relies on early identification of the problem and the availability of effective, confidential assistance. The Community encourages individuals voluntarily to seek assistance for substance abuse problems. Moreover, the College will respond directly to alcohol or other drug use that results in behavior that is dangerous to the health or safety of the user, other members of the community, or adversely affects the institution as a whole.
B. In keeping with local, state and federal laws, the illegal use, sale, transfer, dispensing, possession and manufacture of illicit drugs, or being under the influence of illegal drugs, or the illegal use, possession, or abusive use of alcohol on the ÈËÆÞÓÕ»ó College campus or during official ÈËÆÞÓÕ»ó activities is a violation of college policy and is prohibited. In particular,
1. Illegal drugs and drug paraphernalia are not permitted anywhere on the ÈËÆÞÓÕ»ó College campus.
2. ÈËÆÞÓÕ»ó College will treat beer or wine made for personal consumption like any other alcoholic beverage. Students who make beer or wine for personal consumption anywhere on campus, including in student housing, must comply with all applicable local, state and federal laws.
3. The manufacture of illegal drugs, the growing of cannabis and other illegal psychoactive plants, and the distillation of alcohol are felonies under applicable federal law and are not allowed on College property, except that alcohol may be distilled for academic research purposes under the supervision of a faculty member.
4. It is illegal and a violation of this policy for those under the age of twenty-one ("minors") to possess or consume alcoholic beverages, or for anyone to provide alcoholic beverages to minors.
The following procedures have been developed with two goals in mind: 1) to promote increased understanding of the expectations embodied in this policy, and 2) to provide for its principled enforcement.
A. Certain terms used in this policy and the associated guidelines for events with alcohol are defined as follows. “Public” area means any space on the ÈËÆÞÓÕ»ó College campus (which as a whole is private property) other than student rooms in residence halls. As used in this policy, “college social event” is defined as any social gathering that 1) requires the reservation of any college property or facilities (including the Student Union, faculty lounges, and public areas in residence halls), or 2) that if otherwise occurring on campus receives publicity (including postings on electronic bulletin boards or mass e-mailings), or 3) that involves the expenditure of college funds. Lectures, discussion groups, and other gatherings associated with normal academic activities are not considered 'college social events.' But if alcohol is served at a reception following such lectures and other events, the organizers of the event are responsible for complying with the pertinent provisions of this policy. Alcohol may not be served or consumed at any academic event or in any place where academic activities are occurring. “College funds” is defined as any money (including student body funds and funds generated through student organizations) collected or disbursed by ÈËÆÞÓÕ»ó College. “Financial consideration” is defined in accordance with OLCC regulations and includes the use of college funds to purchase alcohol, as well as the purchase of alcohol through membership fees, the collection of donations, the sale of tickets, or direct purchase by persons being served.
B. The College shall distribute to all Community members, at the beginning of each academic year, the federally mandated information concerning federal, state, and local AOD laws, a copy of this policy, and a copy of the Guidelines for Events with Alcohol. These materials shall reference relevant Oregon State laws regarding AOD and the OLCC licensing requirements for events at which alcohol is sold or distributed and federal penalties and sanctions for illegal possession and trafficking of controlled substances.
C. ÈËÆÞÓÕ»ó College believes that students have certain rights to privacy in their residence hall rooms, as are specified in the housing contract. Students should nonetheless be aware that the right to privacy does not imply immunity from provisions of the law or of this policy, especially in the event of any violation coming to the explicit attention of a College official or legal authority.
D. All members of the ÈËÆÞÓÕ»ó community and their guests possessing alcoholic beverages must show legal proof of age on request from any member of the College Community.
E. When alcohol is being consumed by, or is in the possession of people on the ÈËÆÞÓÕ»ó campus who do not provide proof of legal age, when it is being distributed to those under legal age, or in violation of this policy and the associated guidelines for events with alcohol, or when, regardless of age, a person in possession of alcohol is acting unacceptably as defined by community standards or with hazardous disregard for themselves or those around them, said alcohol is subject to confiscation and is a violation of the policy. Illegal drugs and drug paraphernalia, if discovered or if known to be in the possession of any person on the ÈËÆÞÓÕ»ó campus, are always subject to confiscation and are a policy violation.
F. Gatherings in any public facility or public area on campus may not be closed to any College officer or to any staff member charged with determining that the provisions of this policy are being complied with.
G. For all events where alcohol is distributed or reasonably expected to be present, event organizers must follow the Guidelines for Events with Alcohol which outlines provisions to ensure that this policy must be followed. These Guidelines are found in the Campus Events Guidelines. The Guidelines for Events with Alcohol must be approved by both the Senate and the CAC. In the event that the Senate and the CAC cannot agree on a set of guidelines or an alteration to the existing guidelines, the proposed changes shall be procedurally treated as community legislation.
III. Violations of the Alcohol and Other Drug Policy
Alleged student violations of the AOD Policy should be 1) taken to the Honor Council, or 2) to the Student Judicial Board, or 3) to the Dean of Student Life (or designate), the latter particularly when a substance abuse problem may also be present. Actions may include medical leave, AOD assessment, treatment, informal or formal mediation, referral to the Student Judicial Board, referral for prosecution, or other sanctions as outlined in Section VI.
Alleged faculty violations of the AOD Policy should be referred to the Dean of the Faculty.
Alleged staff violations of the AOD Policy should be handled as outlined in the Staff Policies and Procedures Manual.
Adjudicating bodies or offices and Community Safety shall forward summary information regarding the incidence and disposition of alcohol and other drug related problems to the Dean of Student Life, who will compile a biennial summary report.
IV. Treatment of Substance Abuse Problems
A. Individuals with substance abuse problems are encouraged voluntarily to seek assistance and appropriate treatment options. The College provides certain counseling and treatment-related resources as well as referrals to sources of help off campus. The College employs counselors, who are available to talk with any student on a confidential basis and to advise faculty and staff on student-related AOD problems. Students may also seek help through the Office of Student Life, and/or the Health and Counseling Center. Faculty are encouraged to seek advice from the Office of the Dean of the Faculty. Staff are encouraged to talk with their supervisor or with the Director of Human Resources. Confidential counseling is available to Faculty and Staff through the Employee Assistance Program and information about this program is available at the Human Resources Office.
B. The College may provide a medical or rehabilitation leave for an individual requiring in-patient treatment. The medical leave policy for students is described in the Faculty Code, Section III-E. The rehabilitation leave program for faculty is described in the "Drug Use Statement" passed by the faculty at its November 13, 1989, meeting. The voluntary alcohol/substance abuse rehabilitation leave for staff is described in the Staff Policies and Procedures Manual.
C. The College should strive to preserve confidentiality for individuals voluntarily seeking assistance for a substance abuse problem.
D. The College encourages students, faculty, and staff to share concern for and to help those involved in substance abuse. Individuals who know of a substance abuse problem or who are trying to help someone with such a problem may themselves require considerable support. The College will endeavor to provide confidential assistance to such individuals, through the resources described in the first paragraph of this section.
E. Appropriate procedures for dealing with substance abuse problems in the case of faculty members are governed by the Rules of Procedure of the Faculty Constitution (Sections C-14 and F, G, and H), the Faculty Resolution on Drug Use of November 13, 1989, and in the case of staff members by the Staff Policies and Procedures Manual. Appropriate procedures for dealing with substance abuse problems in the case of students are governed by this policy.
V. Behavioral Problems Related to Alcohol or Other Drugs
A. Although the College hopes that individuals with substance abuse problems will voluntarily seek assistance, there are occasions when AOD use and/or abuse leads to harm or the danger of harm to the abuser or others or to an unacceptable detriment in academic or job-related performance. When suspected possession or use of alcohol or other drugs results in behavioral or performance problems that come to the attention of the College, the response may include an informal inquiry into the possibility of a substance abuse problem. Members of the community should direct suggestions for such an inquiry to the Dean of Student Life, the Dean of the Faculty, or the Director of Human Resources, as appropriate.
B. If it is determined by the informal inquiry that an abuse problem may be present but is being denied by the abuser, sanctions or intervention aimed at addressing the abuse problem may be imposed:
1. for students, by the Dean of Student Life, under procedures described in section VI. below for disciplinary sanctions and in the Faculty Code Chapter III, Section E, 2 for therapeutic interventions.
2. for faculty, by the procedures set forth in the Rules of Procedure of the Faculty Constitution (Sections C-14 and F, G, and H).
3. for staff, the voluntary alcohol/substance abuse rehabilitation leave falls under the same guidelines as the “unpaid medical leave” policy found in the benefits section of the Staff Policies and Procedures Manual.
VI. Response to Violations: Sanctions and Interventions
Violations of the AOD Policy and associated guidelines will normally be handled through the procedures explained below. Moreover, the presence of a substance abuse problem does not prevent disciplinary action for related breaches of the standards of conduct expected of members of the ÈËÆÞÓÕ»ó College Community. These various infractions may result in sanctions or interventions including but not limited to warnings, fines, community service, required educational programs, required substance abuse assessment, enrollment in a treatment program, involuntary medical leave of absence, probation, suspension, expulsion, termination of employment, and referral for prosecution.
In all cases, the College will maintain the privacy and confidentiality of student records consistent with the law. That said, some sanctions may require the student to follow aftercare recommendations sand to allow the College to monitor aftercare progress via a release of information with the treatment program.
A. Serious and Minor Violations and Uncooperative Behavior – Definition of Terms
For purposes of responding to violations, the following definitions should be used:
Violation: behavior which, according to direct or compelling circumstantial evidence, infringes upon the college’s stated policies and/or relevant legal statutes.
Serious AOD Policy Violations: possession of small quantities and/or use of “hard” drugs, possession of small quantities and/or use of illegal prescription drugs, distribution of alcohol to minors, possession of distribution quantities and/or actual distribution of any illegal drugs. Tampering with smoke detectors in any way represents a real and immediate threat to safety, and will generally be considered a serious violation.
Hard Drugs—include heroin, cocaine, and methamphetamine. These drugs pose health risks to users that are inherently unpredictable and potentially catastrophic. The probability of adverse consequences and the severity of those consequences—addiction, physical and mental illness, death—are unacceptably high. Possession of distribution quantities and/or actual distribution of hard drugs are among the most egregious violations, as these endanger the entire community. The Health and Wellness Plan Relating to Alcohol and Other Drug Use at ÈËÆÞÓÕ»ó (Implementation Plan) will provide a more detailed accounting of substances considered “hard” drugs.
Minor AOD Policy Violations: underage use of alcohol, personal use of illegal drugs not defined as “hard,” possession of personal use quantities of illegal drugs not defined as prescription or “hard” drugs. Use of cannabis in the residence halls and other campus facilities protected by smoke detectors is usually considered minor unless such use coincides with any attempt to disable a smoke detector.
Uncooperative Behavior: Student behavior in the context of AOD violations may be deemed uncooperative under the following circumstances:
a. The student refuses to provide I.D. and/or his or her name
b. The student refuses to surrender illegal drugs, paraphernalia, alcohol illegally possessed, or other evidence upon request
c. The student refuses to answer reasonable questions related to an AOD-related incident and/or provides intentionally inaccurate or incomplete answers
d. The student is otherwise overtly uncooperative with the reasonable questions or requests of a community safety officer (CSO) or college official related to an AOD-related incident.
Uncooperative behavior by a student may result in an initially higher response level than would otherwise be applied in a similar situation in which the student did not behave uncooperatively, and/or may result in engagement of disciplinary proceedings for both the AOD violation as well as the uncooperative behavior. The degree to which the student’s lack of cooperation will impact any subsequent response will depend on the specific circumstances of the incident in question.
B. Response Levels
The response levels listed are intended to guide the process of determining the most reasonable response to potential violations of the AOD Policy. Each reported incident will be reviewed individually and a response level will be initiated appropriate to the specific circumstances (see Section C below).
Level I - A Level I response will result in a warning letter from the Dean of Student Life or his/her designee that includes an invitation for the student to take advantage of confidential therapeutic resources, an invitation (voluntary) to discuss the incident with the Dean or a designee, and an invitation (voluntary) to discuss the incident with a Resident Director (RD), if appropriate. Level I responses are documented in the student’s educational record, but would not in and of themselves trigger a disciplinary entry in the student’s educational record.
Level II - Community Level Intervention: A Level II response will result in a meeting between the student and a representative of his or her community. In most cases this will be the student’s RD or a designee of the Dean. If a student declines to meet, a Level III or higher response will be initiated. The outcome of the meeting will depend on the specific circumstances of the violation and those involved in the meeting. If the meeting is successful (all parties agree to an outcome), the student will receive a letter from the Dean’s office documenting the satisfactory resolution and any mutually agreed upon outcomes. If the meeting is unsuccessful (the student and RD or designee do not agree on an outcome), a Level III response may be initiated. Level II responses are documented in the student’s educational record, but would not in and of themselves trigger a disciplinary entry in the student’s educational record.
Level III - Meeting with the Dean of Student Life or Designee: A Level III response will result in a mandatory meeting between the student and the Dean or designee. Failure to participate in this meeting will result in a Level IV response. This meeting will include a comprehensive overview of therapeutic resources, and likely future steps in the event of continuing violations. The outcome of this meeting will depend on the specific circumstances of the violation(s). A follow up letter will be sent to the student detailing the content of the meeting and documenting any mutually agreed upon outcomes. If both parties to the meeting agree to a specific outcome, the student will receive a letter from the Dean’s office documenting that the meeting was successful and restating the mutually agreed upon outcomes. Likely outcomes may include a referral to counseling or treatment resources, a behavioral expectations contract with the student stipulating specific responses to continued behavior, and/or community service work designed to help restore the relationship with the community. If the meeting is unsuccessful, a Level IV response or higher will be initiated. Level III responses are documented in the student’s educational record, but would not in and of themselves trigger a disciplinary entry in the student’s educational record.
Level IV - AOD Review Panel: A Level IV response will result in the referral of the incident to the AOD Review Panel. The Dean of Student Life shall designate a student life staff member to serve as complainant and the student involved will be the respondent. The panel will be composed of a student member of the Judicial Board selected by the chair of the Judicial Board, a faculty member of the AOD Committee selected by the committee chair, and a staff member from Student Life, other than the Dean, appointed by the Dean. The complainant may not be a member of the Panel. The AOD Review Panel will receive copies of the relevant Community Safety incident reports and other supporting documentation. The complainant and respondent will be given the opportunity to respond to the community safety incident reports and other documentation in writing. Responses should be sent within five (5) business days of notification of the proceeding.
In a given case, Panel members may recuse themselves if they feel they might be biased. Both complainant and respondent may request, in writing, the removal of a member of the Panel on the grounds of personal bias. Such requests will be considered by the remaining members of the panel. The two remaining panel members must agree to reject a request for removal; if either member of the panel concludes that removal is appropriate, the request should be granted. The panel’s decision on the matter shall be final. In the event that a Panel member is unable to serve, due to recusal, removal, or unavailability, a replacement member shall be selected, from the appropriate pool, as described above, by the appropriate chair or Dean. If none can be found, the chair or Dean shall use their discretion to select an appropriate replacement.
If the panel determines by majority vote that there is substantive factual disagreement with the incident reports, the panel should proceed no further, and recommend that the office of the Dean of Student Life initiates a Level V response. If the panel determines by majority vote that more likely than not the action represents a serious violation (as defined above), the panel should proceed no further, and recommend that the office of the Dean of Student Life initiates a Level V response. If the panel determines by majority vote that more likely than not the misconduct represents a minor violation or a pattern thereof (that is appropriate for the AOD Panel to review), the panel will deliberate and recommend sanctions in accordance with the guidelines below. If the sanctions are not unanimous, the dissenting individual may offer a written statement of disagreement with the majority recommendation. The findings and recommended sanctions, together with all supporting documentation, shall be forwarded to the President or his or her designee for a final decision.
When recommending sanctions, the panel shall place particular emphasis on treatment and educational outcomes. Likely outcomes may include a referral to counseling or treatment resources, a behavioral expectations contract stipulating specific responses to continued behavior, community service designed to help restore the relationship with the community, placing the student on disciplinary probation, placing the student in the bottom cohort of the housing lottery, cancellation of a housing contract, disqualifying the student from serving in leadership positions or participating in other activities where the student serves as a representative of ÈËÆÞÓÕ»ó, and/or limiting the student’s attendance at on- campus events where alcohol will be served. The AOD Review Panel may not recommend sanctions rising to the level of suspension or expulsion. The AOD Review Panel’s recommendations and sanctions are documented in the student’s educational record, but would not in and of themselves trigger a disciplinary entry in the student’s educational record.
The complainant or respondent may appeal the decision of the President or of his or her designee within ten (10) business days. If classes are in session, the appeal shall be heard by the Judicial Board. If classes are not in session, the appeal shall be heard by a Temporary Hearing Board constituted according to Section 1L of the Judicial Board Code. No one serving on the AOD Review Panel for a given case may also serve on the appellate body for that same case. The appeal should be made in writing to the chair of the board hearing the appeal. Apart from the composition of the appellate body, the appeals process shall generally follow Section 7 of the Judicial Board Code. The appellate body’s decision consists of recommendations to the President or his/her designee, who will make a final decision.
In all cases, the panel and/or hearing board will make relevant documentation of its deliberations and decisions available to the office of the Dean of Student Life, and will make every effort to keep said information confidential outside the purview of the office of the Dean of Student Life. The President or his or her designee is responsible for notifying the student, the Dean, and any other relevant parties of the ultimate outcome.
Level V - Honor Case: A Level V response will result in a referral of the incident to the Judicial Board. The outcome of a Judicial Board referral will be determined by the Judicial Board per the Judicial Board Code and all applicable policies and community guidelines. Any cases that result in a sanction by the Judicial Board would be documented as a formal disciplinary entry in the student’s educational record.
Egregious Violations: Additionally, in cases of egregious violations of the law and/or ÈËÆÞÓÕ»ó policy, the Dean of Student Life may opt to act immediately to provide for the safety of the ÈËÆÞÓÕ»ó community. Please refer to section 3B of the Judicial Board Code, cited below:
“The Dean of Student Life, or in case of his or her absence, the President of the College may, in case of emergency, take immediate action against a student for an alleged violation as specified in paragraph A, but must forward a complaint to the Judicial Board within six working days, counting only days while the college is in session, or be required to withdraw such action. In such cases, the action of the Dean or President shall remain in force until the conclusion of the judicial process.”
In such a case, the student shall be notified of the right to make an immediate appeal to the President of the College. Involuntary medical leave of absence (or other therapeutic intervention) may be appealed to the President of the College.
C. Guidelines for Responding to AOD Violations
Generally, the response level for AOD violations will begin at the lowest level appropriate to the violation, while taking into consideration the seriousness of the specific violation, relevant history, and extenuating or aggravating circumstances.
The guidelines listed below are intended to serve as the typical starting point for determining an appropriate response, but are not prescriptive. The Dean may ultimately initiate any response level based on the specific circumstances. Additionally, engagement of the honor process does not preclude other actions, such as review of housing contracts and possible eviction, allowable fines, referral for criminal investigation, or other available sanctions.
1. Minor Violations (as defined above)
First-time minor violations will in most cases receive a Level I response.
Repeated minor violations will in most cases receive a response one level higher than the previous response (i.e., if a previous violation received a Level I response, a subsequent violation will receive a Level II response, etc.).
Fifth and subsequent violations will in most cases receive a Level V response and generally be referred directly to the Judicial Board.
Violations that also involve uncooperative behavior may receive a higher level response than would otherwise be indicated in the absence of such behavior.
2. Serious Violations (as defined above)
First-time serious violations will be reviewed by the Dean and an initial response level will be chosen appropriate to the circumstances of the incident. If warranted by particularly egregious violations that threaten the safety of the ÈËÆÞÓÕ»ó community, external law enforcement resources may be engaged in accordance with ÈËÆÞÓÕ»ó’s Memorandum of Understanding with the Portland Police Bureau.
Repeated serious violations will be reviewed by the Dean and will typically receive progressively higher-level responses.
3. Prior Academic Year Violations
Second and subsequent minor violations from a prior academic year that did not result in referral to the Judicial Board will generally be viewed as if they were one response level below the prior year, e.g., if a student had two minor violations in the prior academic year, a first minor violation in the new academic year would generally receive a Level II response.
Second and subsequent serious violations will be reviewed by the Dean and receive a response appropriate to the specific circumstances.
D. Documentation of AOD Violations
AOD violations observed by or reported to community safety, the Dean of Student Life’ office, or other college officials, may be documented in one or more areas, based on the specific circumstances.
1. Community Safety Incident Reports: Community safety officers will document all AOD violations in the form of an incident report. The names of all persons associated with an incident (reporting party, subject, witness, CSO, etc.) will be included in the report, along with all relevant facts, statements, and evidence. All alcohol or other drug related incident reports are reviewed by the Director of Community Safety and, when appropriate, forwarded to the Dean (or designee) for further review and follow up. All information shared between the Community Safety office and any other office on campus shall become part of the student’s educational record. Community safety incident reports that relate to AOD violations are permanent and are generally not considered part of the student educational record.
2. Clery Act Reporting: The college is required to report annually to the U.S. Department of Education (DOE) all violations of AOD policies that are law violations and referred for disciplinary action.
3. Student Educational Record Reporting: Reports of violations of the AOD Policy are recorded in a database of student incidents and interactions, which is one component of the student’s educational record. Entries into this database are intended to document all steps in the process of reviewing and responding to AOD violations, and do not constitute a separate disciplinary record. Any cases that result in a sanction by the Judicial Board would be documented as a formal disciplinary entry in the student’s educational record.
4. Dean of Student Life’ Documentation: The Dean or his/her designee, will document the consequent action that the Dean determines is appropriate and necessary in a letter (email or hard copy) to the student.
5. Health & Counseling Center: Information a student provides directly to clinical staff members of the Health & Counseling Center (HCC) is considered private and confidential and is protected by applicable state regulation, federal law, and expectations for ethical professional conduct. The HCC staff will not release to anyone outside of the HCC any information about students, including information related to alcohol or other drug use. The only exceptions to this are in circumstances where the student provides explicit written permission, the staff member assesses a situation of grave and imminent danger to the student or others, certain cases of child abuse, elder abuse, the abuse of a disabled person, or if subpoenaed to testify in court. Please discuss any concerns about this with HCC staff.
E. In the case of alleged violations by faculty, a decision to impose sanctions or therapeutic intervention is subject to appeal by procedures outlined in the Rules of Procedure of the Faculty Constitution (Sections C-14 and F, G, and H), the Faculty Resolution on Drug Use of November 13, 1989.
F. In the case of alleged violations by staff, the procedures in the Staff Policies and Procedures Manual, section XIV, “Supervisor Procedures: Employee Assistance Program” pertain. Supervisors may refer an employee for counseling as part of a discipline process or a “last chance agreement.”
VII. Alcohol and Other Drug Committee
Alcohol and Other Drug Committee Charge
Each academic year, the President of the College shall appoint an Alcohol and Other Drug Committee, consisting of at least two faculty members (one a member of CAC), at least two students (one a member of Senate), the Dean of Student Life, and the Directors of Health & Counseling and Community Safety. Other community members, including but not limited to the Director of Institutional Research, may be asked to participate in Committee Activities on an ad hoc basis.
The committee shall be charged with these duties:
1. To consult with the Director of Institutional Research in order to survey incoming and enrolled students on a regular basis to better understand the AOD use patterns of ÈËÆÞÓÕ»ó students.
2. To consult with the Honor Council and others in order to promote education regarding the cognitive and social effects of AOD use and abuse.
3. To work with Student Life, Residence Life, Health Services, CAC and the Student Senate to find better ways for the community to take positive actions to reduce AOD abuse.
4. To review the College’s biennial AOD reports and when appropriate to make recommendations based on their findings.
5. To meet with the CAC at the beginning of each academic year in order to formulate an agenda for that year. It will report back to the CAC at least once each semester.
6. As needed, a faculty representative of the AOD Committee or if necessary a designee thereof will serve on the AOD Review Panel as detailed in Section VI of this policy.
A. Preamble
ÈËÆÞÓÕ»ó College affirms the need for ÈËÆÞÓÕ»ó’s policies and procedures to support the practice of students calling for help during a medical emergency. A growing body of evidence suggests that among the factors that may contribute to a reduction of students’ willingness to call for help in a medical emergency is the belief that doing so would result in disciplinary action for either the caller, the individual in need of help, and/or any groups associated with the incident. The inclusion of the medical amnesty clause is an effort to ensure that students’ safety takes priority in the implementation of ÈËÆÞÓÕ»ó’s AOD Policy.
According to this policy, when a student experiences a physical and/or psychological crisis while under the influence of alcohol or other drugs (AOD), neither the student in crisis nor any student calling for help will be subject to disciplinary action for personal possession or use of illicit substances, including consumption of alcohol by minors.
B. Community Safety and Dean’s Office Response to Medical Emergencies
The community safety officer(s) (CSO) on-scene in the event of an AOD emergency will document the incident and the identities of all students directly involved, and students are expected to cooperate fully with responding CSOs. Documentation by CSOs will be reviewed by the Director of Community Safety for accuracy and completeness and will be forwarded to the Dean of Student Life in order to thoroughly document the incident. A search of the premises will be conducted by the CSO only for medically relevant purposes (i.e., determining the substance(s) ingested by the student in need of medical attention). Illicit substances and paraphernalia observed by CSOs will be confiscated pursuant to ÈËÆÞÓÕ»ó policy.
In an effort to prevent the recurrence of such a medical emergency and to identify patterns of problematic AOD behavior, the Dean will document the incident in the student’s educational record, separate from the student’s disciplinary file. The Dean will share this documentation with the Health & Counseling Center (HCC), and will write a letter to the student to inform him/her that his/her behavior represents a violation of ÈËÆÞÓÕ»ó’s AOD Policy, is covered under ÈËÆÞÓÕ»ó’s Medical Amnesty Policy, and will therefore not be included in his/her disciplinary record. At the discretion of the Dean, the student who experienced the AOD-related incident may be required to attend up to two appointments at the HCC for evaluation and treatment purposes. This evaluation is provided free of charge. Any recommendations for further treatment or action will be left to the discretion of HCC staff. The person who calls for help on behalf of an intoxicated student will not be requested to undergo any evaluation, unless deemed necessary by the Dean.
In lieu of working with HCC staff, students may choose a community-based provider licensed to provide AOD evaluation services. A letter from the community-based provider documenting attendance and the result of the evaluation must be sent to the Dean. The cost of evaluation provided outside of the HCC is borne by the student. Failure to attend mandatory health appointments will invalidate the Medical Amnesty Policy, and standard disciplinary action will be taken.
In cases of sexual abuse or physical assault involving AOD, student life staff will not pursue disciplinary action against someone who complains of a physical or sexual assault as a result of AOD use.
C. Misuse of the Medical Amnesty Policy
The Medical Amnesty Policy should not be abused. This policy does not protect students who are found to be in violation of other ÈËÆÞÓÕ»ó policies from disciplinary action. Cases in which the individual in need of help is found to be guilty of sexual abuse/assault; physical assault; vandalism; theft; destruction of property; distribution, possession of distributable quantities; or intention to distribute scheduled substances will in most cases result in formal disciplinary action as described in applicable ÈËÆÞÓÕ»ó policies. In cases involving hard drugs (with no evidence of distribution, possession of distributable quantities or intention to distribute), the Dean will in most cases require the student to be evaluated by HCC staff and/or a community provider specializing in AOD, to follow subsequent treatment recommendations, and to provide documentation thereof to the Dean. Failure to comply with these recommendations may result in disciplinary action.
Should a student who invokes the Medical Amnesty Policy experience a subsequent AOD-related medical emergency, s/he may be excluded from the Medical Amnesty Policy and therefore subject to disciplinary action.