Policy 5-528 Prevention of Alcohol and Drug Abuse


  1. Policy
  2. Definitions
  3. Relevant Federal and State Statutes
  4. Relevant UT System and UTA Policies, Procedures, and Forms
  5. Who Should Know
  6. UTA Officer(s) Responsible for Policy
  7. Dates Approved or Amended
  8. Contact Information compliance@uta.edu
  1. Policy

     

    The Drug-Free Schools and Communities Act of 1989 and the Drug-Free Workplace Act of 1988 require institutions of higher education to design and implement alcohol and illicit drug programs on their campuses. In compliance with these Acts, UTA has adopted and implemented a program to 1) prevent the unlawful manufacture, possession, use, or distribution of unlawful drugs and alcohol by students and employees on UTA property or as part of any university activity; and 2) prevent the use of alcohol during working hours, in a manner that impairs work performance, disrupts the educational environment, or impairs the health or safety of the person or the campus community.

     
    Prohibited Conduct
     

    Standards of conduct apply to all on and off campus activities and any activities sponsored by UTA.

     

    Employees

     

    The University provides employees with information regarding prohibited conduct relative to alcohol and drugs by making relevant policies and procedures available.

    1. UTA HOP Policy 5-525 Discipline and Dismissal of Classified Employees includes action that may be taken in response to an employee's drug or intoxicant activity.
    2. University Procedure 3-41 Alcohol and Drug-free Workplace cites the Drug-Free Workplace Act of 1988 (41 U.S.C.A. 701-707) and the Drug-Free Schools and Communities Act Amendments of 1989 and provides an overview of prohibited conduct, legal sanctions, and university action that may be taken in response to violations.
    3. University Procedure 3-34 Ethics and Standards of Conduct and its accompanying Standards of Conduct Guide for Employees provides additional information on expectations of behavior regarding alcohol and drugs.
    4. University Procedure 3-43 Drug-Free Work Force Rules for Employees Whose Salaries are Funded by a Department of Defense Contract provides how the University complies with the requirements of the Department of Defense (DOD) by ensuring that employees connected to DOD contracts are subject to drug testing and are provided assistance with treatment and rehabilitation if needed.
    5. University Procedure 3-40 Drug and Alcohol Testing indicates which employees are subject to drug and alcohol testing and how the results of the tests are handled.
     

    Students

     

    The University provides students with information regarding prohibited conduct relative to alcohol and drugs by making relevant policies and procedures available.

    1. UTA HOP Policy 9, Student Conduct and Discipline lists proscribed conduct associated with alcohol and drugs.
    2. UT System Board of Regents Rule 50101 Student Conduct and Discipline provides that disciplinary action may be taken against any student that violates UT System or UTA rules and regulations regarding drugs and alcohol and/or state, local and federal laws whether such conduct takes place on or off campus.
     
    Legal Sanctions
     

    Federal

     
    OFFENSE MINIMUM PUNISHMENT MAXIMUM PUNISHMENT
    Manufacture, distribution or dispensing drugs (includes marijuana) A term of imprisonment for up to 5 years, and a fine of $ 100,000. A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 (for an individual) or $50,000,000 (if other than an individual).
    Possession of drugs (includes marijuana) Imprisonment for up to 1 year, and a fine of $1,000. Imprisonment for not more than 3 years or less 90 days, and a fine not to exceed $250,000
    Operation of a Common Carrier under the influence of alcohol or drugs   Imprisonment for up to 15 years and a fine not to exceed $250,000.
     

    State

     
    OFFENSE MINIMUM PUNISHMENT MAXIMUM PUNISHMENT
    Manufacture or delivery of controlled substances (drugs) Confinement in the jail for a term of not less than 180 days or more than 2 years and a fine not to exceed $10,000. Confinement in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000.
    Possession of controlled substances (drugs) Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000 or both. Confinement in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000.
    Delivery of Marijuana Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000 or both. Confinement in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000.
    Possession of Marijuana Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000 or both. Confinement in TDC for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000
    Driving while Intoxicated (includes intoxication from alcohol, drugs, or both) Confinement in jail for a term of not more than 180 days or less than 72 hours, and a fine not to exceed $2,000 or both Confinement in jail for a term of not more than 10 years or less than 2 years, and a fine not to exceed $10,000.
    Public Intoxication   A fine not to exceed $500
    Purchase, Consumption, or Possession of alcohol by a minor. A fine of not to exceed $500 For a subsequent offense, a fine of not less than $250 nor more than $2000, or confinement in jail for up to 180 days or both.
    Sale of alcohol to a minor   Fine not to exceed $4000 or confinement in jail for not more than one year, or both.
    Purchase, consumption, or possession of cigarettes or tobacco products by a minor   Fine not to exceed $250 or attend a tobacco awareness program.
    Sell (Give) cigarettes or tobacco product to person under 18   Fine not to exceed $500.
    Purchase of alcohol for a minor; furnishing alcohol to a minor   Fine not to exceed $4,000 or confinement in jail for not more than one year or both.
     

    Local

    City of Arlington ordinance 14-006, Article I provides information regarding restrictions on the sale and consumption of alcohol and consequences for violations. Violations of licensing and reporting requirements are a misdemeanor punishable by a fine of $10.00 to $200.00. Violations are reported to the Texas Alcoholic Beverage Commission.

     
    Health Risks Associated with the Abuse of Alcohol or use of Illicit Drugs
     

    Alcohol

    Health hazards associated with the excessive use of alcohol or with alcohol dependence include:

    1. Dramatic behavioral changes, retardation of motor skills and impairment of reasoning and rational thinking, which in turn result in a higher incidence of accidents.
    2. Vitamin and mineral deficiencies.
    3. Intestinal bleeding.
    4. Damage to nerves and the brain.
    5. Psychotic behavior, loss of memory and coordination.
    6. Damage to the liver often resulting in cirrhosis, severe inflammation of the pancreas, and damage to bone marrow, heart, testes, ovaries and muscles.
    7. A ten-fold higher incidence of cancer.
     
    Drugs
     

    The use of illicit drugs results in the same general type of physiological and mental changes as those caused by alcohol; however, those changes are frequently more severe and more sudden.

     

    Prescription drug abuse: People with prescription drug abuse problems rarely associate with other types of addicts and do not believe they have a drug problem by using a legal drug.

     

    Cocaine: Cocaine is a stimulant that is most commonly inhaled as a powder. It can be dissolved in water and used intravenously. The cocaine extract (crack) is smoked. Users can progress from infrequent use to dependence within a few weeks or months. Psychological and behavioral changes which can result from use include over-stimulation, hallucinations, irritability, sexual dysfunction, psychotic behavior, social isolation, and memory problems. An overdose produces convulsions and delirium and may result in death from cardiac arrest. Cocaine dependency requires considerable assistance, close supervision, and treatment.

     

    Amphetamines: Patterns of use and associated effects are similar to cocaine. Severe intoxication may produce confusion, rambling or incoherent speech, anxiety, psychotic behavior, ringing in the ears, hallucinations. Intense fatigue and depression resulting from use can progress to severe depression. Large doses may result in convulsions and death from cardiac or respiratory arrest.

     

    MDA and MDMA (XTA, ecstasy): These amphetamine-based hallucinogens are sold in powder, tablet, or capsule form and can be inhaled, injected or swallowed. They cause similar, but usually milder, hallucinogenic effects than those of LSD. Because they are amphetamines, tolerance can develop quickly and overdose can happen. Exhaustion and possible liver damage can occur with heavy use. In high doses, these drugs can cause anxiety with known or previously undiagnosed heart conditions.

     

    Heroine and Other Opiates: Addiction and dependence can develop rapidly. Use is characterized by impaired judgment, slurred speech, and drowsiness. Overdose is manifested by coma, shock, and depressed respiration, with the possibility of death from respiratory arrest. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea, vomiting, and muscle and joint pains.

     

    Hallucinogens or Psychedelics: These include LSD, mescaline, peyote, and phencyclidine or PCP. Use impairs and distorts one’s perception of surroundings, causes mood changes and results in visual hallucinations that involve geometric forms, colors, and persons or objects.

     

    Solvent Inhalants (e.g. glue, lacquers, plastic cement): Fumes from these sources can cause problems similar to those caused by alcohol. Incidents of hallucinations and permanent brain damage are more frequent with chronic use.

     

    Marijuana (Cannabis): Marijuana is usually ingested by smoking. Smoking marijuana causes disconnected ideas, alteration of depth perception and sense of time, impaired judgment and impaired coordination. Prolonged use can lead to psychological dependence.

     

    Rohypnol (rophies, roofies, rope): This drug is in the same category of drugs as Valium, a benzodiazepine, but it is more potent than Valium. Initially, it causes a sense of relaxation and reduction of anxiety. At higher doses, light-headedness, dizziness, lack of coordination and slurred speech occur. The drug affects memory and, in higher doses or if mixed with other drugs or alcohol, can result in amnesia for the time period the user is under its influence. Because of the amnesia effect, Rohypnol has been given intentionally to others to facilitate sexual assault and other crimes. Combining this drug with other sedating drugs, including alcohol, will increase the intensity of all effects of the drug and in sufficient doses, can cause respiratory arrest and death. Dependency can occur.

     

    Damage from Intravenous drug use: In addition to the adverse effects associated with the use of a specific drug, intravenous drug users who use unsterilized needles or who share needles with other drug users can develop HIV disease, hepatitis, tetanus (lock jaw), and infections in the heart. Permanent damage can result.

     
    Counseling and Treatment Programs
     

    Assistance is available to all members of the campus community through the National Alcohol and Drug Abuse Hotline at 800-252-6465, Alcoholics Anonymous at 817-861-8100, Al-Anon at 1-888-425-2666, the North Texas Addiction Counseling and Education Organization at 817- 795-8278, the Texas Department of State Health Services at 817-264-4500, and the Recovery Resource Council at 817-332-6329. In addition, services are available specifically for UTA students and employees.

     

    Students

    1. Drug and alcohol counseling and referral services, UTA Health Services at 817-272-2771.
    2. Students may also seek assistance from the UTA Center for Students in Recovery.

     

     

    Employees

    Assistance is available for benefits eligible university employees and their dependents through the Employee Assistance Program (EAP). The program includes four prepaid sessions for evaluation, short-term counseling and referral for alcohol/drug abuse as well as for other problem areas.

     
    University Disciplinary Sanctions
     

    Students: Depending on the severity of the violation, penalties that may be imposed for conduct related to the unlawful use, possession or distribution of drugs or alcohol include disciplinary probation, training and education, payment for damage to or misappropriation of property, suspension of rights and privileges, suspension for a specified period of time, expulsion, or such other penalty as may be deemed appropriate under the circumstances.

     

    Employees: The unlawful use, possession, or distribution of drugs or alcohol will result in disciplinary probation, demotion, suspension without pay, or termination depending upon the circumstances.

     
    Parental Notification
     

    The Family Educational Rights and Privacy Act (FERPA) permits colleges and universities to inform the parents/guardians of a student under age 21 if such student is found in violation of university or federal/state alcohol or drug rules. UTA will adhere to the following policy to notify parents or guardians of students involved in alcohol and drug incidents:

    1. If a registered student under the age of 21 is involved in a university policy violation and/or federal or Texas state law violation for public intoxication or the possession, consumption or distribution of alcohol or illicit drugs, the student’s parent(s) will be notified in writing of the incident by the Office of Student Conduct.
    2. The parent(s) or guardian(s) of a registered student, without respect to the student’s age, will also be notified in the event of the student’s alcohol or drug violation or misuse where such notification is necessary to protect the health or safety of the student or other individuals. These events include, but are not limited to (1) the student being transported to an emergency medical treatment facility for drug use or alcohol intoxication (2) medical attention to any person, including the student that may be required as a result of the student’s alcohol or drug related behavior, and (3) the student’s demonstration of a reckless disregard for his or her personal safety or the safety of others.
     
    Annual Policy Distribution
     

    In addition to the publication of this information in the University’s Handbook of Operating Policies, and on the University’s website, additional efforts are made to ensure that each student and employee has received the information on an annual basis.

     
    Annual Distribution to Students
     

    All enrolled students will receive an email from University Compliance Services with an attached copy of this policy. Enrollment Services will assist in the notification process.

    1. Fall and spring semesters: notification will be made on the day after the official reporting day.
    2. Summer session: notification will be made to all students enrolled in summer sessions on their official reporting day.
    3. The current policy may also be provided with registration materials, class calendars, and new student orientation sessions.
    4. The notification will be included in the TrailBlazer at the beginning of each semester (i.e. Fall, Spring, Summer I and Summer II.)
     
    Annual Distribution to Employees
     

    To ensure that all faculty and staff receive the annual notification regardless of the timing of their employment during the year, the following procedures will be employed:

    1. The policy will be provided in new employee orientation sessions.
    2. Human Resources will distribute the policy to all new employees with the new-hire packet.
    3. The notification will be included in the MavWire at the beginning of each semester (i.e. Fall, Spring, Summer I and Summer II).
     
    Reporting and Recordkeeping
     

    Biennial Review and Report: Biennial reviews of UTA’s alcohol and drug abuse program are conducted to determine effectiveness and consistency of sanction enforcement and to identify any need for changes.

    1. The biennial review is conducted in even-numbered years based on data collected for the two preceding academic years.
    2. The Review Report will contain:
      • Descriptions of the program elements
      • A statement of program goals and a discussion of goal achievement
      • Summaries of the program’s strengths and weaknesses
      • Procedures for distributing annual notifications to all students and employees
      • Copies of the policies distributed to all employees and students; and
      • Recommendations for revising the program.
    3. Record keeping: UTA will retain the following records for three years after the fiscal year in which the record was created:
      • Results of the last biennial year
      • Contents of the annual notification distributed in writing to each employee and to each student taking one or more classes for any type of academic credit except continuing education regardless of the length of the student’s program of study.
      • Any other records reasonably related to UTA’s compliance with the program.
  2. Definitions

     

    N/A

  3. Relevant Federal and State Statutes

     

    The Drug-Free Workplace Act of 1988 (United States Code Title 41.Chapter 81 Sections 701-707)

    The Drug-Free Schools and Communities Act Amendments of 1989 (United States Code Title 20.1011i)

    The Drug-Free Schools and Campuses Regulations (EDGAR Part 86)

    Texas Alcoholic Beverage Code

    Texas Controlled Substances Act

  4. Relevant UT System and UTA Policies, Procedures, and Forms

     

    UT System Regents' Rules and Regulations, Rule 50101 Student Conduct and Discipline

    UTA Procedure 3-41 Alcohol and Drug-free Workplace

    UTA HOP Policy 13-200 Alcoholic Beverages

    UTA HOP Policy 9 Student Conduct and Discipline

    UTA HOP Policy 5-525 Discipline and Dismissal of Classified Employees

    UTA Procedure 3-43 Drug-Free Work Force Rules for Employees Whose Salaries are Funded by a Department of Defense Contract

    UTA Procedure 3-40 Drug and Alcohol Testing

  5. Who Should Know

     

    All UTA employees and students

  6. UTA Officer(s) Responsible for Policy

     

    Executive Director for Compliance Services

  7. Dates Approved or Amended

     

    March 20th, 2019

  8. Contact Information

     

    All questions concerning this policy should be directed to the Executive Director of Compliance Services. compliance@uta.edu