Drug-Free
Workplace/Drug-Free Schools Policy
The purpose of this policy is
to comply with the Drug-Free Workplace Act of 1988 Pub. L
100-690, Title V, Subtitle D), as amended, and the Safe and
STANDARDS OF CONDUCT
All
a.
The unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited at the workplace or on the property of
b.
Reporting for work, attendance by a student at any class, or attendance
by either a student or employee at any activity of the University under the
influence of any controlled substance is prohibited.
c.
Violation of any of the prohibitions may result in immediate
dismissal.
d. The
University conducts an awareness program, under the supervision of the Human
Resources Director. The
program will inform employees about:
1) the dangers of drug abuse in the
workplace,
2)
3) consequences of violation of the policy,
and
4) the Faculty and Staff Assistance
Program.
e. Each
current employee will receive a copy of the policy annually. Each new employee
will receive, and certify receipt of, a copy of the policy as part of employment
processing.
The certification shows that the
employee:
1) has received a copy of the
policy,
2) agrees to abide by the terms of the policy,
and
3) understands that under federal law and as a condition of employment,
if the employee is convicted for violation in the workplace of any criminal drug
statute, he/she must report said conviction to his//her supervisor and the
Director of Human Resources no later than five (5) days after such
conviction.
f.
Each student will receive a copy of the policy annually.
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND
SANCTIONS:
Federal law prohibits the
trafficking and illegal possessions of controlled substances as outlined in 21
Unit States Code, Sections 811 and 844. Depending on amount, first offense
maximum penalties for trafficking marijuana range from the five yearís
imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4
million. Again, depending on the amount first offense maximum penalties for
trafficking class I and H controlled substances (methamphetamine, hero cocaine,
cocaine base, PCP, LSD, fentanyl analogue range from five years to life
imprisonment and maximum fines range from $2-$4 million. First offense penalties
and sanctions for the illegal possession of a controlled substance range from up
to one year in prison and a fine of at least $1,000 but not more than $250,000
or both.
STATE LAW:
State Drug
Laws
Pursuant to Chapter 60A of the
Code of West Virginia, West Virginia has adopted the Uniform Controlled
Substances Act.
a.
Restricts manufacture, delivery, or possession with intent to manufacture
or deliver, of a controlled substance.
Maximum penalties range, depending on class of
substance, from one to fifteen years imprisonment and fines of
$5,000-$25,000.
b.
Restricts creation, delivery, or possession with intent to deliver, of a
counterfeit substance. Maximum penalties range, depending on class of substance,
from one to fifteen years imprisonment and fines of
$5,000-$25,000.
c.
Restricts possession of a controlled substance unless the substance was
obtained directly from, or pursuant to, a valid prescription or order of a
doctor. Maximum penalties six months imprisonment and fines of
$1,000.
d.
Restricts creation, distribution, or delivery, or possession with intent
to distribute or deliver an imitation controlled
substance.
Maximum penalties three years imprisonment and fines of
$10,000.
WV Code
ß60A-4-403a. :
a.
Restricts conducting, financing, supervising, or owning an illegal drug
paraphernalia business. ìDrug deviceî means an object usable for smoking
marijuana, for smoking controlled substances defined as tetrahydrocannabinols, or for ingesting or inhaling cocaine,
and includes, but is not limited to:
(i) Metal, wooden,
acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured metal
bowls;
(ii) Water
pipes;
(iii Carburetion tubes and
devices;
(iv)
Smoking and carburetion
masks;
(v) Roach clips, meaning
objects used to hold burning material, such as a marijuana cigarette, that has
become too small or too short to be held in the hand;
(vi)
Chamber
pipes;
(vii)
Carburetor pipes;
(viii)
Electric pipes;
(ix) Air-driven
pipes;
(x)
Chillums;
(xi)
Bongs;
(xii)
Ice pipes or chillers; and
(xiii)
Miniature cocaine spoons, and cocaine vials. Maximum
penalties twelve months imprisonment and fines of
$5,000.
WV Code
ß60a-4-406. :
Denies parole for two years to persons more than 21
distributing to persons less than 18.
WV Code ß60A-4-40 :
Doubles penalties for second and subsequent offenses of
Uniform Controlled Substances Act.
WV Code
ß60A-4-409. :
Restricts transportation into
Maximum penalties range, depending on class substance, from one to
fifteen years imprisonment and fines of $5,000-$25,000.
STATE ALCOHOL
LAWS:
WV Code
ß60-3A-24. :
a. Restricts possession, purchase, or consumption of
liquor by persons less than 21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
b. Criminalizes procurement or attempts to procure
liquor through false pretenses by person less than 21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
c. Criminalizes distribution of liquor to any person
under 21not-related to distributor by blood or marriage.
Maximum penalties ten days imprisonment and fines of
$100.
d.
Criminalizes consumption of liquor on premises of retail
outlet.
Maximum penalties ten days imprisonment and fines of
$100.
WV Code
ß60-8-20. :
a.
Restricts possession, purchase, or consumption of wine by persons less
than 21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
b.
Criminalizes procurement or attempts to procure wine through false
pretenses by persons less than 21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
c.
Criminalizes distribution of wine to any person under 21 nor-related to
distributor by blood or marriage.
Maximum penalties ten days imprisonment and fines of
$100.
WV Code ß
a.
Restricts possession, purchase, or consumption of beer by persons less than
21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
b.
Criminalizes procurement or attempts to procure beer through false
pretenses by person less than 21.
Maximum penalties seventy-two hoursí imprisonment and
fines of $50.
c.
Criminalizes distribution of beer to any person under 21 not-related to
distributor by blood or marriage.
Maximum penalties ten days imprisonment and fines of
$100.
d.
Restricts transport into
WV Code
ß60-6-9. :
Restricts public intoxication, public
consumption, and consumption in a motor vehicle in operation. Maximum penalties sixty days
imprisonment and fines of $100.
WV Code
ß17C-5-2. :
Criminalizes operation of vehicle under influence or
with alcohol blood content level above .08%. Maximum
penalties range, depending on whether other offenses occur in conjunction with
the DUI, from six
months to ten years imprisonment and fines of $500-$3,000.
A complete description of all
controlled substances under federal and state law and all laws regulating
controlled substances and alcohol may be obtained from the Director of Public
Safety or the Dean of Students.
REFERRAL AND
TREATMENT
To ensure the most effective
implementation of this program, the following concepts are
supported:
*
Alcohol or other drug dependence is a disease that can be successfully
treated.
*
Specific steps will be taken for referral of persons at risk for alcohol
and other drug problems appropriate resources for assessment and
treatment:
University Employee Assistance
Programs
Student Assistance Program at the Health
Counseling and Consultation Services
Community drug/alcohol treatment centers
*
Faculty, staff and students should be apprised that treatment is not a
refuge from disciplinary action and that dependency problems that do not respond
to treatment may ultimately result in appropriate disciplinary
action. Disciplinary actions may be held in abeyance pending the conclusion of a
treatment program and be mitigated by the results of such a
program.
Deferred sanctions may be
applied if the individual is uncooperative or fails to make
improvements.
PERSONAL
RISKS
Misuse of alcohol and other
drugs can result in, or make worse, a number of personal, relationship, physical or legal problems. Even low doses
significantly impair judgment and coordination, making driving dangerous. The use of mood altering chemicals
increases the incidence of aggressive acts and may cause marked impairment in
higher mental functions, severely altering the ability to learn and remember
information. Alcohol-related traffic accidents are the number one killer of
young people in
DISCIPLINARY
SANCTIONS