This policy is provided in compliance with the provisions of The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989 to all Southern Adventist University employees and students. Southern Adventist University is committed to achieving a drug free campus and will both support those who voluntarily take steps to rid themselves of illicit drug use and alcohol abuse and rigorously enforce applicable laws and policies.
I. POLICY
It is the policy of Southern Adventist University to maintain a safe and healthful environment for its students and employees. A drug-free/alcohol-free lifestyle for employees and students alike is intrinsic to this policy. Therefore, it is the policy that the manufacture, distribution, possession, and use of alcohol and illicit drugs are strictly prohibited.
The unlawful possession, use, distribution, sale, or manufacture of illicit drugs and alcohol on Southern Adventist University's campus, on property owned or controlled the university, or as part of any activity of the university is strictly prohibited. All employees and students are subject to applicable federal, state and local laws related to this matter. Additionally, any violation of this policy will result in disciplinary action as set forth in the Student Handbook and the Employee Handbook and as defined by any other existing university policies, ordinances, rules, and regulations.
The university considers the serving of alcohol as inappropriate; doing so could affect employment. Illicit drugs include such substances as opium derivatives, hallucinogens (e.g. marijuana, mescaline, peyote, LSD, psilocybin), cocaine, amphetamines, codeine, heroin, morphine and other drugs prohibited by law. This definition does not include lawfully prescribed drugs which are being taken under a physician's directions.
II. LEGAL SANCTIONS
Various federal, state, and local statutes make it unlawful to manufacture, distribute, dispense, deliver, sell, or possess with intent to manufacture, distribute, dispense, deliver, or sell controlled substances. The penalty imposed depends upon various factors including type and amount of controlled substance involved, number of prior offenses, if any, whether death or serious bodily injury resulted from the use of such substance, and whether any other crimes were committed in connection with the use of the controlled substance.
Possible maximum penalties for a first-time violation of federal criminal drug laws include imprisonment for any period of time up to a term of life imprisonment, substantial fines, supervised release, or any combination of the above. These sanctions are doubled when the offense involves either: 1) distribution or possession at or near a school or college campus or, 2) distribution to persons under 21 years of age. Repeat offenders may be punished to a greater extent as provided by statue. Further, a civil penalty of up to $10,000 may be assessed for simple possession of “personal use amounts” of certain specified substances under federal law.
Under state law, the offenses of distribution, possession or casual exchange is punishable as a Class A misdemeanor; for a first offense (unless the possession is authorized by a valid prescription). If there is an exchange between a minor and an adult at least two years the minor's senior, and the adult knew that the person was a minor, the offense is classified as a felony as provided in T.C.A. §§ 39-17-417, 418. It is also a Class A Misdemeanor to possess with intent to use drug paraphernalia. T.C.A. § 39-17-425. Class A misdemeanors punishable by imprisonment of up to 1 year and fines up to $2,500. It is unlawful for any person under the age of 21 to buy, possess, transport, or consume alcoholic beverages, wine, or beer. T.C.A. § 1-3-113. Further, it is an offense (1) to provide alcoholic beverages to any person under the age of 21, including purchasing alcoholic beverages for or at the request of a person under 21 years of age, (2) for a person under 21 to attempt to purchase alcohol, and (3) to use false identification to purchase alcohol. T.C.A. § 57-3-412 and T.C.A.§ 57-5-301. Such offenses are generally classified as misdemeanors punishable by prison sentences of less than a year and fines ranging from $50 to $2,500. Repeat offenders may be subject to harsher penalties.
III. HEALTH RISKS ASSOCIATED WITH SUBSTANCE USE AND ABUSE
Many health risks are associated with the use of illicit drugs and the abuse of alcohol, including organic damage; impairment of brain activity, digestion, and blood circulation; impairment of physiological processes and mental functioning; and physical and psychological dependence. Such use during pregnancy may cause spontaneous abortion, various birth defects or fetal alcohol syndrome. In addition, the illicit use of drugs can increase the risks of contracting hepatitis, AIDS, and other infections. If used excessively, alcohol or drugs taken singly or in certain combinations may cause death. Additional information on the risks associated with illicit drug use and abuse of alcohol is available at University Health Center.
IV. UNIVERSITY SANCTIONS
Southern Adventist University will not knowingly admit a student or employ any person who uses illicit drugs or alcohol and will impose the appropriate sanctions on any employee or student who fails to comply with the terms of this policy.
As a condition of employment, each employee, including student employees, must abide by the terms of this statement and, must notify the President in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. A conviction includes a finding of guilt, a plea of nolo contendere, or imposition of a sentence by any federal or state judicial body. In the event any such conviction involves an employee work on a federal contract or grant, the university will contact the granting or contracting federal agency within ten days of receiving notice of a conviction. Possible disciplinary sanctions for failure to comply with this policy, including failure to notify of conviction will result in termination of employment.
V. ACCESS TO TREATMENT INFORMATION
This policy will be reviewed periodically (a) to determine its effectiveness and to implement changes that may be needed; (b) to ensure that sanctions are consistently enforced, and (c) to meet the stated requirements for compliance with federal regulations.