Legal

ALCOHOL AND DRUG ABUSE PREVENTION PROGRAM

INTRODUCTION

The Drug-Free Schools and Communities Act Amendments of 1989, as articulated in the Education Department General Regulations (EDGAR) Part 86, the “Drug-Free Schools and Campuses Regulations,” require institutions of higher education (IHEs) to develop and implement programs to prevent the abuse of alcohol and the use of illicit drugs by students and employees, including faculty. In addition, IHEs are required to provide annual notification of the provisions of their alcohol and drug abuse prevention programs to students and employees, including faculty, and to conduct biennial reviews of the programs and their effectiveness.

UNIVERSITY OF ST. AUGUSTINE FOR HEALTH SCIENCES’ ALCOHOL AND DRUG ABUSE PREVENTION PROGRAM

University of St. Augustine for Health Sciences (“USAHS”) has developed this Alcohol and Drug Abuse Prevention Program (“The University of St. Augustine for Health Sciences ADAP Program”) to meet the requirements of the Drug-Free Schools and Communities Act Amendments of 1989, as articulated in the Education Department General Regulations (EDGAR) Part 86, the “Drug-Free Schools and Campuses Regulations”.

DEFINITIONS

Addiction:  A compulsive physiological need for alcohol or an illegal drug.

Alcohol or Alcoholic Beverage:  Alcohol, liquor, brandy, malt liquor, whiskey, rum, gin, sake, beer, ale, wine or any beverage containing one-half of one percent or more of alcohol by volume.

Controlled Substance:  Any drug listed in schedules I through V or section 202 of the Controlled Substance Act (21 U.S.C. 812). (A list of controlled substances is available on the DEA website https://www.deadiversion.usdoj.gov/schedules/index.html#define).

Illegal or Illicit Drugs:  A controlled substance in schedules I through V of section 202 of the Controlled Substance Act (21 U.S.C. 812) “illegal drugs” shall not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

Substance Abuse:  The misuse of a substance including alcohol or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society.

USAHS’ ALCOHOL AND DRUG ABUSE PREVENTION PROGRAM REQUIRED ELEMENTS

  1. USAHS’ ALCOHOL AND DRUG ABUSE PREVENTION POLICY

USAHS maintains a drug-free workplace. Students, faculty, and employees are strictly prohibited from misusing controlled substances, intoxicants, alcohol, and prescription drugs, or buying, selling, manufacturing, distributing, possessing, or working under the influence of those substances when conducting USAHS business, while on the campus premises, while working in the university online environment, or while participating in internships, fieldwork, residencies, fellowships, or other university-sponsored activities on or off the USAHS campuses, except as explicitly authorized by a prescription from a physician.

USAHS complies with appropriate state statutes and city ordinances dealing with the consumption of alcoholic beverages on USAHS premises and at any function in which USAHS’ name is involved. Students and their guests who consume any alcoholic beverage on campus or at an event sponsored by USAHS or any entity of USAHS must be at least 21 years of age and must be able to furnish proof of age at the event. USAHS and its agents reserve the right to refuse to serve alcoholic beverages to anyone who is visibly intoxicated or whose behavior, at the sole discretion of USAHS and its agents, warrants the refusal of service. Any individual who arrives at a USAHS function either on or off campus in a visibly intoxicated state may, at the sole discretion of USAHS or its agents, be denied entrance to the event.

  1. INFORMATION RELATING TO THE LEGAL SANCTIONS FOR UNLAWFUL POSSESSION OF ALCOHOL AND DRUGS

a. ALCOHOL LAW PENALTIES.

The legal drinking age in all 50 states of the United States and the District of Columbia is 21 years of age. The legal drinking age in the U.S. Virgin Islands and Puerto Rico is 18 years of age. Persons under the legal drinking age who purchase, possess, or consume alcoholic beverages may be subject to fines or imprisonment depending on state law. Persons who knowingly furnish alcohol to minors are also subject to fines or imprisonment.

b. FEDERAL DRUG LAW PENALTIES.

Under federal law, a conviction for possession of illicit drugs carries a prison sentence of up to three years and a minimum fine of up to $5,000. The range of penalties for conviction of unlawful distribution of illicit drugs under federal law is summarized in the schedules of federal drug trafficking penalties that can be found online at https://www.dea.gov/drug-information. The severity of the sanctions imposed for both possession and distribution offenses depends on the quantity of drugs, prior convictions, and whether death or serious injury resulted. Sanctions may be increased for offenses that involve distribution to minors or occur on or near a school or campus. In addition, other federal laws require or permit forfeiture of personal or real property used to illegally possess, facilitate possession, transport, or for concealment of a controlled substance. A person’s right to purchase or receive a firearm or other federal benefits, such as student loans, grants, contracts, or professional or commercial licenses, may also be revoked or denied as a result of a drug conviction.

c. CALIFORNIA DRUG AND ALCOHOL LAW PENALTIES

The following is a brief summary of California criminal sanctions that may be imposed upon someone who violates the alcohol and other drug policy at USAHS or elsewhere in the state of California:

  • A violation of California law for the unlawful sale or furnishing of alcohol to a minor may include fines and penalties, and in certain cases, jail time.
  • A violation of California law for appearing in a public place under the influence of alcohol or other drugs in such condition that they are unable to exercise care for their own safety or the safety of others, or interferes with or obstructs or prevents free use of any street, sidewalk, or other public way may include imprisonment, plus fines and penalties.
  • A violation of California law for the possession, use and/or sale of narcotics and/or other illicit drugs varies on the type and amount of the drug in possession and may include imprisonment and fines.

d. FLORIDA DRUG LAW PENALTIES

The following is a brief summary of Florida criminal sanctions that may be imposed upon someone who violates the alcohol and other drug policy at USAHS or elsewhere in the state of Florida:

  • A violation of Florida law for the unlawful sale or furnishing of alcohol to a minor may include imprisonment, plus fines and penalties.
  • A violation of Florida law for appearing in a public place while intoxicated to a degree that may endanger himself, other people or property may include imprisonment and fines.
  • A violation of Florida law for the possession, use and/or sale of narcotics and/or other illicit drugs varies on the type and amount of drugs in possession and may include imprisonment and fines.

e. TEXAS DRUG LAW PENALTIES

The following is a brief summary of Texas criminal sanctions that may be imposed upon someone who violates the alcohol and other drug policy at USAHS or elsewhere in the state of Texas:

  • A violation of Texas law for the unlawful sale or furnishing of alcohol to a minor may include imprisonment and fines.
  • A violation of Texas law for appearing in a public place while intoxicated to a degree that may endanger themselves or another person may include a fine.
  • A violation of Texas law for the possession, use and/or sale of narcotics and/or other illicit drugs varies on the type and amount of the drug in possession and may include imprisonment and fines.

Specific information on state and local legal penalties for drug violations may be obtained on state law enforcement websites.

Any person violating the provisions of the respective state, county, or federal law may be guilty of a felony, or, in some cases, a misdemeanor of the first degree, and may be subject to punishment as provided in municipal codes.  This punishment can include imprisonment, fines, forfeiture of property, and, in some cases, loss of business licenses.  It should be noted that under state sentencing guidelines, punishment may become successively more severe for second and third violations.

  1. INFORMATION RELATING TO HEALTH RISKS FROM DRUGS AND ALCOHOL
  • Employees, including faculty, of USAHS should be aware and informed that health risks associated with the use of illicit drugs and the abuse of alcohol can result in, but are not limited to a lowered immune system, damage to critical nerve cells, physical dependency, lung damage, heart problems, liver disease, physical and mental depression, increased infection, irreversible memory loss, personality changes, and thought disorders.
  • 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 and 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 cause respiratory depression and death.
  • Mothers who drink alcohol during pregnancy may give birth to infants with Fetal Alcohol Syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
  • Marijuana contains THC (Delta-9-tetrahydrocannabinol) which accounts for most of its psychoactive or mind-altering effects. The short-term effects of using marijuana include sleepiness, memory and concentration problems, impaired motor coordination, increased heart rate, dry mouth and throat, and decreased social inhibitions. The long-term effects of using marijuana include impaired lung functioning, sexual problems, breast tissue development in men, and possible immune system damage.
  • Stimulants increase the activity of the central nervous system. Examples include amphetamines, methamphetamines, cocaine, and crack, which cause short-term elevations in mood, self-confidence, energy, heart rate, and blood pressure. Potential difficulties associated with the more powerful stimulants such as these include possible physical addiction, psychoses, severe depressions, and anxiety syndromes such as panic attacks and obsessions. Additional health risks include seizures and cardiac arrest.
  • Hallucinogens are substances that distort perception of reality. The most well-known hallucinogens include phencyclidine (PCP), lysergic acid diethylamide (LSD), mescaline, and psilocybin. Under the influence of these drugs, the senses of direction, distance, and time become disoriented. They can produce unpredictable, erratic, and violent behavior in users that sometimes lead to serious injury and death. At high doses, LSD can cause convulsions, coma, heart and lung failure, and even death.
  • Sedatives/tranquilizers are drugs used to reduce anxiety and tension. In some cases, they are used as sleep aids. Like alcohol, these drugs are central nervous system depressants. Examples include barbiturates such as Amytal, Nembutal, and Seconal, as well as benzodiazepines such as Ativan, Halcion, Librium, and Xanax. Rohypnol, a date rape drug, also falls into this category. Although specific effects may vary according to the particular drug, these drugs typically induce a state of relaxation and drowsiness. At high doses, dizziness, slurred speech, impaired coordination, and amnesia may occur. Health hazards include risk for addiction and coma and/or death from overdose.
  • Narcotics are painkillers or analgesics. These drugs include morphine, heroin, codeine, and Dilaudid, all of which are derived from opium. Synthetic narcotics include drugs such as Demerol, Percodan, and Darvon. These drugs tend to reduce sensory feeling and sensitivity of all kinds, to pleasure as well as pain. In large doses, they induce drowsiness, mental clouding, lethargy, and even sleep. They are highly addictive. Overdose risks include convulsions, coma, and death.
  • Anabolic steroids are synthetic derivatives of the male hormone testosterone. These derivatives of testosterone promote the growth of skeletal muscle and increase lean body mass. The long-term, high-dose effects of steroid use are largely unknown. Major side effects of anabolic steroid use include liver tumors, jaundice, fluid retention, high blood pressure, acne, and trembling. Aggression and mood swings as well as other psychiatric side effects may result from their abuse.
  • Students, faculty, and employees should note that the above listing is not intended as all-inclusive. Further information may be gathered from a physician.
  1. UNIVERSITY RESOURCES RELATED TO ALCOHOL AND DRUG ABUSE PREVENTION AND AWARENESS

USAHS distributes materials and offers resources related to alcohol and drug abuse prevention awareness including the distribution of communications instructing employees and faculty on how to access written materials relating to alcohol and drug abuse prevention.

USAHS also offers on-campus workshops and events related to the promotion of alcohol and drug abuse prevention and awareness that all students, faculty and staff are welcome to attend.  Additionally, students are offered online training on an annual basis.

The following resources provide information to aid in the prevention of substance abuse:

Addiction is a brain disease. The brain is like a control tower that sends out signals to direct actions and choices.

Find out how alcohol molecules alter your brain.

  • Articles and worksheets
    • The NA Way Magazine: A broad-based recovery and service magazine. Editorial content ranges from personal recovery experiences to opinion pieces on topics of concern to Narcotics Anonymous.
    • “What’s Your Pattern”: An interactive quiz about the drinking patterns of U.S. adults.
  1. COUNSELING, TREATMENT, AND SUPPORT GROUP RESOURCES FOR ALCOHOL AND DRUG ABUSE AND ADDICTION

In recognition of the dangers of substance abuse on campus, USAHS maintains alcohol and drug-free awareness programs to inform members of the university community about the issues and risks of substance abuse and about available counseling and treatment resources on campus and in the local community.

ComPsych® GuidanceResources® Worldwide is the Student Assistance Program (SAP) provider for USAHS students.  Included in their services is membership into GuidanceResources® Online, the Internet product that complements the program by making information and guidance conveniently accessible. USAHS students may go to https://www.guidanceresources.com/groWeb/login/login.xhtml and enter Organization Web ID, “USAHS”, to access the site.

The SAP program is available, free of charge, 24 hours a day, 7 days a week, just by calling 844-819-4777. The SAP toll-free line is answered by counseling professionals who can assist you with a number of personal issues, including drug and alcohol abuse, and can also guide you to in-person support services in your area. The SAP is strictly confidential, as mandated by law. To view the ComPsych HIPAA privacy notice, please go to https://www.compsych.com/privacy/hipaa.

Employees may contact a free Employee Assistance and Work-Life Program (EAP) to help them manage stress, work concerns, and personal issues, including drug and alcohol abuse.  The EAP is available 24 hours a day, 7 days a week and offers consultation, information, and personalized community referrals.  Employees may contact the Employee Assistance Program at 1-844-819-4777 or connect online at  www.guidanceresources.com.  Please use the Organization Web ID “USAEAP” when registering as a first-time user.

There are also national organizations one can contact for help:

Alcoholics Anonymous

Online: www.aa.org/pages/en_US/find-aa-resources

Narcotics Anonymous

Online: www.na.org/meetingsearch

DISCIPLINARY SANCTIONS

USAHS will impose sanctions on students and/or employees for violation of the standards of conduct consistent with local, state, and federal laws. Sanctions for students may include disciplinary action, up to and including expulsion and referral for prosecution.  Sanctions for employees may include disciplinary action up to and including termination of employment.  Please refer to the policies in the USAHS Catalog/Handbook and applicable Employee or Faculty Handbook.

Revised May 2021