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IV:B:007

Policy on Illegal Drugs

The University of North Carolina at Greensboro

  • (Adopted by The Board of Trustees, April 14, 1988)
  • (Approved by the Chancellor, April 27, 1990)
  • (Approved by the Chancellor, August 31, 2015)

Purpose

The University of North Carolina at Greensboro (hereinafter "University") seeks to maintain an environment supporting the pursuit and dissemination of knowledge. The use of illegal drugs by any member of the community interferes with the activities through which the University meets its goals, and the use of illegal drugs will not be tolerated.

The University will take all actions necessary, consistent with federal, state, and local laws, and University policy, to eliminate illegal drugs from the University community.

Scope

This policy applies to all faculty, staff, students, guests, and other authorized individuals who are present on property owned, leased, managed, or operated by The University of North Carolina at Greensboro or any component, including departments, offices, centers, or similar entities. This policy is applicable to students, faculty, senior administrative officers, non-faculty EPA employees, and SPA employees.

This policy has been developed in accord with "The University of North Carolina Policy on Illegal Drugs" http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=300, adopted by the Board of Governors January 15, 1988 (amended 2012). It establishes the framework for programs designed to educate the campus community on the harmful effects of illegal substances and to assist afflicted persons in their efforts to become rehabilitated. It also provides guidance for punishing violators.

Policy

Article 5 of Chapter 90 of the North Carolina General Statutes makes it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as "controlled substances." As citizens, all members of the University community are expected to know these laws. The North Carolina General Statutes are readily available in the Library.

This policy shall be publicized in catalogs and other materials prepared for all enrolled and prospective students and in appropriate materials distributed to faculty members, senior administrative officers, non-faculty EPA employees, and SPA employees.

Educational and Rehabilitation Programs

The University shall establish and maintain a program of education designed to help all members of the University community avoid involvement with illegal drugs.

This program shall emphasize these subjects:

  1. the incompatibility of the use or sale of illegal drugs with the goals of the University
  2. the legal consequences of involvement with illegal drugs
  3. the medical implications of the use of illegal drugs
  4. the ways in which illegal drugs jeopardize an individual's present accomplishments and future opportunities

The University shall provide information about drug counseling and rehabilitative services (campus-based or community-based) available to students and employees. Persons who voluntarily avail themselves of these University services or programs are assured that applicable professional standards of confidentiality will be observed.

Enforcement

  1. Preliminary Determinations
    1. The University will initiate a disciplinary proceeding against a student, faculty member, senior administrative officer, EPA non-faculty employee, or SPA employee whenever all of these requirements are met:
      1. there is a reasonable basis for believing that the person has violated this policy or North Carolina law pertaining to controlled substances
      2. the alleged conduct is deemed to harm the interests of the University
      3. Requirement (1), above, can be satisfied by either of the following:
        1. a conviction or a guilty plea resulting from criminal prosecution
        2. independent evidence obtained by University officials including police officers
      Though an offense may be the subject of legal action by the civil authorities, University officials are nonetheless free to initiate disciplinary action that may result in additional penalties.
    2. When the above requirements are met, the University will initiate disciplinary action against the alleged violator according to established procedures that safeguard the rights and interests of students and employees. Procedures will vary, depending on classification of the person facing disciplinary action:
      1. Students: Judicial Policies Related to Student Conduct for The University of North Carolina at Greensboro, approved by the Chancellor
      2. Faculty Members: The University of North Carolina at Greensboro's Regulations on Academic Freedom, Tenure, and Due Process, Section 8. Discharge or Imposition of Serious Sanction, adopted by the Board of Trustees
      3. Senior Administrative Officers: Policies Concerning Senior Administrative Officers of The University of North Carolina, adopted by the Board of Governors
      4. Non-Faculty EPA Employees: Personnel Policies for Designated Employment Exempt from the State Personnel Act, adopted by the Board of Trustees
      5. SPA Employees: Relevant regulations of the Office of State Personnel
      6. Guests and Other Authorized Individuals: Relevant state and federal laws will be applied and enforced by University Police.
      Decisions reached by these processes are reviewable according to normal appeal mechanisms.
  2. Penalties for students, faculty, senior administrative officers, and non-faculty EPA employees
    1. Students and employees are responsible for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as "controlled substances" in Article 5 of Chapter 90 of the North Carolina General Statutes. The following minimum penalties shall be imposed for the particular offenses described:
      1. Trafficking [3] in Illegal Drugs
        1. For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, N. C. General Statutes 90-89; Schedule II, N. C. General Statutes 90-90; or for an offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI, N. C. General Statutes 90-91 through 90-94 , the penalties to be imposed may range from written warnings with probationary status to expulsions from enrollment and discharges from employment.
        2. For a second or other subsequent offense, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, senior administrative officers, or EPA non-faculty employees.
      2. Illegal Possession of Drugs
        1. For an offense involving the illegal possession of any controlled substance identified in Schedule I, N.C. General Statute 90-89, or Schedule II, N. C. General Statutes 90-90, or an offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N. C. General Statutes 90-91 through 90-94, the penalties to be imposed may range from written warnings with probationary status to expulsions from enrollment and discharges from employment.
        2. Students, faculty, senior administrative officers, and non-faculty EPA employees must agree to participate in a drug education and counseling program, consent to regular drug testing at his/her own expense, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor's designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.
        3. For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, senior administrative officers, or EPA non-faculty employees.
      3. Suspension Pending Final Disposition
        1. When a student, faculty member, senior administrative officer, or non-faculty EPA employee has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor or, in the Chancellor's absence, the Chancellor's designee concludes that the person's continued presence within the University community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.
  3. Penalties for SPA employees
    1. Discipline for SPA employees is prescribed in regulations published by the State Personnel Commission. Violations of this policy and of North Carolina state law on controlled substances shall be deemed "personal misconduct" actionable under these rules. Penalties for offenses described herein will be in accord with state policy.

Oversight and Reporting

A campus coordinator will be responsible for overseeing all actions and programs relating to this policy.

The Chancellor shall submit annually to the Board of Trustees and to the President of the University a report on campus activities related to illegal drugs for the preceding year. The reports shall include, as a minimum, the following:

  1. a listing of the major education activities conducted during the year;
  2. a report on any illegal drug-related incidents, including any sanctions imposed;
  3. an assessment by the Chancellor of the effectiveness of the campus program and;
  4. any proposed changes in the policy on illegal drugs.

Review

This policy is to be reviewed every five (5) years, or more frequently as needed based on changes to federal, state, local, system, or University changes.

Contact

This University policy is administered by the Dean of Students, the University Police, and The Office of General Counsel.

Links to Related University Policies

Footnotes

  1. Non-faculty personnel whose employment is exempt from the State Personnel Act
  2. Staff personnel whose employment is subject to the State Personnel Act
  3. The term "trafficking" is used in its generic sense, not in its specific application to selling, manufacturing, delivering, transporting, or possessing controlled substances in specified amounts that is the subject of North Carolina General Statute 90-95(h).