Drug-Free Schools and Communities Act

The Drug-Free Schools and Communities Act Amendments of 1989 and the Drug-Free Workplace of 1988 require all schools and institutions of higher education to adopt and implement a program to prevent the illicit use of drugs and the abuse of alcohol by students and employees on college property or as part of any college activities.

The attached statement, which is part of Texas Wesleyan University’s program adopted to comply with these Acts, is being distributed to you as required by law. In compliance with the law, the policy can be found in the current on-line version of the Student Handbook and in the future, the hard copy of the Student Handbook. If you have any questions regarding this statement or wish to receive further information on the college’s Drug-Free Schools and Communities Act and Drug-Free Workplace Act program, you are encouraged to contact the Office of Human Resources.

TEXAS WESLEYAN UNIVERSITY

Statement of Prevention of Alcohol Abuse and Drug Use
on Campus and in the Workplace

 

STANDARDS OF CONDUCT 

Texas Wesleyan University supports and endorses the Federal Drug-Free Workplace Act of 1988 (41 USC § 701 et seq.) and the Drug-Free Schools and Communities Act amendments of 1989 (20 USC § 1145(g). Pursuant to these Acts, the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or abuse of alcohol (as defined in these Acts) by an employee or student on college property or as part of any college activities is prohibited. Any student or employee of the college found to be abusing alcohol or using, possessing, manufacturing, or distributing controlled substances in violation of the law on college property or at college events shall be subject to disciplinary action in accordance with applicable policies of the college. For employees, the college will take appropriate personnel action for such infractions, up to and including termination as set forth in the Employee Handbook, Section 7.1.3 addresses Drug Screening; Section 7.19 addresses Drug Free Environment; and Appendix N addresses the university alcohol policy. Students who violate this policy will be subject to sanctions as set forth in the Student Handbook for Alcohol and Drug/Substance Abuse, Section XI.  The Student Code of Conduct which include policies for suspension and expulsion from the college.

As a condition of employment, all employees shall abide by the terms and conditions of 41 USC § 701 et seq. and 20 USC § 1145(g). As such an employee must notify the college of any criminal drug statue conviction for a violation occurring in the workplace no later than five (5) days after such conviction. Such notice shall be provided in writing by the employee to the Office of Human Resources. The college will in turn, notify as appropriate, the applicable federal agency of the conviction within ten days of its receipt of notification of the conviction. For such conviction, the college will take appropriate personnel action, up to and including termination, within thirty (30) days of receiving notice of such conviction. Employees may also be required to satisfactorily participate, at their expense, in a drug abuse assistance or rehabilitation program as approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency before being allowed to return to work, which may include drug and alcohol testing, as applicable. Employees may also be required to undergo reasonable suspicion drug and alcohol testing as part of this program. For purposes of this policy, a “conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

 

LEGAL SANCTIONS

Students and employees are reminded that unlawful possession, distribution or use of illicit drugs or alcohol may subject individuals to criminal prosecution. The college will refer violations or proscribed conduct to appropriate authorities for prosecution. Federal regulations and state laws provide penalties of fines and imprisonment for violations of the criminal statues which include possessing, offering for sale, possessing with the intent to offer for sale, distributing or manufacturing controlled substances such as opiates, narcotics, depressants, stimulants or hallucinogenic drugs.

Additionally, most municipalities have ordinances criminalizing possession of marijuana, and in the case of Overland Park, mandatory jail time is imposed even for first time convictions under its ordinance.

 

HEALTH RISKS

Abuse of alcohol and use of drugs is harmful to one’s physical, mental and social well-being. Accidents and injuries are more likely to occur if alcohol and drugs are used. Alcohol and drug users can lose resistance to disease and destroy their health. Tolerance and psychological dependence can develop after sustained use of drugs. 

Alcoholism is the number one drug problem in the United States. Alcoholism takes a toll on personal finances, health, social relationships and families. It can have significant legal consequences. Abuse of alcohol or use of drugs may cause an individual driving a motor vehicle to injure others and may subject the abuser to criminal prosecution. Drunk drivers are responsible for more than half of all traffic fatalities. 

More specifically, the major categories of drugs are listed below and include the significant health risks of each. 

AMPHETAMINES – Physical dependency, heart problems, infections, malnutrition and death may result from continued high doses of amphetamines. 

NARCOTICS – Chronic use of narcotics can cause lung damage, convulsions, respiratory paralysis and death. 

DEPRESSANTS – These drugs, such as tranquilizers and alcohol, can produce slowed reactions, slowed heart rate, damage to liver and heart, respiratory arrest, convulsions and accidental overdoses. 

HALLUCINOGENS – may cause psychosis, convulsions, coma and psychological dependency.

 

COUNSELING, TREATMENT OR REHABILITATION PROGRAMS 

Many community agencies are available to assist employees and students seeking alcohol and drug counseling and treatment. Students seeking additional information about health problems and treatment related to alcohol and drug problems may contact a student counselor at the Glick House at (817) 531-4859. Employees may receive this additional information through the Office of Human Resources at (817) 531-4403.

 

SANCTIONS 

An employee who violates any provision of this policy shall be subject to appropriate disciplinary action including suspension, demotion, non-renewal and/or termination as provided in college Policy 415.08. A student who violates any provision of this policy shall be subject to appropriate disciplinary action including suspension and expulsion as provided in college Policy 319.01. In addition, any student or employee who violates the following behaviors is specifically prohibited in the Texas Wesleyan University community, regardless of whether the infraction occurs on or off campus property. Students, whether residential or commuter, may not use, possess, manufacture, distribute, dispense or sell controlled substances of any kind, including illegal drugs or drug paraphernalia, on University premises or in University-owned vehicles.

 

Additional, students may not: 

• Be under the influence of an unauthorized substance or illegal drug on University premises or in University owned vehicles. 

• Be in possession including internal possession, of unauthorized substance or illegal drug on University premises or in United-owned vehicles. 

• Use alcohol or other controlled substances or drugs to the extent that the adversely affects the performance of the employee or student. 

• Use alcohol or other controlled substances to the extent that the safety to self or others on the campus is jeopardized.

 

Student Conduct and Community Standards 

The Office of Student Life and the Dean of Students is responsible for enforcing the University’s Student Code of Conduct, as found in the Student Handbook, and ensuring that violations of this policy are dressed in a fair and consistent manner. Students are encouraged to read the Texas Wesleyan Student Handbook and become familiar with the policies, procedures and protections that are afforded to all students.

 

Drug-Free Schools and Communities Act 

The U.S. Department of Education has issued regulations implementing the provisions of the Drug-Free Schools and Communities Act Amendments of 1989. These regulations require that the University distribute the following information annually to you in writing concerning the possession, use, or distribution of alcohol and illicit drugs at the University. The University’s policies on substance abuse and alcoholic beverages are outlined below and in more detail in the Student Handbook.  TheStudent Handbook also includes information on University sanctions for violation of these policies, criminal sanctions for the illegal possession or distribution of drugs and alcohol, health risks of drugs and alcohol, and on places to get help concerning the illicit use and abuse of alcohol and drugs. Please read all of this vitally important material carefully. The University will review its alcohol and other drugs programs annually for effectiveness and consistency of application and, where necessary, make appropriate changes. 

Alcohol and Drug Policies

Student code of conduct

Tier Two Violation

#12: Use, Possession or distribution of alcoholic beverages or empty containers on campus is prohibited except for designated areas.  Public intoxication on University Property or at university events is prohibited.

Tier Three Violation

#7: Students found under the influence of, in possession of, manufacturing of, or distribution of illegal drugs and controlled substances is prohibited.

 

A.  Alcohol Policy

The University prohibits the possession, use or distribution of alcohol on campus with the exception of the President’s suite, Trustee Conference Room, East Room of the West Library, Court Complex of the Wesleyan Law School, and other campus locations as authorized by the University President. Alcohol beverages may be served at off-campus functions under certain provisions:

1. A third-party vendor (licensed bartender covered by site liability) sells and distributes the alcoholic beverages.
2. Neither the sale nor use of alcoholic beverages shall in any way violate federal, state or local ordinances.
3. Alcoholic beverages are not the formal focus of the activity.
4. Advertisement of the event may not use alcohol as a draw.

a.  Authorization Procedures For Off Campus Use/Service

All off campus events that are sponsored by Texas Wesleyan University or a campus organization and which serve alcohol must have proper authorization. An “Alcohol Permit Form” must be obtained and approved by the Dean of Students. To receive approval, the group must show the following according to federal guidelines: 

1. A variety of non-alcoholic beverages will be conveniently and readily available.
2. Adequate food must be provided.
3. A carding and labeling procedure must be enforced, if minors are present.
4. Transportation arrangements must be made available if necessary.
5. A person who is responsible for compliance, monitoring the event and enforcing University, local, state and federal laws must be designated.
6. All alcoholic beverages must be kept in a secure and designated area.
7. Flyers, signs and other forms of advertisement and their locations must be approved.
8. Adequate security for safety and policy enforcement must be available.
9. The organization is responsible to ensure that the vendor follows the criteria established on the permit. Any deviation from the permit without prior written consent constitutes a violation of this policy. 

Organizations or groups that violate these policies will be subject to any or all of the following sanctions:

1. The loss of off campus alcoholic privileges for up to one year.
2. The loss of campus reservation privileges for up to three months.
3. A fine of up to $100.
4. A fine of up to $50 for the organization’s or group’s president.
5. Up to 100 hours of community service for the organization or group.

b.  Alcohol and Behavior

The use of alcohol will not, under any circumstance, be accepted as an excuse for irresponsible behavior such as the making of excessive noise, vandalism, violence, etc. The legal definition of “intoxication” is a condition that results in a person’s normal faculties, either of perception, physical ability or judgment, being impaired so that he/she no longer has the capacity to form or entertain a specific intent. Legal symptoms include red, bloodshot eyes; slurred speech; odor of alcohol; and common odors associated with an alcoholic beverage. Students who are under the influence of alcohol and who are excessively noisy, abusive, do not obey University staff or Security or who break any University rules will be charged with disorderly conduct.

 

B.  Drug Policy

The use, possession, presence, sale, and/or distribution of illegal drugs (those specified as illegal by federal, state and local laws) and/or drug paraphernalia on and off campus will lead to disciplinary action and/or criminal action. Special efforts are made to keep drugs off campus and to prevent the distribution or sale of illegal drugs on campus.

Under the discretion of the Dean of Students or his/her designee, local law enforcement may be called in the case of an illegal substance. 

Drug and Alcohol Counseling

The University provides alcohol/drug counseling through the Glick House Counseling Center free of cost to all Texas Wesleyan Students. You may reach them at 817-531-4859 or emailsmethvin@txwes.edu. 

Policy on Parental Notification for Alcohol and Drug Violations

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.  Therefore, Texas Wesleyan University 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, the possession, consumption or distribution of alcohol or illicit drugs, the student’s parent(s) or guardian(s) may be notified in writing of the incident by the Dean of Students Office.
2. The parent(s) or guardian(s) of a registered student, without respect to the student’s age, may 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. This may include, but is not limited to, the following situations: (1) the student is transported to an emergency medical treatment facility for drug use or alcohol intoxication; (2) medical attention to any person, including the student, is required as a result of the student’s alcohol or drug related behavior; and (3) the student demonstrates a reckless disregard for his or her personal safety or the safety of others.