800.8 - Illegal Drugs (Revised)

University Group Policy #800.8

Policy Statement

Winston-Salem State University’s Board of Trustees is committed to the proposition that students, faculty, and staff should be able to engage in the scholarly pursuits of teaching, learning discourse, and research free from illegal drug use and/or abuse. Knowing the dangers of illegal drug use, the Board of Trustees has adopted a policy to safeguard the welfare and integrity of the University community. The University rules and regulations on illegal drugs are designed to promote academic integrity and an appropriate learning atmosphere for students, faculty members, administrators, and all other employees. To accomplish these goals, the possession, use, and/or trafficking of illegal drugs is strictly prohibited at Winston-Salem State University. Students, faculty members, administrators, and other employees of Winston-Salem State University are responsible, as citizens, 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 substance” (Article 5 of Chapter 90 of the North Carolina General Statute). Any member of the university community who violates this law is subject both to prosecution and punishment under state criminal law and to disciplinary proceedings by Winston-Salem State University. The University will impose penalties in the event of violation of state and federal drug laws consistent with due process.

Guidelines

Education, Counseling and Rehabilitation

Winston-Salem State University shall maintain a program of education designed to help all members of the University community avoid involvement with illegal drugs. The educational program shall emphasize the incompatibility of the use or distribution of illegal drugs with the goals of the University, the legal consequences of involvement with illegal drugs, the medical and psychological implications of the use of illegal drugs, and the ways in which illegal drugs jeopardize an individual's present accomplishments and future opportunities. Specific elements of the education program are:

  1. Publicizing the University's policy in the Student Code of Conduct, the undergraduate and graduate catalogs, the Faculty Handbook, and other publications distributed to students, faculty, administrators, and other employees;
  2. Continuing and expanding the drug education program conducted by Student Health Services
  3. continuing development of courses on drug education;
  4. increasing the awareness and utilization of the State’s Employee Assistance Program (EAP), and local Drug Abuse Prevention Programs;
  5. encouraging academic departments to address substance abuse in appropriate health and physical education courses;
  6. emphasizing the incompatibility of the use or sale of illegal drugs with the goals of the university;
  7. emphasizing the ways in which illegal drugs jeopardize an individual’s present accomplishments and future opportunities;
  8. highlighting the medical implications of the use of illegal drugs; and
  9. stressing the legal consequences of involvement with illegal drugs

The University shall disseminate information about drug counseling and rehabilitation services that are available to members of the University community. All members of the University community are responsible for assisting in maintaining a drug-free campus. Members of the community are urged to utilize the drug hotline (336-750-2912) and any other means of reporting University Officials regarding drug abuse treatment needs and/or illegal drug use or possession. The identity of an individual who brings forth information regarding illegal drug use and/or possession shall remain confidential unless law requires disclosure. Likewise, persons who voluntarily avail themselves of such services shall be assured that applicable professional standards of confidentiality will be observed and that such participation will not be the basis for disciplinary action. Specific counseling and rehabilitation efforts include:

Campus-Based Resources

  1. Drug Prevention/Education Programs
  2. Seminars
  3. Films
  4. Videocassette Presentations
  5. Use of the Campus Radio Station
  6. Student Newspaper (News Argus)
  7. Development of courses on drug education
  8. Evaluation and referral services of the Counseling Center for out-patient an in-patient rehabilitation
  9. Consultation and evaluation portions of the Student Health Service's drug education program

Community-Based Resources

  1. Step One
  2. Alcoholism Residential Care Authority (ARCA)
  3. Salem Psychiatric Associates
  4. Reynolds Health Center
  5. Forsyth-Stokes Mental Health Center
  6. Winston-Salem/Forsyth County Coalition on Alcohol and Drug Problems
  7. State Employee Assistance Program

Notification of Law Enforcement Personnel

Any drug violation that constitutes a felony shall be reported to local, state, and/or federal law enforcement agencies as appropriate.

Roles and Responsibilities

Implementation and Reporting

  1. The Chancellor shall file a copy of the campus policy with the President, and notice of any change that may be made in the policy from time to time also shall be filed with the President.
  2. The Chancellor shall designate a coordinator of drug education. This person, acting under the authority of the Chancellor, will be responsible for overseeing all actions and programs relating to the campus policy.
  3. Annually the Chancellor shall submit to the Board of Trustees a report on campus activities related to illegal drugs for the preceding year. The report 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. A copy of the report shall be provided to the President.

Applicability

This policy is applicable to the campus community of Winston-Salem State University.

Compliance

Enforcement and Penalties

  1. WSSU shall take all actions necessary, consistent with state and federal law and applicable University policy, to eliminate illegal drugs from the University community. The institutional policy on illegal drugs shall be publicized in catalogues and other materials prepared for all enrolled and prospective students and in materials distributed to faculty members, administrators and other employees.
  2. Students, faculty members, administrators, and other employees are responsible, as citizens, 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. Any member of the University community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. It is not "double jeopardy" for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding against a student, faculty member, administrator, or other employee when on-campus use, possession, or distribution of illegal drugs or improper use, possession, or distribution of prescription drugs is discovered and when the alleged conduct is deemed to affect the interests of the University. Conduct involving illegal drugs beyond campus boundaries may be considered harmful to the University. Disciplinary action may be instituted when such conduct occurs within Forsyth County and has resulted in felony-level charges of possession/trafficking.
  3. Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Section 502D (3) and Section 603 of The Code, by Board of Governors policies applicable to other employees exempt from the State Personnel Act, by regulations of the State Personnel Commission, and by Faculty Tenure Regulations and the Student Handbook. The penalties to be imposed by the University may range from written warnings with probationary status to expulsions from enrollment and discharges from employment. However, the following minimum penalties will be imposed for the particular offenses described:
    1. Trafficking 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.G.S. § 90-89, or Schedule II, N.C.G.S. § 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any student shall be expelled and any faculty member, administrator or other employee shall be discharged.
      2. For a first 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.G.S. §§ 90-91 through 90-94, (including, but not limited to, marijuana, pentobarbital, codeine) the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.
    2. Illegal Possession of Drugs
      1.  For a first offense involving the illegal possession of any controlled substance identified in Schedule I, N.C.G.S. § 90-89, or Schedule II, N.C.G.S. § 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent.
      2. For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N.C.G.S. §§ 90-91 through 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, 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, administrators or other employees.

Suspension Pending Final Disposition

When a student, faculty member, administrator, or other 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.


Responsible Division: Vice Chancellor and Chief of Staff

Authority: Board of Trustees

History:

  • Adopted December 14, 2007