VII-1.10(A)

UMB Substance Abuse Policy

Human Resources   |   Approved August 1, 1990

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Responsible VP/AVP

Dawn M. Rhodes, DBA, MBA

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Purpose

The UMB Substance Abuse Policy is designed to: (1) observe state executive orders and State and Federal laws; (2) promote a campus free of illegal drug use; (3) stress moderation, safety, and individual accountability by those who choose to drink alcohol; (4) provide a campus atmosphere free of coercion for those who choose not to drink alcohol; (5) maintain a community where the effects of abuse are minimal and where problem behavior is reduced; (6) provide information and education on the health risks associated with drug and alcohol abuse; and (7) provide confidential and effective guidance and counseling for those with special needs related to substance abuse.

BACKGROUND: Substance abuse is a serious national crisis which has had a detrimental effect on the lives of many of our citizens, and has exerted a negative effect on the operation of academic institutions. Every university experiences a loss of productivity due to drug and alcohol related absenteeism, injuries on the job, decreased work quality and wasted dollars. Substance abusing employees and students function below established standards, may make impaired decisions, may have negative effects on their co-workers and peers, and are not as alert as non-using employees and students. The illegal use of the University campus as a marketplace for drugs endangers the health, safety and welfare of all individuals associated with the campus. Every university must maintain an environment which eliminates this waste and supports the health, well-being and productivity of all its employees and students as they carry out their responsibilities. A campus free of substance abuse is fundamental to promote efficient, effective and responsive education, research and service.

HEALTH RISKS: Substance abuse is recognized as the number one public health problem in the United States. Approximately 30% of all admissions to general hospitals and 50% to psychiatric hospitals have detectable substance abuse. Substance abuse accounts for approximately 150,000 deaths annually. This includes deaths from stroke, disease of the heart and liver, and all alcohol and drug related suicides, homicides and accidents. Early detection can minimize or prevent the devastating consequences of substance abuse.

Policy Statement

A. The unlawful manufacture, distribution, dispensing, possession or use of drugs is prohibited at UMB.

B. Alcohol may only be used legally and responsibly on campus or in any location while the employee or student is on official UMB business. Organizers of any on-campus functions where alcohol is served must present a plan to the administration responsible for that particular area (i.e. Dean's Office if the function is in a School, Office of Campus Life if the function is held in the Student Union).

C. All employees and students must report to work, on all premises owned, operated, or controlled by the USM and its institutions in a fit condition to perform. Reporting to work or working while impaired by drugs or alcohol is a violation of this policy and shall subject the employee or student to the appropriate disciplinary or rehabilitative action.

D. As a condition of employment every employee must abide by the terms of this policy and notify his/her supervisor of any criminal drug conviction.

1. Such notice should be given no later than five days after such conviction.

2. For all employees working on a Federal Grant:

a. Within ten days of receiving notification of a criminal drug statute conviction which occurred in the workplace, UMB will report the conviction to the granting agency.

E. As a condition of enrollment every student must abide by the terms of this policy and notify his/her Dean's office of any drug or alcohol related conviction.

1. Such notice should be given no later than five days after such conviction.

F. UMB will take either or both of the following actions after receiving notice of a conviction.

1. Require the convicted employee to participate in a substance abuse assistance or rehabilitation program, and/or,

2. Subject the convicted employee to the appropriate disciplinary action, up to, and including, termination or expulsion.

G. UMB will impose disciplinary sanctions on employees  and, if appropriate, referral for prosecution for violations of the standards of conduct required by paragraphs A. - D. of this policy. The sanctions not listed in any order, may be progressive or consistent with the nature of the violation and include, but are not limited to:

1. Employees - Counseling, Reprimand, Suspension, Demotion, Denial of Pay Increment, Denial of Promotion, Unsatisfactory Performance Evaluation, Reassignment, Termination; and/or Employee Assistance Program (EAP) Referral, Completion of an appropriate Rehabilitation Program.

H. UMB will establish alcohol and drug abuse awareness programs to inform employees and students about:

1. The dangers of drug and alcohol abuse on the campus;

2. UMB's policy of maintaining a campus free of drug and alcohol abuse;

3. Any available counseling, rehabilitation, and employee assistance programs; and

4. The penalties that may be imposed upon employees or students for drug and/or alcohol abuse violations occurring on the campus.

I. UMB will give each employee and student a copy of this policy. A biennial review will be conducted to determine the program's effectiveness and the consistent imposition of sanctions.

LEGAL SANCTIONS: Students and employees at the University of Maryland, Baltimore are subject to federal, state, and local laws for the possession and distribution of illegal drugs.

Federal law 21 USCA, sections 841 and 844 to 845a (1990), states that it is unlawful to possess any controlled substance, including marijuana, cocaine, or heroin, for any illegal purpose. If the substance is cocaine, or contains a cocaine base, the penalty for simple possession is a fine and/or imprisonment from 5 to 20 years. For other illegal drugs, the penalty for simple possession is a fine of at least $1000 and/or imprisonment for up to 3 years. The penalties increase if the possession includes intent to manufacture, distribute, or dispense a controlled substance, especially if done so near a public or private elementary, vocational, or secondary school, or a public or private college or university. Additionally, any person who violates this law shall also be liable to the U.S. for any amount up to $10,000 in civil penalties.

In addition to the federal laws, the State of Maryland has its own laws dealing with distribution, manufacturing, and possession or controlled substances.

Art. 27, Section 286, Ann. Code of Maryland (1989 Supp.)

For the manufacture, distribution, dispensation, or possession with intent to distribute the following:

a) 50 pounds or more of marijuana
b) 448 grams or more of cocaine or cocaine mixture
c) 28 grams or more of morphine or opium mixture
d) 1000 dosage units of lysergic acid diethylamide or mixture
e) 16 ounces or more of phencyclidine in liquid form
f) 448 grams or more of any mixture containing phencyclidine
g) 448 grams or more of methamphetamine or mixture

Penalty

1st Offense
No less than 5 years
or if "drug kingpin"

2nd Offense
Twice that otherwise
authorized by law

not less than 20 years nor more than 40 years; fine of not more than $1,000,000

A person who manufactures, distributes, dispenses or possesses with the intent to distribute a controlled dangerous substance in, on, or within 1000 feet of an elementary or secondary school will be subject to an additional term of not more than 20 years or a fine of not more than $20,000 or both for a first offense, and a term for not less than 5 or more than 40 years or a fine of not more than $40,000 or both for a second offense. [Art. 27, Section 286, Ann. Code of Maryland. (1990)].

Art. 27, Section 287, Ann. Code of Maryland

Miscellaneous

Individuals who have been convicted of a controlled dangerous substance offense on or after January 1, 1991 are required to disclose that fact when applying for a license or a license renewal. The licensing authority may refuse to issue the license or impose appropriate conditions on the license (except for noncommercial driver's licenses). Drug Enforcement Act of 1990, House Bill 515.

Md. Ann. Code Art. 27, section 286 (1989), states that any person who unlawfully manufacturers or distributes any controlled dangerous substances may be fined up to $25,000 and may be imprisoned for up to 20 years for a first offense. Also, in Baltimore City, under Article 19, section 58C of the City Code, it is illegal to loiter in a certified drug free zone, with penalties of imprisonment of up to 30 days and a fine of up to $400.

Students and employees at the University of Maryland, Baltimore are subject to state laws for drinking and obtaining alcohol.

It is illegal in the State of Maryland, Md. Ann. Code Art. 27, sections 400 to 403B, for any person under 21 to falsify or misrepresent his or her age to obtain alcohol, or to possess alcoholic beverages with the intent to consume them. It is also illegal in most situations to furnish alcohol to a person under 21, or to obtain alcohol on behalf of a person under 21. The penalty is a fine of up to $500 for a first offense, and up to $1000 for repeat offenses.

Also, it is illegal in the State of Maryland, Md. Ann. Code, Transportation Article, section 21-902, for any person to drive or attempt to drive while intoxicated or under the influence of drugs and/or alcohol. The penalty is a fine of up to $1000 and/or 1 year of imprisonment for a first offense, $2000 and/or 2 years for a second offense and to $3,000 and/or 3 years for a third offense.

Maryland Ann. Code Article 27, Section 211, states that it is illegal in the State of Maryland to drink alcohol on any public property or shopping center, mall, or other retail establishment, with a penalty of a fine up to $100. Section 207 states that it is illegal to be intoxicated and create a disturbance or endanger the safety of property or another person. The penalty is a fine of up to $100 and/or imprisonment not exceeding 90 days.

This section describing Legal Sanctions is not intended to be exhaustive of all laws regarding drug and alcohol related offenses.

Definitions

A. "Substance" means alcohol and/or drugs.

B. "Alcohol" means ethyl alcohol (ethanol).

C. "Drugs" means any substance, including controlled dangerous substances but excluding alcohol, that when taken into the body may impair one's mental faculties or cause changes in mood and/or physical performance.

D. "Substance Abuse" means:

1. A pattern of intentional and inappropriate use of any substance, legal or illegal, that interferes with any of several major life functions, including an individual's educational and/or job performance;

2. Any illegal drug use;

3. Intentional misuse of any over-the- counter drug, in cases where such misuse impairs job performance; or

4. Use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where use is not permitted.

E. "Employee" refers to faculty, associate staff and classified regular, contractual, temporary or if-and-when-needed appointees.

F. "Conviction" means any disposition by a court of law other than a dismissal or a finding of not guilty.