SUBSTANCE ABUSE
Health Risks
Substance abuse is now recognized as the number one public health problem in the United States. Approximately 30 percent of all admissions to general hospitals and 50 percent of psychiatric institutions have detectable substance abuse. Substance abuse accounts for approximately 150,000 deaths annually. This includes deaths from stroke, diseases 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.
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Wellness Programs of Student Health Services
Student Health Services offers alcohol and other drug education programs and information. Peer educators design and implement programs overseen by the wellness coordinator.
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Policies and Sanctions for Students
The University actively supports applicable county, state and federal laws pertaining to the illegal use of alcohol and drugs. Violations of the University's Code of Conduct-which involve the unlawful possession, use or distribution of drugs or alcohol, or alcohol abuse by students-will result in disciplinary action up to and including expulsion from the University. Such disciplinary action does not preclude civil and/or criminal prosecution under county, state or federal laws.
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Policies and Sanctions for Employees
General Policy
The State of Maryland establishes and adopts the following Substance Abuse Policy for the executive branch of state government (under Executive Order 01.01.1991.16):
- The State of Maryland is committed to making good faith efforts to ensure a safe, secure and Drug Free Workplace Act as enacted by Congress.
- All employees in the workplace must be capable of performing their duties.
- Employees experiencing substance abuse problems are encouraged to seek assistance through their employer, self referral to the employer's employee assistance program, or self referral to an alternative certified rehabilitation program.
An appointing authority may not hire anyone whom it knows currently abuses drugs or alcohol. Employees are prohibited from abusing alcohol or drugs, committing a controlled dangerous substance offense, or committing an alcohol driving offense.
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Applicable Legal Sanctions
Students and employees at Salisbury University are subject to federal, state and local laws regarding the possession and distribution of illegal drugs. Federal Law 21 USCA, sections 841 and 844, states that it is unlawful to possess,
manufacture, distribute or dispense a controlled substance. In
addition, the state of Maryland has its own laws dealing with distribution, manufacturing, and possession of controlled substances. Maryland
law (Sections 5-601, 5-602 and 5-607, Criminal Law Article) states that any persons who
unlawfully manufacture, distribute, dispense or possess a controlled dangerous substance may be
subject to imprisonment up to 5 years and fines up to $25,000.
Students and employees of Salisbury University are subject to state laws for possessing, consuming and obtaining alcohol. It is illegal in the state of Maryland
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 $1,000 for repeat offenses. Under section TR16-113 of the Maryland Annotated Code, licensees under the age of 21 years
are prohibited from driving or attempting to drive a motor vehicle while
having alcohol in the licensee's blood. Violation of this license restriction may result in a license suspension or revocation and/or a fine.
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Alcohol Abuse Policy
Working under the influence of alcohol is a violation of this policy and shall subject the employee to disciplinary action.
An employee charged with an alcohol driving offense must report a finding of guilty, an acceptance of a plea of
nolo contendere, or a probation before judgment to the employee's appointing authority within five workdays.
A sensitive employee shall be suspended for 15 days and required to participate successfully in an alcohol treatment program designated by an employee assistance program the first time the employee is:
- convicted of an at-the-workplace alcohol driving offense or
- found under the influence of alcohol while at the workplace.
A sensitive employee convicted of an off-the-workplace alcohol driving offense and a non-sensitive employee convicted of any alcohol driving offense shall:
- on the first conviction, be referred to an employee assistance program and, in addition, be subject to any other appropriate disciplinary actions;
- on the second conviction, at a minimum, be suspended for at least five days, be referred to an employee assistance program, be required to participate successfully in a treatment program and, in addition, be subject to any other appropriate disciplinary actions, up to and including termination; and
- on the third conviction, be terminated.
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Drug Abuse Policy
Working under the inappropriate influence of prescription drugs or over-the- counter drugs is a violation of this policy and shall subject the employee to disciplinary action.
Working under the influence of a controlled dangerous substance is a violation of this policy and shall subject the employee to disciplinary action.
An employee charged with a controlled dangerous substance offense shall report a finding of guilty, an acceptance of a plea of
nolo contendere, or a probation before judgment to the appointing authority within five workdays.
A sensitive employee convicted of any controlled dangerous substance offense shall be terminated.
A sensitive employee who tests positive for a controlled dangerous substance as a result of a random drug test shall be suspended for 15 workdays and be required to successfully participate in a drug treatment program designated by an employee assistance program, as provided for by the appointing authority's drug testing protocol.
A sensitive employee who abuses a legally prescribed drug or an over-the- counter drug shall, on the first offense:
- be suspended for five workdays and
- be required to participate successfully in a drug treatment program designated by an employee assistance program.
Any employee otherwise in violation of this policy shall be subject to appropriate progressive disciplinary actions up to and including termination.
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Law Enforcement
When an appointing authority learns or, based on observation or reliable information, suspects that an employee has committed a controlled dangerous substance or alcohol offense at the workplace, the appointing authority shall refer the matter to an appropriate law enforcement authority for further investigation and prosecution.
All employees shall cooperate fully with law enforcement authorities in the investigation and prosecution of suspected criminal violations.
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Employee Education
All appointing authorities shall educate and inform their employees about:
- the dangers of drug and alcohol abuse in the workplace and the community at large;
- the State of Maryland's policy of maintaining a drug-free workplace;
- any drug and alcohol abuse counseling, rehabilitation and employee assistance program that is available; and
- the penalties that may be imposed upon employees for violations of this Executive Order.
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Implementation
The secretary of personnel and the head of every other personnel system in the executive branch shall adopt such policies and regulations as are necessary or desirable for the implementation of this Executive Order.
All appointing authorities are responsible for implementing, enforcing and monitoring compliance with the requirements of this Executive Order.
All employees are required to acknowledge receipt of a copy of this Executive Order by returning an acknowledgment of receipt to their supervisor for insertion in their personnel file.
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Drug‑Free Workplace Policy
Salisbury University, as an employer, strives to maintain a workplace free from illegal use, possession or distribution of controlled substances (as defined pursuant to Controlled Substances Act, 21 U.S.C. Sections
802, et seq.). Unlawful manufacture, distribution, dispensation, possession or use of controlled substances by University employees in the workplace is prohibited under University policy.
In addition to any legal penalties under federal and state law,
employees found to be in violation of this policy may be subject to
corrective action under applicable University personnel policies.
The University supports programs aimed at the prevention of substance abuse by University employees. Employees are encouraged to seek assistance for substance-dependency problems. Employee assistance counseling and leaves of absence to attend rehabilitation programs are appropriate means for dealing with these problems. To determine the availability of such prevention programs, including counseling, inquiries should be directed to the Human Resources Office or Student Counseling Services.
Approved January 2, 1989
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Salisbury University Alcohol and Other Drug Programs
Bi-Annual Review 2006 and 2007 Summary of Findings
(Wellness Report)
Summary of Findings:
During this period, the Division of Student Affairs established wellness
as a priority in its strategic planning efforts, mirroring the mission and
vision of the University.
As a part of this plan, a Greek Life/Wellness Coordinator position was
created to enhance wellness programs and services. He works with a
graduate assistant who has been given duties and responsibilities to assist
him in generating wellness programs and services.
The Wellness Council established a Smoking Policy
Committee that worked with campus governance groups including the Faculty
Senate, the Staff Senate and the Student Government Association to research
and propose a new campus smoking policy. This policy was approved by
all three governance groups and approved by the Executive Staff for
implementation in the Fall of 2007. The policy prohibits smoking
within 30 feet of any campus building except for a designated smoking
entrance at each building.
Additionally, a wellness website was established to organize and promote
wellness activities. Users can access the site to gain information
about programs, services and resources on campus and link to community-based
activities through the Healthy U website.
Student Health Services, Student Counseling Services, University Police,
Student Activities and the Office of Housing and Residence Life continue to
plan and implement a variety of wellness programs and services.
Graduate assistants have been utilized to further develop resources for
wellness.
Peer educators have been trained to implement an Alcohol and other Drug
Education program for students interfacing with substance abuse issues.
Approximately 500 students annually are referred into this program by on and
off campus departments and agencies, including court referrals for this
education experience.
In addition, peer educators will receive Bacchus/Gamma Training to become
nationally certified to develop and deliver wellness activities.
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