A. References

• Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226.

• Executive Order, Governor, Policy on Substance Abuse in the Workplace,
  Number 1989-6.

• Management Directive, Governor's Office, Number 505.25.

• University Community Guidelines for Conduct, and Judicial Procedures,
  Lock Haven University of Pennsylvania, 1990.

• State Employee Assistance Program (SEAP), 1986.

• Lock Haven University, Alcoholic Beverage Policy, Student Handbook.

B. Standards of Conduct

• Lock Haven University of Pennsylvania, Commonwealth of Pennsylvania as required by the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law 101-226), hereby declares that the unlawful manufacture, dispensation, possession, use or distribution of illicit drugs and alcohol by students and employees
  are prohibited on any University property or workplace or as part of any University activity, except as noted in section N below.  Any employee violating the policy will
  be referred to SEAP or disciplined in an appropriate manner, up to and including termination.  Discipline, when appropriate, shall be taken under relevant provisions
  of collective bargaining agreements, Civil Service Policy or the State System's Merit Principle Policy.  Students violating this policy will be subject to the penalties and procedures prescribed in the Student Handbook.  All employees and students are subject to the standards and practices outlined in the University's Alcoholic
  Beverage Policy.

C. Definitions

• Controlled substances.  A controlled substance in schedules I-V of Section 202 of the Controlled Substance Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R1300.11-1300.15.

• Workplace.  A site for the performance of work done on duty; any place where work is performed within the scope of an employees duties.

• Criminal Drug Statute.  A federal or state criminal or civil statute involving the manufacture, distribution, dispensation, use, or possession of any controlled substance.

• Conviction.  A finding of guilt (including a plea of nolo contendere, disposition in lieu of trial, probation without verdict) or imposition of sentence or both by any judicial body charged with the responsibility to determine violation of the federal or state criminal or civil drug and alcohol statutes.

• State Employee Assistance Program.  A program for state employees designed to assist employees with alcohol, drug, personal, and other related problems.  Policy and procedures are contained in Executive Order 1980-17, Management Directive 505.22, and Manual M505.3, all titled State Employee Assistance Program.

D. Responsibilities

• Vice President for Student Affairs:  implementing the Lock Haven University Student Drug and Alcohol Prevention Program and establishing a student drug free awareness program.  Responsible for publication and distribution of these documents to all students of the University.

• Associate and Assistant Dean of Students:  implementing the disciplinary procedures as set forth in the Rules of Student Conduct and Judicial Procedures, Lock Haven University of Pennsylvania, 1990.

• Vice President for Finance and Administration:  submitting required certifications, and delegating appropriate employee drug and alcohol prevention/education responsibilities to the Director of Personnel.

• Director of Human Resources:  implementing procedures as specified in the Governor's Management Directive 505.25 Substance Abuse in the Workplace; coordinating other drug and alcohol prevention/education activities with appropriate University and SEAP personnel.  Distribute document to staff, faculty, and administrative personnel.

• Director of Law Enforcement and Safety:  statutorily required to enforce the criminal laws of the Commonwealth and of the federal government.  University Police Officers have full law enforcement authority.

E. Legal sanctions -

• under local, State, and Federal law for unlawful possession, use or distribution of alcohol and illicit drugs, but are not limited to the following.

• The Controlled Substance, Drug, Device and Cosmetic Act of 1972, P.L. 233, No.64.

• Pennsylvania Drug and Alcohol Abuse Control Act of 1972, P.L. 221, No. 63.

ALCOHOL

• Individuals selling or giving alcohol, or providing premises on which alcohol is served
  to persons under 21 years of age, are guilty of a misdemeanor of the 3rd degree for which the minimum mandatory fine is $1,000.00.
  

• The possession, manufacture, sale or alteration of an identification card or driver's license falsely representing the birth date, age or identity of persons carries a possible $300.00 fine and mandatory revocation of driving privileges for 90 days.
  

• Any person who hires, requests, or induces any person under 21 years of age to purchase, or offer to purchase liquor or malt or brewed beverages, as defined in 18 PA C.S. 6310.6 is guilty of a misdemeanor of the 3rd degree and shall be sentenced to pay a fine of not less than $300.00.
  

• A person commits a summary offense if he/she being less than 21 years of age attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any alcoholic beverage. Upon conviction a person may be sentenced to pay a fine of $300.00 and mandatory revocation of operating privileges for 90 days on the first offense.
  

• Driving While Intoxicated (D.U.I.) in Pennsylvania ( .10 blood alcohol content) -
  is a misdemeanor of the 2nd degree and the court will not impose a fine of less than $300.00 and a minimum term of imprisonment for not less than 48 hours on the first offense. In addition, a mandatory revocation of operating privileges for a period of not less than one month but not more than 12 months applies to the initial conviction.
  

• Intoxication is not recognized in Pennsylvania as a legal defense to criminal offenses.

NARCOTICS/CONTROLLED SUBSTANCES

• The acquisition, obtaining, or possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is a felony and carries a sentence of imprisonment not exceeding fifteen years or to pay a fine not exceeding two hundred-fifty thousand dollars ($250,000.00) or both or such larger amount as is sufficient to exhaust assets utilized in and the profits obtained from the illegal activity.
  

• The sale at retail or dispensing of any controlled substance listed in schedules II, III, and IV to any person except when authorized by law to sell, dispense, prescribe or possess is a misdemeanor and carries a sentence not to exceed one year imprisonment and/or a fine not to exceed five thousand dollars ($5,000.00) or both.
  

F. Biennial Review

• The Human Resources Director and the Vice President for Student Affairs or designee will conduct a biennial review of the University Drug and Alcohol Prevention Program to determine its effectiveness and propose changes if they are needed, and to ensure that the sanctions developed are consistently enforced.

G. Health Risks

• The following controlled substances may lead to certain health risks as noted.

H. Education and Training

• Employees - Literature and information regarding the dangers of drug and alcohol abuse will be disseminated to employees.  Supervisors will receive information and training regarding their responsibilities in the administration of the substance abuse policy and SEAP.
  

• Students - The University will encourage education on the use and abuse of alcohol and illicit drugs through academic courses and programs.  Periodic handouts, newspaper articles, and other publications will be disseminated to the students.

I. Drug Awareness Program

• Substance abuse is a serious and complex, but treatable, condition/disease that negatively affects the productive, personal, and family lives of those involved.  The University is committed to addressing the problems of substance abuse by students and employees.  In order to ensure the well being of students and employees, the University will provide access to necessary treatment and rehabilitation assistance.  This program will identify the problem at the earliest possible stage and motivate individuals to seek help.  It will direct the individuals to the most appropriate resources and ensure confidentiality.  The program provides for concurrence and agreement by management and various employee unions.

J. Description of Counseling Rehabilitation and Treatment Available

• The University is committed to the provision of drug counseling programs, rehabilitation 
  and employee assistance programs.  A list of resources is available at the Glennon Health Center and the Lock Haven University Wellness Center located on the ground floor of Woolridge Hall.

K. University Community Guidelines for Conduct - University Authority

• The Commonwealth of Pennsylvania has the power to make and enforce laws and regulations which are essential to the establishment, maintenance, operation, and preservation of the Commonwealth.  Lock Haven University is owned, established, funded, staffed, operated and maintained by the Commonwealth of Pennsylvania and has the authority to make and establish rules and regulations designed to enable the University to carry out its purpose without disruption either by external or internal influences.  Any student or employee who is in violation of statutes, laws or regulations of the Commonwealth and/or regulations of Lock Haven University is subject to prosecution in the appropriate courts of the Commonwealth and, furthermore, is subject to disciplinary action by the University, either or both as may be determined by the proper and duly constituted offices of the Commonwealth and/or the University. 
  The disciplinary authority of the University includes, but is not limited to, the following:  admonish, warn, censure, place on probation, require restitution, suspend, expel, eject from premises and/or arrest by civil authorities.

L. Dissemination of Information

• All employees and students will receive annually a copy of the Drug and Alcohol Prevention Program distributed at the beginning of the fall semester.  Newly hired employees will receive a copy of the Drug and Alcohol Prevention Program and the Executive Order upon employment.  New students other than Fall admissions will receive a copy from the Student Affairs Office.

M. Certifications

• Lock Haven University of Pennsylvania will provide a written certification to the Department of Education that it has adopted and implemented a Drug and Alcohol Prevention program.  Prior to receiving or renewing a federal contract of $25,000.00 or more or a grant of any denomination, the Vice President for Finance and Administration is responsible to ensure that the Certification of Drug Free Workplace is completed and sent to the appropriate federal agency.

N. Exceptions to Policy

• The prohibition of possession and use of alcoholic beverages on campus does not pertain to the residence of the President and other sanctioned activities and locations which comply with state and federal law.  Exceptions to the policy may be made with the consent and direction of the President or his designee.