Drug Free Schools & Communities/Campuses Act (DFSCA)


UNC Greensboro is committed to maintaining an environment that supports and encourages the pursuit and dissemination of knowledge. All members of the academic community – students, faculty, administrators and staff – share in the responsibility of protecting and promoting that environment and all are expected to exemplify high standards of professional and personal conduct. The illegal or abusive use of alcohol and other drugs by members of the University community adversely affects this educational environment. North Carolina state and federal laws restrict or prohibit the use of alcohol and other drugs in various contexts. The illegal or abusive use of alcohol and other drugs is not compatible with personal health, welfare or the pursuit of academic excellence and will not be tolerated by the University on the campus or as part of any institutional activities.

The use and abuse of alcohol or other drugs can have serious negative consequences. High-risk choices can lead to significant academic, legal, financial, job performance and relationship problems, as well as problems with physical, mental and emotional health. High-risk use of alcohol and other drugs is also a factor in injuries and deaths related to overdose, accidents and crimes.

If one person is involved in high-risk behavior, everyone is at risk because problems related to the use of alcohol and other drugs affect not only the user, but friends, family, classmates, coworkers and the entire Greensboro community. The goal is to maintain a safe and healthy University environment.

Illegal, excessive and irresponsible drug and alcohol use introduces the same problems on our campus as it does in society. UNC Greensboro’s Drug and Alcohol Abuse Prevention Programs (DAAPP) seek to help students to develop mature and responsible attitudes toward legal drug and alcohol use while they are on campus so that they may continue to exercise healthy behaviors after leaving college.

The Drug-Free Schools and Communities Act (DFSCA) and Part 86 of the Department of Education’s General Administrative Regulations require institutions of higher education to certify that they have developed and implemented drug and alcohol abuse education and prevention programs. Such programs should be designed to prevent the unlawful possession, use and distribution of drugs and alcohol on campus and at recognized events and activities.

On an annual basis, universities must distribute their DAAPP report (also viewable at the bottom of this page) to all students and employees. The distribution plan must make provisions for providing materials to students who enroll after the initial distribution and for employees who are hired at different times of the year.

In addition, UNC Greensboro must conduct a biennial review in order to measure the effectiveness of its drug prevention program and to ensure consistent treatment in enforcement of its disciplinary sanctions. The University must prepare a report of findings and maintain its biennial review report and supporting materials and make them available to the Department of Education and interested parties upon request.


Standards of Conduct

Prohibited Conduct
Students, faculty and employees are responsible for knowing about and complying with provisions of applicable federal, state and foreign laws that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as “controlled substances,” as well as those laws that are related to the sale, possession and use of alcoholic beverages. Any member of the University community who violates pertinent state, federal or foreign laws or University policy regarding these subjects may be disciplined.

The Drug-Free Workplace Act of 1988 and related regulations (34 C.F.R. 84.100 et seq.) require that any employee who is convicted of any criminal drug statute violation occurring within the University community must notify the appropriate supervisor or management person no later than five (5) calendar days after such conviction. Any employee who fails to provide such notification shall be subject to disciplinary action up to and including dismissal. Within 30 days after receipt of notice of the conviction, the University must either take appropriate personnel action against the employee or require the employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program. The University may, at any time, initiate its own disciplinary proceedings against a student, faculty member, administrator or other employee when the alleged conduct (either on-campus or off-campus) is deemed to affect the interests of the University.

Penalties will be imposed for violation of the policies of UNCG only in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators and other employees, respectively. The penalties that may be imposed range from written warnings with probationary status, to expulsion from enrollment, and discharge from employment.

Faculty members who violate the University’s policy on the illegal or abusive use of alcohol and other drugs will be subject to disciplinary action in accordance with The University of North Carolina at Greensboro’s Promotion, Tenure, Academic Freedom, and Due Process Regulations, Section 8, Discharge or Imposition of Serious Sanction, adopted by the Board of Trustees.

EHRA Non-Faculty employees who violate the University’s policy on the illegal or abusive use of alcohol and other drugs will be subject to disciplinary action described in the University’s Illegal Use or Abuse of Alcohol Policy and Resources and in accordance with applicable personnel policies outlined in The UNC Policy Manual, Chapter 100.1 – The Code Section 611 and UNC Policy Manual 301.1.1 or 300.2.1.

Staff employees (SHRA) who violate the University’s policy on the illegal or abusive use of alcohol and other drugs will be subject to disciplinary action described in the University’s Use or Abuse of Alcohol Policy and Resources and in accordance with applicable UNC System and the Office of State Human Resources Policies for SHRA employees.

In accordance with the Drug-Free Workplace Act of 1988, the Chancellor will notify federal granting or contract agencies within 10 days after receiving notice that an employee directly engaged in the grant or contracting work has been convicted of a drug offense.

Students who violate the University’s policy on the illegal or abusive use of alcohol and other drugs will be subject to disciplinary action in accordance with the provisions stated in the University’s Student Code of Conduct.


Legal Sanctions

Local, state, federal and foreign laws provide a variety of legal sanctions and penalties for the unlawful possession, use or distribution of illicit drugs and alcohol. These sanctions include, but are not limited to, incarceration and monetary fines. The illegal or abusive use of drugs and alcohol by members of the University community may subject them to criminal prosecution by governmental agencies in addition to disciplinary action by the University. Status as a student or employee of the University in no way insulates an individual from criminal prosecution and punishment. A summary of North Carolina alcohol and drug laws is available below. The information provided is illustrative, not exhaustive or a definitive statement of all applicable laws. Instead, it sets forth examples of illegal conduct and the range of legal sanctions that can be imposed for the same. A further overview of federal laws governing the manufacture, possession, use and distribution of alcohol and illegal drugs is available at: https://www.dea.gov/druginfo/ds.shtml.  UNC Greensboro Police Department and local municipalities adhere to and enforce state and federal laws.


North Carolina Drug Laws

Levels of Penalty

In North Carolina, drug offenses can result in misdemeanor or felony charges, depending on the schedule and type of drug involved. Information about some common drug offenses and their corresponding sanctions/penalties are listed in Appendix I.

General Ordinance of the City of Greensboro

Sec. 4-7. – Possession and consumption of malt beverages and unfortified wine.

(a)  Except as provided by this chapter, it shall be unlawful to possess an open container of, or to consume a malt beverage or unfortified wine, on any public street, sidewalk or any property owned, occupied, or controlled by the city.

Exception: Subsection (a) does not apply to an occupant of a motor vehicle while on a public street, when served at sidewalk cafes permitted in accordance with chapter 26, or when consumed on pedal cars permitted in accordance with chapter 26.

(b)  It shall be unlawful to possess or to consume malt beverages and unfortified wine on any street, alley or parking lot which is temporarily closed to regular traffic for a special event unless the city manager, in closing the street, alley, or parking lot, makes other provisions for the possession of malt beverages or unfortified wine.

(c)  Subsections (a) and (b) shall not apply within a building or premises on city-owned property where appropriate permits have been obtained as required by law for the consumption of alcoholic beverages for the period of time permitted thereunder.

(d)  Definitions. As used herein, “malt beverage” or “unfortified wine” shall have the meaning as defined by Chapter 18B of the North Carolina General Statutes. “Open container” shall mean one whose seal has been broken or a container other than the manufacturer’s unopened original container.

(Code 1961, § 4-13; Ord. No. 95-117, § 1, 9-14-95; Ord. No. 18-099, § 1, 7-17-18)

Appendix II: North Carolina Alcohol Laws

Appendix III: Federal Trafficking Penalties

Appendix IV: Federal Trafficking Penalties – Marijuna


Disciplinary Sanctions

University Sanctions

Alcohol

The possession and use of alcohol on the campus of the University must comply with the laws of the State of North Carolina and with University policies and procedures. The acquisition, possession, transportation and consumption of alcohol by anyone under 21 years of age is prohibited. On University property, alcohol may only be possessed or consumed by persons 21 years of age or older in their residence hall rooms or appropriately licensed and/or approved campus facilities.

Student Code of Conduct                                                                                                                                                        

Section 5.E.1.   Alcohol

Violation of University policy or law regarding alcohol – includes but not limited to: possessing or consuming alcoholic beverages by students less than 21 years of age; operating a motor vehicle under the influence of alcohol or while impaired by the consumption of alcohol; furnishing or selling any alcoholic beverages to any person less than 21 years of age; being intoxicated in public attributable in part or in whole to the use of alcohol.

Section 5.E.4.   Drugs

Violation of University policy or law regarding drugs – illegal possession or use of controlled substances as defined by the North Carolina General Statutes § 90-86 through § 90-113.8; manufacturing, selling, or delivering any controlled substance or possession with intent to manufacture, sell or deliver any controlled substance; misuse of any legal pharmaceutical drugs; knowingly breathe or inhale any substance for the unlawful purpose of inducing a condition of intoxication; or possession of drug related paraphernalia, including, but not limited to pipes, bongs, hookahs and other water pipes.

Trafficking in Illegal Drugs

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. General Statutes 90-89; Schedule II, N.C. General Statutes 90-90; or for an 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. General Statutes 90-91 through 90-94, the penalties to be imposed may range from written warnings with probationary status to expulsions from enrollment and discharges from employment.

For a second or other subsequent offense, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, senior administrative officers, or EHRA non-faculty employees.

Illegal Possession of Drugs

For an offense involving the illegal possession of any controlled substance identified in Schedule I, N.C. General Statute 90-89, or Schedule II, N.C. General Statutes 90-90, or an offense involving the illegal possession of any controlled substance identified in Schedules III through VI, N.C. General Statutes 90-91 through 90-94, the penalties to be imposed may range from written warnings with probationary status to expulsions from enrollment and discharges from employment.

Students, faculty, senior administrative officers, and non-faculty EHRA employees must agree to participate in a drug education and counseling program, consent to regular drug testing at his/her own expense, 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.

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, senior administrative officers, or EHRA non-faculty employees.

Suspension Pending Final Disposition

When a student, faculty member, senior administrative officer, or non-faculty EHRA 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 in accordance with respective guidelines. This can occur if, assuming the truth of the charges, the Chancellor or the Chancellor’s designee concludes that the person’s continued presence in the University community would constitute a clear and immediate danger. If such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

Appendix V:  Alcohol Sanctioning Guidelines

Appendix VI: Drug Sanctioning Guidelines


Health Risks

To ensure students and employees are aware of the serious health consequences of the use, misuse, and abuse of alcohol and other drugs, this section provides an overview of some commonly abused drugs and provides links for more information.

Alcohol

Alcohol is a depressant that slows down a person’s central nervous system, including breathing and heart rate. Short-term risks of alcohol use include: impaired judgment, poor motor coordination, emotional instability, and increased aggression. Long-term risks include: irreversible damage to the brain, liver, pancreas, and kidneys, along with memory problems, nutritional deficiencies, and high risk of fetal damage if used during pregnancy.

Centers for Disease Control and Prevention alcohol fact sheets

Marijuana

Marijuana is an illegal drug that can cause changes in the way people think and feel. Marijuana use can make it harder for a person to function in school and work-related activities. It slows reflexes and impairs visual perceptions.

National Institute on Drug Abuse marijuana information

Cocaine

Cocaine is an illegal drug that is a strong central nervous system stimulant. It is a powerfully addictive drug.

National Institute on Drug Abuse health effects of commonly abused drugs

Club Drugs

Club drugs, such as MDMA (Ecstasy), Rohypnol, GHB, and Ketamine are sometimes used in a nightclub, bar, or rave drug scene. They have varying effects and can cause changes to critical parts of the brain.

National Institute on Drug Abuse club drugs information

Appendix VII: Commonly Used Drugs


Educational & Support Programs

The University demonstrates its commitment to maintaining appropriate campus environments by offering a variety of drug and alcohol abuse prevention and education services for students and employees, including confidential diagnosis and assessment, short-term counseling, referral, and support groups.

Supervisors who are concerned that employees may have alcohol or drug-related problems should consult with the Employee Assistance Programs.  Disciplinary sanctions will not be taken against students for seeking assistance from the Counseling Center or against employees for seeking assistance from the Employee Assistance Programs.

The University is expected to provide information to students, faculty, and staff regarding available educational and treatment programs and related services.

Alcohol and Other Drug Resources

Leonard J. Kaplan Center for Wellness

Substance Use Prevention Programs (SUPP) are provided primarily through the Center for Student Well-Being (CSWB), within the Department of Recreation & Wellness in the Leonard J. Kaplan Center for Wellness. The programs offered through CSWB are directly targeted to students but may benefit faculty and staff who choose to avail themselves of these opportunities.

The primary elements of SUPP are as follows:

  1. Prevention & Education
  2. Intervention
  3. Environmental Management
  4. Assessment/Evaluation

With these elements providing guidance for programming, the goals of SUPP are:

  1. Foster/create an environment where it is acceptable to abstain from alcohol and other drugs.
  2. Educate the UNCG community about the impact of alcohol and other drug use as it relates to academic and personal success.
  3. Ensure safety through the institutional and cultural intolerance of misuse.
  4. Prevent or reduce substance use amongst our student population while protecting their
    health, well-being, safety and quality of life.

Online Courses and Drug Testing

AlcoholEdu

AlcoholEdu is an evidence based online alcohol education program developed by Outside the Classroom and now provided by EverFi. The program was administered to all first year, non-transfer, non-international students under the age of 21 until Spring of 2019. This program focused on increasing students’ knowledge about the effects and consequences of consuming alcohol and encourages students to implement healthy practices.  All University policies concerning alcohol and other drugs were available through links throughout the course. With the start of the 2019-2020 academic year this course is no longer available to students at UNCG.

AlcoholEdu for Sanctions (Offered through AlcoholEdu) is an online course designed specifically to help students who have violated alcohol policies make safer and healthier choices – and avoid experiencing problems again. The course provided a strong educational foundation to support campus judicial programs and was an essential component of our comprehensive alcohol prevention initiative. Following completion of the program, students engaged in a one-on-one session with the Alcohol and Other Drug Counselor at the Counseling Center to discuss the results of the program. With the start of the 2019-2020 academic year this course is no longer available to students at UNCG.

Student Well-Being: itMatters

Student Well-Being: itMatters is an interactive, online course designed to inform students about

Alcohol; Sexual Behaviors; Sexual Violence; Mental Health and Sleep Wellness, all while

promoting student well-being. The University REQUIRES ALL new students under the age of 25

to complete Student Well-Being: It Matters. Adult and graduate students only have to complete the Sexual Violence Prevention module. This course helps promote confidence in students and teaches methods for success during their time here at UNCG and beyond.

Marijuana 101

Marijuana 101 is an online drug education course that specifically addresses the use of marijuana.  Students who violate the University’s drug policy may be required to complete the program. Following completion of the program, students engage in a one-on-one session with the Alcohol and Other Drug Counselor at the Counseling Center to discuss the results of the program

Drug Testing

Students found responsible for drug violations must comply with at least three (3) months of drug testing.

Substance Use Reduction Education (SURE) Seminar for Sanctions

The Nicholas A. Vacc Counseling and Consulting Clinic offers the SURE program for students who have violated the University’s alcohol and/ or drug policy. The three-hour group is psycho-educational and experiential in nature.

Substance Use Reduction Education (SURE) Assessment for Sanctions

The assessment process is for violations that may be indicative of greater risk of abuse and provides individualized evaluation and feedback using a standardized instrument, the Substance Abuse Subtle Screening Inventory (SASSI).

The Power of Choice for Sanctions

The Nicholas A. Vacc Counseling and Consulting Clinic offers The Power of Choice, a two-hour seminar geared toward enhancing productive and ethical decision-making.  Although not exclusively for alcohol or other drug possession violations, students may be assigned to this seminar to enhance their decision-making skills. This class is conducted in a small-group, interactive format to allow students the opportunity to discuss how they currently make decisions and to process as a group how to improve their skills.

Employee Assistance Program (EAP)

The State Employee Assistance Program (EAP) provides assistance and resources to help employees deal with a variety of personal concerns, including issues surrounding drug and alcohol abuse.  EAP services are offered by professional counselors and include assessment, referrals, and online resources.  The EAP program is confidential, and the first three sessions are free to eligible employees and their family members.  The North Carolina EAP is provided by ComPsych Guidance Resources.  These services are available 24/7 through the website, www.guidanceresources.com, login username and password: UNCG.

The Judicial Educator

The Judicial Educator consists of several flash-based modules that educate students on making better choices regarding alcohol use.  Specifically, the modules available for alcohol related student conduct policy violations include Alcohol 101:  Choosing a Direction, and Alcohol 102:  Choosing Options.  Each topic consists of a training module, a test and an e-mail forwarding screen.  A student must score 7 out of 10 to pass the test, otherwise, they will be taken to the start of the module to begin again. These sanctions are typically only imposed for violations where students were in the presence of alcohol and may be assigned in conjunction with AlcoholEDU or The Power of Choice (TPOC) Workshop.

New Student Transitions & First Year Experience (FYE 101: Succeed at the G and SOAR)

In an effort to promote substance use prevention initiatives to first-year students, FYE Instructors are required to have at least one lesson on holistic wellness, which could incorporate substance use. Campus partners also have the opportunity to submit presentation proposals to FYE Instructors to facilitate classroom discussions. For the fall 2018 semester, Recreation & Wellness submitted multiple proposals related to drug and alcohol use. All new students are given information during SOAR about completing the required online prevention courses by the required deadline.

Substance Use Addiction & Recovery Services – Counseling & Psychological Services

Counseling Services

The Counseling Center employs a Licensed Clinical Addictions Specialist (LCAS) who provides direct clinical services, including individual and group, to students with substance use disorders, as well as substance misuse. As needed, the LCAS meets with interested students to assess readiness to participate in The Spartan Recovery Program. Additionally, this position collaborates with the Dean of Students office to provide support and mental health resources for students who have been transported to the hospital due to alcohol or substances. In addition to direct care, this position provides training and support to staff, as well as outreach and consultation to the UNCG campus, including faculty, staff and students.

Brief Motivational Interventions (BMI)

The LCAS also coordinates and administers the Brief Alcohol Screening and Intervention for College Students (BASICS) and Cannabis Screening and Brief Intervention for College Students (CASICS) program for students who have been sanctioned by the Office of Rights and Responsibilities due to an alcohol or marijuana student code of conduct violation.

BASICS is an evidenced based short-term intervention using brief motivational interviewing that consists of two individual sessions with a practitioner.  The program reduces high risk behaviors among college students by gathering information, using assessment tools, and providing personalized feedback.  Intervention can be used for alcohol-related sanctions or for students who are concerned about their alcohol usage.

CASICS is an evidenced based short-term intervention using brief motivational interviewing that consists of two individual sessions with a practitioner.  The program reduces high risk behaviors among college students as it relates to cannabis usage by gathering information, using assessment tools, and providing personalized feedback. Intervention can be used for cannabis related sanctions or for students who are concerned about their cannabis usage

The Spartan Recovery Program (SRP)

The SRP is a program of Student Health Services Counseling Center that is available, free of charge, to UNC Greensboro students in all phases of recovery from addictions to alcohol and/or other drugs. The SRP is not a treatment program; rather, it focuses on creating a network of recovery support services that promote the personal, academic, and professional goals of students in recovery. Those services include peer support, recovery coaching, recreational activities, monthly celebrations of recovery, attendance at recovery conferences, academic support, referrals for treatment or counseling needs, and opportunities for personal, academic and professional development. SRP also has their own social space where SRP students can relax or study between classes. There is a library of resources concerning addictions available for check out. There is a kitchenette that SRP members access while enjoying their home away from home. SRP also hosts recovery related events on campus throughout the year that are open to the entire campus and the greater community. SRP also provides Recovery Zone training, an educational advocacy program developed to create a network of recovery allies across campus and offer recovery education for all UNCG community members, creating a recovery minded campus.


Oversight Responsibility

The Dean of Students /Associate Vice Chancellor for Student Affairs and the Senior Assistant Director of Student Well-Being shall serve as the main contacts that will have oversight responsibility of the DAAPP including, but not limited to: updates, coordination of information required in the DAAPP, coordination of the annual notification to employees and students, and the biennial review. They will work in conjunction with the Alcohol & Other Drug Committee during the biennial reviews and will work with other University officials to ensure that policy information is current and disseminated to all campus constituents.


References

University of North Carolina Policy on Illegal Drugs, The UNC Policy Manual, 1300.1 Drug-Free Workplace Act of 1988, 41 U.S.C.A. 701 et seq. , 34 C.F.R. 85.600 et seq.

The Federal Controlled Substances Act (21 U.S.C.)

The Department of Justice, Drug Enforcement Agency, https://www.dea.gov

ILLEGAL USE OR ABUSE OF ALCOHOL at UNCG https://policy.uncg.edu/university_policies/illegal-use-or-abuse-of-alcohol/

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