Support Staff Policies & Procedures

Support Staff Drug & Alcohol Policy

(Revised 11/03)

Policy

Applies to: Students and all University employees, including but not limited to: faculty, academic staff, support staff, and student employees.

Congress has passed and the President has signed the Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act Amendment of 1989. The following is Michigan State University's Drug and Alcohol Policy for employees and students.

Employees 1 
Consistent with state and federal law, Michigan State University will maintain a workplace free from the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance.2

Prohibition: The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, illicit drugs, and alcohol are prohibited on any property under the control of and governed by the Board of Trustees of Michigan State University, and at any site where work is performed by individuals on behalf of Michigan State University.

Consequences of Violations: Pursuant to applicable university procedures governing employee discipline, any employee involved in the unlawful use, sale, manufacturing, dispensing, or possession of controlled substances, illicit drugs, and alcohol on university premises or work sites, or working under the influence of such substances, will be subject to disciplinary action up to and including dismissal and referral for prosecution.

The employee must notify the university of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) calendar days after such conviction. Failure to provide such notice will subject the employee to discipline up to and including dismissal pursuant to applicable university procedures governing employee discipline. The employee shall notify his/her immediate supervisor, who will report the incident to the Office of Human Resources, Academic Human Resources or Student Employment Office.

Resources: Michigan State University supports and sponsors programs aimed at the prevention of substance abuse by university employees. The Employee Assistance Program (EAP) provides preventative programs and counseling for employees experiencing substance-dependency problems. Assistance is available on a voluntary basis. Leaves of absence to obtain treatment may be obtained under the medical leave provision of the appropriate labor contract or policy.

Students 
Michigan State University's compliance with provisions of the Drug-Free Schools and Communities Act Amendments of 1989 applying to students is achieved through a comprehensive alcohol and other drug prevention program, which includes policy enforcement, education programs, and treatment services.

Prohibition: General Student Regulations 2.06 and 2.07 prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students on Michigan State University property or as part of any of its activities. These regulations are as follows:

2.06 "No student shall possess, use, manufacture, produce, sell, exchange, or otherwise distribute any drug prohibited by federal or state laws." 
2.07 "No student shall possess, consume, furnish, manufacture, sell, exchange, or otherwise distribute any alcoholic beverages except as permitted by state law and university ordinance."
Consequences of Violations: Alleged violations of MSU regulations are adjudicated through the MSU student judicial process. Consequences for violations may include, but are not limited to, some form of disciplinary probation, required attendance at educational programs, referral for assessment and treatment, relocation to a new living environment, and suspension from Michigan State University for sale of illegal drugs or repeated violations of the regulations. In addition, students can expect to be arrested and fined for violations of state law on campus.

Resources: Michigan State University supports and sponsors programs aimed at the prevention of substance abuse by students. Information about education and treatment services may be obtained from Olin Health Education Service's Alcohol and Other Drug Program.

President
Provost and Vice President for Academic Affairs
Vice President for Finance & Operations & Treasurer
Vice President for Student Affairs and Services
Board of Trustees, October 12, 1990

1 This policy applies to all university employees, including but not limited to: faculty, academic staff, support staff and student employees.

Five schedules of controlled substances are defined in the comprehensive Drug Abuse Prevention and Control Act of 1970, 21. U.S.C. 812.

More information about laws governing the sale and possession of alcohol and other drugs, as well as penalties for violations of these laws, may be obtained from the Department of Police and Public Safety , the Main Library, or the MSU Employee Assistance Program.

Federal and State Penalties for Sale and Possession: The federal government decides if and how a drug should be controlled. Psychoactive (mind-altering) chemicals are categorized according to Schedule I to V. This schedule designates if the drug can be prescribed by a physician and under what conditions. Factors considered in this categorization include a drug's known and potential medical value, its potential for physical or psychological dependence, and risk, if any, to public health. Penalties for the illegal sale or distribution of a drug are established using the designation of Schedule I to V. Schedule I drugs have a high potential for abuse with no medical uses. Production of these drugs is controlled. Examples include heroin, methaqualone, all hallucinogens (except phencyclidine-PCP), marijuana, gamma hydroxybutyrate (GHB), and hashish. Tetrahydrocannabinol (THC), depending on its form, can also be a Schedule II drug.

Schedule II drugs have high potential for abuse, but have some medical uses. Production of these drugs is controlled. Examples include opium, morphine, codeine, other narcotics, barbiturates, cocaine, amphetamines, and phencyclidine (PCP).

Federal and State of Michigan penalties for selling Schedule I and II drugs vary with the quantity of the drug. Additionally, if death, rape, or serious injury is associated with the sale and/or if it is a second offense, penalties are more severe. When establishing penalties for sale, marijuana and hashish are separated from this designation according to the schedule. The penalties for sale of marijuana and hashish, however, are similar to those set for Schedule I and II drugs.

The federal penalty for first offense sale of small amounts of Schedule I and II drugs is imprisonment not less than five years and not more than forty years; if death or serious injury results, the penalty changes to imprisonment for not less than twenty years or more than life, a fine of not more than $2 million for an individual, or both.

The State of Michigan's penalty for "delivery, possession with intent to deliver, and manufacture" of less than fifty grams of a Schedule I or II controlled substance or narcotic drug is mandatory imprisonment for one to twenty years, a fine of up to $25,000 or life probation. The penalty for possession of less than twenty-five grams of a Schedule I or II controlled substance or a narcotic drug is imprisonment for up to four years, a fine of up to $25,000, or both. Both are felonies. Use of a Schedule I or II controlled substance or narcotic drug is a misdemeanor which has a penalty of imprisonment for up to one year, a fine of up to $2,000, or both. Michigan law provides for up to seven years imprisonment and/or $5,000 fine for individuals who manufacture, deliver, intend to deliver, or knowingly possess GHB.

The manufacture, distribution, or possession with intent to distribute or dispense up to 45 kilograms of marijuana or between 20-200 plants is punishable by up to seven years imprisonment, a fine of up to $500,000 for an individual, or both. In Michigan, the "delivery, possession with intent to deliver, and manufacture" of less than 5 kilograms of marijuana or a mixture containing marijuana or fewer than 20 plants is a felony, punishable by imprisonment for up to four years, a fine of up to $20,000, or both. Possession of marijuana is a misdemeanor, punishable by imprisonment for up to one year, a fine of not more than $2,000, or both. Use of marijuana is also a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of up to $100, or both.

Schedule III, IV and V drugs include those most citizens would categorize as "prescription drugs." Schedule III drugs have some potential for abuse, but less than those on Schedules I and II. The potential for abuse of Schedule IV drugs is less than those on Schedule III, and the potential for abuse on those on Schedule V is less than those on Schedule IV. All Schedule III to V drugs have medical uses and their production is not controlled. Examples of these drugs include some narcotics, chloral hydrate (IV), barbiturates (III & IV), benzodiazepines (IV), glutethimide (III), other depressants (III & IV), amphetamines (III), and other stimulants (III & IV).

The federal penalty for first offense sale of a Schedule III drug is imprisonment for not more than five years, a fine of not more than $250,000 for an individual, or both. The federal penalty for first offense sale of Schedule IV drugs is imprisonment for not more than three years, a fine of not more than $250,000 for an individual, or both. The federal penalty for first offense sale of Schedule V drugs is imprisonment for not more than one year, a fine of not more than $100,000 for an individual, or both.

Sale of some Schedule III drugs is a felony in Michigan with a penalty of imprisonment for up to seven years, a fine up to $10,000, or both.

In Michigan, the sale of Schedule IV drugs is a felony with a penalty of imprisonment for up to four years, a fine up to $2,000, or both.

Sale of Schedule V drugs in Michigan is also a felony and has a penalty of imprisonment for up to two years, a fine of up to $2,000, or both.

East Lansing Ordinances: 
East Lansing ordinances prohibit the possession of any alcoholic beverage in an open container or a container with a broken seal in any public place or private area open to the public, except a licensed liquor establishment or elsewhere as provided by ordinance. Partying and tailgating on public property with alcoholic beverages is prohibited within the city's jurisdiction. City ordinances also prohibit the use of any type of false identification to enter a bar or to purchase liquor from a carry-out store and require liquor establishments to confiscate suspected false identification and turn it over to the police department.

Violations of all East Lansing ordinances except Minor in Possession of Alcohol (MIP) and Open Alcohol are punishable by a maximum sentence of ninety days in jail or a $500 fine or both. Penalty for Open Alcohol is not more than ninety days imprisonment and/or fines of at least $150, $250, and $500 for first, second, and third violations. Maximum penalties for MIP are a fine of $100, $200, and $500 for one, two and three violations, possible community service and substance abuse screening at own expense. Operating license sanctions may also be imposed. Students are encouraged to become familiar with their responsibilities under East Lansing ordinances, which may be obtained at East Lansing City Hall.

View the Michigan Statutes and University Ordinances Regarding Alcohol Violations.

Health and Safety - To Say it Again... 
In the past, only 27 of the 813 people who utilized counseling services at the Employee Assistance Program (EAP) each year, indicated their problem was alcohol or other drug-related. Does this mean problems relating to alcoholism and other drug addiction are disappearing from the MSU work place? Likely not. Society, in general, however, seems more willing to recognize that addiction and inappropriate use present significant health risks and medical consequences.

Each year since 1991, we have presented findings as to the negative consequences of alcohol addiction and the use and abuse of other drugs. Specifically, the Drug-Free Work Place Act of 1988 was put in place "... to promote drug-free working environments, to discourage or prevent drug abuse." To say it again, here are the facts.

Users of other types of drugs face these serious problems:

There are psychological and social consequences of drug abuse as well, including loss of intimacy, friends, job and marriage; creation of a dysfunctional family system; and heightened feelings of depression, anxiety, low self-esteem, guilt, and loneliness.

The problem of drug abuse affects more than the user. It affects you as a co-worker of a drug user and your employer. Compared to the average employee, alcoholics and other drug-addicted employees nationally:

An estimated 65 percent of entry-level workers nationally have used illegal drugs, and 11.9 percent of the nation's work force are alcoholics.Non-alcoholic members of alcoholics' families use ten times as much sick leave as members of families in which alcoholism is not present.2

And one final reminder: If you or a member of your immediate family has difficulty relating to the use of alcohol or other drugs, the EAP is a confidential, cost-free counseling resource available to all faculty and staff. For more information, call 517-355-4506.

1 National Institute on Drug Abuse, National Household Survey on Drug Abuse: Main Findings 1990, 1991, p. 94.
2 M. Bernstein, J.J. Mahoney, "Management Perspectives on Alcoholism: The Employer's Stake in Alcoholism Treatment." Occupational Medicine, Vol. 4, No. 2 (1989), pp. 223-232.

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