Policy on Illegal Drugs University of North Carolina at Chapel Hill
adopted August 24, 1988
I. INTRODUCTION
The Board of Trustees of The University of North Carolina
at Chapel Hill, in conformity with the direction of the Board of Governors of
The University of North Carolina, hereby adopts this Policy on Illegal Drugs,
effective August 24, 1988. It is applicable to all students, faculty members,
administrators, and other employees.
II. EDUCATION, COUNSELING AND REHABILITATION
The University of North Carolina at Chapel Hill has established
and maintains a program of education designed to help all members of the University
Community avoid involvement with illegal drugs. This educational program emphasizes
these subjects:
The incompatibility of the use or sale of illegal drugs
with the goals of the University;
The legal consequences of involvement with illegal drugs;
The medical implications of the use of illegal drugs; and
The ways in which illegal drugs jeopardize an individuals
present accomplishments and future opportunities.
The University of North Carolina at Chapel Hill provides information
about drug counseling and rehabilitation services available to members of
the University Community through campus-based programs and through community-based
organizations. Persons who voluntarily avail themselves of University services
are hereby assured that applicable professional standards of confidentiality
will be observed.
III. ENFORCEMENT AND PENALTIES
The University of North Carolina at Chapel Hill shall take
all actions necessary, consistent with State and Federal law and applicable
University policy, to eliminate illegal drugs from the University Community.
The University’s Policy on Illegal Drugs is publicized in catalogues
and other materials prepared for all enrolled and prospective students and
in materials distributed to faculty members, administrators and other employees.
Students, faculty members, administrators, and other employees
are responsible, as citizens, for knowing about and-complying with the provisions
of North Carolina law that make it a crime to possess, sell, deliver, or manufacture
those drugs designated collectively as "controlled substances" in
Article 5 of Chapter 90 of the North Carolina General Statutes. Any member
of the University Community who violates that law is subject both to prosecution
and punishment by the civil authorities and to disciplinary proceedings by
the University. It is not 'double jeopardy' for both the civil authorities
and the University to proceed against and punish a person for the same specified
conduct. The University will initiate its own disciplinary Proceeding against
a student, faculty member, administrator, or other employee when the alleged
conduct is deemed to affect the interests of the University.
Penalties will be imposed by the University in accordance
with procedural safeguards applicable to disciplinary actions against students,
faculty members, administrators, and other employees, as required by Section
3 of the Trustee Policies and Regulations Governing Academic Tenure in The
University of North Carolina at Chapel Hill, by Section III.D. of the Employment
Policies for EPA Non Faculty Employees of The University of North Carolina
at Chapel Hill, by regulations of the State Personnel Commission, and the
Disciplinary Procedure of the Staff Personnel Administration Guides (SPAG
37), by the Instrument of Student Judicial Governance, and by all other applicable
provisions of the policies and procedures of The University of North Carolina
at Chapel Hill.
The penalties to be imposed by the University may range from
written warnings with probationary status to expulsions from enrollment and
discharges from employment. However, the following minimum penalties shall
be imposed for the particular offenses described.
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, or Schedule
II, N.C. General Statutes 90-90 (including, but not limited to, heroin,
mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine,
methaqualine), any student shall be expelled and any faculty member,
administrator or other employee shall be discharged.
For a first 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, (including, but not
limited to, marijuana, anabolic steroids, pentobarbital, codeine),
the minimum penalty shall be suspension from enrollment or from employment
for a period of at least one semester or its equivalent.* For a second
offense, any student shall be expelled and any faculty member, administrator,
or other employee shall be discharged.
Illegal Possession of Drugs
For a first offense involving the illegal possession
of any controlled substance identified in Schedule I, N.C. General
Statutes 90-89, or Schedule II, N.C. General Statutes 90-90, the minimum
penalty shall be suspension from enrollment or from employment for
a period of at least one semester or its equivalent.**
For a first 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 minimum penalty shall
be probation, for a period to be determined on a case-by-case basis.
A person on probation must agree to participate in a drug education
and counseling program, consent to regular drug testing, 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,
administrators or other employees.
Suspension Pending Final Disposition When a student, faculty member, administrator, or other
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 before
initiation or completion of regular disciplinary proceedings if, assuming
the truth of the charges, the Chancellor, or in the Chancellor's absence,
the Chancellor's designee concludes that the person's continued presence within
the University Community would constitute a clear and immediate danger to
the health or welfare of other members of the University Community; provided,
that if such a suspension is imposed, an appropriate hearing of the charges
against the suspended person shall be held as promptly as possible thereafter.
IV. IMPLEMENTATION AND REPORTING
Annually, the Chancellor shall submit to the Board of Trustees
a report on campus activities related to illegal drugs for the preceding year.
The reports shall include, as a minimum, the following:
a listing of the major education activities conducted during
the year;
a report on any illegal drug-related incidents, including any
sanctions imposed;
an assessment by the Chancellor of the effectiveness of the
campus program and;
any proposed changes in the Policy on Illegal Drugs.
A copy of the report shall be provided to the President,
who shall confer with the Chancellor about the effectiveness of campus programs.
*Employees subject to the State Personnel Act are governed by regulations of
the State Personnel Commission. Because the minimum penalty specified in this
Section and required by the Board of Governors exceeds the maximum period of
suspension without pay that is permitted by State Personnel Commission regulations,
the penalty for a first offense for employees subject to the State Personnel
Act is discharge.
**Employees subject to the State Personnel Act are governed by regulations of
the State Personnel Commission. Because the minimum penalty specified in this
Section and required by the Board of Governors exceeds the maximum period of
suspension without pay that is permitted by State Personnel Commission regulations
the penalty for a first offense for employees subject to the State Personnel
Act is discharge.
***If this balance for an employee subject to the State Personnel Act exceeds
three days, that employee shall be discharged.