Drug and Alcohol Abuse Prevention Policy
Federal Regulations require that the following information be made available to all employees.
Policy
There are millions of employed individuals whose job performance and productivity are adversely affected by the progressive dependence on drugs or alcohol. As many as 20% of all college students use chemical substances and drugs at a level of concern to themselves and others. Some estimate that 70% of the working population and 90% of college students consume mood-altering chemicals of some type, and the cost to the United States economy is estimated to be more than $26 billion per year.
A. Definitions
1. Controlled Substance means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) as further defined by regulations at 21 CFR 1300.11 through 1300.15, and as defined in the Texas Controlled Substances Act [Texas Health & Safety Code, §481.001 et seq.].
2. Contract means a legal instrument reflecting a relationship between the federal government and a recipient whenever the principal purpose of the instrument is the acquisition by purchase, lease, or barter, of property or services for the direct benefit or use of the federal government; or whenever an executive agency determines in a specific instance that the use of a type of procurement contract is appropriate.
3. Conviction means finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
4. Criminal drug statute means a federal or nonfederal criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance.
5. Employee means an individual receiving a salary, wages, other compensation and/or stipend support from the university.
6. Federal agency or agency means any United States executive department, military department, government corporation, government-controlled corporation, or any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
7. Grant means an award of financial assistance, including a cooperative agreement, in the form of money, or property in lieu of money, by a federal agency directly to a grantee. The term grant includes block grant and entitlement grant programs, whether or not exempted from coverage under the grants management government-wide regulation ("Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"). The term does not include technical assistance that provides services instead of money; or other assistance in the form of loans, loan guarantees, interest subsidies, insurance; or direct appropriations or any veteran's benefits to individuals, i.e. any benefit to veterans, their families, or their survivors by virtue of the service of a veteran in the Armed Forces of the United States.
8. Grantee means a legal entity that applies for or receives a grant or contract directly from a federal agency.
9. Illicit drug use means the use of illegal drugs and the abuse of other drugs and alcohol.
10. Student means an individual registered or enrolled for credit or noncredit in a course or program offered by the university or any of its units.
11. University activities means an activity officially sponsored by the University of Houston.
12. Workplace means the physical boundaries of the university and facilities owned or controlled by the university.
Females who drink alcohol during pregnancy may give birth to infants with Fetal Alcohol Syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other children of becoming alcoholics.
Alcohol use is often related to acquaintance rape and failure to protect oneself from sexually transmitted diseases (STDs). Additionally, alcohol-related accidents are the number one cause of death in the 16-24 year age group.
Bootleg manufacture creates overdose and contamination risks. These substances can produce severe neurochemical damage to the brain. The narcotic analogs (fetanyl, china white) can cause symptoms such as those seen in Parkinson's disease: uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating, and faintness. Psychological effects include anxiety, depression, and paranoia. As little as one dose can cause brain damage. The analogs of phencyclidine (PCP) cause delusions, hallucinations, and impaired perception.
| Offense | Minimum Punishment | Maximum Punishment |
| Manufacture or delivery of a controlled substance (drugs) | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000. | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years,and a fine not to exceed $250,000. |
| Possession of controlled substance | Confinement in jail for a term not to exceed 1 year and/or a fine not to exceed $4,000. | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000. |
| Delivery of Marijuana | Confinement in jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000. |
| Possession of Marijuana | Confinement in jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000. |
| Delivery of a controlled substance or Marijuana to a minor | Imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 20 years or less than 2 years, and a fine not to exceed $10,000. | |
| Driving While Intoxicated | Confinement in a jail for a term not to exceed 180 days and/or a fine not to exceed | Confinement in a jail for a term not to exceed 180 days and/or a fine not to exceed $2,000 with a minimum term of confinement of 6 days. |
| Public Intoxication | Fine to exceed $500. | |
| Intoxication Assault | Imprisonment in the Texas Department of Criminal Justice for a term of not more than 10 years or less than 2 years and a fine not to exceed $10,000. | |
| Intoxication Manslaughter | Imprisonment in the Texas Department of Criminal Justice for a term of not more than 20 years or less than 2 years and a fine not to exceed $10,000. | |
| Purchase of alcohol by a minor | Fine of not less than $25 nor more than $200. | Fine of not less than $250 nor more than $1,000. |
| Consumption or Possession of Alcoholic Beverage in Motor Vehicle | Fine not to exceed $500 | |
| Possession of alcohol by a minor | Fine of not less than $25 nor more than $200. | Fine of not less than $250 nor more than $1,000. |
| Purchase of alcohol for a minor | Fine of not less than $100 nor more than $500. | |
| Sale of alcohol to a minor | Fine of not less than $100 nor more than $500 and/or confinement in jail for not more than 1 year. | Fine of not less than $500 nor more than $1,000 and/or confinement in jail for not more than 1 year. |
| Attempt to purchase alcohol by a minor | Fine of not less than $25 nor more than $200. | Fine of not less than $250 nor more than $1,000. |
| Misrepresentation of age by a minor | Fine of not less than $25 nor more than $200. | Fine of not less than $100 nor more than $500. |
| Manufacture, distribution, or dispensing drugs (includes Marijuana) | A term of imprisonment not more than 1 year, and a minimum fine of $1,000. | A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 (for an individual) or $20,000,000 (if other than an individual). |
| Possession of drugs (including Marijuana) | Civil penalty in amount not to exceed $10,000. | Imprisonment for not more than 20 years nor less than 5 years, a fine of not less than $5,000 plus costs of investigation and prosecution. |
| Operation of a Common Carrier under the influence of alcohol or drugs | Imprisonment for up to15 years and a fine not to exceed $250,000. | |
1. Information and Referral
2. Individual Counseling
Individuals are seen on a short-term basis for assistance with drug-related problems. However, it is likely CTS will make a referral for alcohol and drug addiction. This service is available to students at no charge. Faculty and staff are able to receive short-term EAP evaluation and referral for such services.
3. Group Counseling
There is an Alcoholics Anonymous (AA) chapter which meets regularly. Details are available from the Wellness Center. This service is free to University of Houston students, faculty, and staff.
4. Psycho-Educational Programs
On a periodic basis, group programs focusing on the development of strengths and skills related to the effective management of drug related problem areas are offered by the Counseling and Testing Service and the Wellness Center. These programs are open to University of Houston students, faculty, and staff at no charge.
5. Employee Assistance Program (EAP)
Counseling and Testing provides services to Univeristy faculty and staff which include information, referral, evaluation, consultation, and short-term problem solving.
6. Mutual Health Groups
Individuals are assisted in forming groups like Alcoholics Anonymous and Alanon and information concerning these groups is maintained for dissemination to interested persons.
7. Houston Council on Alcoholism & Drug Abuse
Offers short-term counseling for anyone affected in any way by alcohol or other drug abuse. Trained alcohol and drug abuse counselors can help select a 12-step program (AA, Alanon, NA, CA, etc.) and/or appropriate treatment. Their address is 3333 Eastside. Telephone: 743-5454
In support of this policy, the university:
1. Has established a drug-free and alcohol abuse awareness program to inform its faculty, staff, and students about the dangers of drug and alcohol abuse in the workplace, the university's policy of maintaining a drug-free workplace and a workplace which prohibits the illicit use of alcohol, available drug and alcohol counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug and alcohol abuse violations.
2. Will provide each student and employee a copy of this policy. In addition, all faculty, staff, and students will be notified of this policy through appropriate publications.
3. Will notify each university employee and each student that, as a condition of employment on a federal grant or contract, the person, once so employed, must abide by the terms of the policy and must notify his/her supervisor and the Department of Human Resources of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction.
4. Will notify the appropriate federal agency within ten days after receiving notice of criminal drug statute conviction of any university employee engaged in performance of the grant or contract.
5. Will impose sanctions on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee so convicted. Sanctions imposed on employees for violation of this policy may include suspension, suspension without pay, or termination.
6. Will make a good faith effort to maintain an environment that complies with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989.
7. Will conduct a biennial review of its programs to assess their effectiveness, determine what changes need to be made, and ensure the uniform application of sanctions to employees and students.
Implementation of this policy is a joint responsibility of the Department of Human Resources, the Office of Sponsored Programs, the Police Department, the Office of Financial Aid, and the Division of Student Affairs. Notification of the program, including information about health risks and sanctions for violation of the policy, will be provided annually to students and employees. In addition, the university is committed to monitoring and assessing the effectiveness of this program. A biennial review of the program will be undertaken to determine its effectiveness and implement changes to the program if they are needed and ensure that its disciplinary standards are consistently enforced.