PS #6704
TITLE: MUW Faculty and Staff Drug and Alcohol Policy 
AUTHOR: Director of Human Resources
APPROVAL DATE: March 8, 2001
EFFECTIVE DATE: March 8, 2001
PURPOSE: To define the guidelines for maintaining a drug and alcohol-free workplace and school. 
REVIEWER AND
REVIEW DATE: Director of Human Resources, October in Even Years
OPERATING DETAILS:

This policy statement is intended to express the commitment of the Board of Trustees of State Institutions of Higher Learning and Mississippi University for Women to maintaining a drug and alcohol-free workplace and school in conformity with state and federal laws as set forth in the Uniform Controlled Substances Law of the State of Mississippi, the Drug-Free Workplace Act of 1988, and the Drug Free Schools and Communities Act Amendment of 1989.

The Board of Trustees of State Institutions of Higher Learning and Mississippi University for Women acknowledge and support the laws of the State of Mississippi as set forth in Sections 41 - 29 - 101 to - 185 of the Mississippi Code, which prohibit the sale, distribution, manufacture, possession, or use of a controlled substance in this state. As a result of this law and of the policy that this Institution of Higher Learning facility be a drug-free workplace and school, staff and faculty members are specifically prohibited from using, selling, distributing, or in any other way involving themselves with controlled substances except as permitted in the relevant legislation. In addition, staff and faculty members are prohibited from being under the influence of alcohol while on the job.
 

  1. Mississippi University for Women will make available to all staff and faculty members a copy of this policy and will notify staff and faculty members that, as a condition of employment, they must abide by the requirements of this policy.
  2. Staff and faculty members are reminded that confidential assistance with substance abuse problems is available through several centers for alcohol and drug education in the greater Columbus area.
  3. Supervisors must confidentially refer for counseling any person under their supervision who appears to be having difficulty with substance abuse.
  4. Any staff or faculty member who has been convicted of a criminal drug statute violation occurring in the workplace must notify his/her immediate supervisor no later than five (5) days after the conviction.
  5. Upon notification of such a conviction, Mississippi University for Women will initiate appropriate personnel action (see "Sanctions" below) within thirty (30) days of such notification.
  6. Upon notification of such a conviction, Mississippi University for Women is required by law to notify the applicable funding agency(ies) within ten (10) days if the staff or faculty member is working in a position that is funded by federal monies.
  7. Mississippi University for Women's Office of Human Resources has information available for Drug Awareness. This information includes limited on-campus drug counseling through the Counseling Center for any employee and confidential referrals for drug problems.
Health Risks Associated with Substance Abuse

The substance abuser faces many health risks if abusive behaviors continue. Physical as well as psycho-social problems may be present as a result of the continued use of alcohol or drugs.

Physical:

Psychological: Social: Drug and Alcohol Programs in the Community

COMMUNITY COUNSELING SERVICES -- (CCS) provides outpatient therapy for substance abusers and their families. In addition, CCS administers two residential treatment programs. 1001 Main Street, Columbus, Mississippi 39701, 328-9225.

THE PINES - A residential treatment program administered through CCS for male substance abusers. Inpatient care is provided for a minimum of six (6) weeks and is based on the individual's ability to pay. Self-referrals may be made; however, other referrals may be through family members or the courts. 108 10th Street North, Columbus, Mississippi 39701, 327-7916.

CADY HILL - A residential treatment program administered through CCS for female substance abusers. The type of care, cost, and the referral systems are the same as The Pines. 1011 Main Street, Columbus, Mississippi 39701, 327-0682.

ALCOHOLICS ANONYMOUS - Provides help and support to people who have problems with drug and alcohol abuse. AA also sponsors Al-Anon which is a program designed for the family of the abuser. For more information about meeting times and locations contact AA at 327-8914.

RECOVERY HOUSE - Provides information, intervention, assessment, outpatient treatment, referrals, family counseling, and employee assistance programs. Main Office: Golden Road, or P.O. Box 2590, Columbus, MS 39704. Phone number: 329-4333

Local, State and Federal Penalties

City of Columbus penalties may change, and county, state and federal penalties will vary from those listed for the city. General penalties are:
 

Allowing Consumption of Alcoholic Beverage After Hours (67-3-53A)
$250.00
Selling Alcoholic Beverage After Hours (67-3-69A) 
$250.00
Consuming Alcoholic Beverage in Public Place (4-31) 
$85.00
Consuming Alcoholic Beverage on City property (4-10) 
$85.00
Minor in Possession of Alcoholic Beverage (67-1-81) 
Mandatory Court Appearance
$100.00
Sale of Alcoholic Beverage to a Minor (67-1-81) 
Mandatory Court Appearance (2 days)
$250.00
Minor Under Age of 21 Making False Statement to Obtain Beer 
Mandatory Court Appearance
$200.00
Minor in Possession of Light Wine 
Mandatory Court Appearance & 5 days Public Service
$100.00
Possession of Untaxed Whiskey (67-1-9) 
$350.00
Sale of Beer or Light Wine after Hours (67-3-53)
$253.00
Contributing to the Delinquency of a Minor (43-23-25)
$250.00
DUI (63-11-30) 
Mandatory Court Appearance & Attend MASEP
$755.00
DUI (2nd Offense) (10 days in Jail & 10 days Community Service & S. I. Course
$1,155.00
DUI (3rd Offense)
Felony
Possession of Marijuana (41-29-139)(d) 
All Offenses Mandatory Court Appearance 
$300.00
(2nd) Offense - within 2 years, not less than 5 days nor more than 60 days & drug Ed)
$400.00
(3rd) Offense - within 2 years, not less than 5 days nor more than 60 days & drug Ed)
$550.00
Possession of marijuana in a motor vehicle 
$1,050.00
Possession of Paraphernalia (41-29-139)(d) 
$500.00

Sanctions

A. Depending upon the facts relating to any drug conviction or use, the employee may be: suspended pending further investigation; required to participate in a drug abuse assistance program; issued a written warning; terminated; or allowed to continue in a work status. For terminations, the applicable termination procedure will apply, based upon the status of the employee. Any action will be initiated within thirty (30) days after the facts become known by the University. B. If an employee employed on a federal contract or grant fails to notify his/her immediate supervisor of any criminal drug statute conviction for a violation occurring in the workplace within five (5) working days after such conviction, he/she will be suspended pending investigation with termination possible.

C. If an employee is suspected of violating any criminal drug statue in the workplace, the Security Department will be called to begin investigation of the case.

 D. If an employee is found to be under the influence of alcohol while on the job, that employee may be subject to disciplinary action including possible termination of employment. The Drug Free Schools and Communities Act Amendment of 1989 Sec. 1213 Sec. 1213. (a) Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any Federal programs, including participation in any federally funded or guaranteed student loan program, unless it certifies to the Secretary that it has adopted and has implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that, at a minimum includes --

(1) the annual distribution to each student and employee of:
    1. standards of conduct that clearly prohibit, at minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities;
    2. a description of the applicable legal sanctions under Local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol;
    3. a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
    4. a description of any drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available to employees or students; and
    5. a clear statement that the institution will impose sanctions on students and employees (consistent with Local, State, and Federal law), and a description of those sanctions up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by paragraph (1)(A); and
      6.  
    (2) a biennial review by the institution of its program to (a) determine its effectiveness and implement changes to the program if they are needed; and (b) ensure that the sanctions required by paragraph (1)(E) are consistently enforced.