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DRUG ABUSE POLICIES
In accordance with the Drug-Free Workplace Act of 1988 and
the Drug-Free Schools and Communities Act Amendments of 1989, The University of
West Alabama has an official policy on maintaining a drug-free community and
workplace. The policy clearly states that The University of West Alabama will
not tolerate the use of illegal drugs by members of the University community and
establishes sanctions to be taken against students, faculty, or staff members
involved with illegal drugs or with the abuse of legal medication or alcohol.
The policy further requires the distribution to all members of the University
community of a description of the sanctions under local, State, and federal law
relating to the use and/or abuse of illicit drugs and alcohol and a list of
available drug counseling, rehabilitation, and assistance programs in the area.
Policy Statement on Maintaining a Drug-Free
Community and Workplace
The regulations
implementing the Drug-Free Schools and Communities Act Amendments of 1989
(Public Law 101-226) require that each institution receiving federal grant funds
must certify, prior to the award, that it will maintain a drug-free workplace
and community. The University, therefore, establishes the following policy
standard:
The use of illegal drugs and the abuse of legal medication
and alcohol threaten the health and welfare of members of the University
community. The University of West Alabama takes pride in its members, and,
therefore, is committed to eliminating substance abuse among its students,
faculty, and staff members both on and off campus.
The University of West Alabama hereby notifies all of its
employees and students, both full-time and part-time, that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance by an employee or student on The University of West Alabama campus,
or at any other location where the employee or student is performing official
duties or representing the University, or performing any work pursuant to a
federal grant, is prohibited.
The primary objective of the University in the area of
substance abuse is prevention. Through the presentation of drug, alcohol, and
other health-related educational programs, the University hopes to inform the
campus community of the problems related to substance abuse. Although the
University does not independently require drug-testing of students involved in
campus activities, the University supports and agrees to comply with
drug-testing requirements of all applicable athletic associations in which
membership is held. The Nursing Division also has additional requirements
related to substance abuse, and detection, including mandatory testing. The
University supports these additional policies applicable to Nursing students.
For student, faculty, and staff members who recognize that an abuse problem
exists, counseling and/or referral service will be made available. It is hoped
that all substance abuse problems can be handled at the counseling level;
however, it is the responsibility of the individual to seek help prior to
disciplinary action or criminal apprehension, or prosecution, as well as
conduct himself or herself in accordance with federal, state and local law
whether or not on the campus of The University of West Alabama.
The use of illegal drugs will not be tolerated by The
University of West Alabama. Members of the University community, apprehended
for or convicted of substance abuse, will be subject to appropriate University
action. Indicators of abuse, such as arrest for driving under the influence of
alcohol (DUI) or possession of illegal drugs, will serve as reasonable cause
for disciplinary action, whether or not a criminal conviction is ultimately
obtained. Those convicted of substance abuse will be subject to disciplinary
action and criminal prosecution by the appropriate authorities. Any violation
of this policy by an employee or student will render the employee or student
subject to disciplinary action (consistent with federal, state or local law)
including, but not limited to, expulsion or immediate termination of
employment. The University may also require the employee or student to
complete a drug rehabilitation program. The University will fully cooperate
with law enforcement authorities in the investigation or prosecution of any
criminal violations and may refer any suspected violations to these
authorities for prosecution. At all times, members of the University community
remain responsible for conducting themselves in accord with federal, state and
local law. Substance abuse is counter to the educational mission of the
University. This policy of prevention, counseling and discipline will serve as
a catalyst to discourage abuse by members of the University Community.
The University of West Alabama has implemented a drug-free
awareness program. The statement above, setting forth the University’s policy
of maintaining a drug-free workplace and community and the penalties that may be
imposed upon employees for drug abuse violations occurring in the workplace and
community, are a part of this program, but the University is also distributing
annually to all employees:
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Information on the dangers of drug abuse in the
workplace and community.
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Information on the legal sanctions under local, state,
and federal law for unlawful possession, use or distribution of illicit drugs
and alcohol,
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Information on available drug counseling,
rehabilitation, and employee assistance programs in the area.
Further, each employee and student who is employed under a
federal grant will be given a copy of this policy statement and will sign a
statement certifying that the employee or student will, as a condition of
employment under the grant:
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Abide by the terms of this policy statement on a
drug-free workplace, and
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Notify The University of West Alabama of any criminal
drug statute conviction, guilty plea, or "nolo contendere" plea for a
violation occurring in the workplace no later than five days after such
conviction.
Alabama Law
The unlawful distribution
of a controlled substance (including marijuana, cocaine, "crack,"
heroin, LSD, and PCP) is punishable by imprisonment (2 to 20 years) and a fine
(up to $10,000).
The unlawful possession of a controlled substance is
punishable by imprisonment (1 to 10 years) and fine (up to $5,000). Possession
of marijuana is punishable by imprisonment (1 to 10 years) and fine (up
to $5,000).
Distribution of a controlled substance to a person under 18
years of age is punishable by imprisonment (10 to 99 years) and fine (up to
$20,000).
Drug trafficking is punishable by imprisonment and
fine depending upon the specific controlled substance and its quantity. For
example, the sale of between 2.2 to 100 lbs. of cannabis is punishable by three
years imprisonment and a fine of $25,000.
The unlawful sale of a controlled substance within a
three-mile radius of The University of West Alabama is also punishable by five
years imprisonment without probation, in addition to any other penalties
otherwise provided for by law. This list is far from exhaustive.
The purchase or consumption of alcohol by a person
under 21 years of age is punishable by imprisonment (up to 30 days) and fine
(between $45 to $100). The sale of alcohol to a minor is punishable by
imprisonment (up to three months) and fine ($50 to $500). A first conviction for
DUI is punishable by imprisonment (up to 1 year) and fine ($250 to $1,000) and
also results in a 90-day driver’s license suspension.
City of Livingston
A crime punishable by
the State of Alabama is also punishable by the City of Livingston by
imprisonment (up to 6 months) and fine (up to $500). A DUI conviction is also
punishable by imprisonment (up to 1 year) and fine (up to $5,000).
Federal Law
Federal law also prohibits the manufacture, distribution,
sale, or possession of controlled substances. The specific prison term or fine
varies with the particular substance, the quantity involved, and whether death
or bodily injury results. For example, the sale of LSD (1 gram or more), cocaine
(5 grams or more), or PCP (10 grams or more) is punishable by imprisonment (5 to
40 years) and fine (up to $5,000,000). The minimum prison term is 20 years if
death or bodily injury results. Simple possession of a controlled substance is
punishable by imprisonment (up to 1 year) and a minimum fine of $1,000. The
Attorney General of the United States may also fine a person convicted of
possession up to $10,000.
Distribution
of a controlled substance to a person
under age 21 is punishable by imprisonment and fine up to twice that otherwise
authorized by law, with a minimum prison term of 1 year. The distribution
of a controlled substance on or within 1,000 feet of The University of West
Alabama is also punishable by imprisonment and fine twice that otherwise
authorized by law, with a minimum prison term of 1 year. Employing a person
under 18 years old in distributing a controlled substance is also punishable by
imprisonment and fine twice that otherwise authorized, with a minimum prison
term of 1 year. A conviction may also result in a forfeiture to the United
States government of any property or proceeds resulting from the crime. The
federal government may also deny you certain federal benefits for a period of up
to 5 years.
This notice is published pursuant to the Drug-Free
Workplace Act of 1988, and the Drug-Free Schools and Communities Act Amendments
of 1989.
Available Drug Counseling,
Rehabilitation, and Employee Assistance Programs in the Area
Local Programs
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Counseling
Center, Foust Hall, Room 7
The University of West Alabama
Livingston, AL 35470
(205) 652-3651
Other Area Programs
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Bradford Health Services (Out Patient)
515 Energy Center
Blvd.
Northport, AL 35473
205-750-0227
800-891-9673
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Bradford Health Services (Residential)
1189 Allbritton Rd
Warrior, AL 35180
205-647-1945
800-333-1865
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Hill Crest Behavioral Health Services (Residential)
6869 5th Avenue South
Birmingham AL 35212
205-833-9000
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