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Drug-Free School and Communities Act
The Drug Free Schools and Communities Act Amendments of 1989 require an institution of higher education to certify to the U.S. Department of Education by 10-1-90, that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees in order to remain eligible for federal financial assistance of any kind. This policy is adopted by Oklahoma State University to comply with this statutory directive.
As set forth in local, state, and federal laws, and the rules and regulations of the University, Oklahoma State University prohibits the unlawful possession, use or distribution of illicit drugs1 and alcohol by students and employees in buildings, facilities, grounds, or other property owned and/or controlled by the University or as part of University activities.
Any student or employee of the University who has violated this prohibition shall be subject to disciplinary action including, but not limited to, suspension, expulsion, termination of employment, referral for prosecution and/or completion, at the individual's expense, of an appropriate rehabilitation program.2 Any disciplinary action shall be taken in accordance with applicable policies of the University.
Local, state, and federal laws provide for a variety of legal sanctions for the unlawful possession and distribution of illicit drugs and alcohol. These sanctions include, but are not limited to, incarceration and monetary fines.
Federal law provides rather severe penalties for distributing or dispensing, or possessing with the intent to distribute or dispense, a controlled substance, 3 and penalties of a less severe nature for simple possession of a controlled substance. The type and quantity of the drug, whether the convicted person has any prior convictions, and whether death or previous injury resulted from use of the drug in question (this, however, is not a factor in a case of simple possession) all affect the sentence. For example, if less than 50 kilograms of marijuana are involved and it is your first offense (no prior convictions), then you are subject to imprisonment of not more than 5 years, a fine of $250,000, or both. If however, 50-100 kilograms of marijuana are involved instead of less than 50, and all other factors are the same as in the preceding example, you are subject to imprisonment of not more than 20 years, unless death or serious injury results from the marijuana use, then you are subject to not less than 20 years or life, a fine of $1,000,000, or both. While the penalties for simple possession are less severe, the first conviction still carries a sentence of up to a year imprisonment, a fine of at least $1,000 but not more than $100,000, or both. With regard to simple possession, the number of convictions makes both the minimum period of imprisonment and fines greater. Under special provisions for possession of crack, a person may be sentenced to a mandatory term of at least 5 years in prison and not more than 20 years, a fine of $250,000, or both.
Starting July 1, 2000, conviction under Federal or State law involving the possession or sale of a controlled substance shall make a student ineligible to receive any grant, loan, or work assistance beginning with the date of conviction and ending as follows: (1) conviction for possession of a controlled substance: first offense - 1 year; second offense - 2 years; third offense - indefinite; (2) sale of a controlled substance: first offense - 2 years; second offense - indefinite. Students may regain eligibility earlier than specified by satisfactorily completing a rehabilitation program or other requirement as specified in the regulations.
State Law provides similar penalties with regard to the simple possession, distribution, or possession with the intent to distribute a controlled dangerous substance.4 Simple possession of marijuana is a misdemeanor and carries a punishment of up to 1 year in the county jail. A second or subsequent conviction for simple possession of marijuana carries 2-10 years in the state penitentiary. Possession of marijuana with the intent to distribute is a felony and carries a punishment of 2 years to life in the penitentiary and a fine of up to $20,000 for the first conviction. A second or subsequent conviction carries a punishment of 4 years to life in prison and a fine of up to $40,000. Depending upon the quantity involved, a convicted individual could be sentenced under the Oklahoma “Trafficking in Illegal Drugs Act” which provides for much harsher penalties.
In addition, the new state law, Prevention of Youth Access to Alcohol, became effective July 1, 2006. For minors consuming/in possession of alcohol or 3.2 beer, the following penalties apply:
1st violation: fines up to $300 and/or community service not to exceed 30 hours, and mandatory revocation of driver’s license for 6 months;
2nd violation: fines up to $600 and/or community service not to exceed 60 hours, and mandatory revocation of driver’s license for 1 year;
3rd violation: fines up to $900 and/or community service not to exceed 90 hours, and mandatory revocation of driver’s license for 2 years;
All minors who violate this law are subject to drug and alcohol assessment;
Minors who have not yet received a driver’s license will not be allowed to obtain a license for the same amount of time as the license would have been revoked.
There are also Stillwater laws similar to those described above. If drugs are involved the city will, most likely, defer to the state or federal authorities because their penalties are more severe. If alcohol is involved, you may be convicted of violating both local and state law and punished according to both laws.
Courts do not excuse individuals convicted of these offenses from a prison sentence to go to college or work. A conviction for such an offense is a serious blemish on your record which could prevent you from entering many careers or obtaining certain jobs.
Further information regarding these local, state, and federal laws may be found in the OSU Police Department and the Student Activities Office where copies are available to students and employees. Students and employees are encouraged to review this information. The above-referenced examples of penalties and sanctions are based on the relevant laws at the time of adoption of this policy statement. Such laws are, of course, subject to revision or amendment by way of the legislative process.
Alcohol and other drug use represent serious threats to health and quality of life. Alcohol and other drug use increase the risk of accidents, birth defects, HIV/AIDS, and other disease. Combining drugs may lead to unpredictable effects and many prescription and nonprescription drugs are potentially addictive and dangerous. Major categories of drugs and probable effects are below.
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is a depressant drug that impairs judgment and coordination, and in many persons causes a greater likelihood of aggressive and/or violent behavior. Even short term use may cause respiratory depression and, when consumed by pregnant women, may cause irreversible physical and mental abnormalities in newborns (fetal alcohol syndrome) or even death. Long-tern use may lead to irreversible physical and mental impairment, including liver disease, heart disease, cancer, ulcers, gastritis, delirium tremens, and pancreatitis. Alcohol interacts negatively with more than 150 medications. Driving while under the influence of alcohol is particularly dangerous and is a major cause of traffic-related deaths.
are powerful central nervous system stimulants that constrict blood vessels, dilate pupils, increase blood pressure, and elevate heart rate. Cocaine use may induce restlessness, irritability, anxiety, paranoia, seizures, cardiac arrest, respiratory failure, and death. Cocaine is extremely addictive, both psychologically and physically. Great risk exists whether cocaine is ingested by inhalation (snorting), injection or smoking. Compulsive cocaine use may develop even more rapidly if the substance is smoked and smoking crack cocaine can produce particularly aggressive paranoid behavior in users.
(Rohypnol, rophies, roofies, GHB, Ketamine, etc.) may incapacitate a person, particularly when used with alcohol. Rohypnol and GHB (gamma-hydroxybutyrate) are characterized as “date rape” drugs because they incapacitate victims, thereby increasing vulnerability to sexual assault and other crime. Sedation, relaxation, and amnesia are associated with Rohypnol use. Rohypnol may be psychologically and physically addictive and can cause death if mixed with alcohol or other depressants. GHB usage may result in coma and seizures and, when combined with methamphetamine, appears to cause an increased risk of seizure. Combining use with other drugs such as alcohol can result in nausea and difficulty in breathing. GHB may also produce withdrawal effects, including insomnia, anxiety, tremors, and sweating. Ketamine may induce feelings of near-death experiences.
(X, Adam, MDMA, XTC, etc.) has amphetamine-like and hallucinogenic properties. Its chemical structure is similar to other synthetic drugs known to cause brain damage. Ecstasy use may cause psychological difficulties, including confusion, depression, sleep problems, drug craving, severe anxiety, paranoia and even psychotic episodes. Similar difficulties may occur weeks after taking MDMA. Physical symptoms such as increases in heart rate and blood pressure may result from use of such substances. Other physical symptoms include muscle tension, blurred vision, nausea, rapid eyes movement and involuntary teeth clenching.
(acid, PCP, LSD, psilocybin [mushrooms]) are the most potent mood-changing chemicals and may produce unpredictable effects that may impair coordination, perception, and cognition. Some LSD users experience flashbacks, often without warning, without the user having taken the drug again. Violence, paranoia, delusions, hallucinations, convulsions, coma, cardiac arrest, and respiratory failure may result from hallucinogen use.
(pot, grass, hash, cannabis sativa, etc.) impairs memory, attention, coordination, and learning. Long-term effects of smoking marijuana include problems with memory, learning, distorted perception, difficulty in thinking and problem solving, loss of coordination, increased heart rate, anxiety, and panic attacks. Persons who smoke marijuana regularly may have many of the same respiratory problems as tobacco smokers, including daily cough and phlegm, chronic bronchitis, and more frequent chest colds. Because users of marijuana deeply inhale and hold marijuana smoke in their lungs, they incur a higher risk of getting lung cancer.
(heroin, opium, morphine, codeine, pain medication [Demerol, Percodan, Lortab, etc.]) may produce temporary euphoria followed by depression, drowsiness, cognitive impairment and vomiting. Narcotic use may cause convulsions, coma, and death. Tolerance and dependence tend to develop rapidly. Using contaminated syringes to inject drugs may result in contracting HIV and other infectious diseases such as hepatitis.
(tobacco, cigarettes, cigars, chewing tobacco, nicotine chewing gum and patches) is highly addictive and, according to the Surgeon General, a major cause of stroke and is the third leading cause of death in the United States. Over time, higher levels of nicotine must be consumed in order to achieve the same effect. Nicotine consumption results in central nervous system sedation and, after initial activation, may cause drowsiness and depression. If women smoke cigarettes and also take oral contraceptives, they are more prone to cardiovascular and cerebrovascular diseases than other smokers. Pregnant women who smoke cigarettes run an increased risk of having stillborn or premature infants or infants with low birth weight.
(depressants, Quaaludes, Valium, Xanax, etc.) depress central nervous, cardiovascular, and respiratory functions. Sedative-hypnotic use may lower blood pressure, slow reactions, and distort reality. Convulsions, coma, and death are outcomes associated with sedative-hypnotic use. Consuming sedative-hypnotics with alcohol or 3.2 beer is especially dangerous.
(anabolic-androgenic) may permanently damage liver, cardiovascular, and reproductive systems. Possible side effects include liver tumors, cancer, jaundice, fluid retention, and hypertension. In men, steroids may cause shrinking of testicles, reduced sperm count, infertility, baldness, breast development, and increased risk for prostate cancer. In women, steroid use may cause growth of facial hair, male-pattern baldness, menstrual changes, enlarged clitoris, and deepened voice.
(amphetamine, methamphetamine, speed, crystal, crank, Ritalin, caffeine, various over-the-counter stimulants and diet aids) are powerful central nervous system stimulants that may increase agitation, physical activity, and anxiety. Stimulants may decrease appetite, dilate pupils, and cause sleeplessness. Dizziness, higher blood pressure, paranoia, mood disturbance, hallucination, dependence, convulsions, and death due to stroke or heart failure may also result from use.
Reference: National Institute on Drug Abuse, National Institutes of Health
Additional information about health risks associated with alcohol and other drug use may be available from the following sources.
Oklahoma State University Counseling Services and the Employee Assistance Program offer counseling and referral sources for OSU students and employees. Additional treatment and informational resources appear below.
Center for Substance Abuse Treatment Information and Referral Line 1-800-662-HELP (4357)
National Council on Alcoholism and Drug Dependence Hope Line 1-800-622-2255, 24 hours a day
National Institute on Drug Abuse and National Institutes of Health 1-800-729-6686 1-800-437-4889 (TDY)
Reach-Out Hotline 1-800-522-9054
Alcohol, drug, domestic violence, sexual assault, rape crisis intervention and mental health referral.
OSU/Stillwater Area Resources
Alcohol & Substance Abuse Center (students only)
|320 Student Union, OSU, Stillwater||405-744-2818|
|Employee Assistance Program (employees only)||103C Seretean Wellness Center, OSU, Stillwater||405-744-6415|
|PaNOK Area Prevention Resource Center||156 Student Health Center, OSU, Stillwater||405-744-6304|
|Gateway to Prevention and Recovery||
801 S. Main, Suite 5
Stillwater, OK 74074
|Payne County Youth Services||
2224 W. 12th
Stillwater, OK 74076
|Stillwater Medical Center||
1323 W. 6th
Stillwater, OK 74074
|Valley Hope Alcohol and Drug Treatment Center||
100 S. Jones
Cushing, OK 74023
Approved by Board of Regents 9/7/89. Revised March, 1999, August 2000, and August 2004.
Purpose and Scope
1.01 The Drug-Free Workplace Act passed by Congress in 1988 requires federal contractors and grantees to certify to the contracting or granting agency that they will provide a drug-free workplace. This policy is adopted in order to comply with this statutory directive.
2.01 Workplace- Oklahoma State University owned or controlled property or the site for performance of work.
2.02 Controlled Substance- Cocaine, Marijuana, opiates, amphetamines and any other substance designated a “controlled substance” in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812).
2.03 Criminal Drug Statute- a federal or non-federal criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
2.04 Conviction- a finding of guilt (including judicial acceptance of a plea of nolo contendere) or imposition of sentence, or both, by a judicial body determining violations of federal or non-federal criminal drug statutes.
2.05 Project Director- the individual having administrative supervision over a project resulting from a federal grant or contract.
2.06 Employee- Shall include Oklahoma State University faculty, administrative and professional staff, classified staff, graduate assistants and student appointments.
3.01 In support of this anti-drug abuse legislation, it is the policy of Oklahoma State University to establish and maintain appropriate compliance by:
a. Publishing and distributing to all employees a written statement regarding this controlled substance prohibition in the workplace, with descriptions of disciplinary actions which may be taken against employees for violation of such prohibition. See Exhibit A, attached hereto.
b. Establishing a drug-free awareness program.
c. Notifying the contracting or granting agency within 10 days of receiving notice of an employee's criminal violation occurring in the workplace.
d. Imposing appropriate administrative disciplinary action on, or requiring the Satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted or who has otherwise violated this policy.
e. Making a good-faith continuous effort to maintain a drug-free work-place through the implementation of the requirements set forth in the Drug-Free Workplace Act.
4.01 A copy of the written statement referenced in 3.01 (a) regarding the controlled substance prohibition in the workplace shall be disseminated to all current employees, posted in each department of the University and given to each new employee.
4.02 The project director will have the responsibility of explaining this policy to employees working on a federal contract/grant.
4.03 An employee shall notify the project director or, in the absence of a project director, his/her immediate supervisor or other supervisory administrator, in writing, of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
4.04 The project director shall notify the Office of Vice President for Research of an employee's criminal drug statute conviction for violation occurring in the workplace. The Vice President for Research shall notify in writing the federal contracting or granting agency of such conviction as required by the pertinent statute and regulations. The project director's notification shall be made in a timely manner so that the Vice president for Research may comply with the time requirement set forth herein.
To All Employees:
In accordance with the Drug-Free Workplace Act of 1988, Oklahoma State University hereby notifies all employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. Any employee found to have violated this prohibition may be subject to disciplinary action up to and including dismissal or be required to satisfactorily participate in a drug abuse assistance or rehabilitation program as a condition of continued employment. The drug abuse assistance/rehabilitation program shall be one that has been previously approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. The imposition of such disciplinary action or requirement to satisfactorily participate in a drug abuse assistance /rehabilitation program is premised solely upon a violation of this prohibition and does not require a criminal conviction.
As a condition of employment at Oklahoma State University, all employees will:
1. Comply with the terms of this statement; and
2. Notify the University (through either their immediate supervisor, other supervisory administrator or project director) of any criminal drug statute conviction for a violation occurring in the workplace in writing no later than five days after such a conviction. Such conviction may, of course, result in the employee being disciplined or required to satisfactorily participate in a drug abuse assistance/rehabilitation program as specified above. Failure of an employee to report his/her conviction, as required herein, constitutes grounds for dismissal.
As a further requirement of the Drug-Free Workplace Act, the University has established a drug-free awareness program for the purpose of informing employees about the dangers of drug abuse in the workplace, the University's prohibition of controlled substances in and on OSU property, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed for drug abuse violations. An Employee Assistance Program has been created in furtherance of the drug-free awareness program. Information about the drug-free awareness program may be obtained from University Counseling Services.
Reference is made to Policy and Procedures Letter 1-1205 and the Drug-Free Workplace Act of 1988 as sources of information and clarification.
Suspensions and Disciplinary Actions
4.05 An employee found at any time to have violated the drug-free workplace policy may be disciplined by Oklahoma State University even when the violation has not resulted in a criminal conviction. Employees may also be temporarily suspended if such is deemed necessary to protect the best interest and safety of the University, its components and participants. As an alternative to disciplinary action, the University may require satisfactory participation in a drug abuse assistance or rehabilitation program as a condition to continued employment. The drug abuse assistance/rehabilitation program shall be one that has been previously approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
4.06 In determining whether a violation of the drug-free workplace policy has occurred and disciplinary action to be imposed as a result of such violation, relevant provisions of the Faculty Handbook shall be followed insofar as faculty employees are concerned, and the relevant Policy and Procedures Letter(s) shall be followed insofar as staff employees are concerned.
4.07 One of the actions set forth above in 4.05 (i.e. discipline or satisfactory participation in a drug abuse assistance/rehabilitation program) shall be taken within 30 days of receiving notice from an employee of a conviction as provided for in 4.03.
4.08 Failure of an employee to report his/her criminal drug statute conviction for a violation in the workplace within five days of the conviction is grounds for dismissal of that employee.
4.09 For staff employees, appropriate and established leave policies will be followed for the purposes of such treatment and rehabilitation. For student employees and faculty, drug rehabilitation leave will be determined on an individual basis.
4.10 Where necessary because of conviction and incarceration, decisions relative to suspension or dismissal or the granting of leave for treatment will be determined individually.
Counseling and Rehabilitation Sources
4.11 The University Employee Assistance Program may be contacted for preliminary counsel and advice regarding chemical dependency problems and referral to approved chemical dependence treatment agencies.
Adopted by the Board of Regents December 15,1989. Revised: July,1992.