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					Memo to:        All UH-Downtown/PS Holders                            UH-Downtown/PS 01.A.05
                                                                      Issue No. 2
From:           William Flores, President                             Effective date: 02/02/10
                                                                      Page 1 of 4
Subject:        Drug and Alcohol Abuse Policy

1. PURPOSE

   This PS establishes the University of Houston-Downtown's guidelines for the enforcement of
   a drug and alcohol abuse policy.

2. DEFINITIONS

   2.1     Drug Free Workplace Act of 1988: A federal statute relating to drug abuse policies that
           requires all employers with federal contracts at least equal to $25,000 to certify, as a
           condition of receiving a federal contract, that the employer will provide and maintain a
           drug-free workplace. A recipient of a federal grant must certify that the employer will
           provide and maintain a drug-free workplace. This act also requires federal contractors
           and grantees to publish and distribute a policy statement stating the prohibitions against
           the unlawful manufacture, distribution, dispensation, possession, or use of controlled
           substances in the workplace. An ongoing drug-free awareness program must be
           established warning employees of the dangers of drug abuse.

   2.2 Drug Free Schools and Communities Act of 1989: A federal statute that requires, as a
       condition of receiving funds or any other form of financial assistance under any federal
       program, an institution of higher education must certify 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.

   2.3     Employee: An individual receiving a salary, wages, other compensation, and/or stipend
           support from the university.

   2.4     Employee Assistance Program (EAP): A service, plan, or set of benefits provided by an
           employer that includes counseling for personal or family problems, including mental
           health, substance abuse, gambling addiction, marital problems, parenting problems,
           emotional problems, or financial pressures, and may also provide legal and financial
           planning.

   2.5 Illicit drug use: The use of an illegal drug substance or abuse of other drugs and
       alcohol.

   2.6     Student: An individual registered or enrolled for credit or non-credit in a course or
           program offered by the University of Houston-Downtown.

   2.7     Student Employee Assistance Program (SAP): A service, plan or set of benefits
           provided by a university or school that includes counseling for personal or family
        problems, including mental health, substance abuse, gambling addiction, marital
        problems, parenting problems, emotional problems, or financial pressures, and may
        also provide legal and financial planning.

  2.8   University activities: Activities officially sponsored by the University of Houston-
        Downtown.

  2.9   Workplace: The physical boundaries of the university and facilities owned or controlled
        by the university.

3. POLICY

  3.1   The unlawful use, manufacture, sale, distribution, dispensation, or possession of any
        illicit drug, including alcohol, in the workplace, on campus, or as part of any campus
        activities is strictly prohibited. PS 01.A.14, Use of Alcoholic Beverages at the
        University of Houston-Downtown, outlines the regulations for the service, consumption
        and distribution of alcoholic beverages on campus.

  3.2   Any employee engaged in the unlawful possession, use, or distribution of illicit drugs
        or alcohol on campus or at campus-sponsored events held off-campus will be subject to
        disciplinary action up to and including written reprimand, suspension without pay, or
        termination, depending on the severity of the infraction as outlined in the Discipline
        and Dismissal of Regular Staff Employees policy, PS 02.B.03, and may be referred to
        a drug and alcohol rehabilitation program, if deemed necessary. Employees referred for
        assistance must satisfactorily participate in a drug and alcohol abuse rehabilitation
        program, as agreed upon between the employee, Employment Services and Operations
        and the Employee Assistance Program (EAP) staff.

  3.3   Any student having violated UHD’s Student Rights and Responsibilities policy, PS
        04.A.01, regarding the unlawful possession, use or distribution of illicit drugs and
        alcohol on campus or at campus-sponsored events held off-campus will be subject to
        disciplinary action and referral to a drug and alcohol rehabilitation program, if deemed
        necessary. The Discipline Officer in the Division of Student Services/Enrollment
        Management will enforce the disciplinary measures, as outlined in PS 04.A.01.
        Students referred for assistance must satisfactorily participate in a drug and alcohol
        abuse program, as agreed upon between the student, UHD Discipline Officer, and the
        Student Assistance Program (SAP) staff.

  3.4   An employee working on a federal contract or grant must notify his/her supervisor and
        Employment Services and Operations, within five (5) calendar days, if he or she is
        convicted of any criminal drug violation in the workplace.

  3.5   The university will notify the appropriate contracting or granting agency within ten (10)
        days after receiving notice that a covered employee has been convicted of a criminal
        drug violation in the workplace.
4. PROCEDURES

  4.1   Each student will receive a copy of the Drug and Alcohol Abuse Prevention Policy, PS
        01.A.05, and the Drug and Alcohol Prevention Statement through the distribution of the
        Student Handbook, orientation, the UHD website, and/or information kiosks located on
        campus. The policy will be distributed by email to all students on an annual basis.

  4.2 All new employees will be issued a copy of the Drug and Alcohol Abuse Policy, PS
      01.A.05, and the Drug and Alcohol Prevention Statement upon employment with the
      university.

  4.3   The Drug and Alcohol Abuse Policy, PS 01.A.05, and the Drug and Alcohol Prevention
        Statement (Exhibit A) will be distributed by email to all employees on an annual basis.

  4.4   The Staff Handbook will include information on the Drug and Alcohol Abuse Policy,
        and is available on the UHD website. All staff are required to sign a Statement of
        Acknowledgement acknowledging that they have read and understood the Staff
        Handbook.

  4.5 This policy will be disseminated to faculty, staff and students when significant changes
      in the policy occur.

  4.6   The university will provide information to faculty, staff and students about prevention,
        counseling and treatment of drug and alcohol problems through seminars and
        newsletters.

  4.7 A biennial review and report of the Drug and Alcohol Abuse Policy and the Drug and
      Alcohol Prevention Statement will be conducted to assess the effectiveness of the policy
      and the prevention statement.

5. EXHIBITS

  Exhibit A: University of Houston-Downtown Drug and Alcohol Prevention Statement

6. REVIEW PROCESS

  Responsible Party (Reviewer): President

  Review: Every two years on or before May 1st.

  Signed original on file in Employment Services and Operations.
7. POLICY HISTORY

  Issue #1: 04/08/94

8. REFERENCES

  PS 04.A.01
  Drug Free Workplace Act of 1988
  Drug Free Schools and Communities Act of 1989
  PS 02.B.03
  PS 01.A.14
                                                                                      Exhibit A
                                                                                     PS 02.A.05
                                                                                     Page 1 of 4



                   UNIVERSITY OF HOUSTON-DOWNTOWN
             DRUG AND ALCOHOL ABUSE PREVENTION STATEMENT

1. National Collegiate Drug Definitions

   The following terms are important for purposes of expressing the campus policy on a drug
   free workplace:

   a. Controlled Substance: 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 and Safety Code. § 481.001 et seq.];

   b. Contract: 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;

   c. Conviction: 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;

   d. Criminal drug statute: A federal or non-federal criminal statute involving the
      manufacture, sale, distribution, dispensation, use, or possession of any controlled
      substance;

   e. Employee: An individual receiving a salary, wages, other compensation and/or stipend
      support from the university.

   f. Federal agency or agency: 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.
                                                                                           Exhibit A
                                                                                          PS 02.A.05
                                                                                          Page 2 of 4

   g. Grant: 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 which provides services
      instead of money, or other assistance in the form of loans, loan guarantees, interest
      subsidies, insurance, or direct appropriations; or any veterans' benefits to individuals, i.e.,
      any benefit to veterans, their families, or survivors by virtue of the service of a veteran in
      the Armed Forces of the United States.

   h. Grantee: A legal entity which applies for or receives a grant or contract directly from a
      federal agency.

   i. Illicit drug use: The use of an illegal drug substance, and the abuse of other drugs and
      alcohol.

   j. Nolo contendere - A Latin phrase meaning "I will not contest it." A plea in a criminal
      case which does not require the defendant to admit guilt, but the defendant does not
      contest the facts on which the charge is based. Some judges refuse to accept such pleas in
      criminal cases.

   k. Student: An individual registered or enrolled for credit or non-credit in a course or
      program offered by UHD or any of its units.

   l. University activities: An activity officially sponsored by UHD.

2. The Dangers of Drug or Alcohol Abuse in the Workplace and on Campus

   There are millions of employed individuals whose job performance and productivity are
   adversely affected by their 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. The cost to the United States economy is
   estimated to be more than 26 billion dollars per year.

3. Health Risks

   The abuse of drugs or alcohol in the workplace can lead to a variety of serious consequences
   including: poor decision making; poor morale; work errors; wasted time and materials;
   damage to equipment; theft; tardiness; absenteeism; accidents which injure the drug abuser;
                                                                                        Exhibit A
                                                                                       PS 02.A.05
                                                                                       Page 3 of 4



   accidents which put all employees and students at risk of injury and may lead to drug abuser
   disciplinary action, prosecution, illness, and even death. Abusers of these substances
   experience depression, isolation, loss of memory, loss of coordination, impaired judgment,
   reduced morale, anxiety, paranoia and loss of self respect.

4. Philosophy

   The unlawful use of drugs and alcohol is inconsistent with the behavior expected of members
   of a university community. The University of Houston-Downtown (UHD) is committed to
   development and maintenance of a drug free environment on the campus as well as an
   environment that prohibits the abuse of other drugs and alcohol. A drug and alcohol abuse
   prevention program is in operation and accessible to all members of the campus community.
   The campus is committed to the further expansion of that program and the dissemination of
   drug awareness information to the members of the campus community. In addition, the
   campus is committed to enforcing the provisions of the Drug Free Workplace Act of 1988
   and the Drug Free School and Communities Act of 1989 and believes that these acts and their
   implementation regulations provide a proper framework for the drug and alcohol abuse
   policies of the campus.

5. Policy

   The unlawful use, manufacture, sale, distribution, dispensation, or possession of any illicit
   drug, including alcohol, in the workplace, on campus, or as part of any campus activities is
   strictly prohibited. PS 01.A.14, Use of Alcoholic Beverages at the University of Houston-
   Downtown, outlines the regulations for the service, consumption and distribution of alcoholic
   beverages on campus.

6. Penalties for Violation of Policy

   The Drug and Alcohol Abuse Prevention Policy is a protection and support for the employees
   and students of UHD. Any employee or student seeking assistance through the services
   offered by the university Employee Assistance Program (EAP) or Student Assistance
   Program (SAP) will be treated in a confidential manner. However, being in treatment does
   not shield either the employee or student from disciplinary action if the policy is
   subsequently violated. Therefore, any employee or student admitting to or convicted of the
   unlawful possession, use, or distribution of illicit drugs and alcohol on campus or at campus-
   sponsored events held off campus will be subject to disciplinary action.

       •    Employees and students may be referred to a drug and alcohol assistance or
            rehabilitation program in which they must maintain satisfactory participation.
                                                                                      Exhibit A
                                                                                    PS 02.A.05
                                                                                     Page 4of 4

      •   Employees may be subject to disciplinary action up to and including termination of
          employment, and may be referred for prosecution.


      •   Students in violation of the University of Houston-Downtown's Student Disciplinary
          Policies and Procedures may be subject to disciplinary action up to and including
          expulsion, and may be referred for prosecution.

   Further information concerning disciplinary action and appropriate procedures for employees
   is available from Employment Services and Operations at (713)-221-8060 and for students
   from Student Services at (713) 221-8100.

7. Employee and Student Assistance Programs

   The University of Houston-Downtown faculty, staff and students can benefit from services
   offered through the Student Assistance Program (SAP) and the Employee Assistance
   Program (EAP).

   a. Information. Drug and Alcohol information is made available to faculty, staff, and
      students in the Student Counseling Services Office, Student Health Services, and through
      the Community Involvement Center in the Office of Student Activities & Events.
      Educational materials are screened, purchased, or developed for distribution on-campus.

   b. Education. Educational presentations are provided to faculty, staff, and students
      throughout the academic year, especially during National Collegiate Drug/Alcohol
      Awareness Week, Safe Spring Break programs, Mental Health Awareness Week, and
      Wellness Week, as well as at other times.

   c. Consultation. Faculty, staff or students can consult with the Counseling Services (SAP)
      staff regarding prevention and management of substance abuse problems of their
      significant others, employees, students, colleagues and peers.

				
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