Authority: Board of Trustees
History: First Issued: April 16, 1988. Last Revised: September 14, 2023.
Drug Free Workplace Act
Drug Free Schools and Communities Act
N.C. Gen Stat. § 90-86 et. seq. (North Carolina Controlled Substances Act)
Drug and Alcohol Free Workplace (State Human Resources Manual)
Contact Info: Associate Vice Chancellor for Environmental Health and Public Safety (919-515-4238).
Illegal drugs endanger the health and safety of members of the North Carolina State University (NC State) community and imperil the integrity of the pursuit of learning and working. In order for NC State to continue its efforts to address the threat of illegal drugs, and to comply with UNC policy, the Board of Trustees adopts the policy set forth below. This policy is intended to demonstrate the University’s primary commitment to education, counseling, rehabilitation, and elimination of illegal drugs. This policy additionally provides for the imposition of penalties in the event of violation of the policy.
2. EDUCATION, COUNSELING, AND REHABILITATION
2.1 The University shall maintain an educational program designed to help all members of the University community avoid involvement with illegal drugs. The educational program shall emphasize the incompatibility of the possession, use, sale or distribution of illegal drugs with the goals of the University, the legal consequences of involvement with illegal drugs, the medical and psychological implications of the use of illegal drugs, and the ways in which illegal drugs jeopardize an individual’s present accomplishments and future opportunities. Specific elements of the education program include, but are not limited to:
2.1.1 Publicizing the University’s policy in the Student Code of Conduct and other publications distributed to students and employees;
2.1.2 Continuing and expanding the drug education program conducted by Prevention Services;
2.1.3 Continuing development of courses on drug education; and
2.1.4 Increasing the awareness and utilization of the University’s Faculty and Staff Assistance Program (FASAP).
2.2 The University shall disseminate information about drug counseling and rehabilitation services that are available to members of the University community. Persons who voluntarily avail themselves of such services shall be assured that applicable professional standards of confidentiality will be observed and that such participation will not be the basis for disciplinary action. Specific counseling and rehabilitation efforts include, but are not limited to:
2.2.1 Continuing the evaluation and referral services of the Counseling Center for out-patient and in-patient rehabilitation;
2.2.2 Continuing the consultation and evaluation portions of the Prevention Service’s drug education program; and
2.2.3 Utilizing FASAP’s referral to existing community-based counseling and rehabilitation services.
3.COMPLIANCE AND PENALTIES FOR VIOLATIONS
Students and employees are responsible for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as “controlled substances” in Article 5 of Chapter 90 of the North Carolina General Statutes.
3.2.1 The University will initiate its own disciplinary proceedings against a student or employee when the violation of applicable law or University policies concerning illegal drugs is deemed to affect the interests of the University. The University may also refer matters to law enforcement for prosecution.
3.2.2 A student or employee found to have violated applicable law or University policies concerning illegal drugs may be required to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the Chancellor or the Chancellor’s designee deems appropriate. Refusal or failure to abide by such conditions and restrictions may result in additional corrective or disciplinary action.
3.2.3 For second or other subsequent offenses involving illegal drugs, progressively more severe penalties shall be imposed.
The penalties imposed by the University for students found to have violated applicable law or University policies concerning illegal drugs will vary depending upon the nature and seriousness of the offense and may include a range of disciplinary actions up to and including expulsion from enrollment. Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students as provided in the Student Discipline Procedures (REG 11.35.02).
The penalties imposed by the University for employees found to have violated applicable law or University policies concerning illegal drugs will vary depending upon the nature and seriousness of the offense and may include a range of disciplinary actions up to and including discharge from employment. Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against faculty members (Section 603 of The Code of the Board of Governors), EHRA non-faculty employees (the Employees Exempt from the State Human Resources Act (EHRA) Policy, (POL 05.15.01), and SHRA Employees (Office of State Human Resources Disciplinary Action Policy) (State Human Resources Manual – Disciplinary Action Policy).
3.3 Interim Actions Pending Final Disposition
When a student or employee has been alleged by the University to have violated this policy, interim action may be implemented prior to final disposition of the matter.
A student may be suspended from enrollment or before initiation or completion of regular disciplinary proceedings if, assuming the truth of the allegations, the Chancellor or Chancellor’s designee concludes that the student’s continued presence within the University community would constitute a clear and serious risk of danger to, disruption to, or interference with other members of the University community; provided, a hearing on the charges against the student shall be held as promptly as possible thereafter.
An employee may be placed on administrative leave with pay (EHRA employees) or investigatory placement with pay (SHRA employees) in order to allow the university to investigate the allegations and to make a determination as to whether to initiate disciplinary action.
4. COORDINATOR OF DRUG EDUCATION
The Director of Prevention Services shall serve as the Coordinator of Drug Education for the university.
4.1 The Director of Prevention Services (or designee), acting under the authority of the Chancellor, will be responsible for overseeing all actions and programs relating to this institutional policy. The Director of Employee Relations will coordinate with the FASAP provider to conduct programs for employees and provide an annual report to the Director of Prevention Services regarding such programs.
4.2 In accordance with state and federal law regarding illegal drugs including, without limitation, the Drug Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, the Director of Prevention Services shall be responsible for conducting a biennial review of the effectiveness of its educational programs regarding illegal drugs and the consistency of sanction enforcement. The Director of Prevention Services shall maintain the results of these reviews on file.