PD-1990-02

February 10, 1992 (reissued from 9/12/90)

To: The San Jose State University Community
From: Interm President J. Handel Evans
Subject: (Supersedes Presidential Directive 89-02) Drug-Freeschool, Drug-Free Workplace

History

This Presidential Directive has been developed in response to the Drug-Free Schools and Communities Act of 1989 (Public Law 101-226), which amends the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965. This Federal law imposes new requirements on all institutions of higher learning to adopt and implement a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on school premises or as part of school activities. The new law imposes strict sanctions for institutions of higher education that fail to comply with its requirements, including the termination of all forms of Federal assistance.

Purpose

San Jose State University recognizes that the abuse of drugs, including alcohol, is a threat to the health and welfare of the campus community and is not compatible with an optimal environment for teaching and learning.

San Jose State University recognizes that its policy on illicit drugs and alcohol must respect all legal requirements, including, but not limited to: (a) Public Laws 101-226, 100-440, 100-690 and other drug-free workplace laws; (b) controlled substances laws contained in the California Penal Code; (c) alcoholic beverage laws pertaining to the possession, consumption and sale of alcoholic beverages and penalties thereof; (d) administrative regulations concerning drugs such as those contained in union contracts, CSU disciplinary codes and personnel practices.

It is my duty under Public Laws cited above to declare San Jose State University a drug-free workplace. This means that the unlawful manufacture, possession, distribution, or use of a controlled substance is prohibited on the campus. Violation of this directive may result in dismissal under the applicable regulations of Title V. Any violator will also be subject to applicable civil and criminal penalties.

Unlawful possession, use, or distribution of illicit drugs and alcohol by students may result in disciplinary procedures under the applicable regulations of Title V, California Administrative Code. Employees found to be in violation of this policy may be subject to corrective action, up to and including dismissal, or may be required, at the discretion of the University, to participate satisfactorily in an approved counseling or rehabilitation program.

Guidlines

The following general principles will serve as standards of conduct:

  1. Use of y illicit drug (including performance enhancing substances such as anabolic steroids) is prohibited on campus at any time and is also subject to the penalties imposed by local, State, and Federal laws.
  2. The use of alcohol by intoxicated individuals or anyone under 21 years of age is prohibited on campus and is also subject to the penalties imposed by local, State, and Federal laws.
  3. Teaching or performing other University duties while under the influence of any illicit drug or alcohol is prohibited.
  4. Heavy consumption of alcohol at any University sponsored event is unacceptable behavior and may result in sanctions.
  5. Any consumption of alcohol by a pregnant woman presents health risks to her unborn child, and is thus discouraged.
  6. Responsible consumption of alcohol in low risk situations is acceptable behavior.
  7. Alternatives to alcohol must be provided at all University sponsored events where alcohol is served.

University Services

While recognizing the dangers of substance abuse, the San Jose State University administration is also aware that substance abuse problems require intervention and treatment. The University has set up internal systems of education, intervention, and referral services to treatment. For further information contact:

  • Prevention Education Program (PEP) 924-5945 or 924-5944
  • Human Resources (information and guidance) 924-2250
  • Employee Assistance Program (EAP) 924-5940

(EAP is a confidential assessment and referral service) Arrangements for treatment and special rates available from EAP

Attachment #1

September 12, 1990

To: The San Jose State University Community
From: President Gail Fullerton
Subject: (Supersedes Presidential Directive 89-02) Drug-Freeschool, Drug-Free Workplace

History

This Presidential Directive has been developed in response to the Drug-Free Schools and Communities Act of 1989 (Public Law 101-226), which amends the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965. This Federal law imposes new requirements on all institutions of higher learning to adopt and implement a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on school premises or as part of school activities. The new law imposes strict sanctions for institutions of higher education that fail to comply with its requirements, including the termination of all forms of Federal assistance.

Purpose

San Jose State University recognizes that the abuse of drugs, including alcohol, is a threat to the health and welfare of the campus community and is not compatible with an optimal environment for teaching and learning.

San Jose State University recognizes that its policy on illicit drugs and alcohol must respect all legal requirements, including, but not limited to: (a) Public Laws 101-226, 100-440, 100-690 and other drug-free work place laws; (b) controlled substances laws contained in the California Penal Code; (c) alcoholic beverage laws pertaining to the possession, consumption and sale of alcoholic beverages and penalties thereof; (d) administrative regulations concerning drugs such as those contained in union contracts, CSU disciplinary codes and personnel practices.

It is my duty under Public Laws cited above to declare San Jose State University a drug-free workplace. This means that the unlawful manufacture, possession, distribution, or use of a controlled substance is prohibited on the campus. Violation of this directive may result in dismissal under the applicable regulations of Title V. Any violator will also be subject to applicable civil and criminal penalties.

Unlawful possession, use, or distribution of illicit drugs and alcohol by students may result in disciplinary procedures under the applicable regulations of Title 5, California Administrative Cod.. Employees found to be in violation of this policy may be subject to corrective action, up to and including dismissal, or may be required, at the discretion of the University, to participate satisfactorily in an approved counseling or rehabilitation program.

Guidelines

The following general principles will serve as standards of conduct:

  1. Use of an illicit drug (including performance enhancing substances such as anabolic steroids) is prohibited on campus at any time and is also subject to the penalties imposed by local, State, and Federal laws.
  2. The use of alcohol by intoxicated individuals or anyone under 21 years of age is prohibited on campus and is also subject to the penalties imposed by Local, State, and Federal Laws.
  3. Teaching, or performing other University duties, while under the influence of any illicit drug or alcohol is prohibited.
  4. Heavy consumption of alcohol at any University sponsored event is unacceptable behavior and may result in sanctions.
  5. Any consumption of alcohol by a pregnant woman presents health risks to her unborn child, and is thus discouraged.
  6. Responsible consumption of alcohol in low risk situations is acceptable behavior.
  7. Alternatives to alcohol must be provided at all University sponsored events where alcohol is served.

University Services

While recognizing the dangers of substance abuse, the SanJose State University administration is also aware that substance abuse problems require intervention and treatment. The University has set up internal systems of education, intervention, and referral services to treatment. For further information contact:

  • Prevention Education Program (PEP) . . . . . . . 924-5945 or 924-5944
  • Human Resources (information and guidance) . . . 924-2250
  • Employee Assistance Program (EAP) . . . . . . . .924-5940

(EAP is a confidential assessment and referral service) Arrangements for treatment and special rates available from EAP