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| Issued
: 03/96
Classification Code : OP 03-04 |
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OPERATING PROCEDURES A. As the minimum program for the implementation of the above policy, the following information shall be distributed annually to all employees of the University and, at the time of hire, to all newly hired employees of the University: 1.
A copy of the above policy. 2.
A description of the applicable legal sanctions for the unlawful
possession or distribution of illicit drugs and the abuse of alcohol,
which shall include at least the following information: a.
Federal sanctions for the illegal use, possession, or
distribution of illicit drugs include, but are not necessarily limited
to, fines of up to $8,000,000.00 for an individual, and
imprisonment for up to life, depending upon the nature of the charge,
the type of drug involved, and the number of offenses. A chart
showing Federal penalties for drug trafficking (taken from "Drugs
of Abuse") is attached hereto and made a part hereof as Appendix A.
b.
Federal law also regulates possession, use, and distribution of
alcohol. Criminal penalties consisting of possible fines and
imprisonment are provided for violation of these laws. Enforcement
is through the Bureau of Alcohol, Tobacco and Firearms. Information can
be obtained from the Cape Girardeau office of the Bureau, telephone
number 573-335-3163. c.
In addition to the criminal penalties mentioned, various federal
agencies may regulate the use of alcohol and drugs through civil rules
and penalties. For example, the Department of Transportation requires
that any commercial driver be placed out of service for 24 hours if that
driver is found to have any measured blood alcohol concentration, or if
the presence of alcohol is "detected" by a law enforcement
officer. For a first offense a commercial driver who tests at or above
.04% blood alcohol concentration will be disqualified as a driver for at
least one year (three years if driving a hazardous materials vehicle)
and up to life time for a second offense. A commercial driver who
refuses an alcohol test is considered as being "driving under the
influence". d.
Missouri law also contains stringent penalties for conviction for
illegal possession, use, and distribution of illicit drugs.
Penalties may consist of (but are not necessarily limited to) fines of
up to $5,000.00 for an individual, and imprisonment for up to life,
depending upon the nature of the charge, the type of drug involved, and
the number of offenses. A chart summarizing penalties imposed by
the State of Missouri for drug trafficking is attached hereto and made a
part hereof as Appendix B. e.
Missouri law, in addition, imposes penalties for the illegal
sale, distribution, and use of alcohol. f.
The City of Cape Girardeau likewise prohibits the unlawful
possession, use, and distribution of illicit drugs and alcohol. Offenses
as defined in City Ordinances are generally the same as those defined in
the Missouri Statutes. Penalties include (but are not necessarily
limited to) fines of up to $500.00, jail terms of up to one year,
or both. g.
City ordinances also prohibit the possession or use of alcohol by
minors, and the sale or distribution of alcohol to minors. Penalties
include (but are not necessarily limited to) fines of up to $500.00,
jail terms of up to one year, or both. h.
City Ordinances also prohibit operating a motor vehicle under the
influence of alcohol, or while in an intoxicated or drugged condition.
A motor vehicle includes, generally, any self-propelled vehicle.
Blood alcohol content of .10 of 1% creates a presumption of
intoxication. Penalties include (but are not necessarily limited
to) fines of up to $500.00, jail terms of up to one year, or both.
Convictions of driving while intoxicated, or of driving under the
influence of alcohol, are reported to the State, and may result in
suspension of loss of operator's license. B.
A description of the health risks associated with the use of
illicit drugs and the abuse of alcohol, which shall contain at least the
following Information: 1.
Illicit Drugs - The use of illicit drugs (and the abuse of licit
drugs) has been found to have harmful, potentially serious health
effects, which include (but are not limited to) addiction, neurological
damage, heart-related problems, heart disease, diabetes, hypertension,
depression, hallucinations, toxic psychosis, psychotic behavior,
convulsions, nasal passage injury, bronchitis, ulcers, and death. The
effects of illicit drug use are summarized in Appendix C, attached
hereto and made a part hereof. Appendix C is taken from the Department
of Justice Publication, "Drugs of Abuse," 1989 Edition. This
publication may be found in Kent Library, Government Documents Section. 2.
Alcohol - Health risks associated with alcohol are described as
follows in 'What Works: Schools Without Drugs", a Department of
Education publication (available in Kent Library in the Government
Documents Section): "Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse. Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described." "Repeated
use of alcohol can lead to dependence. Sudden cessation of alcohol
intake is likely to produce withdrawal symptoms, including severe
anxiety, tremors, hallucinations, and convulsions. Alcohol
withdrawal can be life-threatening. Long-term consumption of large
quantities of alcohol, particularly when combined with poor nutrition,
can also lead to permanent damage to vital organs such as the
brain and the liver." "Mothers
who drink alcohol during pregnancy may give birth to infants with fetal
alcohol syndrome. These infants have irreversible physical abnormalities
and mental retardation. In addition, research indicates that children of
alcoholic parents are at greater risk than other youngsters of becoming
alcoholics." C.
A description of any drug or alcohol counseling treatment
or rehabilitation or re-entry programs that are available to employees,
which shall include at least the following information: 1.
The University's Substance Abuse Prevention and Education Program
Office, located on the 1st floor of Crisp Hall, room 101, in the Center
for Health and Counseling, provides information and referrals. 2.
The Community Counseling Center, located in Cape Girardeau,
provides counseling and educational programs. 3.
Local agencies to whom referral may be made include Gibson
Recovery Center, Charter Hospital (Paducah, KY), Family
Counseling Center, Inc., and the St. Francis Center for Recovery. This
list is not exhaustive, and referral may be made to other agencies, as
well as to physicians, and other professional counselors. 4.
A Narcotics Anonymous group meets in Cape Girardeau. An
Alcoholics Anonymous group meets weekdays in the University Center at
noon, Sunday mornings at 10:00 a.m., and Monday evenings at 8:00 p.m.
For more information, contact the Office of Substance Abuse Prevention
and Education, 1st floor, Crisp Hall, Room 101, 651-2270. 5.
Information and referral services of the Office of Substance
Abuse Prevention and Education are provided without expense to
employees. Other facilities and services may require a fee payment. D.
The University will conduct a biennial review of its program in
order to: 1. Determine the effectiveness of the program and implement changes in the program if they are needed. 2.
Ensure
that the disciplinary sanctions provided in paragraph 2 are consistently
enforced. |
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