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Policy and Procedure Manual
Section 213 - Alcohol and other Drugs (Unauthorized / Unlawful use)
Applies to: Employees, Students
Purpose: To comply with and support the North Dakota State Board of Higher Education policy governing alcohol use on campus, the Drug Free Workplace Act of 1998, the Drug-Free Schools and Communities Act Amendments of 1989, and Public Law 101-226.
Policy: The College prohibits the unlawful or unauthorized use, possession, storage, manufacture, distribution, or sale of alcoholic beverages and any illicit drugs or drug paraphernalia in College buildings, any public campus area, in College housing units, in College vehicles, or at any College sponsored events held on or off-campus, which are sponsored by students, employees and their respective campus organizations, as well as reporting for work or engaging in work while under the influence of alcohol or illegal drugs. The State Board of Higher Education specifically prohibits the use or possession of alcohol in residence halls. State and federal laws will be regarded as the only bodies of rules governing the use of alcoholic beverages and other drugs in College faculty housing, married student housing, and the President's house.
For NDSCS employees, compliance with this policy is a term and condition of employment. Employee use and abuse of alcohol and other drugs represents a substantial risk to public and co-worker safety, and will not be tolerated. Employees must recognize their responsibility to seek and/or complete appropriate treatment.
Any employee convicted of violating a criminal drug statute in the workplace, on or off campus, MUST NOTIFY THE HUMAN RESOURCES DIRECTOR no later than five days after such conviction. North Dakota State College of Science is required by law to inform the federal contracting officer within 10 days of receiving such notice from an employee or otherwise receiving notice of such conviction.
The North Dakota State College of Science is committed to maintaining an academic and social environment conducive to the academic and personal development of the College community.
NDSCS supports a drug-free awareness program to inform the campus community about: a) The dangers of drug use and abuse; b) Available drug counseling, rehabilitation, and employee assistance programs; and c) The penalties imposed upon individuals for drug use and abuse violations.
There are treatment programs available to help individuals experiencing problems with substance abuse. When appropriate, NDSCS personnel will refer students and employees to agencies outside of NDSCS for treatment/rehabilitation. Such referrals shall be coordinated through the Director of Counseling Services. For additional information, students and employees who are seeking such services for themselves or others should contact NDSCS's Counseling Center.

Guidelines:
1. The following statements further clarify the College Policy on the use and possession of alcohol by students and employees and their respective campus organizations. For information concerning applications of this policy, please consult the Director of Student Life, or the Human Resources Director.
1.1 Students, employees and their respective campus organizations may not use organizational or public funds for the purchase of alcoholic beverages.
1.2 Alcoholic beverage consumption at on or off campus events sponsored by the College is prohibited unless authorized by the President of the College.
1.3 Sale of alcoholic beverages by students, employees and their respective campus organizations is strictly forbidden. This is to include any action that can be remotely construed as alcohol sale such as charging admission to parties, passing the hat, selling empty cups, selling drink tickets, etc.
1.4 No on-campus or off-campus activity conducted by students, employees and their respective campus organizations shall encourage excessive and/or rapid consumption of alcoholic beverages. The use of alcohol at any such events is expected to be lawful and responsible.
1.5 Alcoholic beverages (such as kegs or cases of beer) may not be used as awards or prizes in connection with events or activities sponsored by students, employees and their respective campus organizations, on or off-campus.
1.6 Public displays of advertising or promotion of the use of alcoholic beverages in College buildings or any other public campus area including College owned housing areas is prohibited. This includes banners, lighted beer/liquor signs, large balloon blow-ups, etc.
1.7 Promotional activities including advertising of alcoholic beverages can not be associated with existing campus events or programs, on or off-campus.
1.8 Advertising of alcoholic beverages in campus publications is prohibited.
1.9 For assistance when planning off-campus events, students can consult with the Director of Student Life. Employees can consult with the Director of Human Resources.

2. Persons who violate the foregoing policies or laws which follow are subject to College disciplinary action as well as civil/criminal penalties as determined by College, local, state, or federal law enforcement officials.
2.1 Employees
If an employee is convicted under criminal drug statute for a violation occurring in the workplace, on or off campus, actions may include:
2.1.1 Requiring the employee to participate in a drug assistance or rehabilitation program approved by NDSCS;
2.1.2 Disciplinary action up to and including termination of employment. Disciplinary action may include one or more of the following:
(1) Warning, reprimand, or probationary status; (2) Suspension; (3) Termination of employment; or (4) Any combination of the above sanctions.
Note: These penalties need not necessarily applied in numerical sequence. Any penalty may be chosen from this list for any offense, dependent upon its nature.
Individual employee disciplinary actions will be adjudicated through the Human Resources Director according to College Policy.
2.2 Students
Students should be aware that criminal convictions for controlled substance violations may result in the student being ineligible for certain grant, loan or work assistance financial aid programs as a result of the 1998 higher education act amendments
2.2.1 Classrooms/Shops/Labs
When students disrupt the classroom, it becomes the instructor's responsibility to notify and immediately refer the individual to the Division Dean of Students.
2.2.2 Residence Facilities:
When students violate residence facilities policies, the responsible employee shall notify and refer the individual to the Director of Student Life Student disciplinary actions will be adjudicated through the Director of Student Life.
For more specifics on policies and sanctions regarding students, please see NDSCS's College Catalog.
2.2.3 Student Organizations
Student organizations found in violation of city or state laws or College regulations involving the use or possession of alcohol are also subject to disciplinary action. In general, disciplinary penalties for student organizations are the same as those listed for individual students. However, it is possible that an offending student organization may be denied recognition of affiliation with the College as part of the disciplinary action. Violations by College groups and recognized student organizations will be reviewed by the appropriate administrative office depending on the location of the infraction and, adjudicated in compliance with current procedures before the College Judicial Committee.

Reference: SBHE Policy 615 and 918

President's Signature, Date
History: Approved 7/1/89, Reviewed 2/1/95, Approved 9/1/00, Revised 4/02

Human Resources