Policy on Alcohol and Other Drugs

Statement of Philosophy
 

  General Policy Statement
 

Policy on the Possession and Use of Illegal Drugs on Campus
 

Policy on the Use of Alcohol on Campus
 

The Sponsoring of Activities and Events by Alcohol Beverage Manufacturers or distributors and the Marketing or Advertising of Alcoholic Beverages on Campus
 

Human Resources Issues
 

Legal Issues and Discipline
 

Compliance with the Drug Free Schools and Campuses Act
 

1. It is encouraged to promote the use of non-alcoholic beverage products as a sponsor. However, the name of an alcoholic beverage, manufacturer or distributor may be listed as simply a sponsor of the event itself. Some examples of approved acknowledgments are:

   Cal Poly Pomona Bronco Fest sponsored by Beverage Product
   The Cal Poly Pomona Bronco Fest brought to you by Beverage Product
   Beverage Product brings you the Cal Poly Pomona Bronco Fest

2. The name of an alcoholic beverage, manufacturer or distributor shall not be prominently displayed on a product, structure or piece of equipment donated to a campus entity (subject to approval by President or President’s designee and not to exceed 25% of total space). Such display should not be in instructional facilities or in places where the majority of the attendees or participants are under the age of 21.
3. Alcoholic beverages shall not be provided as free incentives to individual students or campus entities.
4. Campus entities that accept support from beverage alcohol manufacturers or distributors shall not distribute promotional clothing, specialty items, or other consumer items which utilize the University name, seal or mascot in combination with an alcoholic beverage name, trademark, logo, or company name, or which imply University endorsement of their products or companies in any way, regardless of whether such promotional items are free or for sale.

   Some examples of preferred acknowledgments are:

   Non-Alcoholic Product Loves Cal Poly Pomona Tennis
   ASI Tournament - Non Alcoholic Product
   ABC Club Pool Tournament - Non-Alcoholic Product
   
   

   Some examples of permitted acknowledgments are:

   Alcoholic Beverage Product Loves Tennis
   ASI Tournament - Alcoholic Beverage Product
   ABC Club Pool Tournament - Alcoholic Beverage Product
   
   

   Some examples of acknowledgments not permitted are:

   Alcoholic Beverage Product Loves Cal Poly Pomona Tennis
   Cal Poly Pomona ABC Club Tournament -Alcoholic Beverage Product
   Broncos Drink Alcoholic Beverage Product

Advertising

1. Alcoholic beverage advertising including that which promotes events as well as products, shall not portray drinking as a way to cope with personal or academic problems of students, staff and faculty or as an enhancement to social, sexual or academic success.
   
   
2. Advertising shall not associate alcoholic beverage consumption with the performance of tasks that require skilled reactions such as the operation of motor vehicles or machinery.
   
   
3. Alcoholic beverages shall not be used as an inducement to participate in an event. Advertisements for any event where alcoholic beverages are served shall mention the availability of non-alcoholic beverages as prominently as alcohol.
   
   
4. Advertising for any event shall not make reference to the amount of alcoholic beverages (i.e. number of kegs) available.
   
   
5. Advertising is only permitted in connection with an event, product, or service. Marketing independent of sponsorship, including the sale of permanent advertising space, is not permitted without the approval of the President or his/her designee.
   
   
6. If used, the alcoholic beverage trademark, logo, company name, or symbols/pictures implying the presence of alcoholic beverages at an event must be subordinate to the message concerning the event itself (not to exceed 25% of the total space in the advertisement, poster or imprinted item.)
   
   
7. Alcoholic beverage advertising is not permitted to be displayed in instructional facilities while classes are being conducted nor when programs aimed at youth under the legal drinking age are being conducted unless mitigation measures are taken to reduce the exposure and the advertising has the approval of the President or his/her designee.
   
   
8. The Office of Student Life must approve all materials/advertisements posted/distributed on campus. Please refer to the general campus posting policy available from the Office of Student Life.

Human Resources Issues

Definitions

Auxiliary: An entity which meets the definition provided for in the Education Code (California Code of Regulations, Title 5, Article 1, Section 42400), and meets the specific criteria and requirements as set forth by the CSU Board of Trustees. At Cal Poly Pomona, the recognized auxiliaries are the Cal Poly Pomona Foundation, Inc. (Foundation), and the Associated Students Incorporated (ASI).

Confidentiality: All medical records related to the diagnosis or treatment of drug or alcohol abuse program involving a Cal Poly Pomona employee or student are confidential. This information is subject to protection under Federal and State laws and may not be disclosed without specific authorization by the employee or student, or where authorized or required pursuant to Federal or State laws and regulations.

Employee: Shall include Cal Poly Pomona faculty, administrators, professional, support staff, student employees, volunteers and employees of its recognized auxiliaries (ASI/UU or Cal Poly Pomona Foundation Inc.).

Workplace: Any property owned, controlled, leased from or by California State Polytechnic University, Pomona as a site for the performance of work by employees of Cal Poly Pomona or its recognized auxiliaries (ASI/UU or Cal Poly Pomona Foundation Inc.) or any meeting place deemed to be the location for official business of the University.

Coverage

Notification:

California State Polytechnic University, Pomona shall provide informational materials and/or programs on substance abuse on an on-going basis. Distribution of the policy shall be as follows: University catalog (via hard copy or web site) Summary in quarterly class schedule Summary in Safety on Campus brochure (campus-wide annual distribution) All new faculty and staff hires (distributed by Payroll) Summary in Staff Employee Handbook available on the Human Resources web page when completed. To all departments via the University Manual

Counseling and Rehabilitation

The services of Counseling and Psychological Services and Student Health Services are available to all Cal Poly Pomona students. University managers should confer with the EAP Coordinator in the Human Resources Department for direction on assisting employees who may require a referral to their health provider. Foundation and ASI/UU managers should contact the Human Resources unit for assistance.

 

Employee Job Performance

1. Employees are encouraged to seek assistance for drug and alcohol related problems and may request leaves of absence for this purpose, in addition to using approved vacation or sick leave, or attending employee support programs outside regular work hours.

   When an employee's job performance appears impaired due to the use of an illegal substance or the abuse of a legal substance, including alcohol, the supervisor is obligated to take appropriate action to address the problem. Supervisors are encouraged to seek assistance from the Human Resources Department, Employee Assistance Program (EAP) or Faculty Affairs. Appropriate action is determined on a case-by-case basis and may include, but is not limited to supervisory referral to the EAP, corrective action, or Cal Poly Pomona Police Department intervention.

   Corrective actions for employees found to be in violation of this policy may include, but is not limited to, dismissal, referral for prosecution, and/or referral for rehabilitation. In addition to or in lieu of corrective action, an employee may be required to participate in an approved counseling or treatment program. Attendance in counseling or treatment programs does not relieve an employee from the obligation to maintain acceptable work standards nor should it delay appropriate corrective action.

2. Any person covered by this policy who is convicted of a drug or alcohol-related offense committed on campus, at the workplace, on other institutional property, or at an institutional function, shall report the conviction to the administration, as follows:
   
   

   • Cabinet level administrators report to the President. Deans and directors report to their respective Vice President.
     
   • Faculty report to the Associate Vice President for Faculty Affairs.
     
   • Other Management personnel, university staff, and volunteers report to the Director of Human Resources.
     
   • University student employees report to the management of the employing department, who in turn reports to the Director of Human Resources.
     
   • Auxiliary employees and volunteers report to the Human Resources Representative in the respective auxiliary.
3. Employees who are subject to the requirements of the federal Omnibus Transportation Employee Testing Act must comply with the drug testing provisions, as defined by the program and administered by the Department of Human Resources.

Violation of Policy

1. Fitness For Duty - Employees are expected to be in a condition fit to perform the normal and reasonable duties of their position at all times. The consumption of alcohol or use of drugs which impairs one's ability, either prior to the start of a work shift, during the work shift or during meal breaks, is prohibited.

   Fitness requirements are applicable any time an employee is operating a vehicle on University or auxiliary business, whether it is one’s personal vehicle or an employer- owned vehicle.

   The failure to present one’s self in a fit condition may result in disciplinary action up to and including termination.
2. All professional or paraprofessional/student assistants of University Housing Services while on duty coverage, shall not consume or be under the influence of alcohol or any other mind or mood altering substances. Professional live-in staff members must be in a condition where they can respond to any emergency situations at any time.

Recordkeeping

Administrative offices responsible for providing substance abuse-related educational programs or materials should maintain records of the program materials offered, the targeted groups, number of participants, and method of distribution, for biennial Federal audits of Cal Poly Pomona's efforts to create a drug-free environment.

Legal Issues and Discipline

Definitions

Alcoholic Beverage: Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one per cent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. (Business and Professions Code, Section 23004).

Conviction: The term "conviction" means a 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 violation of Federal or State criminal drug statutes.

Legal Sanctions: There are numerous Federal, State and local statutes and ordinances relating to the manufacture, distribution, dispensation, possession or use of controlled substances or alcohol.

Student: The term "student" means any person currently enrolled at the university, both full-time and part-time, including summer session, special session and extended education.

Substances: The term "substances" includes both illegal and legal substances:

1. Illegal Substances--Controlled substances means those substances as listed in schedules I through V of the Federal Controlled Substances Act in schedules I through V (21 U.S.C.812) and further defined by regulations (21 CFR 1308), which are obtained illegally. Information about controlled substances is available at Student Health Services, Public Safety and the University Library.
   
   
2. Legal substances are:
   

   1. Descriptions

      1. Alcoholic beverages

      2. Controlled substances as listed in the Federal Controlled Substances Act, that are prescribed or administered by a licensed physician or health-care professional.

      3. Over the counter drugs/products

   b.Regulation

   1. Any employee who is using a prescribed drug (e.g. muscle relaxant, pain medication, anti-depressant) and who has been informed or has reason to believe the use of any such drug may limit his/her ability to perform his/her job duties safely and/or efficiently, is required to advise his/her supervisor that he/she is using a presribed drug and that the use of such a drug may affect his/her ability to perform his or her duties safely and/or efficiently. Any supervisor so notified shall immediately consult with their designated Human Resources contact in order to consider what accommodations, if any, can be made to facilitate employment without risk to safety or loss of efficiency. Information concerning an employee's use of prescribed drugs shall be accorded confidential status and only those persons who have a need to know shall have access to such information.

    

Legal Sanctions Pertaining To The Use Of An Alcoholic Beverage and Controlled Substances

The following is not a comprehensive list of all applicable laws and are summaries of only a few of the laws that govern alcoholic beverages and controlled substances. Keep in mind that laws may change over time and individuals are expected to be aware of current federal, state, and local laws.

Federal Laws Governing Controlled Substances

The unlawful possession, manufacture, sale, or distribution of all scheduled (illicit) drugs constitutes a felony. Examples of these drugs include narcotics, barbiturates, amphetamines, cocaine, cannabis, hallucinogens, and synthetic drugs, e.g. PCP.

A first conviction for possession of a controlled substance can include up to 1 year imprisonment and a fine at least $1,000 but not more than $100,000, or both (21 U.S.C. 844(a)). Second and subsequent convictions can include increased imprisonment and fines.

Special sentencing provisions for possession of crack cocaine include at least 5 years in prison, not to exceed 20 years and fines up to $250,000, or both.

Property including vehicles, vessels, aircraft, money, securities, or other things of value which are used in, intended for use in, or traceable to transactions that involve controlled substances in violation of federal law are subject to forfeiture to the United States. (21 U.S.C. 881 853 and 881).

Persons convicted of possession or distribution of controlled substances can be barred from receiving benefits from any and all federal programs including student grants and loans, except some long term drug treatment programs.

California Laws Governing Controlled Substances

California law regarding controlled substances is in many respects similar to federal law with in that it is a felony that can result in imprisonment, fine, or both.

California Laws Governing Marijuana

The cultivation, the possession for sale, or the sale of marijuana constitutes a felony. A felony conviction can involve serving time in a state prison.

Possession of not more than 28.5 (103.) grams of marijuana is a misdemeanor, which is punishable by a fine of not more than $100.00. Possession of more than 28.5 grams of marijuana shall be punished by imprisonment in the county jail or by a fine of not more than $500.00, or by both such fine and imprisonment.

California Laws Governing Alcoholic Beverages

No person may sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under the age of 21, and no person under the age of 21 may purchase alcoholic beverages. (California Business and Precessions Code 25656).

It is unlawful for any person under the age of 21 to possess alcoholic beverages on any street or highway or in any place open to public view. (California Business and Professions Code 25662).

It is a misdemeanor to sell, furnish, or give away an alcoholic beverage to any person under the age of 21 (California Business and Professions Code 25658) or to any one obviously intoxicated (California Business and Professions Code 25602).

It is unlawful for any person to drink while driving, or to have an open container of an alcoholic beverage in a moving vehicle. With a blood alcohol level of .08 or higher, a driver is presumed under the influence of alcohol. Between .05% and .08% a person may be found guilty of driving under the influence. (Vehicle Code 23153).

Every person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance or any combination of any of the above and is in such a condition that he/she is unable to exercise care for his/her own safety or the safety of others is guilty of a misdemeanor (Penal Code 647(f).

The Drug-Free Workplace Act of 1988 requires that University employees directly engaged in the performance of work on a Federal contract or grant shall abide by this Policy as a condition of employment and shall notify the Principal Investigator and/or the Chair of the sponsoring department or unit within five days if they are convicted of any criminal drug statute violation occurring in the workplace or while on University business. In turn, the Principal Investigator or Chair shall notify the appropriate Office of Research Contracts and Grants Officer. That Officer is then obligated to notify the Federal contracting or granting agency within ten days of receiving notice of such conviction, and to take appropriate corrective action or require the employee to participate satisfactorily in an approved drug abuse assistance rehabilitation program.

Regulations Governing Early Identification and Referral of Abuse

1. All faculty, staff and students are encouraged to be proactive in their responses to perceived alcohol abuse or drug dependency. If any member of the campus community judges that an individual is suffering from the abuse of alcohol other drugs, he/she is encouraged to initiate discussions with the individual and/or other appropriate party. Such a discussion might address:
   
   

   1. The Cal Poly Pomona Alcohol and other Drugs Policy as appropriate.
      
      
   2. The possibility of alcohol or drug abuse
      
      
   3. The potential consequences of abuse (relating to health and well-being).
      
      
   4. The following are campus resources for the treatment of alcohol/drug related problems: Employee Assistance Program (for faculty and staff), Counseling and Psychological Services and Student Health Services (for students), and Auxiliary employees and volunteers report to the Human Resources Representative in the respective auxiliary.
      

   
   
2. The supervisor has an obligation to bring work performance concerns to the attention of the employee and to take appropriate action to address the problem. Guidelines for addressing such employee problems are presented in the Human Resources section.
   
   
3. In situations where an individual as either supervisor or member of the campus community is uncomfortable approaching the individual who is perceived to suffer from alcohol/drug abuse, the Human Resources office, Judicial Affairs or Public Safety are viable alternatives to contact.

Enforcement of Regulations

Disciplinary Action--If an employee, student or visitor is suspected with good reason of the unlawful manufacturing, distributing, dispensing, possessing or using of illicit drugs or is in violation of an alcoholic beverage statute on University property, or in connection with University activities, the University will take appropriate and consistent investigatory action.

1. Individual students will be referred to the Judicial Affairs Office and/or Public Safety.
   
   
2. Student organizations will be referred to the Office of Student Life and/or Public Safety.
   
   
3. Faculty and staff members will be referred to their immediate supervisor with assistance from Academic Affairs and Human Resources respectively and/or Public Safety.
   
   
4. In addressing situations in which individuals assume multiple roles within the campus community (e.g. researcher/lecturer, student/staff person, faculty/federal contract researcher), it is recommended that each entity may serve as a resource for counsel and clarification of strategies to best resolve the situation.
   
   
5. Visitors will be referred to Public Safety and/or other appropriate entities.

Sanctions

1. Individual students found to be in violation of University policies and/or campus regulations are subject to the following University sanctions in accordance with relevant student policies and procedures set forth by the Office of Judicial Affairs: warning, disciplinary probation, loss of privileges and exclusion from activities, suspension, dismissal, exclusion from areas of the campus, interim suspension, or other sanctions including referral to an Alcohol and other Drug Awareness Program.
   
   
2. Registered Campus Organizations found to be in violation of University policies and/or campus regulations may be restricted from use of campus services and resources to support their organizational activities, and may be placed on probation or suspension.
   
   
3. Faculty, staff, and student employees are subject to the sanctions reflective of departmental/unit policies.
   
   
4. Visitors or visiting organizations found to be in violation of University policies and/or campus regulations are subject to sanctions appropriate under local, state and federal law. In addition, violators may be excluded from participation in campus events and/or further use of the campus.

Compliance With Part 86 Of The Drug Free Schools And Campuses Act

The President shall appoint a Drug Free Schools and Campuses Act Coordinator with responsibility to annually review University compliance with the requirements of this act and to review University policies for compliance and currency. Additionally this individual shall review and maintain currency of all official publications related to this policy. This individual may also be charged to convene necessary individuals and program representatives to conduct reviews to maintain currency in existing policies and programs.

This Coordinator should serve as a knowledgeable consultant on the requirements for compliance with the Act for the campus community.

Educational Programs

Programs to educate the University community about this policy are conducted on an ongoing basis.

• The President assigns the responsibility for compliance with the Drug Free Schools Act to a member of the University staff.
  
  
• The Health Promotion staff of Student Health Services maintains alcohol and drug use as an annual target for student program interventions.
  
  
• The Drug Free Schools Act Coordinator in consultation with campus constituencies will develop and maintain relevant features on the University Web page.
  
  
• Each new employee will made aware of the policy by Human Resources
  
  
• Information about this policy is distributed in the University Catalog and quarterly in the Schedule of Classes.