MSC 1.20 - Illegal Drugs
Responsible Office(s): Office of Drug Policy Coordinator                                             Effective: August 15, 1988

A.    Purpose.

States University employee disciplinary policy relating to illegal drugs.

B.    Scope.

Applies to all University faculty members, administrators, and other employees.

C.    Policy.

1.   General Statement.
The illegal use, possession, sale, delivery, and/or manufacture of drugs will not be tolerated and may be grounds for immediate suspension or dismissal of students, faculty members, administrators, and other University employees.

2.   Person Responsible for Overseeing Illegal Drug Policy.
The Special Assistant to the Chancellor has been designated as drug policy coordinator. This person, acting under the authority of the Chancellor, is responsible for overseeing all actions and programs relating to the campus policy on illegal drugs.

3.   Counseling and Rehabilitation.
The University shall provide information about drug counseling and rehabilitation services available through campus-based and community-based organizations. For information on this subject, contact any of the following three sources:

- Director of Student Development Center (located in the Student   Support Center)
- Coordinator of Substance Abuse Education and Prevention (located in   the University
  Union)
- Director of Human Resources.

Campus-based counseling is available through the Student Development Center. Persons who voluntarily avail themselves of University services for counseling and rehabilitation shall be assures that applicable professional standards of confidentiality will be observed.

4.   Prosecution and Disciplinary Proceedings.
All University employees must comply 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 Statues. (The North Carolina General Statues are available for review at the Reference Section of the University Library.) Any member of the University community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University. (Refer to Procedure HR 6.10 for further information on disciplinary action for SPA employees.) It is not "double jeopardy" for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The university will initiate its own disciplinary proceeding against the employee when the alleged conduct is deemed to affect the interests of the University.

5.   Penalties.
Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against UNCW employees as required by Section 603 of the University Code, by Board of Governors policies applicable to other employees exempt from the State Personnel Act, and by regulations of the State Personnel Commission. (Section 603 of the University Code, which sets forth disciplinary processes for faculty members, may be reviewed at the Reference Section of the University Library.) 

The penalties to be imposed by the University may range from written warnings with probationary status to discharges from employment. (See Procedure HR 6.10.) However, the following minimum penalties shall be imposed for the particular offenses described.

a.   Trafficking in Illegal Drugs

(1)   For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, North Carolina General Statutes 90-89, or Schedule II, North Carolina General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), the employee shall be discharged.

(2)    For a first offense involving the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver. of any controlled substance identified in Schedules III through VI, North Carolina General Statutes 90-91 through 90-94 (including, but not limited to, marijuana, pentobarbital, codeine), the minimum penalty shall be suspension from employment for a period of at least one semester or its equivalent. For a second offense, the employee shall be discharged.

b.   Illegal Possession of Drugs.

(1)    For a first offense involving the illegal possession of any controlled substance identified in Schedule I, North Carolina General Statues 90-89, or Schedule II, North Carolina General Statutes 90-90, the minimum penalty shall be suspension from employment for a period of at least one semester or its equivalent.

(2)    For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, North Carolina General Statutes 90-91 through 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree 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 the terms of probation shall result in suspension from employment for any unexpired balance of the prescribed period of probation.

(3)    For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including discharge of the employee.

6.   Suspension Pending Final Disposition.
When a faculty member, administrator, or other employee has been charged by the University with a violation of policies concerning illegal drugs, he or she may be suspended from employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the Chancellor (or the Chancellor's designee in the Chancellor's absence) concludes that the person's continued presence within the University community would constitute a clear and immediate danger to the health or welfare of other members of the University community; provided tat, if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.