Drug-free Institution Compliance

Standards of Conduct

By University regulations, by federal law, by state law, and, in some instances, by local ordinance, students, faculty, and staff are prohibited from the UNLAWFUL possession, use, dispensation, distribution or manufacture of alcohol and/or other drugs on University property, on University business, and/or at University-sponsored activities. Under University regulations, students, faculty and staff are required to abide by state laws concerning alcoholic beverages. Basically, Kentucky laws state that, if one is under the age of 21, it is unlawful to (1) possess or consume alcoholic beverages, or (2) misrepresent one’s age for the purpose of purchasing alcoholic beverages, or (3) use a fake I.D. in an attempt to purchase alcoholic beverages.

No matter what one’s age, Kentucky law states that it is unlawful to (1) procure any alcoholic beverages for anyone under 21 years of age or (2) drink or be drunk in a public place (University campuses and buildings are considered as public places for purposes of these laws). Ordinances of Morehead and Rowan County government basically parallel the state laws. No matter what one’s age, Morehead State University regulations prohibit the possession or consumption of alcohol except at events as pre-approved by the President and in accordance with state licensing requirements. Exhibition of intoxicated behavior on University property is strictly prohibited.
 
Any member of the University student body, faculty, or staff who violates these defined standards of conduct shall be subject to appropriate disciplinary action up to and including suspension and/or termination.

In addition, it is a violation of state law to operate a motor vehicle while under the influence of any substance which may impair one’s driving ability (alcoholic beverages and/or other drugs).

Sanctions

Under University regulations, students who violate this standard of conduct are subject to disciplinary action as outlined below. Faculty and staff are subject to disciplinary action ranging from a minimum of a warning to a maximum of termination from University employment. Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes the manufacture, sale, or possession with intent to sell), and whether or not multiple convictions are involved. Under Kentucky law, the most severe penalty for drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000 and/or a sentence of up to 10 years in the penitentiary; for subsequent offenses, the penalties may be doubled. Under federal law, for simple possession of a controlled substance, one may be imprisoned for up to one year and/or fined up to $1,000. For subsequent offenses, one may be imprisoned for up to three years and/or fined $5,000. For trafficking, one may be fined up to $20,000,000 and/or may be sentenced from 5 years in prison to life in prison, depending on the drug involved and prior convictions.

Under both state and federal laws, one may suffer the loss of whatever property (house, farm) or possessions (vehicle) which one may have used in the drug trade. Sanctions for violation of state alcohol laws vary from a fine of $10 to $2,000, a sentence of 48 hours to 12 months in jail, and/or suspension of one’s driver license.

Student sanctions for violation of the University's alcohol or drug policy are:

1. First violation:

• $50.00 Alcohol/Drug fine
• Probation
• Reflection paper or counseling assessment
• Parent/guardian notification by Assistant Vice President/Dean of Students in cases of dependent student
• Community service/restitution (to be completed as specified by a designated University official)
• Meet with designated University staff member(s) as appropriate on an individual basis

2. Second violation:

• $100 Alcohol/Drug Fine, and $100 drug and alcohol program fee
• Probation
• Reflection Paper
• Community service/restitution
• Parent/guardian notification by assistant vice president/dean of students in cases of dependent student
• Assessment/counseling with certified substance abuse counselor
• Loss of residence hall visitation privileges
• Meet with designated University staff member(s) as appropriate on an individual basis

3. Third violation:

• $200 Alcohol/Drug Fine, and $100 drug and alcohol program fee
• Parent/guardian notification by assistant vice president/dean of students in cases of dependent student
• Suspension, dismissal, probated suspension, or probated dismissal from residence hall or University

4. Continued violations:

• Fine amount as determined by assistant vice president/dean of students
• Parent/guardian notification by assistant vice president/dean of students in cases of dependent student
• Suspension or dismissal from the University

Note: Violation of any University policy or student conduct code constitutes a violation of probation. Each case will be heard on an individual basis.  Suspension/dismissal could occur on the first offense if violation so warrants.

Notice of Drug-Related Convictions

In compliance with the Federal Drug-Free Workplace Act of 1988, ANY employee shall notify the immediate supervisor if the employee is convicted of a criminal drug offense occurring in the workplace or while on University business within five days of the conviction. The University shall take appropriate sanctions and remedies in accordance with its policy. The provisions of this section are applicable to students who are employees of the University. If the employee is under a federal contract or grant, the University shall notify the contracting or granting agency of the conviction and of its actions. This section of this policy is also applicable to students who receive a Pell Grant (federal grant).

Health Risks

The scope and impact of the health risks from alcohol and/or other drug abuse are both alarming and well documented, ranging from mood-altering to life-threatening, with consequences that extend beyond the individual to family, organizations and society at large. Morehead State University, therefore, conducts regular programs to educate its students, faculty and staff that consumption and use of drugs may alter behavior, distort perception, impair thinking, impede judgment, and lead to physical or psychological dependence. Alcohol and/or other drug abuse may lead to the deterioration of physical health by causing or contributing to various health conditions including but not limited to fatigue, nausea, personal injury, insomnia, pathological organ damage, some forms of cancer, pancreatitis, heart attack, respiratory depression, birth defects, convulsions, coma, and even death. Alcohol and drug abuse may also result in deterioration of mental health by causing or contributing to various conditions such as increased aggression, hallucinations, depression, disorientation, and psychosis.

Training and Counseling Resources

Continuous efforts are made to make students, faculty and staff aware of the on-campus and off-campus programs which provide information and professional services on matters related to the abuse of alcohol and/or other drugs. Lists of sources for information and counseling for students are published by the Office of Student Affairs and distributed to the campus community. Students are encouraged to contact Counseling and Health Services (112 Allie Young Hall, 783-2024 or 783-2123) for information and appropriate referral. Counseling is provided by a substance abuse prevention and treatment counselor and other professional staff within CHS. For faculty and staff, the Office of Human Resources (101 HM, 783- 2097) provides information as to resources available to employees. Other counseling, treatment, and rehabilitation services are available in the community. Pathways, Inc. (784-4161) and St. Claire Healthcare Counseling (783-6805) offer both counseling and referral to residential treatment. Other services are available and may be located by looking in the local telephone directory yellow pages under “Alcohol Abuse and Addiction—Information and Treatment.” Local support groups of AA, Al-Anon, and NA meet regularly in the community. Information regarding support groups can be obtained from CHS (112 Allie Young Hall, 783- 2123).

Policy Review

This statement of compliance and any revisions shall be distributed annually to students and employees. Copies of compliance are maintained by the Dean of Students of the Office of Counseling & Health Services. Distribution shall be a joint responsibility of the Offices of Student Affairs and Human Resources.

Biennial Review

The Vice President for Student Affairs, the Director of Human Resources, and the General Counsel shall review and interpret regulations and procedures relevant to the compliance. These three administrators shall jointly be responsible for maintaining records of the biennial review. The president’s executive cabinet will approve recommended changes in the statement of compliance.