Illegal Drugs and Substance Abuse

1. Introduction

East Carolina University (ECU or the University) is dedicated to the pursuit and dissemination of knowledge and, as such, expects all members of the academic community to behave in a manner conducive to that end.

The highest standards of personal and professional conduct must be maintained by faculty, staff, and students. Illegal or abusive use of drugs or alcohol, referred to in this regulation as substance use, by members of the University community adversely affects the mission of the University and is prohibited. For example, pursuant to other applicable University policies and regulations, students accused of felony drug violations may lose their right to remain in campus residence halls, and employees with certain job functions may be subject to reasonable suspicion drug and alcohol testing. The definitions of “drug” and “controlled substance” for the purposes of this regulation are derived from N.C. Gen Stat. § 90-86 et. seq. (North Carolina Controlled Substances Act) and the definition of “alcohol” (or “alcoholic beverage”) is derived from N.C. Gen Stat. § 18B-100 et. seq. (Regulation of Alcoholic Beverages).

Accordingly, this regulation is intended to accomplish the following:

• 1.1 prevent the misuse of substances through a strong educational effort;
• 1.2 encourage and facilitate the use of counseling services and rehabilitation programs by those members of the academic community who require assistance in ceasing substance misuse or substance use disorder related behavior; and
• 1.3 discipline appropriately those members of the academic community who engage in illegal drug or alcohol-related behaviors.

2. Educational Efforts to Prevent Substance Misuse and Disorder

In keeping with its primary mission of education, East Carolina University will conduct a strong educational program aimed at preventing substance misuse and illegal drug or alcohol use.
Educational efforts shall be directed toward all members of the university community and will include:

• 2.1 information about the incompatibility of the possession, use, or sale of illegal substances with the goals of East Carolina University;
• 2.2 the health hazards associated with illegal drug or alcohol use;
• 2.3 the incompatibility of substance use with the maximum achievement of educational, career, and other personal goals;
• 2.4 the medical implications and health risks associated with alcohol and illegal drug use; and
• 2.5 the potential legal consequences of involvement with illegal drugs or alcohol.

3. Counseling and Rehabilitation Services to Address Substance Misuse and Disorder

Those faculty, staff, or students who seek assistance with a substance-related concern shall be provided with information about drug counseling and rehabilitation services available through East Carolina University as well as through community organizations. Those who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.

• 3.1 Student Alcohol and Drug Treatment. For students who may experience an alcohol or substance use concern while enrolled at the University, counseling is available. Students may call the Center for Counseling and Student Development at (252) 328-6661 for services and referrals.
• 3.2 Employee Alcohol and Drug Treatment. For employees who may experience an alcohol or substance use concern while employed at the University, the University’s Faculty and Staff Assistance Program (FASAP) is available. Employees may call the Department for People Operations, Success, and Opportunity (POSO) for more information regarding the FASAP.

4. Enforcement and Penalties Related to Unlawful Drug Possession and Use or Distribution of Illegal Drugs and/or Alcohol

• 4.1 Students, faculty members, administrators, and other employees are responsible, as citizens, for knowing about and complying 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 Statutes. It is expected that ECU students, faculty members, administrators and other employees who use or possess controlled substances, including alcoholic beverages, will do so as legally prescribed by the laws of the State of North Carolina, within the regulations of ECU, and in a manner which does not disrupt the lives of others. A person whose conduct is outside these parameters may be subject to prosecution and punishment by judicial or local authorities and to disciplinary proceedings of the university.
  • 4.1.1 It is not “double jeopardy” for both the civil authorities and the University to proceed against and discipline a person for the same specified conduct. The University will initiate its own disciplinary proceedings against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the University.
• 4.2 Penalties will be imposed by the University in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by ECU’s Policy on Faculty Appellate Provisions (Implementing Processes for Sections 603,604, 605, and 607 of The Code), by Board of Governors’ policies applicable to employees exempt from the State Human Resources Act, by the East Carolina University Student Conduct Process, and by regulations of the Office of State Human Resources.
• 4.3 Penalties to be imposed by the University will vary depending upon the nature and seriousness of the offense and may include a range of disciplinary actions including written warnings to expulsions from enrollment for students. Penalties to be imposed by the University will vary depending upon the nature and seriousness of the offense and may include a range of disciplinary actions including discharge (or other separation) from employment for employees. The University may also refer matters to law enforcement for prosecution.
  • 4.3.1 For second or other subsequent offenses involving illegal drugs or alcohol, progressively more severe penalties shall be imposed.
  • 4.3.2 When considering appropriate sanctions for students found responsible for an offense involving illegal drugs or alcohol, the University will sanction consistent with, and through the procedures outlined in, the Student Code of Conduct, which is referenced in the related policies section, above.
  • 4.3.3 When considering appropriate disciplinary action for employees found responsible for a violation of this policy, the University will consider the relationship between the offense and the employee’s position and job performance, including assessment of the nature and gravity of the offense or conduct, the time that has passed since the offense or conduct, and the nature of the job held. The penalties to be imposed by the University may range from written warnings to discharge (or other separation) from employment.
• 4.4 A student, faculty member, administrator or other employee found to have violated applicable law or University policies concerning illegal drugs or substance use may be required 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 such conditions and restrictions may result in additional disciplinary action, up to and including expulsion from enrollment and discharge (or other separation) from employment.
• 4.5 Suspension. When a student, faculty member, administrator, or other employee has been charged by the University with a violation of this regulation in accordance with the Student Code of Conduct or the policies/regulations that apply to that particular employee, they may be suspended from enrollment or removed from work before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the chancellor, or the chancellor’s designee 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.
  • 4.5.1 If such a suspension or removal from work is imposed on an employee, it is with full pay until the time of an appropriate opportunity to be heard on the alleged charges against the suspended person, which shall be held as promptly as possible thereafter.
  • 4.5.2 The University’s capacity to suspend or remove an employee from work under this section depends on the employment category of the employee (SHRA, Faculty, EPS, etc.).
• 4.6 Notification by Employees. In the case of employees, anyone convicted of a criminal drug statute violation shall notify the University no later than five (5) business days after such conviction. The University should commence with appropriate disciplinary action proceedings against such an individual within thirty business (30) days of notice of conviction.
  • 4.6.1 Failure to notify the University by employees may result in disciplinary action upon discovery by the University of said conviction.

5. Responsibilities Under This Policy

• 5.1 All employees and students shall be responsible for abiding by the provisions of this policy. In the case of employees, adherence with the provisions of the policy shall be a condition of employment. Students and employees are encouraged to report illegal controlled substance abuse to ECU Cares to provide the individual of concern access to essential resources.
• 5.2 Pursuant to the authority vested by the Chancellor, the University Well-Being Collective is responsible for educational programs and consultations relating to this regulation. The chancellor will render a biannual report to the Board of Trustees on the effectiveness of this regulation, which is consistent with the Biennial Review Report.
• 5.3 As required by the Drug-Free Workplace Act of 1988, the Drug Free Schools and Communities Act Amendments of 1989 and applicable UNC System policy, the University Well-Being Collective will conduct a Biennial Review of the effectiveness of its educational programs regarding illegal drugs and the consistency of sanction enforcement and maintain the results of these reviews. This Biennial Review Report will be presented to the Chancellor and Vice Chancellor of Students Affairs, biennially for review. The Biennial Review Report will be accessible online along with the most up to date version of the University’s Drug and Alcohol Abuse Prevention Program (DAAPP).

6. Dissemination of This Policy

The DAAPP is made available at new employee orientation and is disseminated yearly to all employees via e-mail in the fall semester. All enrolled students are sent the DAAPP for review annually via e-mail in the fall semester and newly admitted or readmitted students in the spring semester via ECU email. The policy shall be printed in the University catalogues and other materials prepared for all enrolled and prospective students and materials distributed to faculty and staff.