University of Pittsburgh Drug-Free Schools Annual Notification

University of Pittsburgh Drug-Free Schools Annual Notification

To implement its commitment to provide a drug-free environment for its students, faculty, and staff, the University of Pittsburgh prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on University property or as part of any University activity. Faculty, staff, and students of the University must also comply with Commonwealth of Pennsylvania law on the possession and con­sumption of alcohol and other drugs. Any University employee paid from federally funded grants or contracts, or any student participating in any feder­ally funded or guaranteed Student Loan Program, must noti­fy the University of any criminal drug statute conviction for a violation occurring at the University or while engaged in University activities. Upon request, the Vice Chancellor for Human Resources must provide a copy of this notification to the Secretary of Education and members of the general public.

Drug-Free Schools and Communities Act of 1989

The Drug-Free Schools and Communities Act requires that, as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education, state educational agency, or local edu­cational agency must certify that it has adopted and imple­mented a program to prevent the possession, use, or distrib­ution of illicit drugs and alcohol by students and employees. As set forth in the statute, the University of Pittsburgh’s program is required to provide at a minimum:

a.   An annual distribution, in writing, to each employee and student (regardless of the length of the student’s program of study), including:

i.    Standards of conduct that clearly prohibit, at a mini­mum, unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its prop­erty or as part of any of its activities
ii.   A description of applicable legal sanctions under local, state, or federal law
iii. A description of health risks associated with the use of illicit drugs and the abuse of alcohol
iv. A description of available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs
v.   A clear statement of the disciplinary sanctions that the University may impose on students and employees

b.   A biennial review by the University of its programs to deter­mine the program’s effectiveness, implement needed changes, and help ensure that disciplinary sanctions are consistently enforced.

Student Sanctions – Alcohol and Drugs

Students charged under the Student Code of Conduct (Code) for the possession and/or consumption of alcohol or drugs will face disciplinary sanctions including, but not limited to, disciplinary reprimand, educational programs, community service, housing probation, disciplinary probation, and fines. A notification will be sent to the parent(s) or legal guardian(s) of students who are under the age of 21 that are found to be responsible for violating the University’s alcohol and/or drug policies.

Students whose use of alcohol or drugs that results in harm or the threat of harm to themselves or others, or to property, whether on or off campus, may face disciplinary action by the University up to and including dismissal. An accumulation of violations may lead to disciplinary suspension, or even dismissal, when appropriate.

As members of the University community, students are also subject to city ordinances and to state and federal law. Arrest and prosecution for alleged violations of criminal law or city ordinances may result from an incident that may also violate the University’s Code of Conduct, and thus, there may be times when a student must address alleged violations through both the criminal and University processes.

Commonly Imposed Sanctions For Code of Conduct Alcohol or Drug Violations:

Medical Amnesty

The University of Pittsburgh’s primary concern is for the health, safety, and well-being of Students. Failure to summon, or limiting the ability of someone else to summon, emergency assistance for a Student experiencing an emergency due to alcohol or drug use, may result in University and/or criminal charges. All Students are expected to seek immediate assistance for themselves or others in situations where someone is experiencing an emergency due to alcohol or other drug use.
 
Scope:

1.  Medical Amnesty applies when the allegations under the Code of Conduct involve consumption or possession of alcohol or other drugs or knowingly present violations related to consumption or possession of alcohol or other drugs.
2.  Medical Amnesty eliminates responsibility for Code Violations outlined above for the caller and/or the individual experiencing the medical emergency.
3.  Medical Amnesty mitigates University conduct consequences for Registered Student Organizations that call for emergency assistance.

Medical Amnesty does not prevent disciplinary action for other Violations of the Code, including, but not limited to, unlawful distribution of alcohol or other drugs, harassment, hazing, possessing or using false identification, causing or threatening physical harm, sexual misconduct, or damage to property.

Medical Amnesty Process

In order for Medical Amnesty to apply to the caller, the caller must complete the following steps:

1. Contact appropriate University or emergency officials, identify themselves and report the incident.
2. Remain with the individual(s) needing assistance until emergency officials arrive.
3. Cooperate with University and emergency officials as requested.
4. Complete all assigned programs or interventions within the designated time frame.
5. Notify the Office of Student Conduct that all steps have been completed. Medical Amnesty may not apply until verification of completion has occurred.

In order for Medical Amnesty to apply to the individual who experienced the medical emergency, this individual must complete the following steps:

1. Cooperate with University and emergency officials as requested.
2. Complete all assigned programs or interventions within the designated time frame.
3. Notify the Office of Student Conduct that all steps have been completed. Medical Amnesty may not apply until verification of completion has occurred.

Even when Medical Amnesty applies, the University and/or the Student may need to disclose information regarding the application of Medical Amnesty, including but not limited to study abroad programs, potential employers, professional governing bodies (ex. Bars or Medical Boards), or another University through an admissions process. While the main goal of Medical Amnesty is to encourage Students to make healthy decisions and to seek medical attention when they or one of their peers are in distress, repeated requests for Medical Amnesty will be addressed on a case-by-case basis.

Application of Medical Amnesty by the University does not prevent criminal action by police or civil action by third parties. Commonwealth of Pennsylvania drug and alcohol Good Samaritan and Response Immunity laws may be applicable.

Social Impact

The misuse of alcohol and other substances is a public health issue that poses serious risks and consequences that can impact the individual, relationships, employers, and society in general. Substance misuse can affect anyone, regardless of age, race, gender, socio-economic status, or occupation. Over 1,800 college students between the ages of 18 and 24 die from unintentional alcohol-related injuries each year. Substance misuse is also associated with a decrease in educational outcomes, including academic problems, such as lower grades, and reduced graduation rates. Among students, substance misuse can also be associated with the increased risk of injury, violence, and legal issues.

Alcohol and marijuana continue to be choice substances among college students nationally. Of full-time college students, 5.9% percent reported daily or near daily marijuana use, per the National Institute on Drug Abuse. According to the National Institute on Alcohol Abuse and Alcoholism, nearly 55% of college students reported consuming alcohol in the past month and more than 1 out of 3 had engaged in binge drinking at least once during that timeframe.

Health Effects

Substance use can contribute to a number of problems, including negative impacts on health and well-being. These can include both short-term and long-term effects, as well as direct and indirect effects. Possible impacts may include, but are not limited to, developing a substance use disorder, organ damage, increased risk of accidents or injury, triggering or worsening psychiatric conditions, and health complications from using substances together or combined with other medications.

There are different classifications and types of substances, and they can have different impacts on the body, brain, and behavior. Please refer to the chart to learn more about the possible short- and long-term effects of substance use.

Misusing substances poses potential risks including:

Information in this chart was adapted from The National Institute of Health: National Institute on Drug Abuse (https://www.drugabuse.gov/drugs-abuse/commonly-abused-drugs-charts) and The National Institute of Alcohol Abuse and Alcoholism (https://www.niaaa.nih.gov/).

To review a comprehensive list of information relating to the long and short term impacts of specific substances, please visit the National Institute of Health: National Institute on Drug Abuse:  https://www.drugabuse.gov/drugs-abuse/commonly-abused-drugs-charts.
 
For more information on the effects of substance use, please visit the Drug Enforcement Agency website at https://www.dea.gov/factsheets.

 For more information about Fentanyl and its effects, please visit the Drug Enforcement Agency website: https://www.drugabuse.gov/drug-topics/fentanyl

In addition to complying with local, state and federal statutes and regulations, the University has a desire to identify and control, to the extent possible, environmental factors that influence the health and safety of members of the academic community. These factors include efforts to prevent and minimize possible problems related to alcohol and other substance use.

Prevention and Education

The University provides employees and students with resources and programs that focus on the risks of alcohol and other substance use. The University also provides programs that serve as sanctions that may follow when an alcohol or drug policy or law violation occurs. The University also distributes literature informing employees of the dangers of substance misuse in the workplace, and provides information on available services, including counseling, rehabilitation, and employee assistance programs.

The applicable legal sanctions under federal, state, and/or local laws include, but are not limited to, a monetary fine, suspension of driver’s license, imprisonment, community service, counseling/treatment, and/or completion of a mandatory education program.

Alcohol and other substance programs on the University of Pittsburgh campus are delivered through three levels of prevention programming: primary, secondary, and tertiary prevention.

• Primary prevention is directed towards the entire campus population regardless of their decision to use or not use alcohol or other substances. These University programs incorporate materials on responsible decision-making and lifestyle choices. Efforts are directed toward creating a supportive campus environment and establishing social norms that encourage employees and students to not use illicit substances, and to use alcohol in a legal and responsible manner. Additionally, these programs are aimed at preventing the misuse of substances.
• Secondary prevention is designed to identify and assist employees and students who exhibit possible problematic substance use and who are suitable for brief intervention strategies.
• Tertiary prevention is focused on assisting employees and students who may have a substance use concern and includes aiding these individuals in their treatment, relapse prevention, recovery, and maintaining recovery.

Program Administration

For further information regarding the Drug-Free Workplace/Drug-Free Schools Policy contact:

University of Pittsburgh at Titusville

     Office of Human Resources                               814-362-0251
     Office of the Education and Training Hub       814-827-4509

Information and Assistance for Alcohol or Drug Abuse

An important step in overcoming any problem is to know where to turn for assistance.  Information, counseling, and treatment for alcohol or drug problems are available through resources in the community and costs may be covered by health care benefits. Here are some of the resources include:

Family Service & Children’s Aid Society of Venango County119 East Mechanic Street, Suite A
Titusville, PA 16354
814-827-3472

Crawford County Drug & Alcohol Executive Commission, Inc.
814-724-4100

Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are enforced for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction. For more information on Federal Drug Laws, please visit the Drug Enforcement Agency website using the following links:

DEA Controlled Substances Act: https://www.dea.gov/drug-information/csa

DEA Drug Scheduling: https://www.dea.gov/drug-information/drug-scheduling

Denial of Federal Aid (20 USC 1091)

Under the Higher Education Act of 1998, students convicted under federal or state law for the sale or possession of drugs may have their federal financial aid eligibility suspended. This includes all federal grants, loans, federal work study programs, and more. Students convicted of drug possession will be ineligible for one year from the date of the conviction of the first offense, two years for the second offense, and indefinitely for the third offense. Students convicted of selling drugs will be ineligible for two years from the date of the first conviction, and indefinitely for the second offense. Those who lose eligibility may regain eligibility by successfully completing an approved drug rehabilitation program.

Forfeiture of Personal Property and Real Estate (21 USC 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 USC 841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.

• If death or serious bodily injury result from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces mandatory life sentence and fines ranging up to $8 million.
• Persons convicted on federal charges of drug trafficking within 1,000 feet of a University (21 USC 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

For more information regarding drug trafficking penalties, please visit the Drug Enforcement Agency website at https://www.dea.gov/drug-information

Federal Drug Possession Penalties (21 USC 844)

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000. Possession of drug paraphernalia is punishable by a minimum fine of $750.

Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than 5 years but not more than 20 years and a fine up to $250,000, or both if:

1. It is a first conviction and the amount of crack possessed exceeds 5 grams;
2. It is a second conviction and the amount of crack possessed exceeds 3 grams;
3. It is a third or subsequent crack conviction and the amount exceeds 1 gram.

Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued.

University Alcohol Policy (CS24)

Employees, students, and agents of the University must fully comply with all laws of the Commonwealth of Pennsylvania, including those regarding the possession and consumption of alcohol on University property.

The following are specific provisions:

• No one may provide alcohol to a person under the age of 21 or to anyone visibly intoxicated.
• No one may permit the possession or consumption of alcohol by a person under the age of 21 or by anyone visibly intoxicated.
• No one under the age of 21 may occupy licensed premises where alcohol is served, unless under supervision.
• No one under the age of 18 may dispense alcoholic beverages.
• At any University function, the host is the most senior official present from the school, department, or other segment of the University sponsoring the function. The host is responsible for ensuring that Pennsylvania law relating to alcoholic beverages is strictly observed and is responsible for compliance with these guidelines.

Commonly Cited Pennsylvania Alcohol and Drug Penalties

For information regarding Driving Under the Influence, please see the Department of Motor Vehicles website at https://www.dmv.pa.gov/Information-Centers/Laws-Regulations/Pages/DUI-Legislation.aspx

The Drug-Free Workplace/Drug-Free Schools Policy and Procedure (CS 04) can be found on the Policy Development and Management website.

A PDF of this notification is also available online at www.hr.pitt.edu/drugfree.