FWDC     #2

                                                          SENATE   #0587F

                                                          Approved 5/18/87







                      DRUG ABUSE AND CONTROLLED SUBSTANCE POLICY



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           I. STATEMENT OF PURPOSE



           Since North Carolina and federal law regulates the use,

           possession, sale, delivery, manufacture, and creation of certain

           controlled substances, the development of campus policies which

           protect the health and welfare of members of the university

           community is therefore an important responsibility of the

           institution.  Since the primary purpose of the University of

           North Carolina at Asheville is educational, institutional

           policies, practices, and regulations, including those related to

           controlled substances as described by current law, should form

           the basis for a responsible approach to the prevention of drug

           abuse by preserving an environment compatible with academic

           endeavors.  The illegal use of drugs by members of the academic

           community adversely affects the educational environment.





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           II.  Education, Prevention and Rehabilitation



           Just as the primary purpose of UNCA is education, so also the

           University's major effort to address illegal drug use and abuse

           problems is educational in nature.  UNCA has available a

           comprehensive drug education program available to all members of

           the academic community (students, faculty, administration and

           staff).  This program is the responsibility of the Division of

           Student Affairs and the activities of the program center around

           a Drug and Alcohol Education Task Force composed of participants

           from all components of the academic community.  The Task Force

           is responsible for developing and coordinating an annual program

           available to all members of the academic community with

           activities that include the following:



                a.  An ongoing educational campaign informing members 

                    of the academic community about the health hazards

                    associated with drug abuse.



                b.  A commitment to the concept of the incompatibility

                    of drug abuse and maximum achievement of personal

                    and educational goals.



                c.  An active effort to encourage members of the campus

                    community to make use of the available campus and

                    community counseling, medical and rehabilitation

                    resources in dealing with drug abuse problems.



                d.  A commitment to informing members of the academic

                    community that they also may be subject to criminal







                    prosecution for violating state laws relating to

                    controlled substance, use, possession, delivery, sale,

                    manufacture or creation.



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           III.  Prohibited Conduct



           Any member of the academic community who, in violation of

           pertinent state or federal laws, possesses, sells, delivers,

           manufactures, or creates a controlled substance within the

           academic community, thereby violates University policy.

           Students and employees who violate this University policy are

           subject to disciplinary action by the University, in addition to

           any pertinent criminal penalties in which they may be liable.

           Status as a student or employee of the University in no way

           insulates a law breaker from criminal prosecution and

           punishment.  The constitutional concept of "double jeopardy"

           does not prevent both state prosecution and University

           punishment for conduct that violates both federal or state law

           and University policy.



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           IV.  Disciplinary Action



           All disciplinary action taken by the institution shall be in

           accordance with the following:



           1.  With regard to students, all disciplinary actions taken

           shall be in accordance with the procedures set forth in the

           Student Government Association Judicial Code of the University

           of North Carolina at Asheville.



           2.  With regard to SPA staff employees, all disciplinary actions

           taken shall be in accordance with specifically prescribed

           disciplinary procedures for employees subject to the State

           Personnel Act.



           3.  With regard to EPA non-faculty employees, all disciplinary

           actions taken shall be in accordance with procedures set forth

           in the University Personnel Policies for Designated Employees

           Exempt From the State Personnel Act, The University of North

           Carolina at Asheville.



           4.  With regard to faculty members, all disciplinary actions

           taken shall be in accordance with the procedures set forth

                           ___ _____ _____ __ _________ ___ __________ __

           specifically in THE CODE, BOARD OF GOVERNORS THE UNIVERSITY OF

           _____ ________

           NORTH CAROLINA, Chapter VI, Academic Freedom and Tenure, Section

           603, Due Process Before Discharge or the Imposition of Serious

                                                             ____ _______

           Sanctions and appropriate sections of the current UNCA Faculty

           ________

           Handbook.



           In all instances disciplinary proceedings and sanctions imposed

           shall be conducted in accordance with applicable requirements,

           of due process of law and consistent with any existing

           procedural requirements of state law or University policy.