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The text that follows is an excerpt from the policy. The full text of the UCSB Substance Abuse Policy can be found at http://www.policy.ucsb.edu/vcas/personnel/SubstanceAbuse2004.pdf
- Employees and students are prohibited from the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and/or alcohol in the workplace, on University premises, at University activities, or while conducting University business.
- Employees and students shall not use illegal substances and shall not abuse legal substances in a manner that impairs job performance, scholarly activities, or student life.
- Employees directly or indirectly involved in work on or for a federal grant or contract are required, as a condition of employment on the grant or contract, to notify the University within five (5) calendar days if they are convicted of any criminal drug statute violation for activity occurring at the workplace, at the location of any grant/contract activity, or while on University business.
The term "substances" includes both illegal and legal substances:
- Illegal substances are those controlled substances (narcotics, barbiturates, amphetamines, cocaine, cannabis, hallucinogens, and synthetic drugs) listed in the Federal Controlled Substances Act.
- Legal substances are:
- Alcoholic beverages,
- Tobacco products,
- Controlled substances as listed in the Federal Controlled Substances Act that are prescribed or administered by a licensed physician or health-care professional or are purchased and used for approved scientific research,
- Over-the-counter drugs and products.
Substance abuse may result in serious health problems, or even sudden death, which in the case of some drugs (e.g., cocaine) can occur after first-time use. The following is a partial list of other potential health risks:
Acute problems
Heart attack
Stroke
Long-lasting effects
Disruption of normal heart rhythm
High blood pressure
Destruction of brain cells
Permanent memory loss
Infertility and impotency
Immune system impairment
Kidney failure
Cirrhosis of the liver
Pulmonary damage
Drug use during pregnancy may result in fetal damage and birth defects causing hyperactivity, neurological abnormalities, and developmental difficulties. For more information on health risks, students may contact the UCSB Alcohol and Other Drugs Program and employees may contact the Academic and Staff Assistance Program.
Employees and students are encouraged to voluntarily seek assistance for substance abuse and dependency problems. Supervisors may also refer individuals with substance abuse problems to campus counseling services. UCSB offers the following programs:
- Employees-Academic and Staff Assistance Program (ASAP) counselors help identify community treatment programs.
- Students-Counselors from Student Health Alcohol and Other Drugs Program and from Counseling and Career Services offer short-term counseling and referral.
Information obtained during these counseling sessions is confidential and will not be released without the written consent of the employee or student except as authorized or required by federal or state law.
Employees may use approved vacation or sick leave, or may request leaves of absence, to seek assistance for drug- and alcohol-related problems.
When an employee's job performance appears impaired from the use of an illegal substance or abuse of a legal substance, including alcohol, the supervisor must take appropriate action, which may include referral to ASAP, corrective action, or UCSB Police Department intervention. Supervisors are encouraged to seek assistance from their department head, Human Resources (Labor and Employee Relations or ASAP) or Academic Personnel.
Employees found to be in violation of the UCSB substance abuse policy may be subject to corrective action, up to and including dismissal, and/or referral for prosecution. An employee may also be required to participate in an approved counseling or treatment program.
If an employee is directly or indirectly involved in work on a federal grant or contract and is convicted of violating any criminal drug statute for activity occurring in the workplace or while on University business, the following provisions apply:
- The employee must notify his or her supervisor within five (5) calendar days of the conviction. Failure to do so may result in corrective action, up to and including dismissal.
- A supervisor who is aware that an employee has been convicted must immediately report the conviction to the UCSB Office of Research.
- The Office of Research will in turn report the conviction to the federal agency administering the contract or grant within ten (10) calendar days of receiving notice of a conviction.
- The employing department is required by law to do one of the following within thirty (30) days of notification of the conviction:
- a. Take appropriate personnel action, up to and including termination, or
- Require the employee to participate satisfactorily in a substance abuse program.
All students are accountable to the University discipline provisions of the Campus Regulations Applying to Campus Activities, Organizations, and Students.
Students found guilty of violating the UCSB policy on substance abuse are subject to disciplinary sanctions, up to and including suspension or dismissal, and/or referral for prosecution. A student may also be required to participate in an approved counseling or treatment program.
The list below does not include all applicable laws; moreover, laws may change over time. Individuals are expected to be aware of current federal, state, and local laws. For more information on the state and federal laws governing controlled substances, see the UCSB Police Department Web Page at http://police.ucsb.edu, or call 893-3446.
- Manufacture, possession, possession for sale, sale, or distribution is illegal
(Health and Safety Code sections 11350, 11351, 11352, 11377, 11378, 11379, 11379.6).
Possession of drug paraphernalia is illegal (Health and Safety Code section 11364).
All are felony-classified crimes with a possible $10,000 fine per violation and/or a state prison sentence.
- The convicted party can be precluded from all federal and/or state monetary benefits.
- The convicted party, if not a U.S. citizen, can be deported and excluded from re-entry to the United States.
- The convicted party's personal property traceable to the crime is subject to forfeiture.
- Cultivation, possession for sale, or sale is a felony and may result in a prison sentence and fine
(Health and Safety Code sections11358, 11359, 11360).
- Possession of less than one ounce is a misdemeanor punishable with up to one year in county jail
and/or up to $1000 in fines (Health and Safety Code section 11357(b)).
- If found possessing in a vehicle, an additional one year driver's license suspension can be sentenced
(Vehicle Code section 23222(b)).
- Possession of marijuana paraphernalia is a misdemeanor violation, which may result in a fine of $108 for
the first conviction (Santa Barbara County Ordinance section 13A-3).
- Driving under the influence with a blood alcohol content (BAC) level of .08 or higher or driving under
the influence of a drug or combination of both is a misdemeanor with possible fines of upwards of $7,000,
county prison sentence, and driver's license suspension (California Vehicle Code sections 23152 (a) & (b)).
- Drivers under 21 with a BAC of .01 or higher can have their vehicles towed and driver's license suspended,
and be sentenced to not less than 96 hours in jail nor more than six months, and completion of an alcohol program
and three years probation (California Vehicle Code sections 23136 and 23140).
- Bicycling under the influence (.08 BAC or higher) can result in jail sentencing and a $250 fine.
Riders under 21 may also lose their driver's license for one year (California Vehicle Code section 21200.5).
- Any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years
who consumes any alcoholic beverage in any on-sale premises (e.g., bar or licensed club or restaurant) is guilty of a
misdemeanor (California Business and Professions Code section 25658(a)).
- Selling alcohol without a license is a misdemeanor (California Business and Professions Code section 23301).
- Possession of alcohol by anyone under 21 on a street, highway, or place open to public view can result in a citation,
mandatory court appearance, driver's license suspension, fines up to $650, and proof of completion of a Youth Offender
Program (California Business and Professions Code section 25662).
- Attempting to purchase alcohol using false identification can result in jail time and a minimum fine of $200
(California Business and Professions Code section 25661).
- Public intoxication is a misdemeanor offense and can result in jail time and a fine (California Penal Code section 647(f)).
- Selling or furnishing alcohol to a person under 21 or to an obviously intoxicated person is a misdemeanor
(California Business and Professions Code section 25658).
- Possession of an open container of alcohol on public streets, sidewalks, highways, parking lots or alleys can
result in a $108 fine, plus a $125 to the Victim's Relief Fund for a first conviction
(Santa Barbara County Ordinance section 36-3 SBCO).
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