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Drug
and Alcohol Abuse Policy
The following is an excerpt of the Lamar State College-Orange Drug and
Alcohol Abuse Policy. Any employee, student, or contractor of the college
may request a copy of the Drug and Alcohol Abuse Policy in its entirety
from the Human Resources Department.
1.
Purpose
1.1 Based on its commitment to assure the safety and health of its students
and employees, Lamar State College-Orange seeks to maintain work and learning
environments free of the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance or alcohol. Drug and alcohol
abuse affects the responsible conduct of business, teaching, and learning
and therefore will not be tolerated. This principle extends to conduct
off campus which is likely to have an adverse effect on the college or
on the educational process (Texas State University System, Rules and Regulations,
Ch. VI, Amended May 1, 1998).
1.2 This policy is based on the following objectives:
(1) to maintain a safe and healthy environment for all students and employees;
(2) to maintain the good reputation of the college and its employees;
(3) to minimize accidental injuries to persons or property;
(4) to keep absenteeism and tardiness at a minimum and to improve the effective performance of job duties and productivity of all employees and the educational performance of all students;
(5) in appropriate circumstances, to assist students and employees in securing substance abuse rehabilitation;
(6) to comply with the federal Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and other applicable legislation; and
(7) to adopt and implement a program to prevent use of illicit drugs and abuse of alcohol by students and employees.
1.3 This policy shall be in addition to any drug abuse policy or policies relating to participation in intercollegiate athletics.
2. Definitions
As used in this policy, the following definitions apply:
2.1 "Drugs or other controlled substances" means any substance,
other than alcohol, capable of altering an individual's mood, perception,
pain level or judgment.
2.11 A "prescribed drug" is any substance prescribed for individual
consumption by a licensed medical practitioner. It includes prescribed
drugs and over-the-counter drugs which have been legally obtained and
are being used for the purpose for which they were prescribed or manufactured.
2.12 An "illicit drug" or chemical substance is (a) any drug
or chemical substance, the use, sale or possession of which is illegal
under any state or federal law; or (b) one which is legally obtainable
but has notbeen legally
obtained. The term includes prescribed drugs not legally obtained and
prescribed drugs not being used for prescribed purposes.
2.13 The term "controlled substance" means a controlled substance
in schedules I through V of Section 202 of the Controlled Substance Act
(21 U.S.C.S. 812) of which possession, sale or delivery results in criminal
sanctions under the Texas Controlled Substances Act (Art. 4476-15, TCS).
In general, this includes all prescription drugs, as well as those substances
for which there is no generally accepted medicinal use (e.g., heroin,
LSD, marijuana, etc.), and substances which possess a chemical structure
similar to that of the controlled substance (e.g., "Designer Drugs").
The term does not include alcohol.
2.2 "Alcohol" refers to any beverage that is "alcohol,
or any beverage containing more than one-half of one percent of alcohol
by volume, which is capable of use for beverage purposes, either alone
or when diluted."
2.3 "Alcohol abuse" means the excessive use of alcohol in a
manner that interferes with (1) physical or psychological functioning,
(2) social adaptation, (3) educational performance, or (4) occupational
functioning.
2.4 The term "conviction" means a finding of guilt (including
a plea of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine violations
of the federal or state criminal drug statutes. (See 9.5 of the Drug and
Alcohol Abuse Policy, Human Resource Department, for time limitations
on reporting such convictions.)
2.5 "Cause for reasonable suspicion" shall be established by
(a) observation, (b) action/behaviors of the individual, (c) witness by
supervisor or other reliable individual of possession or use, or (d) any
other legal measure used for alcohol or drug detection.
2.6 The term "criminal drug statute" means a criminal statute
involving manufacture, distribution, dispensation, use, or possession
of any controlled substance.
2.7 "Sanctions" should include satisfactory completion of an
appropriate rehabilitation or assistance program. If an employee has been
convicted of a criminal drug statute, sanctions must be imposed within
30 days.
2.8 "Intoxication" is defined as the state of having an alcohol
concentration of 0.10 or more, or the state of not having the normal use
of mental or physical faculties resulting from the voluntary introduction
into the body of an alcoholic beverage, a controlled substance or controlled
substance analogue, a dangerous drug, an abusable glue or aerosol paint,
or any similar substance the use of which is regulated under state law.
2.81 If an injury occurs while an employee is in a state of voluntary
"intoxication," insurance carriers are not liable for compensation.
However, "intoxication" must be proven.
2.82 "Intoxication" that results from taking prescription drugs
according to the doctor's orders does not preclude compensation.
3. Policy
3.1 Standards of Conduct:
The unlawful manufacture, distribution, dispensing, possession or use
of a controlled substance or alcohol is strictly prohibited.
3.2 Sanctions will be imposed on students and employees (consistent with
local, state, and federal law) up to and including expulsion or termination
of employment and referral for prosecution for violation of the standards
of conduct set forth in 3.1 above.
Smoke-Free
Workplace Policy
Lamar State College-Orange recognizes its commitment to the emotional
and physical well-being of its students, faculty, and staff. Increasing
concern, interest, and anxiety exists about the effects of secondary tobacco
smoke on individuals exposed to it and the dangers associated with tobacco
smoking. Lamar State College-Orange acknowledges the seriousness of this
problem and recognizes its obligation to promote public health on this
campus by protecting its students, faculty, and staff from hazardous conditions
that are within the college's ability to regulate.
The following regulations have been adopted by Lamar State College-Orange:
(1) ALL campus buildings are designated "smoke-free" with the exception of areas away from doorways and steps. Included in this designation are all instructional facilities; faculty, staff, and administrative offices; and student services areas.
(2) A sign stating "This is a non-smoking facility" shall be posted at the entrance of every building on the college campus.
(3) The use of smokeless tobacco, including snuff and chewing tobacco, is prohibited on campus.
(4) The sale of tobacco products on campus is prohibited.
(5) Smoking is prohibited in those campus-owned vehicles that are available for general use.
(6) As used in this policy, the term "smoking" shall include all of the following:a. carrying or holding a lighted pipe, cigar, cigarette, or any other lighted smoking equipment or device;
b.lighting a pipe, cigar, cigarette, or any other smoking equipment or device;
c. emitting or exhaling the smoke of a pipe, cigar, cigarette, or any other smoking equipment or device.(7) This non-smoking policy applies to college facilities used by off-campus groups as well as college groups.
(8) The terms of this policy will be distributed to all current employees and made available to all prospective employees prior to hiring. The terms of this policy will be distributed to all current students and published in all future editions of the Lamar State College-Orange Catalog.
Policy
Statement on AIDS
The following is an excerpt of the Lamar State College-Orange Policy on
AIDS. Any employee, student, or contractor of the college may request
a copy of the AIDS Policy in its entirety from the Human Resources Department.
Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease that has
become a nationwide public health problem.
Lamar State College-Orange acknowledges the seriousness of this problem.
In health-related matters such as this, the college follows the guidelines
of recognized authorities including The National Center for Disease Control,
the United States Public Health Service, the Texas Department of Health,
and the American College Health Association. Further, the college shall
conform its actions to the Texas Communicable Disease Prevention and Control
Act and other laws.
No current evidence exists that individuals infected with Human Immunodeficiency
(HIV), the "AIDS Virus," can infect other individuals by casual
contact. Accordingly, there is no reason to exclude individuals with AIDS,
AIDS-Related Complex (ARC), or a positive test for antibody to HIV from
campus academic, social, or cultural activities. Therefore, on the basis
of current knowledge of the disease, individuals sharing common living
space, work or study areas, libraries, classrooms, recreational facilities,
and theaters do not represent a problem or public threat to the campus
community.
Compliance
with the Americans with Disabilities Act
of 1990
Lamar State College-Orange does not discriminate on the basis of disability
in admission to, access to, or operations of its programs, services, or
activities. Lamar State College-Orange does not discriminate on the basis
of disability in its hiring or employment practices.
This notice is provided as required by Title II of the Americans with
Disabilities Act (ADA) of 1990.
Questions, concerns, complaints,
or requests for additional information regarding the ADA may be forwarded
to Lamar State College-Orange's designated ADA Compliance Coordinator
in Room 359 of the Ron E. Lewis Library Building.
Individuals who need auxiliary aids for effective communication in programs
and services of Lamar State College-Orange are invited to make their needs
and preferences known to the Office of Disability Support Services, 3rd
floor of the Ron E. Lewis Library.
Sexual
Harassment Policy
The following is an excerpt of the Lamar State College-Orange Sexual Harassment
Policy. Any employee, student, or contractor of the college may request
a copy of the Sexual Harassment Policy in its entirety from the Human
Resources Department.
It is the policy of Lamar State College-Orange that no employee, student,
or contractor of the college may sexually harass another person. Any employee,
student, or contractor will be subject to disciplinary action up to and
including dismissal for a violation of this policy (Rules and Regulations,
the Texas State University System, VII-8.0, Amended May 19, 2000.)
Lamar State College-Orange strives to provide an educational and working
environment for its students, faculty, and staff free of intimidation
and harassment. Sexual harassment is sex discrimination and is, therefore,
a violation of the 1964 Civil Rights Act.
Prohibition
of Handguns on Campus
It is a violation of the Texas State University System Rules and Regulations
to possess, carry or otherwise cause a handgun--licensed or otherwise,
concealed or otherwise--to be brought on the premises of a System component.
