I. DRUG AND ALCOHOL PREVENTION POLICY

LeTourneau University (LETU) seeks to foster a drug and alcohol free environment in which to learn, work, live, and grow. As a Christian university, we seek to approach alcohol and drug abuse with compassion, concern, and directness. This approach requires a consistent enforcement of the policies on alcohol and other drugs and substances as outlined in this policy. The purpose of this policy is to ensure a safe environment that reflects the mission of LETU and our goal to foster a healthy campus community.
The LETU campus, all other University-owned or leased property, and all University-sponsored activities – on or off campus – are alcohol, drug, and tobacco free. The use, possession, or distribution of alcoholic beverages, illicit drugs, tobacco, or other controlled substances (including the misuse of prescribed medications or use of any substance with the intent of becoming impaired/intoxicated) on the LETU campus is prohibited and violates this policy as well as the University’s standard of conduct. This policy applies to all students, faculty/staff, registered student organizations, visitors, and guests on or in university owned or operated property or engages in on-campus and off-campus activities that are considered university activities, including events and officially sanctioned field trips. LETU is operating in conformity with the Drug-Free Schools and Communities Act of 1989 (Public Law 101-336) and the Drug-Free Workplace Act of 1988. The following summarizes LETU’s policy and program.

Health & Lifestyle Risks

Alcohol.

Health hazards associated with the excessive use of alcohol or with alcohol dependency include dramatic be¬havioral changes, retardation of motor skills, and impairment of reasoning and rational thinking. These factors result in a higher incidence of accidents and accidental death for such persons compared to nonusers of alcohol. Nutrition also suffers and vitamin and mineral deficiencies are frequent. Prolonged alcohol abuse can cause any or all of the following: bleeding from the intestinal tract, damage to nerves and the brain, impotence, psychotic behavior, loss of memory and coordination, damage to the liver often resulting in cirrhosis, severe inflammation of the pancreas, and damage to the bone marrow, heart, testes, ovaries and muscles. Damage to the nerves and organs is usually irreversible. Cancer is the second leading cause of death in alcoholics and is 10 times more frequent than in non-alcoholics. Sudden withdrawal of alcohol from persons dependent on it will cause serious physical withdrawal symptoms. Drinking during pregnancy can cause fetal alcohol syndrome. Overdoses of alcohol can result in respiratory arrest and death.

Drugs

The use of illicit drugs usually causes the same general types of physiological and mental changes as alcohol, though frequently those changes are more severe and more sudden. Death or coma resulting from overdose of drugs is more frequent than from alcohol.

Cocaine. Cocaine is a stimulant that is most commonly inhaled as a powder. It can be dissolved in water and used intravenously. The cocaine extract (crack) is smoked. Users can progress from infrequent use to dependence within a few weeks or months. Psychological and behavioral changes which can result from use include over-stimulation, halluci¬nations, irritability, sexual dysfunction, psychotic behavior, social isolation, and memory problems. An overdose pro¬duces convulsions and delirium and may result in death from cardiac arrest. Cocaine dependency requires considerable assistance, close supervision and treatment.

Amphetamines. Patterns of use and associated effects are similar to cocaine. Severe intoxication may produce con¬fusion, rambling or incoherent speech, anxiety, psychotic behavior, ringing in the ears, and hallucinations. Intense fatigue and depression resulting from use can lead to severe depression. Large doses may result in convulsions and death from cardiac or respiratory arrest.

MDA and MDMA (XTC, ecstasy). These amphetamine-based hallucinogens are sold in powder, tablet, or capsule form and can be inhaled, injected, or swallowed. They cause similar, but usually milder, hallucinogenic effects than those of LSD. Because they are amphetamines, tolerance can develop quickly, and overdose can happen. Exhaustion and possible liver damage can occur with heavy use. In high doses, these drugs can cause anxiety, paranoia and delusions. While rare, these drugs have been associated with deaths in users with known or previously undiagnosed heart conditions.

Rhohypnol (rophies, roofies, rope). This drug is in the same category of drugs as Valium, a benzodiazepine, but is more potent than Valium. Initially, it causes a sense of relaxation and a reduction of anxiety. At higher doses, light-headedness, dizziness, lack of coordination and slurred speech occur. The drug affects memory and, in higher doses or if mixed with other drugs or alcohol, can result in amnesia for the time period the user is under the influence. Because of this amnesia effect, Rhohypnol has been given intentionally to others to facilitate sexual assault and other crimes. Combin¬ing this drug with other sedating drugs, including alcohol, will increase the intensity of all effects of the drug and, in sufficient doses, can cause respiratory arrest and death. Dependency can occur.

Heroin and other opiates. Addiction and dependence can develop rapidly. Use is characterized by impaired judgment, slurred speech, and drowsiness. Overdose is manifested by coma, shock, and depressed respiration, with the possibil¬ity of death from respiratory arrest. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea, vomiting, and muscle and joint pains.
Hallucinogens or psychedelics. These include LSD, mescaline, peyote, and phencyclidine or PCP. Use impairs and distorts one’s perception of surroundings, causes mood changes, and results in visual hallucinations that involve geometric forms, colors, persons, or objects.

Solvent inhalants (e.g., glue, lacquers, plastic cement). Fumes from these substances cause problems similar to alcohol. Incidents of hallucinations and permanent brain damage are more frequent with chronic use.

Marijuana (Cannabis). Marijuana is usually ingested by smoking. Smoking marijuana causes disconnected ideas, alteration of depth perception and sense of time, impaired judgment and impaired coordination. Prolonged use can lead to psychological dependence.
Damage from intravenous drug use. In addition to the adverse effects associated with the use of a specific drug, intravenous drug users who use unsterilized needles or who share needles with other drug users can develop HIV, hepatitis, tetanus (lock jaw), and infections in the heart. Permanent damage or death can result.

Synthetic cannabis (K2 and Spice). This is a psychoactive designer drug derived of natural herbs sprayed with synthetic chemicals that, when consumed, allegedly mimic the effects of cannabis. Synthetic cannabis can precipitate psychosis and in some cases it is prolonged. These studies suggest that synthetic cannabinoid intoxication is associated with acute psychosis, worsening of previously stable psychotic disorders, and also may have the ability to trigger a chronic (long-term) psychotic disorder among vulnerable individuals such as those with a family history of mental illness.

University Regulations Regarding Students and Alcohol and Other Drugs

All students are held responsible to applicable federal, state, and local laws, as well as LETU policies regarding alcohol and other drugs and substances. When violations of law or policy come to the attention of LETU officials, students may be referred for prosecution and University sanctions will be imposed. Harm to persons or damage to either private or University property arising from actions of intoxicated individuals on the premises of the University will be the full and sole responsibility of such individuals. The University reserves the right to require a student to show proof of an alcohol or drug free condition. Refusal of sobriety or drug testing will be treated as admission of use.

• For all students enrolled as traditional/residential or dual enrollment students, or for those participating in University Athletics or living in university housing, it is a violation to promote, distribute, sell, possess, or use alcohol, narcotics, or tobacco on or off campus regardless of the student’s age.
• For all students enrolled as global/online students who are not participating in University Athletics or living in university housing, it is a violation to promote, distribute, sell, possess, or use alcohol, narcotics, or tobacco on or off campus regardless of the student’s age.
• It is a violation to be in the company of others who are drinking alcohol, using a controlled substance, or displaying alcohol containers or drug-related paraphernalia on university property or in vehicles parked on campus.
• It is a violation to misrepresent one’s age for the purposes of purchasing or consuming alcohol. This includes possessing a fraudulent ID. Possessing a fake ID may result in university probation on the first offense.
• Operating a motor vehicle while under the influence of alcohol or a controlled substance is a serious threat to oneself and the community and may result in immediate suspension, expulsion, or dismissal. Anyone who injures another person as a result of driving under the influence may be permanently dismissed.
• The attempt to obtain, use, possess, distribute, or sell and amount of any potentially harmful or illegal drug (including marijuana), any substance with the intent of becoming impaired/intoxicated, or drug-related paraphernalia is strictly prohibited. Anyone involved in the sale or distribution of any such drugs or substances on or off campus may be dismissed.
• Promoting the consumption of drugs or alcoholic beverages is prohibited. Displays of any kind that promote a lifestyle of alcohol or drug use are not allowed.
• Any student or student organization who supplies alcohol at university sponsored off campus events will be subject to disciplinary action.
• Hosting, assisting, or promoting an off campus gathering that includes drinking, drunkenness, or drug use is a violation of University policy and may result in suspension.
• Any student who encourages another to consume alcoholic beverages or any substance as a means to induce that individual to engage in behavior that would otherwise be against that person’s will is subject to dismissal.
• Any student who sexually assaults another person who is intoxicated or impaired is subject to immediate dismissal.
  

Sanctions for Students

Sanctions, alone or in any combination, may be imposed upon any student found to have violated the Community Standards. Sanctions for violating LETU’s Drug and Alcohol Prevention Policy may include any combination of the following:

• Warning, probation, suspension, or dismissal
• Restriction or loss of privileges
• Discretionary sanctions such as writing a paper or completing a project
• Housing reassignment
• Restitution for losses or damages
• Participation in an alcohol/drug education course at the student’s expense
• Parental notification
• Random and routine drug testing at the student’s expense for a prescribed period of time.
• Withholding or revocation of degree
• In addition to any of the individual sanctions listed above, student organizations and clubs may also be subject to:
• Loss of registration as a registered student club or organization. Loss of registration includes loss of all student activity fees and University funding and all rights and privileges accorded to registered student organizations
  

Amnesty Statement for Students

Students who seek help for substance abuse problems can be assured that confidentiality will be observed within the limits of the law. Where federal and state laws permit, the University will not impose sanctions when a student seeks assistance for substance abuse or any other problem of a similar nature.
In addition to on-campus amnesty, during the 2011 Texas Legislative Session, a new law was passed commonly referred to as the 911 Lifeline Law. This new law states that “there is no penalty for consumption or possession of alcohol by a minor if the minor was the first person to request emergency medical assistance in response to the possible alcohol overdose of the minor or another person and remained on the scene until the medical assistance arrived, and cooperated with medical assistance and law enforcement personnel.” [Texas Alcoholic Beverage Code Sec. 106.04, 106.05]

University Regulations Regarding Employees and Alcohol and Other Drugs

Other members of the University community will use careful and loving discretion in any use of alcohol. They will avoid the serving and consumption of alcohol in any situation that residential students of LeTourneau are likely to be present.
The behavioral expectations of LeTourneau for every member of its community includes the prohibition of manufacture, distribution, dispensing, possession, sale, purchase or use of illegal drugs at all times.

Employee’s Responsibility

The employee must act as a responsible representative for the University. It is the employee’s responsibility to report known manufacture, distribution, dispensing, possession, sale, purchase or use of illegal drugs, to the employee’s immediate supervisor. All employees are responsible for cooperating fully with law enforcement officials to punish the violation of laws relating to illegal drugs. Employees are required to inform their supervisors of any use of prescribed or over-the-counter medicine that could affect their performance. It is the employee’s responsibility to determine from the physician whether or not the prescribed drug would impair the employee’s job performance. When reporting such use, the employee is required to have a written statement from their doctor regarding the prescription’s effect on the employee’s performance of job duties and present this to his/her supervisor. When risks of accident potential are unacceptable, the employee will be directed to take leave with or without pay or reassigned to an existing vacant position until the use is discontinued. Paid leave may be charged to sick leave and/or current vacation time if either is available.

Supervisor’s Responsibility

Everyone in a supervisory role is held accountable for being familiar with this policy and its administration. The supervisor must keep good records of employee performance. Any situation involving an employee under the influence of drugs or the use, sale, possession, or distribution of drugs, arrest and convictions should be reported immediately to one’s cabinet administrator and Human Resources. It is the supervisor’s responsibility to document situations of suspected or actual drug use.
LeTourneau University Sanctions

• The unlawful manufacture, distribution, dispensing, possession, sale, purchase or use of a controlled substance or illegal drugs is wrong, harmful, and prohibited.
• Being under the influence of alcohol, inhalants, or other drugs is prohibited. The unauthorized use or possession of alcoholic beverages and abuse of prescription drugs or over-the-counter drugs is prohibited.
• Employees who violate the substance abuse policy are subject to appropriate disciplinary action up to and including termination. In the case of exempt employees, docking of pay may only be done in full-day increments.
  

Employee Penalties for Violation of Policy

Any employee who violates this policy shall be immediately suspended pending completion of an investigation. During the course of an investigation, the suspected employee shall have the opportunity to provide an explanation. In the event that a determination is made by the University that the employee or student worker has violated this policy, further disciplinary action may result, up to and including termination of employment, suspension or expulsion from attending LeTourneau University.

Any employee arrested for a criminal drug or alcohol related infraction will be required to notify their supervisor prior to returning to work and, the supervisor will make written notification to Human Resources as soon as possible but no later than 24 hours of the employees return to work. Employees that have been convicted of any criminal drug or alcohol related offense shall notify their supervisor prior to returning to work and the supervisor shall notify Human Resources prior to scheduling the employee for work. The University will take the following actions: Place the employee on administrative leave pending investigation. Take appropriate disciplinary action against such employee, up to and including job termination. Failure to notify the supervisor of arrest or conviction could result in disciplinary action up to and including termination.
Bus Drivers and other faculty, staff or students who may be otherwise authorized to drive students and others on trips or athletic events will be required to comply with the arrest and conviction notification requirements of this policy and CDL codes if applicable.

Legal Penalties and Sanctions Applicable to Drug and Alcohol Use of Students or Faculty/Staff

A. Federal Penalties and Sanctions

21 United States Code 844(a):
1st conviction: Up to one year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2years, and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years, and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years, and fined up to $250,000, or both, if:

(a) 1st conviction and the amount of crack possessed exceeds 5 grams.
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
© 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
Special sentencing provisions for possession of flunitrazepam: Imprisoned for not more than 3 years and/or fined.

21 United States Code 853(a)(2) and 881(a)(7):
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment. (See special sentencing provisions re: crack.)

21 United States Code 881(a)(4):
Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

18 United States Code 922(g):
Ineligible to receive or purchase a firearm.

Miscellaneous:
Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.

B. State Penalties and Sanctions

Texas Penal Code Sec. 49.02:
Being intoxicated in public such that one is a danger to oneself or others is a Class C misdemeanor, punishable by a fine of up to $500.

Texas Alcoholic Beverage Code Sec. 1.05, 101.31:
It is illegal to possess or distribute alcoholic beverages in a dry area. Violation of this law is a Class B misdemeanor and carries a penalty of up to $2,000 and/or up to 180 days confinement.

Texas Alcoholic Beverage Code Sec. 106.02, 106.04-106.05, 106.071:
The purchase, possession, or consumption of alcoholic beverages by a person under 21 years of age subjects that person to a fine of up to $500 for the first offense and at least $250 up to $2,000 for the second offense and/or 180 days confinement.

Texas Alcoholic Beverage Code Sec. 106.06:
Furnishing alcoholic beverages to a minor is a Class A misdemeanor and punishable by a fine of up to $4,000 and/or up to one year in jail.

Texas Education Code Sec. 37:122:
The possession of an intoxicating beverage on the grounds of any public school is a Class C misdemeanor and carries a penalty of up to $500.

Texas Penal Code Sec. 49.04:
Driving under the influence of alcohol is a Class C misdemeanor and punishable by a fine of up to $500 and a minimum confinement of 72 hours and/or up to 180 days in jail for the first offense and up to a $2,000 fine and a minimum of 30 days confinement and and/or up to 180 days in jail for subsequent offenses.
If found with an open container in the person’s immediate possession, the minimum confinement period extends to six days.

Texas Alcoholic Beverage Code Sec. 106.07:
A person under 21 years of age who misrepresents his or her age for the purpose of purchasing alcohol beverages commits a Class C misdemeanor and may be punished by a fine of up to $500.

Texas Health and Safety Code Sec. 481.102-106, 481.115-118:
The illegal distribution, possession, or use of controlled substances may be punished by 5 years to life in prison and up to a $250,000 fine.

Texas Health and Safety Code Sec. 481.112-120:
The delivery or possession of controlled substances with the intent to manufacture controlled substances is punishable by a jail term of 10 years to life and up to a $250,000 fine.

Texas Health and Safety Code Sec. 481.122:
The distribution of marijuana to a minor is punishable by 2 to 20 years in prison and/or up to a $10,000 fine.

C. Local Penalties and Sanctions

Longview Code Sec. 10-8 (b): During certain hours in public unlawful:
It shall be unlawful for any person in the city to consume any alcoholic beverage in any public place or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place at any time on Sunday between the hours of 2:15 a.m. and 12:00 noon, and on all other days at any time between the hours of 2:15 a.m. and 7:00 a.m. Alcoholic beverages may not be sold in public places at any time on Sunday between the hours of 2:00 a.m. and 12:00 noon, and all other days at any time between the hours of 2:00 a.m. and 7:00 a.m., unless otherwise provided for by statute or ordinance.

Longview Code Sec. 64-21. Alcoholic Beverages in Parks:

• A person commits an offense if the person possesses or consumes an alcoholic beverage in a park.
• A person commits an offense if the person enters or remains in a park while having any detectable amount of alcohol in the person’s system.
• Unless otherwise specifically set forth in state law as adopted, allegation and evidence of culpable mental state are not required for the proof of an offense defined by this section.
  

Alcohol and Drug Abuse Support Services

LETU’s Student Life Staff and the LETU Center for Counseling are available to assist students seeking help for alcohol and drug abuse problems. The support offered includes:

• Assessment – meeting with students to assess the extent of their problem with alcohol or other drugs.
• Intervention – working with various personnel in an attempt to reach out to people in trouble and provide them access to appropriate help.
• Short-term Counseling – as appropriate, providing counseling to students who can benefit from therapy sessions.
• Referral/Aftercare – assisting students in finding specialized care including outpatient therapy or inpatient treatment.
• Campus Awareness – working with student organizations to coordinate projects or programs to focus attention on the dangers of drug and alcohol abuse and also problems of dependency.
• Education – giving presentations and online training on the effects of chemical dependency and/or alcohol and drug abuse.
  

Long-term rehabilitation and therapy is not provided through the University, but information and referrals to such services available locally will be furnished.
The following organizations provide assistance to individuals dealing with drug and alcohol problems:

• LeTourneau University Center for Counseling—903-233-3490
• Health Core Mental Health Crisis Line – 1-800-832-1009
• Good Shepherd Medical Center Switchboard – 903-315-2000
• East Texas Clinic (Opiate Addiction Support) – 903-759-4966
• Women’s Center of East Texas – 1-800-441-5555
• East Texas Council of Alcoholism and Drug Abuse – 903-753-7633 or 1-800-441-8639
• National Helpline (Substance Abuse and Mental Health Services Administration) —1-800-662-HELP
• Alcoholics Anonymous — www.aa.org
• Celebrate Recovery – www.celebraterecovery.org
  Further information about drug and alcohol treatment options for employees is described in the University Faculty/Staff Handbook.
  

Administrative Responsibility

The Dean of Students has overall responsibility to administer, support, and enforce the Drug and Alcohol Prevention Policy to students.
The Director of Human Resources has overall responsibility to administer, support, and enforce the Drug and Alcohol Prevention Policy to employees.
The University has appointed a Standing Committee to implement and review programs and policies to support alcohol and drug prevention. This committee is composed of:

• Dean of Students
• Director of the LeTourneau University Center for Counseling
• Chief University Police
• Director of Human Resources
• Director of Health Services
• Student Representative
• Associate Dean for Residence Life
• Senior Director of Student Financial Services
• Director of Athletics
  

Any member of the campus community who violates the Drug and Alcohol Prevention Policy will be subject to disciplinary action:

• A student who violates the Drug and Alcohol Prevention Policy is subject to referral and adjudication through the student conduct process and applicable local or state legal authorities.
• A student organization that violates the Drug and Alcohol Prevention Policy is subject to referral to the applicable student organization conduct process with possible sanctions including a written reprimand, education mandates, restriction, or loss of privileges, and loss of official recognition. Individual members of the student organization may also be referred to the student conduct process for their involvement in the violations pursuant to this section.
• An employee (e.g., faculty and staff) who violates the Drug and Alcohol Prevention Policy will be referred to the Office of Human Resources for appropriate action according to the Faculty/Staff Handbook and applicable local, state, and federal law.
• A contractor or vendor performing work on University property found to be in violation of the Drug and Alcohol Prevention Policy will be subject to sanctions commensurate with the offense consistent with local, state, and federal law, up to and including termination of contract.
• A visitor to campus found to be in violation of the Drug and Alcohol Prevention Policy will be subject to sanctions commensurate with the offense consistent with local, state, and federal law, up to and including removal from University property.
  

Distribution of Annual Notification

Annual Notification will be distributed to students each Fall and in the Spring to students beginning their LETU enrollment in Spring through email. Notice of this policy will also be included in the Student Handbook, which is available on the university website. A notice of this handbook and links to it is sent out by email at the start of each semester. This process is coordinated by the Office of Student Life.
Annual Notification will be distributed to employees through email each September. New employees will also receive notification of this policy during New Employee Orientation. This process will be coordinated by the Human Resources office.

Biennial Review

In compliance with the Drug-Free Schools and Campuses Regulations, LETU will conduct a biennial review of Drug and Alcohol Prevention programs and policies to determine program effectiveness and consistency of policy enforcement, and to identify and implement any needed changes. This review will be conducted by the Dean of Students, with support and cooperation from the University Drug and Alcohol Prevention Program Committee. The biennial review will be published in January of odd years reporting on the previous two years of program efforts.