3:006 Drug-Free Workplace/Campus
|Austin Peay State
It is the policy of this institution that the unlawful manufacture, distribution, acquisition, possession, or use of alcohol and illegal drugs on the APSU campus, on property owned or controlled by APSU, or as part of any activity of APSU is strictly prohibited.
Austin Peay is dedicated to the pursuit and dissemination of knowledge and, as such, expects all members of the academic community to behave in a manner conducive to that end. The highest standards of personal and professional conduct must be maintained by faculty, staff and students. Illegal or abusive use of alcohol and other drugs by members of the University community adversely affects the mission of the University and is prohibited.
This policy has been developed to provide a comprehensive overview of the health risks and legal implications related to alcohol and other drug use, and to serve as a reference for on-and off- campus resources that are available to students, faculty and staff at Austin Peay State University.
Accordingly, Austin Peay State University adopts the following policy, consistent with federal, state and local laws. The policy is intended to accomplish the following:
In keeping with its primary mission of education, Austin Peay will provide educational programs aimed at preventing drug abuse and illegal drug or alcohol use. Educational efforts shall be directed toward all members of the University community and will include information about the incompatibility of the use or sale of illegal substances with the goals of APSU; the health hazards associated with illegal drugs or alcohol use; the incompatibility of substance abuse with the maximum achievement of education, career and other personal goals; and the potential legal consequences of involvement with illegal drugs or alcohol.
b. Counseling and Rehabilitation Services to Prevent Substance Abuse
Those faculty, staff or students who seek assistance with a substance abuse-related problem shall be provided with information about alcohol and other drug counseling and rehabilitation services through APSU and also through community organizations. Those who voluntarily avail themselves of University services shall be assured that applicable professional standards of confidentiality will be observed.
c. Disciplinary Actions to Prevent Substance Abuse
Students, faculty and staff are responsible, as citizens, for knowing about and complying with the provisions of Tennessee law that make it a crime to possess, sell, deliver or manufacture those drugs designated collectively as "controlled substances" in 39-17-405--39-17-426 of the Tennessee Code Annotated. Any member of the University community who violates those laws is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the University.
It is expected that APSU students, faculty and staff who use or possess alcoholic beverages will do so as legally prescribed by the laws of the state of Tennessee, within the regulations of Austin Peay State University and live in a manner that does not disrupt the lives of others. A person whose conduct is outside these parameters will be subject to the judicial rules and procedures of the University.
It is not "double jeopardy" for both the civil authorities and the University to proceed against and punish a person for the same specified conduct. The University will initiate its own disciplinary proceeding against a student or employee when the alleged conduct is deemed to affect the interests of the University.
Sanctions will be imposed by the University in accordance with this policy, Staff Handbook, Faculty Handbook, Student Code of Conduct and other appropriate University policies. Students, faculty and staff members of APSU with substance abuse problems are encouraged to take advantage of available diagnostic, referral, counseling and prevention services. However, employees and students availing themselves of these services will not be granted special privileges and exemptions from standard academic and student conduct requirements. Austin Peay will not excuse acts of misconduct committed by employees and students whose judgment is impaired due to substance use.
Employees (This includes regular and temporary employees, student employees and employees working at the University under the guidelines of federal contract or grant. Compliance with the policy is considered a condition of employment under terms of the employment.)
As a condition of employment, each employee must abide by the terms of this statement and must notify the Director of Human Resources of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Failure to provide this notification within five days after conviction will result in termination of employment. A conviction includes a finding of guilt, a plea of nolo contendere, or imposition of a sentence by any state or federal judicial body. Possible disciplinary sanctions for failure to comply with this statement, other than notification, may include one or more of the following:
Students (This shall mean any person who is registered for study at Austin Peay State University for any academic period. A person shall be considered a student during any period that follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period, and during any period while the student is under suspension from the University.)
Possible disciplinary sanctions for failure to comply with the terms of this statement may include one or more of the following:
In addition to the above, students may be required to participate in, and satisfactorily complete, a substance abuse program or rehabilitation program. Finally, in addition to imposed University sanctions, a student may be referred for criminal prosecution. As a condition for receiving federal Title IV financial aid, each student must certify that he/she will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and must notify the Director of Student Financial Aid of any conviction within five days after such conviction. A student convicted of violating the regulation may lose his/her federally funded financial aid and may be subject to disciplinary action under the Student Code of Conduct.
The Drug and Alcohol Policy is published annually in the APSU Student Handbook and can be accessed at the following website:
APSU Policy 3:006 (previously 5:051) – Rev.: March 25, 2017
APSU Policy 3:006 – Issued: August 14, 1995
President: signature on file