Duquesne University, in keeping with the Mission Statement of the University, is committed to the maintenance of a drug- and alcohol-free working and learning environment in accordance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.

Policy

1. Employees are expected and required to report to work on time and in an appropriate and physical condition for work. It is the intent and obligation of the University to provide a drug-free, healthful, safe and secure work environment free of drug and alcohol abuse.
2. Students are expected and required to report for classes on time and in an appropriate physical condition to learn. It is the intent and obligation of the University to provide a healthful, safe and secure learning environment free of drug and alcohol abuse.
3. The unlawful manufacture, distribution, possession or use of a controlled substance or alcohol on University premises or while conducting University business off University premises are absolutely prohibited. Any University employee determined to have violated this policy is subject to disciplinary action including, but not limited to, a warning, written reprimand, suspension, dismissal, and/or mandatory participation in and successful completion of a drug abuse assistance or rehabilitation program approved by an appropriate health or law enforcement agency. Likewise, a student found in violation of this policy will be subject to such disciplinary actions as described in the Code of Student Rights and Responsibilities up to and including expulsion.
4. The University recognizes drug dependency and alcoholism as illnesses and major health problems. The University also recognizes drug abuse as a potential health, safety and security problem. Employees or students needing help in dealing with such problems are encouraged to seek assistance through University Health Services and their health insurance plans as appropriate. Conscientious efforts by employees and students to seek help will not affect University status and will be kept in strictest confidence.
5. Employees are required, as a condition of employment, to abide by this policy and report any conviction under a criminal drug or alcohol statute for violations occurring on or off the University premises while conducting University business. A report of a conviction must be made within five (5) working days after the conviction as required by the Drug-Free Work Act of 1988, and by this policy.

Failure to comply with this policy and its notice requirement may jeopardize continued research funding to the University and will be considered grounds for dismissal.

Questions concerning the interpretation or implementation of this policy should be directed to the appropriate Divisional Vice President or the Director of Human Resource Management.

Duquesne University's Statement for Drug-Free Schools and Communities Act of 1989

The Drug Free Schools and Communities Act of 1989, Public Law 101-226, requires that Duquesne University certify it has adopted and implemented a program to prevent the possession, use or distribution of illicit drugs and alcohol by students and employees. This statement is being published to define clearly the following items set forth by the statute.

1. The annual distribution electronically to each employee, and to each student who is taking one or more classes for any kind of academic credit, except for continuing education units, regardless of the length of the student's program of study, of:

Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities.

A description of the applicable legal sanctions under local, State or Federal Law for the unlawful possession or distribution of illicit drugs and alcohol.

A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.

A description of any drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available to employees or students.

A clear statement that the institution will impose disciplinary sanctions on students and employees (consistent with local, State and Federal Law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standard of conduct. A disciplinary sanction may include the completion of an appropriate rehabilitation program.

2. A biennial review by the institution of its program to:

Determine its effectiveness and implement changes to the program if they're needed.

Ensure that its disciplinary sanctions are consistently enforced.

Standards of Conduct

To demonstrate our continued commitment to a drug-free environment Duquesne University has established the following Standards of Conduct. These clearly prohibit, at a minimum, unlawful possession, use or distribution of drugs and alcohol by students and employees on its property or as any part of its activities. As members of the Duquesne Community, all are required to observe relevant Federal, State and Local laws.

Students illegally possessing, distributing or using a controlled substance will be subject to disciplinary action and possible criminal prosecution. In cases involving marijuana, the enforcement policy states that the detection of the odor of marijuana can constitute a violation. Failure to comply will result in disciplinary action.

Employees illegally possessing, distributing, or using a controlled substance on University premises or while conducting University business will be subject to disciplinary action, including possible dismissal from employment, and to possible criminal prosecution as well.

All matters relating to alcohol are governed by the Pennsylvania Liquor Code and related statutes.

Sanctions

All residents in the Commonwealth of Pennsylvania are subject to the following criminal sanctions.

Alcohol

Individuals selling, giving or providing premises on which alcohol is served to persons under 21 years of age are guilty of a misdemeanor of the third degree for which the minimum mandatory fine is one thousand dollars ($1000.00).

The possession, manufacture, sale or alteration of an identification card or driver's license falsely representing the birth date, age or identity of person carries a possible three hundred dollar ($300.00) fine and mandatory revocation of driving privileges for 90 days.

Any person who hires, requests, or induces any person under 21 years of age to purchase, or offer to purchase liquor or malt or brewed beverages, as defined in 18 PA C.S. 63210.6 is guilty of a misdemeanor of the third degree and shall be sentenced to pay a fine of not less than three hundred dollars ($300.00).

A person commits a summary offense if he/she being less than 21 years of age attempts to purchase, purchases, consumes, possesses, or knowingly and intentionally transports any alcoholic beverage. Upon conviction a person may be sentenced to pay a fine of three hundred dollars ($300.00) and mandatory revocation of driving privileges for 90 days on the first offense.

Driving under the influence (D.U.I.) in Pennsylvania (.10 blood alcohol content) - is a misdemeanor of the second degree and the court will impose a fine of not less than three hundred dollars ($300.00) and a minimum term of imprisonment for not less than one month but not more than 12 months applies to the initial conviction.

Notification

All law enforcement agencies in Pennsylvania are required to notify the parents or guardians of any person under the age 21 years who has been charged with violating 18 PA C.S. 6308 as it relates to possession, consumption, purchase, transportation of alcoholic beverages.

In addition, the University may disclose, to a parent or legal guardian of a student under the age of 21, information regarding any violation of any federal, state or local law, or of any rule or policy of the University governing the use or possession of alcohol or a controlled substance.

Intoxication is not recognized in Pennsylvania as a legal defense in criminal cases.

Narcotics/Controlled Substances

The acquisition or possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is a felony and carries a sentence of imprisonment not exceeding fifteen years or a fine not to exceed two hundred-fifty thousand dollars ($250,000.00) or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from illegal activity.

The sale at retail or dispensing of any controlled substance listed in Schedules, 1, 11, 111, and IV of the Federal Controlled Substance Act of 1970, by any person except one authorized by law to sell, dispense, prescribe or possess such a substance is a misdemeanor and carries a sentence not to exceed one year imprisonment, and/or a fine not to exceed five thousand dollars ($5,000.00).

See The Administrative Policy No. 32, Drug-Free and Alcohol-Free Working and Learning Environment.