Drug and Alcohol Policy

Policies and Procedures

The purpose of this section is to briefly summarize the key points of the University policy regarding the distribution, possession, and use of alcohol and other drugs. In order to comply with the requirements of the Drug-Free Schools and Communities Act and the Drug-Free Workplace Act, a complete description of relevant laws, procedures, sanctions, and prevention information is provided in the Addenda that follow this summary.

A. Legal Issues.

The University's policy regarding the possession and consumption of alcohol and other drugs on campus has been developed in keeping with Washington State law and the Governor's policy on alcoholism and drug dependency. Washington State laws are described in the Revised Code of Washington and the Washington Administrative Code. Members of the University community may review these documents at the University library. State laws regulate behavior such as the consumption of alcohol in public places, the furnishing of liquor to minors, the illegal purchase of alcohol, and the distribution of controlled substances, to name a few. A brief description of applicable local, state, and federal laws is provided in Addendum E. The University Policy assumes that individuals of the University community have read, understood, and agree to abide by these local, state, and federal laws.

B. Proscribed Student Conduct.

According to the Washington Administrative Code (WAC 106-120-027), a student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions:

Possession, use, or distribution of any controlled substance as defined by the laws of the United States or the state of Washington except as expressly permitted by law.

Violation of the university policy on alcoholic beverages that states:

a. Persons twenty-one years of age or older may possess and/or consume alcoholic beverages within the privacy of certain designated 21 or older residence hall rooms or apartments. Washington State law provides severe penalties for the possession or consumption of alcoholic beverages by persons under twenty-one years of age and for persons who furnish alcoholic beverages to minors. All University students and staff should be aware of these laws and the possible consequences of violations.

b. The University does not condone the consumption of alcoholic beverages by minors at functions sponsored by Central Washington University organizations on or off campus. Organizations and advisors are held responsible for monitoring the conduct of their members at functions sponsored by the organization and for failure to comply with state law and university policies.

c. The Vice President of Student Affairs & Enrollment Management may place on probation any organization or prohibit a

specific campus social function when the consumption of alcoholic beverages has become a problem or concern to the University.

Violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee or commission or council acting within the scope of its authority.

Violation on campus of any state or federal law or violation of any state or federal law off campus while participating in any University sponsored activity.

Official University action will be taken when violations of state law or University policy regarding alcohol and other illicit drug use occur. Repeated violations usually carry more significant consequences. The office of the vice president of student affairs & enrollment management may include in the sanction, mandated contact with the director of university drug and alcohol prevention (Director Prevention & Wellness Services) and/or direct referral for assessment through a licensed treatment facility. If alcohol or other drug abuse is a related factor in the violation of other proscribed conduct, the same mandate may be considered appropriate. Official University sanctions range from "warning" to "expulsion" and are described in detail in Addendum A.

C. Proscribed Employee Conduct.

As a condition of employment at the University, all employees will abide by the terms of the Drug Free Workplace Act of 1988 that prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the university workplace. This Act also requires that employees notify their supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.

In addition, University employees (i.e., faculty, staff, administrators, and student employees) are obligated to work effectively and cooperatively in their positions. Responsibility to improve substandard performance or to correct unacceptable work behavior rests with the individual employee, regardless of the underlying causative factors or circumstances that may be present. While alcoholism and/or other drug dependencies may be among the factors contributing to an employee's job performance problems, it remains the responsibility of the individual employee to seek appropriate treatment. Failure to correct unsatisfactory job performance or behavior, for whatever reason, will result in appropriate disciplinary action, ranging from verbal/written reprimand to termination of employment.

University employees are expected to be familiar with the University policies or codes that pertain to their employment on campus. Policies concerning the behavior of employees are contained in one or more of the following sources: The Exempt Employees Code of Personnel Policies and Procedures, the Faculty Code of Personnel Policies and Procedures, and the Higher Education Personnel Board Rule. Faculty members should be aware that the Drug and Alcohol Policy is an official University policy; as such, violations of this policy are subject to the sanctions described in Sections 10.20 and 10.25 of the Faculty Code. Sanctions for the willful violation by civil service employees of published institutional regulations are included in HEPB WAC 251-11-030. Administrative exempt personnel are referred to Section 3.04 of the Exempt Employees Code for sanctions resulting from the willful violation of published institutional guidelines.

D. Wildcat Wellness Center (WWC).

The Wildcat Wellness Center (WWC)is the primary campus location for alcohol and other drug education, prevention and counseling. Both students and staff are encouraged to contact the WWC (963-3213) for more detailed information.

E. Employee Education & Referral for Alcohol and other Drug Issues.

Alcoholism and drug dependency are defined as illnesses that may interfere with an employee's ability to perform assigned work satisfactorily or that adversely affect job behavior. Employees are encouraged to voluntarily seek expert assistance for alcoholism, alcohol abuse, drug dependency, or any other job-impairing personal problem. Assistance is available through a variety of professional resources on campus and in the community. Questions regarding medical insurance coverage for professional services should be referred to the employee's medical plan provider. The university contracts for confidential employee assistance with EAS (Employee Advisory Services) 360-753-3260

Supervisors are required to identify, document, and attempt to correct all employee job performance and/or work behavior problems, using standard corrective action procedures outlined in either personnel policies or the Faculty and Administrative Exempt Codes. They should not diagnose alcoholism, drug dependency, or any other complex medical-behavioral problem. However, corrective effects may include referral to professional treatment resources at any time during the process. Supervisors are encouraged to share information regarding professional treatment services with the employees on a regular basis. Pamphlets describing services are available from the CWU Human Resources Department or from the director of the CWU Wildcat Wellness Center. See Addendum C for a description of professional drug treatment and counseling resources.

F. Serving Alcoholic Beverages on Campus.

University departments and student organizations are encouraged not to involve alcoholic beverages in any sponsored function. If they choose to do so, they are urged to consider the effects and the responsibility they assume in making such decisions. If the members of the department or organization choose to include alcoholic beverages in their functions, they must comply with all local and state laws, as well as specified liquor guidelines.

All groups and organizations sponsoring social events held on the CWU campus and all recognized University groups holding events off campus, which involve the serving and consumption of alcoholic beverages, are obliged to comply with the procedures and guidelines outlined in Addendum E and use a social attendant. Contact the Scheduling Center at 963-1321 for more information on social attendants.

G. Advertisement.

There will be no marketing or advertising of alcoholic beverages on the Central Washington University campus, except as allowed by state law. The University name will not be associated with the advertising of alcoholic beverages.

H. Policy Implementation and Application.

This policy applies to all members of the Central Washington University community at all events sponsored by the University and/or held in any University facility. It is expected that the University policy regarding alcohol and other drugs will be applied in a consistent manner.

Addendum A

University Sanctions for Violations of Proscribed Student Conduct

Official University action will be taken when violation of state law or University policy regarding alcohol and other illicit drugs occur. Repeated violations carry more significant consequences. The vice president's office may include in the sanction, mandated contact with the Director of the Wildcat Wellness Center and/or direct referral for assessment through the Alcohol Drug Dependency Service (ADDS) in Kittitas County. If alcohol or other drug abuse is a related factor in the violation of other proscribed conduct the same mandate may be considered appropriate.

Following are the sanctions available as they appear in the CWU Student Judicial Code:

1. Warning.

Notice in writing that the student has violated University rules or regulations or has otherwise failed to meet the University's standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.

2. Disciplinary Probation.

Formal action specifying the conditions under which a student may continue to be a student at the University including limitation of specified activities, movement, or presence on the CWU campus. The conditions specified may be in effect for a period of time or for the duration of the student's attendance at the University.

3. Restitution.

An individual may be required to make restitution for damage or loss to University or other property and for injury to persons. Failure to make restitution will result in suspension for an indefinite period of time as set forth in subsection (4) below provided that a student may be reinstated upon payment.

4. Suspension.

Dismissal from the University and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.

5. Deferred Suspension.

Notice of suspension from the University with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.

6. Expulsion.

The surrender of all rights and privileges of membership in the University community and exclusion from the campus without any possibility for return.

7. Standard Alcohol Sanctions with Parental Notification:

1^st violation: Meeting with Area Coordinator (AC), Prime for Life Class (requires a study guide*), Parental Notification may be used for 1st offense when incident includes a medical concern, violence, noise complaint, resistance or destruction of property.

2nd violation: Meeting with Area Coordinator (AC), Prime for Life Class (requires a study guide*), Parental Notification, Referral to Wellness Center Director for an alcohol/drug screening and possible creative sanctions that may include referral to Residence Hall Arbitration Council.

3rd violation: Combined Meeting with Area Coordinator (AC) and Office of Vice President f or Student Affairs and Enrollment Management (creative sanctions may be applied), Parental Notification, Referral for formal alcohol/drug assessment and the Student must follow all recommendations.

4th violation: Referral to the Office of Student Affairs and Enrollment Management for an automatic suspension from the university for one full academic year, Referral to the Office of Student Affairs and Enrollment Management for an action plan to allow re-entry to include full compliance with alcohol/drug assessment recommendations, Parental Notification.

*The cost of the study guide will be charged to the student’s account.

The vice president's office may invoke a Summary Suspension of any student from the University pending investigation, action or prosecution of charges of an alleged violation of proscribed conduct when there is reason to believe that their physical or emotional safety and well-being or the safety and well-being of other University community members, or the protection of property requires such suspension.

When chronic alcohol or other drug use is involved, as is often the case when a student has been suspended or suspension is imminent, re-entry after a period of suspension or continuation in school on a deferred suspension may be contingent upon the student successfully completing an appropriate treatment program. The specific treatment would be recommended by the Director of the CWU substance abuse program (Wildcat Wellness Center) and/or by members of the staff of local substance abuse treatment agencies. Generally, documentation from treatment counselors or program directors confirming successful completion of treatment and a positive prognosis for recovery are required for reinstatement or continuation in school.

Addendum C

Problem Solving Team

When student behavioral problems associated with alcohol and other drug abuse occur, the University employs a team problem-solving approach. The, Director of Residence Living, the Chief of Campus Police, the Director of The Wildcat Wellness Center, and the Director of the Center for Student Empowerment join the Assistant and Associate Vice Presidents for Student Affairs & Enrollment Management weekly to review residence living incident reports filed by residence advisors (RA’s) and managers, as well as campus police reports which cover both on- and off-campus students. This problem-solving team then deals with student behavioral problems generally violative of the conduct proscriptions contained with the CWU student judicial code (WAC 106-120). It has been found that alcohol and other drug abuse is involved in the majority of student behavioral problems. The problem-solving team works together to suggest intervention strategies that are considered to be the most appropriate and effective for eliminating specific negative student behaviors, especially those related to substance abuse. The team may suggest various forms of intervention including but not limited to the following: (1) a meeting with members of the residence living student staff; (2) a meeting with one of the residence living or housing administrative staff; or (3) a meeting with the director of the Wildcat Wellness Center or other full time, appropriate staff members.

Official hearings in the vice president's office are conducted when it becomes apparent to the problem-solving team that the initial and more informal forms of intervention with a student have been unsuccessful in positively modifying a student's behavior.

Addendum C

Campus and Community Resources On Campus

Wildcat Wellness Center 963-3213

Located in Sue Lombard room 111-113 Wildcat Wellness Center (WWC) provides confidential services to students, staff and faculty at Central Washington University regarding any issue that is related to alcohol and other drugs. The services provided by WWC include: Prime for Life, a 8 - 10 hour alcohol education and prevention class, Informal assessment and screening, referral, intervention, aftercare, information and education.

Student Health and Counseling Center 963-1391

Provides counseling services to all students attending Central Washington University. Services include private confidential one on one counseling and some special interest group counseling services. You must be a student of Central Washington University there is no charge for services.

Community Counseling and Psychological Assessment Center 963-2501

Services are provided by graduate students under the supervision of a professor working in the graduate counseling studies area. Services include one on one counseling sessions. Some group sessions are available depending on need and students to provide the service.

Campus and Community Resources Off Campus

Alcohol Drug Dependency Services (ADDS) 925-9821

ADDS provides state mandated services to the Kittitas County population. These services include: family and individual counseling, living skills counseling, intensive outpatient treatment, substance abuse issues training, alcohol/drug information school alcohol/drug evaluation, full-screen urinalysis, 24-hour crisis intervention service, DWI assessments, deferred prosecution services, pre-employment drug screening, anger management counseling, parenting skills training and employee assistance services. Fees are based on a sliding fee scale.

Central Washington Comprehensive Mental Health 925-9861

CWCMH provides a variety of services from its office in Ellensburg and out of its Yakima office. CWCMH offers individual and group therapy for adults who are dependent on chemical substances. The only methadone detoxification and maintenance program offered in Central Washington is located at the Yakima Center and assists individuals addicted to opiate drugs. Fees are based on a sliding fee scale.

Kittitas Valley Recovery Services 925-7227

KVRS offers alcohol/drug assessments, DWI/deferred prosecution assessments, outpatient counseling services, co-dependency counseling along with most other services associated with chemical dependency, to include individual, family and group counseling. Fees are based on a sliding fee scale.

Washington State Employee Advisory Service (509) 456-5000 Spokane, (360) 753-3260 Olympia

EAS is a State of Washington program that offers help to any state employee or family member who has a personal problem that may or does impact their job performance. EAS does not attempt to treat or solve all problems its services consist of brief counseling to help clarify your problems and develop a practical plan for solving them. There is no fee associated with the EAS, referral to other agencies for support may require a fee.

Alcoholics Anonymous (Alano Club) 925-2494

A.A. is a voluntary, worldwide fellowship of men and women from all walks of life who meet together to attain and maintain sobriety. The only requirement for membership is a desire to stop drinking. There are no dues or fees for A.A. membership.

Crisis Line - Lower County 925-4168 - Upper County 674-2881

A 24-hour referral service for the residence of Kittitas County. Crisis Line is manned by volunteers that stay up to date on the services and agencies that may assist a person with any number of problems.

Addendum D

Procedures for Serving Alcoholic Beverages on Campus

Any party that intends to serve alcoholic beverages on campus must follow the following procedures:

1. All events will be staffed by one or more certified Social Attendant(s) who has completed the required training course provided by the Washington State Liquor Control Board. The number of Social Attendants for a given event will be determined and subsequently hired through the University Scheduling Center

2. If alcoholic beverages are to be served at a social event, the sponsoring university group is required to provide nonalcoholic beverages as well. The variety of alcoholic and nonalcoholic beverages available to be served shall be equal. In addition, the sponsoring group encouraged to also provide food at the social event, in keeping with the intent of a banquet permit. Provision for serving such nonalcoholic beverages must be outlined on the University permit.

3. Personal identification will be checked to verify age and to prevent minors from consuming alcoholic beverages; identification will include a picture of the individual. Individuals whose age cannot be verified by identification provided to the Social Attendant will not be served beverages containing alcohol. Acceptance or rejection of identification is within the discretion of the Social Attendant.

4. If it is determined by the Social Attendant that an individual has consumed too much alcohol, she/he will no longer be served beverages containing alcohol.

5. If an individual becomes verbally and/or physically abusive, the Social Attendant will do any or all of the following:

a. Inform the coordinator of the event of the problem behavior;

b. Call the Student Union Building Night Manager; 899-3094

c. Call University Police. 925-8534

6. After the event, a written report will be completed by the Social Attendant that will describe any problems, concerns, or suggestions that pertain to the event. The report will be kept on file and reviewed if and when the sponsoring organization subsequently requests University space for social functions involving alcohol consumption. Documentation of problems or violations at previous social events may result in the group not being allowed an alcohol use permit in the future. In addition, any areas of concern will be provided, in writing, to the sponsoring organization after the event. A copy of this and any subsequent communication will be kept on file in the University Scheduling Center Office.

7. Sponsoring organizations should be aware of the consequences of failure to comply with the policy regarding the serving and consumption of alcoholic beverages. The individuals responsible for the event will be held accountable under all Washington State laws. Other possible consequences include, but are not limited to:

a. Sponsoring clubs and organizations may lose recognition as official university clubs and organizations.

b. Visiting groups may not be allowed to use University facilities in the future.

c. Other University groups may not be issued alcohol use permits in the future.

Addendum E

Applicable Local, State, and Federal Laws

Provided below is a brief description of local, state, and federal laws that apply to alcohol and other drugs. This is not intended as a direct quotation of the RCW or other laws. Further information about local, state, and federal laws can be found in the CWU Library.

The City of Ellensburg

Chapter 7.40

Drugs and Intoxicating Liquor

7.40.04 Liquor is not allowed in public places this includes all property owned by the City of Ellensburg to include parks.

7.40.08 It is illegal to sell liquor to any person that appears to be under the influence of liquor.

7.40.12 No person shall give or supply liquor to a minor (exceptions)

7.40.13 Sale of tobacco products to minors (under 18 years of age) is not permitted, signs shall be posted stating the same.

7.40.14 It is unlawful to possess Marihuana, any part of the plant, its seeds or resin.

7.40.1 It shall be a gross Misdemeanor to be in possession of drug paraphernalia.

7.40.20 Purchase or consumption of liquor by a minor is unlawful.

7.40.22 It is unlawful for a minor to frequent taverns, cocktail lounges or other establishments dispensing intoxicating liquor.

7.40.26 It is unlawful to leave children in a parked automobile while in a tavern.

Chapter 8.2

The city of Ellensburg has adopted by reference Chapter 46.90 RCW relating to the "Washington Model Traffic Ordinance."

Kittitas County Alcohol and Drug Abuse Policy

10.32.030 (3) It is unlawful to operate any snowmobile while under the influence of alcohol or other drugs.

10.37.040 It is unlawful for any person to operate any nonhighway vehicle while under the influence of alcohol or other drugs.

Chapter 9.12

9.12.030 (f) It is unlawful for any person to operate any vessel or manipulate any water skis, surfboards or similar device while under the influence of intoxicating liquor or narcotic or habit-forming drugs.

Washington State Law (Revised Code of Washington)

69.41.030 It shall be unlawful for any person to sell, deliver, or possess any legend drug except upon the order or prescription of a physician

69.41.040 A prescription, in order to be effective in legalizing the possession of a legend drug, must be issued for a legitimate medical purpose by one authorized to prescribe the use of such drugs.

69.41.340 Student athletes found using steroids will lose their eligibility to participate in school-sponsored athletic events.

69.50.401 It is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Penalties for this law are based on the quantity and the schedule of the drug involved similar to the federal law. 69.50.403 It is unlawful to falsify any information related to drug manufacturing or distribution or to attempt to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge or by forgery or alteration of a prescription.

69.50.406 Distribution to persons under age eighteen is punishable by a fine and imprisonment of up to twice the authorized amount.

69.50.408 Second or subsequent offenses may be fined and imprisoned for twice the normal amount allowed by law.

69.50.410 It is unlawful for any person to sell for profit any controlled substance or counterfeit substance classified in the schedule of drugs.

69.50.412 It is unlawful for any person to use paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the body a controlled substance. This is a misdemeanor. It is unlawful for any person to deliver, possess with the intent to deliver or manufacture with the intent to deliver drug paraphernalia.

69.50.415 Any person that delivers a controlled substance to as person that results in the death of that person is guilty of a controlled substance homicide, a class B felony.

69.50.435 Violations of the various state laws that are committed on a school bus or in the near vicinity of school grounds are punishable at twice the normal allowed fine or imprisonment

69.50.505 The following are subject to seizure and forfeiture if involved in the dealing of drugs and no property rights exist in them: all controlled substances, all raw material used in manufacturing, all property used as a container, all conveyances autos, boats, airplanes, use to transport drugs, all books and records, all drug paraphernalia, all moneys, all real property.

69.50.509 If upon the sworn complaint of any person, it shall be made to appear to any judge that there is probable cause related to drug dealing the judge shall with or without the approval of the prosecuting attorneys issue a warrant for search and seizure of controlled substances.

69.52.030 It is unlawful for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.

69.52.040 Imitation controlled substances shall be subject to seizure, forfeiture, and disposition in the same manner as are controlled substances.

66.44.100 No person shall open the package containing liquor or consume liquor in a public place.

66.44.130 Every person who sells by the drink or bottle any liquor shall be guilty of violation of this title (exceptions as permitted by law).

66.44.170 It is illegal to possess liquor with the intent to sell with out proper license.

66.44.200 No person shall sell any liquor to any person apparently under the influence on liquor.

66.44.250 It is unlawful to drink on a public conveyance, i.e. bus or train except as permitted by law.

66.44.270 It is unlawful to sell or give liquor to a minor, any person under the age of twenty-one. It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.

66.44.280 It is unlawful for a minor to attempt to apply for a permit.

66.44.290 It is unlawful for a minor to attempt to buy liquor.

66.44.291 Every person that is guilty of a violation of RCW 66.44.290 is guilty of a misdemeanor and will be punished according to the law and fined a minimum of two hundred fifty dollars and will do twenty-five hours of community service.

66.44.300 It is unlawful for a person to invite a minor into a public place where liquor is being served.

66.44.310 It is unlawful to misrepresent your age to gain access to a liquor-serving establishment.

66.44.325 It is unlawful to transfer to a minor an identification of age for the purpose of permitting such minor to obtain alcoholic beverages.

66.44.328 No person may forge, alter counterfeit, or otherwise prepare or acquire and supply to a person under the age of twenty-one years a facsimile of any of the officially issued cards of identification.

46.61.502 It is unlawful to drive while under the influence of intoxicating liquor or drugs.

46.61.504 It is unlawful to be in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.

46.61.519 It is a traffic infraction to drink beverage alcohol or have an open receptacle of an alcoholic beverage in a motor vehicle while on the state highways.

46.61.5195 It is unlawful to disguise an alcoholic beverage in another container.

46.61.520 If a person dies from a related injury within three years after an accident involving alcohol the person that caused the damage can be charged with vehicular homicide.