5.37 – Drug and Alcohol Prevention

A.    Purpose

To establish drug and alcohol prevention programming for students and employees pursuant to the Drug-Free Schools and Communities Act Amendments.

B.    Policy

The college will establish, enforce and communicate a comprehensive drug and alcohol prevention program to students and employees, which will include the Biennial Review and annual notifications pursuant to the Drug-Free Schools and Communities Act Amendments.

C.    Procedures

OTC’s drug and alcohol prevention program (D.A.A.P.P.: Drug and Alcohol Prevention Programming) will include annual, system-wide notifications of the college’s standards of conduct, college and legal sanctions for violations, health risks, counseling, treatment, rehabilitation and re-entry programs. The D.A.A.P.P. will also include a comprehensive Biennial Review, which will be evaluated every even numbered year to determine its effectiveness and ensure that sanctions for violations of alcohol and drug policies are being consistently enforced.

The following components must be included in the annual notification to students, faculty and staff and the Biennial Review.

Standards of Conduct

  • OTC prohibits the unlawful possession, use, distribution and sale of alcohol and illicit drugs by the college community on college owned or controlled property and at events sponsored by OTC.  In observance of state law, no person under the age of (21) may purchase or attempt to purchase, or have in his or her possession, any alcoholic or intoxicating beverage on the college premises or at college sponsored events.  OTC complies with all laws related to underage drinking, and any violation of the state’s underage drinking laws will be referred to the appropriate authorities. Further, the Standards of Conduct for both students and employees, regardless of age, prohibit the possession of alcohol, illicit drugs and being present on college owned or controlled property while under the influence of such.
  • Federal law prohibits the possession, use or distribution of marijuana on college premises or at college-sponsored events, including medical marijuana used or possessed under Missouri law.
  • Exceptions to this policy include the authorized use of alcohol within approved curricular programs.

College Discipline

  • Students who violate the college’s standards pertaining to alcohol and illicit drugs will be subject to disciplinary action. Sanctions may range from an informal reprimand to dismissal from the college. If the conduct resulting in discipline also involves a violation of state or federal law, the college will refer the matter to the appropriate authorities for prosecution.
  • Employees who violate this policy will be subject to disciplinary action up to and including termination. If the conduct resulting in discipline also involves a violation of state or federal law, the college will refer the matter to the appropriate authorities for prosecution.
  • Vendors and other non-student visitors who violate this policy will be removed from campus. If the conduct resulting in discipline also involves a violation of state or federal law, the college will refer the matter to the appropriate authorities for prosecution.

Legal Consequences

Federal Law

  • Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from up to five years’ imprisonment and a fine of up to $250,000 to imprisonment for life and a fine of $4 million. Depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g., methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substances, including marijuana, range from up to one year in prison or a fine of at least $1,000.  Penalties are more severe for subsequent offenses.
  • Convictions for federal drug offenses can also result in a student’s loss of eligibility for federal financial aid.

State and Local Law

  • State law and local law also provide penalties for violations of laws relating to the unlawful manufacture, sale, use or possession of controlled (and/or imitation of controlled) substances and alcohol.  In addition, states and localities have laws relating to underage drinking, driving while intoxicated or under the influence of alcohol and/or illicit drugs. Sanctions for violations may range from local citation to state law felonies.  Penalties may range from small fines to prison terms, depending on the violation and past criminal history of the individual.

Health Risks

Serious health risks are associated with the use of alcohol or other drugs.  The use and abuse of alcohol and other drugs may have negative effects on one’s school or work performance and personal relationships. Some common health and behavioral risks include addiction, damage to lungs, liver and heart, damage to the brain and central nervous system, loss of consciousness, accidental overdose, risk of hepatitis, violent and unpredictable behavior and death. For more information about the health and behavioral risks associated with particular types of drugs and alcohol, please visit the National Institute on Drug Abuse

Resources 

If a student or employee is interested in resources available in the community for drug or alcohol counseling, treatment, rehabilitation or re-entry they may contact the OTC Counseling Services department at counseling@otc.edu or 417-447-6974. Counseling Services provides educational information on drug and alcohol abuse through the distribution of printed materials, scheduled programming throughout the academic year and a website that includes substance use-related resources and links to online screenings.

Other resources are also available, including, but not limited to, the following:

D.    Definitions

Biennial Review. The US Department of Education publication entitled Complying with the Drug-Free Schools and Campuses Regulations requires the Biennial Review to ensure that institutions of higher learning have alcohol and other drug programs and policies and that these programs are reviewed every two years to determine program effectiveness, consistency of policy enforcement and to identify and implement any changes needed. OTC’s Biennial Review is evaluated during each even numbered year.

College Community are students, faculty and staff of the college, the Board of Trustees, visitors, contractors and consultants performing work or services on college owned or leased properties and all other invitees of the college.

D.A.A.P.P Drug and Alcohol Prevention Programming.  OTC’s D.A.A.P.P. includes college policy 5.37, the Biennial Review and the annual notifications to students and employees.

E.    Authority

This policy is maintained under the authority of the Vice Chancellor for Student Affairs

F.    Related Policies

3.19      Employee Code of Conduct and Disciplinary Procedures

3.47      Drug-Free Workplace (3.20)

5.15      Standards of Student Conduct

G.    Implementation

Policy approved and adopted by the Board of Trustees on 11/12/2013.  Revised 05/11/2020.

Purpose, procedures, responsibilities and definitions approved and adopted by the Cabinet on 02/12/2014, 04/21/2020. Set for review in 2022 or every two years.