Drug and Alcohol Policy

Alcohol and Drug Policy for Faculty, Staff and Students

Background:

The International Sports Sciences Association (ISSA) is committed to achieving an alcohol- and drug-free workplace. Alcohol and other drug abuse is a significant public health problem and has a detrimental effect on the community in terms of increased medical and worker’s compensation claims, medical disability costs, decreased productivity, injuries, theft, and absenteeism. Accordingly, the ISSA has the right and obligation to maintain a safe, healthy, and productive working and learning environment and to protect ISSA property, operations, and reputation.

Students, faculty, and staff must comply with the federal, state, and local laws concerning alcohol and illegal drug usage, whether on College property or otherwise.  Violations will be reported to the appropriate law enforcement officials.  Individuals will be subject to College of Exercise Science disciplinary action, up to and including expulsion or separation, pursuant to the College’s policies and procedures.  Our Administration reserves the right to impose one or more disciplinary actions, including successful completion of a substance abuse program as a condition to continue enrollment or employment, at the cost of the individual.

Enforcement Summary:

Based on our commitment to improve the quality of education, all individuals have a personal responsibility to encourage compliance with this policy.

Any employee—faculty member, student, staff member, or administrator—who does not abide by this statement is subject to:

  • Personal action up to and including termination or expulsion, or

  • Satisfactory participation in an educational, assistance, or rehabilitation program related to alcohol and drug abuse that is approved by a federal, state, local health, law enforcement, or other appropriate agency. The cost of the program will be paid by the individual if not covered by insurance.

  • The decision on the severity of action taken will depend, in part, upon the nature of the offense, the sensitivity of the position held, and the outcome of participation in the program described above.

  • Employees or students who are not terminated or expelled may also be referred to appropriate self-help groups.

Students in violation of the laws regulating alcohol and controlled substances or ISSA policies concerning alcohol and drugs may receive, in addition to criminal sanctions, ISSA sanctions including, but not limited to, the following: fines, education programming, probation, or dismissal.

Employees of ISSA found in violation of laws regulating alcohol or controlled substances, may receive, in addition to criminal sanctions, ISSA sanctions including: official reprimand, suspension, or termination. Employees in violation will be subject to disciplinary action as outlined in their respective employee handbooks.

Education Summary:

All employees receive an annual email that contains the details and ramifications of violating ISSA's drug and alcohol policy. New employees are provided the information within the first three months of their employment. The drug and alcohol awareness information includes:

  • The content of this policy.

  • The extent and nature of the abuse problem, including national and ISSA statistics, as well as social, personal, and health risks.

  • Recognition of symptoms of abuse and discussion of recent perspectives on the problems (i.e., focus on prevention, environment, and norms rather than only on full-blown addiction, value of early intervention, process of addiction, and health risks).

  • Referral information on available counseling, rehabilitation, and self-help groups.

  • Penalties to be imposed for violation of this policy.

Assessment Summary:

Assessment activities to guide program development will be conducted by the Administration and results will be used to evaluate and guide program development. Assessment, at a minimum, will include the following information:

  • An appraisal of the environment for subtle causes of alcohol and drug abuse;

  • The collection and use of summary health and counseling client information;

  • The collection and use of summary data from drug-related disciplinary actions.

Notification to Faculty Staff and Students

This letter is sent electronically on an annual basis.

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Dear Students and Faculty,

As a Federal requirement for higher education institutions, ISSA is sending an annual notification to students and faculty members per the Drug-Free Schools and Communities Act (DFSCA) and Drug and Alcohol Prevention Regulations.

It is ISSA’s position that no student or faculty member should use drugs or alcohol while attending class or while on ISSA’s campus. The ISSA does not condone the use of any illegal drug or alcohol whatsoever for any student or faculty member.

Please review the following information pertaining to drugs and alcohol while attending ISSA’s College of Exercise Science.

Sanctions

  1. Students in violation of the laws regulating alcohol and controlled substances or college policies concerning alcohol and drugs may receive, in addition to criminal sanctions, college sanctions including, but not limited to, the following: fines, education programming, probation, or dismissal. Students in violation will be subject to judicial system policies and procedures as outlined.

  2. Employees of ISSA found in violation of laws regulating alcohol or controlled substances or college policies concerning these substances, may receive, in addition to criminal sanctions, college sanctions including official reprimand, suspension, or termination. Employees in violation will be subject to disciplinary action as outlined.

  3. Any student facing a drug-related conviction may not qualify for federal aid.

Health Risks Associated with Drugs and Alcohol

There are multiple health risks associated with drugs and alcohol, and these substances can affect various parts of the body, including liver, muscles and bones, nose, lungs, stomach, brain, heart, pancreas and intestines, sex organs, immune systems, and blood vessels.

Counseling, Treatment, and Rehabilitation

ISSA will provide information about local counseling, treatment, and rehabilitation for students or faculty members when needed based on the student’s need. Please contact the school for information.

End of Letter:

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Detailed Policy on Alcohol and Drug Abuse Prevention

To comply with federal regulations, ISSA is required to send an annual notification to students and faculty members per the Drug-Free Schools and Communities Act (DFSCA) and Drug and Alcohol Prevention Regulations.

As required by law, ISSA administration will also conduct an annual review of its program to (a) determine its effectiveness and implement changes if needed and (b) ensure that the sanctions developed are consistently enforced. This annual meeting is part of the Compliance Committee’s annual meeting held during the first quarter of each year.

It is our intent and obligation to provide a drug and alcohol-free, healthy, safe, and secure working and learning environment.  Staff, faculty, and students are expected and required to adhere to this policy.  Staff, faculty, and students are not permitted on the premises if under the influence of drugs or alcohol.

In addition to the aforementioned requirement, all staff, faculty, and students will adhere to the following:

  • The unlawful manufacture distribution, possession, dispensing, or use of a controlled substance on company premises or while conducting company business off campus is absolutely prohibited.  Violations of this policy will result in disciplinary action, up to and including termination of employment, dismissal of the student, and may include legal consequences as allowed by federal, state, and local laws.

  • We recognize drug and alcohol dependency as an illness and a major health problem.  We also recognize drug and alcohol abuse as a potential health, safety, and security problem.  Employees and students needing help in dealing with such problems may contact the Human Resources Department to obtain a listing of centers specializing in drug and alcohol counseling and rehabilitation. ISSA will make every appropriate effort to assist a member of the staff, faculty, or student body.

  • Employees must, as a condition of employment, abide by the terms of the above policy and report any conviction under a criminal drug or alcohol statute for violations occurring on or off company premises while conducting business.  A report of a conviction must be made to the Director of Accounting/Finance within five days after the conviction.  (This requirement is mandated by the Drug-Free Workplace Act of 1988.)

  • Students suspected of engaging in drug or alcohol abuse on campus or in classes may be removed from class and possibly expelled. ISSA has the right to request a drug or alcohol test from a student as part of our pledge to assist a student in rehabilitation and to remain as a student in the college.

  • An employee of the institution may be required to submit to a drug and/or alcohol test at any time.  Refusal to consent to such testing established by the company shall be considered to constitute that employee’s resignation for personal reasons.  An employee who tests positive will be subject to immediate termination at the sole discretion of the company administrators.

  • Any student, faculty, or member of the staff may be reported to local authorities if any parts of this policy are violated. ISSA may also require certain rehabilitation be completed before a faculty, staff, or student may return to the college.

  • ISSA promotes an alcohol-free workplace at all times.

  • All faculty and staff members are required to acknowledge ISSA’s drug and alcohol-free policy upon employment.

Summary of  Sanctions

It is the intent of the International Sports Sciences Association to institute fair and effective sanctions against persons who violate this policy which may also result in a violation of federal, state, or local laws.

  1. Students in violation of the laws regulating alcohol and controlled substances or company policies concerning alcohol and drugs may receive, in addition to criminal sanctions, company sanctions including, but not limited to, the following: fines, educational programs on substance abuse, probation, or dismissal. Students in violation will be subject to judicial system policies and procedures as outlined.

  2. If ISSA suspects a student may be abusing a substance such as illegal drugs, alcohol, or prescription drugs, the student may be asked to leave the premises or class. ISSA has the right to notify the local authorities.

  3. ISSA may require satisfactory participation in an educational, assistance, or rehabilitation program related to alcohol and drug abuse that is approved by a federal, state, local health, law enforcement, or other appropriate agency.

  4. Employees of ISSA found in violation of laws regulating alcohol or controlled substances or college policies concerning these substances, may receive, in addition to criminal sanctions, company sanctions including official reprimand, suspension, or termination. Employees in violation will be subject to disciplinary action as outlined.

  5. The severity of the action taken by the company will depend, in part, upon the nature of the offense, the sensitivity of the position held for faculty and staff, time to graduation for students, the decision of the appeal committee, and the outcome of an approved substance abuse program as outlined above.

  6. Faculty, staff, and students not expelled may also be referred to appropriate self-help groups.

Summary of Laws in California related to Alcohol and Drugs

Alcohol Laws

1)   Persons under 21 years of age are prohibited from purchasing, attempting to purchase, or possessing intoxicating liquor.

2)   It is a crime for those licensed to sell alcoholic beverages to sell or otherwise supply intoxicating liquor to persons under 21 years of age.

3)   California prohibits selling or supplying intoxicating liquor to persons who appear to be intoxicated.

4)   A person commits the crime of driving while intoxicated (DUI) if that person operates a motor vehicle while in an intoxicated or drugged condition. In California, a driver with eight-hundredths of one percent (.08 percent) of alcohol by weight in his or her blood is guilty of DUI and is presumed to be intoxicated without further evidence as to how the driver’s motor skills or operation of the automobile have been affected.

5)   A person under 21 years of age may be charged with zero tolerance if he or she has one-hundredth of one percent (.01 percent) or higher of alcohol is his or her system when operating a motor vehicle.

6)   Penalties for violation of California’s alcohol laws or alcohol-related traffic laws can include admin per se license suspension, criminal license suspension, fines, jail time or community service, DUI school, installation of ignition interlock device (IID), sr-22 filing and loss of driving privileges.

Drug Laws

1)   All manufacture, sale, use, or possession of controlled or imitation of controlled substances violations are felonies with these exceptions:

  1. Possession of 28.5 grams or less of marijuana is an infraction, punishable by a fine of up to $100. (Ca. Health & Safety Code § 11357(b).)

  2. Possession of more than 28.5 grams of marijuana is punishable by a fine of up to $500, up to six months in jail, or both. (Ca. Health & Safety Code § 11357(c).

  3. Penalties include fines, probation, and jail terms. A student may lose eligibility for Title IV funds if convicted of a drug-related charge while using Title IV funds.

Summary of how the company may collect information about Drugs or Alcohol

1)   A member of the faculty may observe a student behaving out of character or discussing drugs in class and disrupting class.

2)   Anonymous tips from a credible source.

3)   Directly from the person in question.

4)   Students reporting odd behavior.

5)   Using security cameras on campus.

6)   Background checks before hiring faculty and staff.

7)   Professional and character references.

Health Risks Associated with Drugs and Alcohol

There are multiple health risks associated with drugs and alcohol, and these substances can affect various parts of the body, including liver, muscles and bones, nose, lungs, stomach, brain, heart, pancreas and intestines, sex organs, immune systems, and blood vessels. Alcohol and drug use can also impair one’s ability to absorb and retain information and cause long-term brain damage.

For more information on how drugs and alcohol affect the body and how to avoid them, please view this free resource: http://www.drugfreeworld.org.

Common symptoms of substance abuse include but are not limited to the following:

*Odor of alcohol on the breath

*Unexplained changes in personal or professional relationships

*Deteriorating work performance

*Mood swings, increased anxiety, depression

*Unusual scarring or bruising

*Deterioration in appearance

*Social isolation

*Increased irritability

*speech, coordination, memory problems

*eye redness, irritation

Counseling, Treatment, and Rehabilitation

ISSA will provide information about local counseling, treatment, and rehabilitation for students or faculty members based on the student’s need. Please contact any member of the ISSA staff to reach out for assistance. A qualified member of the ISSA staff will assist you with locating help.

Treatment of Substance Abuse Problems--Where To Go For Help

ISSA believes that the most effective responses to instances of substance abuse rely on appropriate identification of the problem and the availability of effective, confidential assistance. Individuals with substance abuse problems are encouraged to seek such assistance and appropriate treatment options. The company also encourages members of the community to care about each other and to express concern for and to offer help to those engaged in substance abuse.

Faculty can provide individuals with advice about company policies and procedures, and the appropriate off-campus services.

Medical and Rehabilitation Leaves

Generally, the company provides rehabilitation leave to faculty and staff seeking treatment for drug or alcohol abuse. The company will make reasonable efforts to keep the basis of medical and rehabilitation leaves confidential.

Students seeking a medical leave and who plan to return may submit a written request for a leave of absence (LOA). The request must include the reason for leave and date of return. A Leave of Absence cannot exceed 180 days.

Students on an approved LOA are not considered withdrawn. Students seeking a medical leave should send a written request to the Student Affairs Committee (studentaffairs@issaonline.edu).  A physician or mental health professional must provide a written recommendation for the medical leave. Readmission for students on medical leave is contingent on a physician's or mental health professional's written recommendation.  The Student Affairs Committee must approve the petition to return from a medical leave. A medical leave can be taken at any point in the quarter.

Faculty/staff members seeking a rehabilitation leave should contact the Chief Academic Officer. Any faculty or staff member who acknowledges a problem with drugs or alcohol, and who decides voluntarily to enroll in a rehabilitation program, may be granted a reasonable accommodation.  This accommodation may include time off without pay and/or an adjusted work schedule provided the accommodation does not impose an undue hardship on the institution.

The costs of participation will be paid by the faculty member or the faculty member's health insurance provider.

Off-Campus Resources

The following resources may be helpful to individuals with substance abuse problems:

Alcoholics Anonymous (805) 962-3332

Al-Anon (805) 899-8302

Cocaine Anonymous (805) 969-5178

Narcotics Anonymous (805) 569-1288

Substance Abuse And Mental Health Services Administration (800) 662-4357

The following resources may be helpful to people who are in a relationship with an individual with a substance abuse problem or who grew up in a drug or alcohol affected, or other types of dysfunctional homes.

Adult Children of Alcoholics 1-800-331-0503

Co-Dependents Anonymous (888) 444-2359

Al-Anon (805) 899-8302

Summary of federal laws and policy that support a drug-free and alcohol-free campus

1)   Pell Grant and Guaranteed Student Loans effective July 1987

2)   The Drug-Free Workplace Act, effective March 1989

3)   The Drug-Free Schools and Community Act Amendments, effective October 1990

Summary of this policy

1)   No student, faculty, or staff member should be in possession of, use, or distribute drugs and alcohol on campus or at any institutional activities.

2)   Applicable legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of alcohol or controlled substances are clearly outlined and available to view in the annual distribution of this information.

3)   A description of the health risks associated with drug and alcohol use.

4)   Referral and treatment information.

5)   A clear statement of disciplinary actions that the College will impose on students and employees who may violate this policy.

Financial Student Aid

LOSS OF AID ELIGIBILITY ASSOCIATED WITH DRUG-RELATED OFFENSES AND HOW TO REGAIN ELIGIBILITY (as taken directly from Volume 1 of the Student Financial Aid Handbook).

The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)

Possession of Illegal Drugs

1st Offense - 1 year from date of conviction

2nd Offense - 2 years from date of conviction

3+ Offenses - Indefinite period

Sale of Illegal Drugs

1st Offense - 2 years from date of conviction

2nd Offense - Indefinite period

3+ Offenses - Indefinite period

 

If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period.

Schools must provide each student who becomes ineligible for Title IV aid due to a drug conviction a clear and conspicuous written notice of his loss of eligibility and the methods whereby he can become eligible again.

A student regains eligibility the day after the period of ineligibility ends or when he successfully completes a qualified drug rehabilitation program or, effective beginning with the 2010–2011 award year, passes two unannounced drug tests given by such a program. Further drug convictions will make him ineligible again.

Students denied eligibility for an indefinite period can regain it after successfully completing a rehabilitation program (as described below), passing two unannounced drug tests from such a program, or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify to you that she has successfully completed the rehabilitation program; as with the conviction question on the FAFSA, you are not required to confirm the reported information unless you have conflicting information.

When a student regains eligibility during the award year, you may award Pell, ACG, National SMART, TEACH, and Campus-based aid for the current payment period and Direct and FFEL loans for the period of enrollment.

Standards for a Qualified Drug Rehabilitation Program

A qualified drug rehabilitation program must include at least two unannounced drug tests and must satisfy at least one of the following requirements:

  • Be qualified to receive funds directly or indirectly from a federal, state, or local government program.

  • Be qualified to receive payment directly or indirectly from a federally or state-licensed insurance company.

  • Be administered or recognized by a federal, state, or local government agency or court.

  • Be administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.

If you are counseling a student who will need to enter such a program, be sure to advise the student of these requirements. If a student certifies that he has successfully completed a drug rehabilitation program, but you have reason to believe that the program does not meet the requirements, you must find out if it does before paying the student any FSA funds.

Drug Convictions

HEA Section 484(r)

34 CFR 668.40

Drug Abuse Hold

The Anti-Drug Abuse Act of 1988 includes provisions that authorize federal and state judges to deny certain federal benefits, including student aid, to persons convicted of drug trafficking or possession. The CPS maintains a hold file of those who have received such a judgment, and it checks applicants against that file to determine if they should be denied aid. This is separate from the check for a drug conviction via question 23; confirmation of a student in the drug abuse hold file will produce a rejected application and a separate comment from those associated with responses to question 23. See the ISIR Guide for more information. 1–16 Vol. 1—Student Eligibility 2010–11 FSA HB JUL 2010

End of Policy.

(Last updated March of 2016)