HUERTAS JUNIOR COLLEGE CAGUAS, PUERTO RICO. The Drug-Free Schools and Communities Act Amendments of 1989

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1 HUERTAS JUNIOR COLLEGE CAGUAS, PUERTO RICO The Drug-Free Schools and Communities Act Amendments of 1989 This Regulation requires that educational institutions adopt a program to offer services and guidance about the use and abuse of drugs and alcohol. In addition to comply with the law requirement, Huertas Junior College has adopted the prohibition of use or consumption of drugs and alcohol in the institutional physical facilities. INSTITUTIONAL POLICY TO MAINTAIN THE INSTITUTION FREE OF DRUGS AND ALCOHOL (STUDENT COMPONENT) Introduction This Policy is established with the main objective of diffusing within the student community, the consequences of using, managing or distributing illicit drugs in the Institution s physical facilities in the academic environment the use, management or distribution of illicit drugs in the Institutions physical facilities. It also establishes intervention protocols in cases of drug or alcohol abuse in the Institutions physical facilities or Practice Centers of health School Programs in cases where doping tests are required and draw a positive result. This Policy does not apply to students enrolled in continuing education courses that require the use of distilled spirits. It establishes the intervention protocol and possible disciplinary actions to students who fail guarantee a drug and alcohol free environment. Regulations in this Policy apply to all activities held in the Institutions physical facilities. Also, it s extended to every activity officially sponsored by the Institution, but celebrated off campus. Students, professors and employees must comply with this regulation. The Law of Controlled Substances of Puerto Rico prohibits the manufacture, possession, sale and distribution of any controlled substance, illegal or narcotic drugs. Cocaine, marijuana, heroin, amphetamines and other stimulants, narcotics, crack, opium, morphine, LSD, barbiturates, mescaline (peyote) and hallucinogenic substances are forbidden by law. The law establishes a penalty of imprisonment for, at least, two years and a fine of $5,. It also prohibits the sale of tobacco derivate to any underage individual. The Department of Health has notified that smoking is harmful to health. Law 4 regulates the places where smoking is prohibited, except for designated areas. Huertas Junior College prohibits smoking in administrative offices, classrooms, skill laboratories, Learning Resources Center, Wellness Center, Huertas Coffee N Books and any other student services facilities.

2 Applicable Laws The Drug-Free Schools Act of 199 promulgated by the Federal Department of Education and the regulations that serve as a guide to enforce the Drug-Free Workplace Act of 1988, establish that all higher education institutions may adopt policies that guarantees a free-drug and alcohol working and studying environment. The federal law also establishes that any person that is convicted for a criminal action related with the use, sale or possession of illegal drugs will lose the eligibility to receive federal funds. Applicable laws: Drug-Free Schools and Communities Act of 1989, Sections 1213, 2 U.S.CA. 11 h and 1111, as amended The Adopted Regulations by the Department of Education of the United States to Implant such Laws, 34 CFR parts 85 and 86; 48 CFR subpart 23.5 Drug-Free Workplace Act of 1988 (Public Law -69 approved on November 18 th, 1988 and amended, 41 USC 71) Drug-Free Schools and Communities Act, amendment of 1989 (Public Law ) approved on December 12 th 1989, (24 LPRA) and amended, 34 CFR ) Controlled Substances Law of Puerto Rico, Law Number 4 of June 23 rd, 1971, as amended. The Law Number 59 of August 8 th, 1997, regulates the tests to detect the use of drugs in private sector, by establishing, by the employer, Programs to Detect the Use of Illegal, Controlled Substances General Guidance about Prevention The Institution has available printed material regarding prevention of the use and abuse of drugs and alcohol. The Health Services Coordinator and the personnel of the Guidance and Counseling Office are responsible to offer information about this to topic to individuals. This Office offers conferences, information booths and group guidance as prevention mechanisms. They also coordinate with external resources on bringing information to our college community regarding this topic. On the other hand, there are other institutional resources available to help students requiring special attention: The Associate Vice President for Student Success Guidance and Counseling Office personnel Health Services Center Director of Financial Aid Office General Policy

3 Huertas Junior College in its best interest on keeping a safe environment that facilitates the learning process has created a drug and alcohol use policy. It is in compliance with the Drug- Free Schools and Communities Act, amendment of 1989 (Public Law ) approved on December 12 th 1989, (24 LPRA) and amended, 34 CFR ) and the Internal Regulations of the Department of Defense of the United States. The use, management or distribution of controlled substances in the institutional facilities will be considered illegal practices that will result in disciplinary actions. Consuming alcohol in our facilities is prohibited by law. However, alcohol is authorized for the laboratories of those Programs or continuing education courses that require it. The management of distilled spirits in these laboratories is considered fundamental to the teaching learning process. The institution s best interest is to guarantee, as it may be possible, a work and study environment free of controlled substances that will allow the most adequate and efficient use of the institutional resources. DISCIPLINARY REGULATIONS Cases of Use, Sale or Possession of Controlled Substances 1. The Associate Vice President for Student Success or the Student Life Assistant in her/his absence will appoint a Disciplinary Committee which must investigate the incident within the next three days. The Committee will be constituted by the Guidance and Counseling Director, one professor, the Dean of the Academic School in which the student is enrolled, one student and the Financial Aid Director. 2. The Disciplinary Committee will meet and hear all the affected parts and the witnesses if estimated convenient. Within the next ten days after the hearing, the Committee will submit a report with recommendations to the Associate Vice President for Student Success. 3. The Associate Vice President for Student Success will make a final decision and will notify all parts involved within the next ten days after the Disciplinary Committee has submitted its report. 4. The final decision may include, but is not limited to, one of the following disciplinary actions: Documented Verbal Warning Written Warning with copy to the student s academic record Student suspension during the remainder of the semester, one or more semesters, but not permanently. Permanent suspension of the Institution. Police intervention required. A student that is convicted for a criminal action regarding the possession, sale or distribution of controlled substances, under the federal or state laws, cannot receive Title IV Federal Funds. It

4 does not include alcohol, doping tests and tobacco. Students that are convicted for a criminal action regarding the possession, sale or distribution of controlled substances, under the federal or state laws, are suspended immediately of Title IV Federal Funds benefits (Pell Grant, Federal Loans and Work Study Program and others). The ineligibility begins since the day in which the student is convicted and last in accordance with the following chart: Controlled substances possession 1 st Offense - one year Controlled substances possession 2 nd Offense - two years Controlled substances possession 3 rd Offense - indefinitely Sale of controlled substances 1 st Offense two years Sale of controlled substances 2 nd Offense indefinitely Case of Use of Alcohol 1. Those students, who are active in the use of alcohol within the Institution s facilities or official activities sponsored by the Institution off campus, will be referred to the Associate Vice President for Student Success. Those cases in which the Program of Study or continuing education courses require to manage distilled spirits are excluded. 2. The Associate Vice President for Student Success or the Student Life Assistant in her/his absence will appoint a Disciplinary Committee which must investigate the incident within the next three days. The Committee will be constituted by one professor, one student and the Guidance and Counseling Director. 3. The Disciplinary Committee will meet and hear all the affected parts and the witnesses estimated convenient. Within the next ten days after hearing all parts, the Committee will submit a report with recommendations to the Associate Vice President for Student Success. 4. The Associate Vice President for Student Success will make a final decision and will notify all parts involved within the next ten days after the Disciplinary Committee has submitted its report. 5. The final decision may include, but is not limited to, one of the following disciplinary actions: Documented Verbal Warning Written Warning with copy to the student s academic record Student suspension during the remainder of the semester, one or more semesters, but not permanently. Permanent suspension of the Institution. Police intervention if required. Cases of Positive Results in Doping Tests

5 The Institution does not require doping tests in its Admission Policy. However, some Practice Centers of the Health School Programs require doping test prior to a practice. Those cases in which the result to a doping test is positive, the intervention protocol is as follows: 1. The Program Coordinator or Practicum Coordinator receives the result of the test. 2. The Program Coordinator or Practicum Coordinator arranges a meeting with the student, in order to notify that he/she will not be able to continue his/her practice. The student is informed that next semester he/she may repeat the doping test and submit the results to the Institution before enrolling his practicum course. 3. The Program Coordinator or Practicum Coordinator refers the student confidentially to the Director or Counselor at the Guidance and Counseling Office for general guidance. 4. The Guidance and Counseling Office personnel proceeds with the intervention considering the following: Genuine interest in the selected Program in order to recommend a partial withdrawal of the Practicum course or internal transfer. Type of drug that the student uses in order to evaluate the possibility to refer the student to an entity that can help him/her to overcome the problem. Repeat the doping test next semester and submit the results before enrolling in the Practicum course. Make the student aware of the effects in his personal, professional and student life if consuming drugs continue. 5. The personnel of the Guidance and Counseling Office that worked the intervention will inform the agreements made with the student. Appeal Procedure in Case of Disciplinary Action Related cases to the use of alcohol, use, sale or possession of drugs in the institutional facilities, the student will have the right to appeal within the next ten days after receiving the disciplinary action notification. He/She may submit a written statement to the President of the Institution. The President can: revoke, maintain or modify the decision adopted by the Disciplinary Committee. The decision will be notified to all parts involved within the next 2 days after the President signs the Resolution. This decision is final and irrevocable. General Dispositions The dispositions for this Policy may be interpreted in several ways, under the rules that was composed and every applicable law. The dispositions stated in this Policy are separable among themselves; for that reason the declaration of invalidity of one of them, does not affect the others which may be applied when needed.

6 HUERTAS JUNIOR COLLEGE CAGUAS, PUERTO RICO Plan Effectiveness ITEM CRITERIA VIOLATIONS 1. This Regulation requires that educational institutions adopt a program to offer services and guidance about the use and abuse of drugs and alcohol. To comply with the law requirement, Huertas Junior College has adopted the prohibition of distribution, use or consumption of drugs and/or alcohol in the institutional physical facilities or during its activities. Huertas provides students with orientation, written information and professional guidance to all first time students and provides its student population with constant reminders of its policy throughout the year in institutional website. 2. Use, management or distribution of controlled substances in the institutional facilities. The school has not detected any incident during the past four years involving distribution of controlled substances in its institutional facilities or activities. The school has trained its personnel in early detection of possible violations. Early detection starts at admission level and continues throughout the enrollment period. The school has a restricted access to its campus facility and security personnel throughout the school. This has proven to be an effective deterrent. As a rule he school takes special care during admission process to insure admission of students who are not involved in this terrible tragedy. 3. Controlled substances possession There have been no instances of controlled substances possession reported during the past years. Instructors, educational personnel have been trained as to the procedure to follow in such instances. 4. Sale of controlled substances There have been no instances of sales of controlled substances possession reported during the past years. Instructors, educational personnel have been trained as to the procedure to follow in such instances.

7 5. Manufacture, possession, sale and distribution of any controlled substance, illegal or narcotic drugs. Cocaine, marijuana, heroin, amphetamines and other stimulants, narcotics, crack, opium, morphine, LSD, barbiturates, mescaline (peyote) and hallucinogenic substances There are no reported cases of this activity. However the school is constantly reminding students of the consequences of violating this code. The school publishes and exhibits throughout its facilities the code and the consequences of not meeting its requirements. 6. Controlled substances possession. The law prohibits the manufacture, possession, sale and distribution of any controlled substance, illegal or narcotic drugs. Cocaine, marijuana, heroin, amphetamines and other stimulants, narcotics, crack, opium, morphine, LSD, barbiturates, mescaline (peyote) and hallucinogenic substances are forbidden by law. There are no reported cases of this activity. However the school is constantly reminding students of the consequences of violating this code. The school publishes and exhibits throughout its facilities the code and the consequences of not meeting its requirements. 7. The federal law also establishes that any person that is convicted for a criminal action related with the use, sale or possession of illegal drugs will lose the eligibility to receive federal funds. Since there are no reported cases involving this violation we have not had need to apply this regulation The Institution has available printed material regarding prevention of the use and abuse of drugs and alcohol. The Health Services Coordinator and the personnel of the Guidance and Counseling Office are responsible to offer information about this to topic to individuals. Program results are reviewed each year during the review of the school development plan. If any changes are needed it is at time that action takes place. That is unless the situation is of such magnitude that requires immediate action. If it requires immediate action school administration and the Board of Directors will take appropriate action.