Biennial Review Memo 2017-2018

 

MEMORANDUM

 

To:           University of Utah Asia Campus Faculty, Staff, and Students

 

From:      Dr. Ruth Watkins

                 Senior Vice President for Academic Affairs

                

Date:       September 13, 2017

 

Subject:  University of Utah Drug and Alcohol Abuse Prevention Program

 

 

The University of Utah is dedicated to providing a safe and healthy environment for its students, faculty, and staff.  The illegal use of drugs and alcohol can adversely affect the educational environment and may have devastating effects on the personal lives of those who abuse these substances.  For this reason, the University of Utah is a drug-free workplace and campus both in the United States and in Korea.

 

The federal Drug-Free Schools and Campuses Act requires institutions of higher education to have a drug and alcohol abuse prevention program (DAAPP).  This program must describe: I) legal sanctions under federal, state, and local law for the unlawful use, possession, or distribution of illicit drugs and alcohol; 2) a description of the health risks associated with the use of illicit drugs and the abuse of alcohol; 3) a description of any drug and alcohol programs that are available to employees or students; and 4) a clear statement that the school will impose disciplinary sanctions on students and employees for violations of the standards of conduct.

 

This memorandum distributed annually to all faculty, staff and students, describes the University’s DAAPP.  Please contact Randy Mcrillis, Dean of Students at the University of Utah Asia Campus,

 

Legal Sanctions: Federal, State, Local Law

 

Korean law prohibits the use, possession and distribution of narcotics, psychotropic drugs and marijuana.  Korean law also prohibits the sale or distribution of alcohol to a minor (someone under 19 years of age) as well as the driving of a motor vehicle while intoxicated (having a blood-alcohol of 0.05 percent or greater).  The Korean laws relating to drugs and alcohol are summarized below.

 

Korean Law Concerning Illegal Drugs

 

The use, possession and distribution of illegal drugs in Korea is governed by the Act on the Control of Narcotics (the “Narcotics Act”) (which, in 2000 combined three former Acts—the Cannabis Control Act, the Narcotics Act, and the Psychotropic Substance Control Act).  An English translation of the Narcotics Act may be found at this link:   http://www.spo.go.kr/eng/division/legislation/acton.jsp 

 

Any person in Korea is subject to a random test for drug use (typically a follicle test).  Non-Korean’s who are convicted of drug offenses may be deported.

 

The Narcotics Act governs three types of illegal drugs in Korea, narcotics (e.g., cocaine, opium, heroin), psychotropic drugs (e.g., methamphetamine (pilopon), LSD, Ketamine), and marijuana.  The following table summarizes the penalties associated with each classification of drug.

 

 

Drug Crime Penalty
Narcotic Possession and/or Use Imprisonment from 1-10 years or a fine of up to 100 million won
  Importing/Distribution/Trafficking Imprisonment for 5 years to life 
     
Psychotropic Possession and/or Use Imprisonment from 1-10 years or a fine of  up to 100 million won
  Distribution/Trafficking Imprisonment for 5 years to life
     
Marijuana Possession and or Use Imprisonment from 1-5 years or a fine of up to 50 million won
  Distribution/Trafficking Imprisonment from 1-5 years or a fine of up to 50 million won
  Importing Imprisonment from 5 years to life

 

*Any person who habitually commits one of the foregoing offenses is subject to an enhanced penalty which is typically 50% greater than the penalty for the first time offense. 

 

*Any person convicted of importing narcotics, psychotropic drugs or marijuana, or trafficking narcotics or psychotropic drugs, for profit-making purposes is subject to imprisonment from 10 years to life or the death penalty. 

 

Korean Law Concerning Alcohol Offenses

 

Under Korea’s Juvenile Protection Act, it is unlawful to sell or distribute alcohol to a juvenile (defined as a person who is under the age of 19).

 

Article 44(1) of the Road Traffic Act prohibits a person from driving a motor vehicle while intoxicated and provides that a person having a blood alcohol level of 0.05 percent or greater is intoxicated.  The level of punishment for violation of this article varies depending upon the level of intoxication and ranges from imprisonment for up to 3 years or a fine of 3-5 million won.  Multiple violations of this article may result in imprisonment for 1-3 years or a fine of 5-10 million won.

 

Health Risks

 

The use of any illicit drug or abuse of alcohol is potentially hazardous to your health.  Faculty, staff, and students should evaluate the health risks associated with use of illicit drugs or abuse of alcohol. Synthetically produced drugs may contain impurities and the true amounts and ingredients are rarely known.  The effects of a drug may be significantly different with each use.

 

The U.S. Drug Enforcement Administration states: “The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.”

 

According to Ralph W. Hingson, SC.D., Professor of Social Behavioral Sciences and Associate Dean for Research at Boston University School of Public Health, “The harm that college students do to themselves and others as a result of excessive drinking exceeds what many would have expected.” (http://www.nih.gov/news/pr/apr2002/niaaa-09.htm)

 

The National Institute of Alcohol Abuse & Alcoholism (NIAAA) provides comprehensive information and resources associated with alcohol abuse.  Some of the major health risks of alcohol abuse include alcohol dependence, lasting effects on the brain, sexual assault, and suicide. Visit: www.niaa.nih.gov for more information. For college students in particular, visit: www.collegedrinkingprevention.gov.

 

Health risks associated with other drugs are indicated in the following table: (Visit http://www.usdoj.gov/dea for more specific drug information)

 

                

 

Drugs Physical Dependence Psychological

Dependence

Possible Effects, Overdose and Withdrawal
Heroin High High Euphoria, drowsiness, respiratory depression, constricted pupils, nausea

 

Slow and shallow breathing, clammy skin, convulsions, coma, possible death

 

Yawning, loss of appetite, irritability, tremors, panic, craps, nausea, runny nose, chills and sweating, watery eyes

Morphine High  
Codeine Moderate Moderate
Other Narcotics – Percodan, Darvon, Talwin, Percocet, Opium, Demerol High-Low High-Low
Barbiturates – Amytal, Nembutal, Phenobarbital, Pentobarbital High-Moderate High- Moderate Slurred speech, disorientation, drunken behavior without odor of alcohol

 

Shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, possible death

 

Anxiety, insomnia, tremors, delirium, convulsions, possible death

Benzodiazepines – Ativan, Diazepam, Librium, Xanax, Valium, Tranxene, Versed, Halcion Low Low
Methaqualone Moderate Moderate
GHB    
Rohypnol    
Other Depressants Moderate Moderate
Cocaine Possible High Increased alertness, increased pulse rate and blood pressure, loss of appetite, euphoria, excitation, insomnia

 

Agitation, increased body temperature, hallucinations, convulsions, possible death

 

Apathy, long periods of sleep, irritability, depression, disorientation

Amphetamine Possible High
Methamphetamine Possible High
Ritalin Possible High
Other Stimulants Possible High
Marijuana Unknown Moderate Euphoria, relaxed inhibitions, increased appetite disorientation

Fatigue, paranoia, possible psychosis

 

Occasional reports of insomnia, hyperactivity, decreased appetite

THC, Marinol Unknown Moderate
Hashish Unknown Moderate
Hashish Oil Unknown Moderate
LSD None Unknown Illusions and hallucinations, altered perception of time and distance

 

Longer, more intense “trip” episodes, psychosis, possible death

 

Unknown

Mescaline & Peyote None Unknown
Psilocybin Mushrooms None Unknown
Ecstasy (MDMA) Unknown Unknown
Phencyclidine (PCP) Unknown High
Ketamine    
Other hallucinogens None Unknown
Testosterone Unknown Unknown Virilization, Testicular atrophy, acne, edema, gynecomastia, aggressive behavior

 

Unknown

 

Possible depression

Nandrolone Unknown Unknown
Oxymethalone Unknown Unknown

 

Drug and Alcohol Programs Available at the University of Utah

 

The University’s Drug Free Workplace Policy recognizes that rehabilitation of employees and students for drug and alcohol violations is preferred to discipline.  Policy 5-113(IV)(D).  The University of Utah offers faculty, staff, and students a variety of alcohol and drug treatment options. Faculty and staff can contact the University’s Employee Assistance Program (EAP) for information and referrals for treatment. Call the EAP at (801) 587-9391.   

 

 

University Discipline for Violations of Drug and Alcohol Policies

 

The University of Utah Asia Campus complies with Korean laws and penalties regarding the misuse of legal drugs (alcohol) and use of illegal drugs.  In addition to the criminal sanctions that may apply, the University of Utah will impose discipline on any employee or student who violates the University’s drug and alcohol policies.   

 

Student Policy and Discipline

 

University Policy 6-400 is the Code of Student Rights and Responsibilities (“Student Code”).  Section III of the Student Code governs student behavior on campus.  The Student Code specifically prohibits the “Use, possession  or distribution of any narcotic or other controlled substance on University premises, at University activities, or on premises over which the University may has supervisory responsibility pursuant to state statute or local ordinance, except as permitted by law and University regulations.”  Policy 6-400, Section 3(A)(8). 

 

The Student Code prohibits the “Use possession or distribution of alcoholic beverages of any type on University premises except as permitted by law and University regulations.”  Policy 6-400, Section 3(A)(9). 

 

The Student Code also prohibits the “Violation of federal, state or local civil or criminal/laws on University premises, while participating in University activities, or on premises over which the University has supervisory responsibility pursuant to state statute or local ordinance.” Policy 6-400, Section 3(A)(11).

 

 

The foregoing provisions apply both to the main campus and to the Utah Asia Campus.  Violation of the drug and alcohol provisions of the Student Code may result in one or more of the following criminal consequences and/or sanctions:

 

  • Prosecution under Korean law as appropriate to the law violated, and/or

 

  • Disciplinary action under the Student Code with possible sanctions that may include suspension or expulsion dependent upon the nature of the offense, circumstances, and previous violations.

 

In addition to these sanctions, students who violate the Standards of Behavior should expect to be involved in processes indicated by the matrix below.

 

Since a variety of factors must be considered when sanctioning, sanctions may be increased or decreased at the discretion of university personnel responsible for administering the Student Code.  Factors affecting the imposition of sanctions include such issues as the severity of the incident, impact upon other individuals or the community, and other prior judicial history. The matrix below represents examples of actions that could be or are typically taken with students who violate the student code regarding alcohol and drug use on campus. Korean laws may also apply to alcohol and drug violations.

 

 

1st Violation 2nd  Violation 3rd Violation
– Meeting with Dean of

Students

– Alcohol & Drug

– Parental notification

– Legal consequences

– Meeting  with  Dean of Students

– Clinical assessment

– Parental notification

– Legal consequences

 

– Meeting with Dean of

Students

– Parental notification

– Suspension/expulsion

from university

– Legal consequences

 

Faculty and Staff Policy and Discipline

 

University Policy 5-113 is the University’s Drug Free Workplace Policy.  This Policy provides:

 

  1. It is University Policy to maintain a drug-free It shall be a violation of this policy for employees to engage in the unlawful manufacture, distribution, dispensation, possession and/or use of a controlled substance or alcohol at a university workplace, or while engaged in university business off campus.
  2. Any person accepting employment with the university agrees to abide by the terms of this policy and procedure.

 

The University’s Code of Faculty Rights and Responsibilities (“Faculty Code”) expressly recognizes:   “Faculty members may also be subject to discipline for violation of the Drug-Free Workplace Policy (Policy 5-113) and the Field Trip Policy (Policy 10-003) in accordance with the procedures described in those policies.  Policy 6-316, Section 4(8).  

 

Sections 5 and 6 of the Faculty Code outline the sanctions and procedures for imposing faculty discipline for violations of the Faculty Code. Discipline may include a range of sanctions including a written reprimand, suspension or dismissal. Policy 6-316, Sections 5 & 6.

 

Staff employees may be disciplined for violating any University policies.  Utah Policy 5-111 and Rules 5-111A and 5-111B outline the process for imposing University discipline for violation of workplace policies and standards.  University Rule 5-111C recognizes that violations of the Drug Free Workplace rules may pose particular risks to the University community.  It defines as “egregious behavior” the “Use, being under the influence or possession of alcohol in violation of the University’s Alcohol related policies 3-192, 5-113 and 5-114; or illegal use of drugs and/or being under the influence of illegal drugs while on University property or when engaged in University business and when such conduct poses a serious threat of harm to people, property and/or resources of the University.”  Egregious behavior may result in termination upon one instance of misconduct.  Rule 5-111C.  Pursuant to their contracts with the UAC, staff employed at the UAC are subject all of the University’s Regulations including these drug and alcohol policies.

 

Any employee of the University who violates the Drug Free Workplace policy may be required to participate in a drug or alcohol abuse assistance or rehabilitation program approved by the director of human resources in accordance with Korean law.