POLICIES
University of Denver – Compliance with the Drug Free Schools and Communities Act
The University of Denver promotes a healthy and safe educational, professional, and residential community where alcohol and other drugs does not interfere with individual performance, personal success, public safety or the integrity of the learning environment. The university informs campus community members about resources for preventing or treating substance abuse and helps to influence healthy decisions about alcohol and other drugs.
Prevention of substance abuse is sought in several ways by:
• Promoting accurate information on drug use
• Encouraging healthy use of leisure time through recreation and other activities
• Enhancing skills for dealing with stress
• Working through campus leaders and influencers to establish a healthier environment
The Drug-Free Schools and Communities Act Amendments of 1989 require all institutions of higher education receiving any form of financial assistance to adopt and implement programs to “to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities (EDGAR Part 86 Subpart A 86:3).” As part of this initiative, institutions of higher education are required to provide annual notification to all students and employees regarding the institution’s Drug and Alcohol Abuse Prevention Program.
The annual notification must contain the following:
1. Standards of conduct
2. Legal sanctions under federal, state or local laws for the unlawful possession or distribution of illicit drugs and alcohol
3. Health risks associated with the abuse of alcohol or the use of illicit drugs 4. Drug and alcohol programs available
5. A statement that the institution will impose disciplinary sanctions on students and employees who violate the standards of conduct and a description of those sanctions
The University of Denver is pleased to share this important information with its students and employees. This document will be reviewed for accuracy on an ongoing basis. Every two years, the University of Denver administration will conduct a review of this program and its effectiveness. Additionally, the University of Denver’s Department of Human Resources & Inclusive Community maintains this document on its website, establishing DU as a drug-free workplace.
Federal law and this policy require all university employees, as a condition of their employment, to notify the university within five days should they be convicted of violating, while at the workplace, any criminal drug statute.
The university is then required to notify the applicable federal agency if the employee is directly or indirectly engaged in the performance of a federal grant or contract. Additionally, the University shall notify the granting or contracting agency (if required) within ten days of receiving notice that a person employed on any of the University's federal grants and contracts was convicted of violating, while at the workplace, a criminal drug statute.
The university shall impose an appropriate sanction on and/or shall require satisfactory participation in a drug abuse treatment program by any employee convicted of a criminal drug statute violation as described above.
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The university shall maintain a drug-free awareness program to inform employees about the dangers of drug abuse, and the availability of the Employee Assistance Program, drug counseling, rehabilitation, and other assistance programs. In addition, all employees shall receive descriptions of applicable legal sanctions under local, state, or federal law and health risks associated with the abuse of drugs and alcohol.
University of Denver’s’ Smoke-Free Policy
University of Denver Policy Manual
Policy Number 3.20.050 Smoking Tobacco On Campus
In response to public health concerns related to second-hand smoke from tobacco products, it shall be the policy of the University that smoking will not be allowed in either indoor or outdoor areas of the campus. This smoking ban does not apply to public rights-of-way (sidewalks, streets) on the perimeter of the campus. Because of the high traffic of visitors to the University at the Newman Center for the Performing Arts and the Ritchie Center for Sports and Wellness, the University will establish designated areas outside of these venues where smoking will be permitted. These areas will be located at least 25 feet from the perimeter of these buildings.
A. Requirements
1. The University is a 100% smoke-free campus, meaning the use of smoking products is prohibited on all University owned and operated campus grounds both indoors and outdoors.
2. Smoking products include but are not limited to all cigarette products (cigarettes, e-cigarettes, bidis, kreteks, etc.) and all smoke- producing products (cigars, pipes, hookahs, etc.).
3. "University-owned and operated campus grounds" include but are not limited to all outdoor common and educational areas, all University buildings, fraternities and sororities, University-owned on-campus housing, campus sidewalks, campus parking lots, recreational areas, outdoor stadiums and University-owned and leased vehicles (regardless of location).
4. In keeping with this University Policy, it is our guidance that the sale, distribution, and sampling of all tobacco products and tobacco- related merchandise is prohibited on all University owned and operated property and at University sponsored events.
5. It is our guidance that the sponsorship of University associations and/or University events by organizations that promote tobacco use is prohibited. Additionally, the advertisement of tobacco products on University-owned and operated property or at University events is prohibited.
6. This Policy applies to all employees, students, visitors, contractors and external individuals or companies renting University-owned space.
The University will establish designated areas outside of The Newman Center for the Performing Arts and the Ritchie Center where smoking will be permitted. These areas will be located at least 25 feet from the perimeter of each building.
University of Denver’s Alcohol and Illegal Drugs Polices
The University’s policies uphold state and federal laws regarding alcohol and illegal substances and maintain institutional compliance with the federal Drug‐Free Schools and Communities Act. The illegal use, possession or sale of alcohol on institutionally-owned or controlled property or as part of any university activity is prohibited conduct. The illegal use, possession, distribution, dispensing or manufacturing of controlled substances on institutionally-owned or controlled property or as part of any university activity is prohibited conduct.
The university may impose educational outcomes and/or disciplinary sanctions against any student found to have violated these rules, consistent with applicable provisions of federal and state laws, administrative rules and regulations; and university policies. The permissible sanctions include, but are not limited to, suspension or dismissal. The university may impose disciplinary sanctions against employees found to have violated these rules, consistent with applicable provisions of administrative rules, state and/or federal laws; collective bargaining agreements; and university policies. The permissible sanctions include, but are not limited to, suspension without
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pay and termination of employment. The university also reserves the right to refer employees’ and students' actions to appropriate civil authorities for possible prosecution.
University of Denver’s Drug and Alcohol Statement of Policies for Employees
Employees at DU must abide by all DU drug and alcohol policies as well as local, state and federal drug and alcohol laws, as a condition of their employment. The University’s policies for employees on alcohol and drugs are defined below. For a complete copy of DU’s drug and alcohol policies, employees may contact the Department of Human Resources or access the documents on the University’s website: https://www.du.edu/bfa/policies.html
University of Denver Policy Manual
Policy Number 3.20.010 – Alcohol Consumption and Resources: Faculty and Staff Alcohol Use
I. The University strives to promote a healthy and safe educational, professional, and residential community where alcohol does not interfere with individual performance, personal success, public safety, or the integrity of the learning environment. The University’s policies uphold state and federal laws regarding alcohol and other substances and maintain institutional compliance with the federal Drug-Free Schools and Communities Act. In addition, these polices emphasize the University’s commitment to the following principles:
1. Empowering students and employees with the information and skills needed to adopt healthy and safe behaviors.
2. Providing early intervention, support, and referral services to students and employees suffering from substance abuse disorders.
3. Defining expectations for conduct with respect to the use of alcohol.
4. Creating a campus environment that supports the values of the University and reflects those values to the public.
II. Individuals who consume alcohol, either on University Premises or while engaged in University-related activities in the community, must follow the University’s policies. These policies are guided by the following beliefs:
1. Consumption of alcoholic beverages should be limited to persons of legal age and undertaken only by personal choice.
2. Those who choose to consume alcoholic beverages should do so responsibly and in moderation.
3. Behaviors related to the misuse of alcohol pose a danger to the individual, members of the campus community, and the learning environment.
4. The use of University resources for the purchase of alcohol are resources that could be deployed directly toward student learning. Therefore, decisions made about the use of University Funds should reflect good stewardship of our students’ tuition dollars.
4. Faculty and Staff Alcohol Use Policy - The University discourages the consumption of alcoholic beverages during working hours or during the discharge of University duties (whether or not on University premises). Although moderate consumption with meals or during social events is not prohibited, individuals must not report to work under the influence of alcohol.
i. Enforcement - If an employee’s supervisor has reasonable grounds to believe, based on observations by the supervisor or others the supervisor believes to be reliable, that the employee is under the influence of alcohol while at work, the employee may be deemed to have violated this policy and may be required to leave the workplace immediately. The University may, but is not obligated to, provide transportation to the employee’s destination. To the extent permitted by law, the University may require any employee to submit to a blood alcohol test administered by University‐ designated laboratories or physicians. If the test indicates that the employee has a blood alcohol level of .5 or higher, the employee is considered to be under the influence. Refusal to consent to an alcohol test may result in disciplinary action. A written admission of being under the influence of alcohol may be allowed in lieu of testing.
ii. Charges - The University reserves the right to discipline employees found to be in violation of this policy or in violation of applicable laws related to the possession or consumption of alcoholic beverages. Disciplinary action may include immediate termination of an employee. The selection of a disciplinary action for any particular case is at the University’s sole discretion.
University of Denver Policy Manual
University Policy Number 3.20.020 – Possession, Use or Distribution of Controlled Substances in the Workplace
ANNUAL SECURITY AND FIRE SAFETY REPORT | 79 II. Policy Overview: The University is committed to a drug-free workplace and prohibits the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substances by employees, students, subcontractors, consultants, and visitors. It is the University's Policy to maintain a drug-free workplace and to comply with all reporting and other obligations as imposed by the Drug-Free Workplace Act of 1988, as amended, and the Drug-Free Schools and Communities Act of 1986, as amended.
III. Process Overview: Anyone who has a concern about the unlawful manufacture, distribution, dispensing, possession or use of controlled substances should immediately contact one of the following resources for assistance:
1. The Employee Assistance Program for referrals on treatment and related issues.
2. Campus Safety to report incidents of illegal activity.
3. The Department of Human Resources and Inclusive Community for assistance on the disciplinary process or policy related issues.
4. If an employee's supervisor has reasonable grounds to believe, based on observation by the supervisor or by others whom the supervisor believes to be reliable, that the employee may be under the influence of illegal drugs or improperly under the influence of controlled substances, then the employee may be deemed to have violated this Policy and may be required to leave the workplace immediately. The University reserves the right to conduct drug or alcohol testing of its employees. The University may, but is not obligated to, provide transportation to the employee's destination.
The University reserves the right to discipline employees found to be in violation of this Policy or violation of applicable laws related to the unlawful manufacture, distribution, dispensing, possession or use of controlled substances. Disciplinary action may include immediate termination of an employee. The selection of a disciplinary action for any particular case shall be at the University's sole discretion.
University of Denver’s Drug and Alcohol Statement of Policies for Students
The mission of the University of Denver is to promote learning by engaging students, advancing scholarly inquiry, cultivating critical thought and creating knowledge. To foster an environment in which this mission can be realized, certain expectations must be placed upon each member of the University community. These expectations are non‐negotiable and are enforced.
Students are expected to know and to understand their rights as well as their responsibilities to be a positive and successful community member at the University. All Students at the University should review the Honor Code to understand the expectations, policies, and procedures one can expect if a policy is violated.
Action taken by the University through the Student Rights and Responsibilities Process to address student misconduct is not intended to replace or conflict with other lawful means of accountability, including, but not limited to, criminal charges and/or civil action. Regardless of whether formal criminal charges are filed over alleged behavior, the University may pursue disciplinary action under the Honor Code as deemed appropriate. Such action normally is not deferred or postponed solely due to concurrent criminal or civil proceedings, nor is the reduction or dismissal of criminal charges taken as reason to defer disciplinary action.
Repeat policy violations may result in increased levels of disciplinary action. For example, a student placed on Student Conduct probation for possession of cannabis may risk suspension for any further violation of policy. Additionally, any outcomes imposed as a result of disciplinary action are mandatory and must be completed if the student expects to continue their education. Student Rights and Responsibilities reserves the right to modify these guidelines as warranted by individual cases. Additional outcomes may be imposed by University departments, such as Housing and Residential Education, Fraternity & Sorority Life, Athletics, etc., or as determined in the Honor Code and/or relevant University standards.
The University’s policies for students on alcohol and drugs are defined below; however, all students should be familiar with the entire Honor Code. More information on the Student Rights and Responsibilities Process, including the complete text of the Honor Code, as upheld by the Student Rights and Responsibilities Policies, can be found in Appendix B of this document and on the Student Rights and Responsibilities website: https://www.du.edu/studentlife/studentconduct/honorcode.html
University of Denver
Office of Student Rights and Responsibilities Procedures - Student Honor Code – Alcohol Misuse:
B.` Alcohol Misuse includes the following:
1. Unauthorized Possession: Possession and/or use of alcoholic beverages by any person under the legal drinking age of the United States (currently twenty-one (21) years of age), unless expressly permitted by law and University Policy.
ANNUAL SECURITY AND FIRE SAFETY REPORT | 80 2. Unauthorized Distribution: The manufacturing and/or delivery of alcohol, except as expressly permitted by law and University Policies. Students may not provide alcoholic beverages to any person under the legal drinking age of the United States (currently twenty-one (21) years of age).
3. Intoxication: Being under the influence of alcohol to the point of causing a disruption to University activities and/or endangering one’s own health or safety regardless of age.
4. Coerced Consumption: Any act that causes a person to consume alcohol without their Effective Consent.
5. Paraphernalia: Any possession or use of paraphernalia used to facilitate the unauthorized use or rapid consumption or distribution of alcohol, including, but is not limited to, beer bongs or similar items.
University of Denver
Office of Student Rights and Responsibilities Procedures - Student Honor Code – Drug Misuse:
D. Drug Misuse includes the following:
1. Unauthorized Possession: Possession and/or use of any Federally Illegal Drug, or any possession and/or use of any prescription drug or other controlled substance except under the direction of a licensed physician and with a valid prescription.
The University prohibits possession and/or use of cannabis, including medical cannabis, on University Premises in all circumstances.
2. Distribution: Manufacturing and/or delivery of any Federally Illegal Drug, prescription drugs, or other controlled substance, including cannabis in any form.
3. Intoxication: Being under the influence of any Federally Illegal Drug, prescription or non-prescription drug, or other controlled substance to the point of causing a disruption to University activities and/or endangering one’s own health or safety regardless of age.
4. Coerced Consumption: Any act that causes a person to ingest any Federally Illegal Drug, prescription drug, or other controlled substance without their Effective Consent.
5. Paraphernalia: Any possession or use of paraphernalia used to facilitate the unauthorized or rapid use or distribution of any Federally Illegal Drug or other controlled substance regardless of age; including but not limited to, cannabis pipes, bongs and scales or other measuring devices.
6. CBD: The use of cannabidiol (CBD) is restricted to products with no levels of THC. The product must remain in the original container and the container must state the product has no THC levels. All other CBD products are not allowed in University owned or operated housing or on University Premises.
University of Denver’s Housing and Residential Education
Students residing in campus housing must additionally abide by the DU Housing and Residential Education (HRE) drug and alcohol policy. Students are responsible for knowing and abiding by all University Honor Code Policies and HRE policies and regulations. Any violation of the following regulations are subject to the HRE Conduct Process and/or a referral to the Office of Student Rights and Responsibilities. The HRE Conduct Process is an extension of the University of Denver Student Rights and Responsibilities Process. HRE’s policies are outlined in their “Guide to Residence Living”, which is provided to incoming students residing in campus housing as well as accessible on HRE’s website:
du.edu/housing/resources/undergradpolicies.html.
The following are excerpts that pertain specifically to the prohibited acts associated with the possession, use, delivery or manufacturing of alcohol or drugs.
University of Denver
Housing and Residential Education
Guide to Residential Living - Alcohol Policy:
In addition to the policies outlined in the University of Denver Honor Code, residents and guests in University owned or operated housing are expected to uphold all policies in this Guide to Residence Living. Any potential violation of policies may be documented and processed through the Student Rights & Responsibilities process as outlined in the University of Denver Honor Code. If/when guests are permitted, you are responsible for informing your guests of all the policies listed in this document, as well as in all other