Policy on Illicit Drug Use on Campus

The purpose of this policy is to inform CSUMB employees and students about the detrimental effects of illicit drug use, to highlight the prevention and treatment programs and resources available to them, to reference applicable federal and state legal sanctions, and to underscore that disciplinary actions may be imposed as a result of violating this policy.

This policy complies with the Student Code of Conduct, California State University Executive Order #930, the Drug-Free Workplace Act of 1988, the Drug-Free Schools and Campuses Act of 1989, and all applicable state and federal laws.

This policy is intended to reflect the University's commitment to the principles, goals, and ideals described in the CSU Monterey Bay Vision Statement and to its core values.

2.00 Definitions

Illicit Drug Use: The non-medical use of any dangerous drug, restricted drug, or narcotic as those terms are used in California statutes, and all substances regulated under federal law through the Controlled Substances Act, including but not limited to non-medical marijuana, cocaine derivatives, heroin, “crack,” amphetamines, barbiturates, LSD, PCP; substances typically known as “designer drugs” such as “ecstasy” and “eve;” and/or scheduled drugs considered to be controlled substances listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. § 812), and are further defined by regulations 21 C.F.R. § 1308.11 through 1308.15.

3.00 Prohibition on Drugs

The unlawful manufacture, distribution (by either sale or gift), dispensing, possession or use of illicit drugs is prohibited on any buildings, grounds, or property that is owned, operated, or leased by CSU Monterey Bay, the University Corporation at Monterey Bay, or the Foundation of CSU Monterey Bay. The University Police Department is responsible for enforcing Federal and State laws related to illicit drugs.

4.00 Programs and Resources

4.10 Educational Resources about the Health Risks Associated with Substance Abuse

Educational resources are available to all members of the campus community through the Campus Health Center and the Personal Growth and Counseling Center. These resources include information and literature about the health risks associated with substance abuse. Education programs and activities may include residence hall education programs, participation in National Collegiate Alcohol Awareness Week, staff and faculty education, and incorporation of alcohol and drug abuse education into the curriculum. The following are examples of the risks described in the educational resources:

  • Substance abuse dependence may result in a wide spectrum of extremely serious health and behavioral problems. Substance abuse results in both short-term and long-term effects upon the body and mind.
  • Acute health problems may include heart attack, stroke, and sudden death -- which, in the case of some drugs such as cocaine, can occur after first-time use.
  • Long-lasting health effects of drugs use may include disruption of normal heart rhythm, high blood pressure, leaks of blood vessels in the brain, bleeding and destruction of brain cells and permanent memory loss, infertility, impotency, immune system impairment, kidney failure, cirrhosis of the liver, and pulmonary damage.
  • Drug use during pregnancy may result in fetal damage and birth defects causing hyperactivity, neurological abnormalities, and developmental difficulties.
  • In addition to the problem of toxicity, contaminant poisoning often occurs with illegal drug use. HIV infection associated with intravenous drug use is a prevalent hazard.
  • Persons with substance abuse and dependency problems create excessive safety risks for themselves, their colleagues and friends, and the community at large. A person who is mentally or physically impaired because of alcohol or drug use may behave in careless and unsafe ways. Substance abuse may noticeable affect one’s job and/or academic performance, which may, over time, decline in quality.

4.20 Prevention and Assistance Programs

The University provides a variety of services to prevent and address alcohol and drug use among students and employees. The University supports a variety of campus organizations and activities that promote alcohol-free and drug-free experiences. All members of the University community are encouraged to participate in relevant alcohol and drug educations and awareness activities.

The Personal Growth and Counseling Center provides counseling and referral for students with drug use and alcohol-related concerns. In addition, consultation is provided to faculty, staff, or students concerned about a student’s well-being. However, medical or counseling information regarding a specific student cannot be divulged.

The Employee Assistance Program provides confidential counseling and referral for all employees regarding substance abuse concerns. Employees should consult their health care benefit plan to determine coverage for off campus services.

4.30 Treatment and Services

Students in need of assistance due to problems related to the use of illicit substances may be referred to drug education activities, counseling, and/or other community agencies. Such activities and assistance may be available through existing University entities such as Campus Health Center and the Personal Growth and Counseling Center, or may be offered in conjunction with community-based substance abuse programs.

Employees in need of assistance due to problems related to the use of illicit drugs may be referred to services such as Employee Assistance Program or to community agencies.

5.00 Disciplinary Actions

5.10 Students

Students found to be in violation of this policy and the Student Code of Conduct may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcements, or other appropriate agency.

In addition, any student at CSUMB may be expelled, suspended, placed on probation or given a lesser sanction for violating University policies and campus regulations, consistent with procedures set forth in CSU Executive Order 1098, and pursuant to Section 41301 of Title V of the California Code of Regulations.

5.20 Employees [1]

Pursuant to the Drug Free Workplace Act, all employees required, as a condition of their employment, to (a) abide by the terms of this policy, and (b) notify the Office of Human Resources in the event of their criminal drug statute conviction for a violation occurring in the workplace no later than five days after such a conviction. The workplace does not include campus housing that is leased or owned by faculty or staff.

Employees found to be in violation of this policy may be: (a) subject to corrective or disciplinary action up to and including termination and/or (b) at the discretion of the University, be referred to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

Any disciplinary action shall be imposed in a manner consistent with the applicable Collective Bargaining Agreements, CSU policies, and law.

6.00 Continuous Renewal

This policy shall be reviewed seven years from its effective date to determine its effectiveness and appropriateness. This policy may be reviewed before that time as necessary.

s/ President Eduardo M. Ochoa

Effective Date: May 15, 2020

Certification of Process

Reviewed by: Policy Facilitation Team, Human Resources, Administration and Finance, University Advancement, Student Affairs, University Corporation at Monterey Bay, Academic Affairs Council, Associated Students, Educational Planning and Policy Committee, Academic Senate, and Provost.

[1] APC (Unit 4) members refer to MOU dated 4/24/17