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Drug Free Schools and Communities Act

The Drug-free Schools and Communities Act Amendments of 1989 (Public Law 101-228) require that, as a condition of receiving any federal funds or forms of financial assistance, colleges and universities must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs or alcohol. The intent of the following information is to fulfill the legal requirements of federal law by providing each employee in the University of Wisconsin-Parkside and student information on institutional drug and alcohol policies, relevant state and federal laws, long-term health effects of substance abuse, and local treatment resources.

Standards of Conduct and University Sanctions Concerning Illicit Drugs and Alcohol

The University of Wisconsin system and the University of Wisconsin- Parkside prohibit the unlawful possession, use, distribution, manufacture or dispensing of illicit drugs and alcohol by students and employees on university property or as part of university activities.

The use or possession of alcoholic beverages is prohibited on university premises, except in residence halls as regulated by policy and as expressly permitted by the Chancellor under institutional regulations, in accordance with s. UWS 18.06(13)(by), Wisconsin Administrative Code. The unlawful use, possession, distribution, manufacture or dispensing of illicit drugs (e.g "Controlled substances" as defined in Chapter 161, Wisconsin Statutes,) is prohibited in accordance with s. UWS 18.10, Wisconsin Administrative Code.

Violation of these provisions by a student may lead to the imposition of disciplinary sanctions, up to and including suspension or expulsion, under s. UWS 17.06(1)(c), Wisconsin Administrative Code. UW- Parkside employees are also subject to disciplinary sanctions for violation of these provisions occurring on university property or the worksite or during work time, up to and including termination from employment. Disciplinary sanctions are initiated and imposed in accordance with procedural requirements of either UWPF Chapter VII-Faculty Rights and Responsibilities for faculty, Chapter 8 or 10 of the Academic staff Policies and Procedures for academic staff, or the appropriate provisions of the current collective bargaining agreement or pertinent civil service regulations for classified staff. Referral for prosecution under criminal law is also possible. Further, violations of ss. UWS 18.06(13) and 18.10, Wisconsin Administrative Code may result in additional penalties as allowed under chapter 18, Wisconsin Administrative Code.

UW- Parkside faculty and classified and unclassified staff who are convicted of any criminal drug statute violation occurring in the workplace must notify their Vice/Assistance Chancellor, dean, director or department chair within 5 days of the conviction if they are employed at the time of the conviction.

University Resources

The University is committed to supporting the health and well-being of its students, employees and their families. To that end it provides the following free services and resources.

The Student Health & Counseling Center offers professional licensed counselors who are also Certified Alcohol and other Drug Abuse counselors for UW-Parkside students. The Center also acts as a resource for faculty and staff who work closely with students and may be the first to notice problem situations. The Center is located in the building east of Tallent Hall. For questions and appointments please call 262-595-2366.

For University employees, UWP provides an important and valuable benefit, the Employee Assistance Program (EAP). The EAP provides a wide variety of assistance to faculty, staff and their families at times of setback or crises. Crites & Associates, a private, consulting, training and EAP organization with EAP professionals has been contracted to provide this service. The program is provided free of charge to the employee. Informational brochures are readily available through Human Resources. The EAP professional will talk with you over the phone or schedule an appointment at your convenience. To use the service simply call 414-545-1160 or 800-742-2858. There is no charge to the employee for this service.

Employee Assistance Service
Crites & Associates

2363 South 102nd St.
Milwaukee, WI, 53227
414-545-1160 or 800-742-2858
http://www.criteseap.com

Community Resources

The Bureau of Substance Abuse Services of the Wisconsin Department of Health and Social Services provides a complete directory of the statewide facilities that provide treatment for alcohol and other drug addiction. The UW-Parkside Student Health and Counseling Center has a copy available for reference. Personal copies of the booklet detailing these resources can be obtained by calling 608-266-2717 or by writing:

Wisconsin Clearing House
315 N. Henry Street
Madison, Wisconsin 53703

Narcotic Abuse Action Help Line & Treatment
1-800-234-0420
Alcohol Abuse Action Help Line & Treatment
1-800-234-0420

Alcohol and Other Drug Council of Kenosha County, Inc.
1115 56th Street
Kenosha, WI, 53140
262-658-8166
Information, Assessment and Referral

Racine Council On Alcohol and Other Drug Abuse
818 6th Street
Racine, WI, 53403
262-632-6200

Ala-non-Kenosha Area
262-257-2415

Ala-non- Racine Area
262-632-6200

AA Hotline
414-554-7788

State of Wisconsin and Federal Legal Sanctions

Wisconsin
The laws of Wisconsin prohibit drug possession and delivery through the Uniform Controlled Substances Act, Wisconsin Statue 961, and mandate stiff penalties that include up to 30 years of prison and fines up to $1,000. A person with a first-time conviction of possession of a controlled substance can be sentenced up to one year in prison and fined up to $5,000, Wisconsin Statute 961.41 (3r)(a). The penalties vary according to the amount of a drug confiscated, the type of drug found, the number of previous offenses by the individual intended to manufacture the drug, sell the drug or use the drug. See Wisconsin Statute 961.41. In addition to the stringent penalties for possession or delivery, the sentence can be doubled when exacerbating factors are present, such as when a person distributes a controlled substance to a minor, Wisconsin 961.46.

Substance restrictions against alcohol abuse also exist in Wisconsin. It is against the law to sell alcohol to anyone who has not reached the legal drinking age of 21 and there is a concurrent duty on the part of an adult to prevent the illegal consumption of alcohol on his/her premises, Wisconsin Statute 125.07(1)(a)(1). Violation of this statute can result in a $500 forfeiture. It is against the law for an underage person to attempt to buy an alcoholic beverage, falsely represent his/her age or enter licensed premise and can be fined $1,250, ordered to participate in a supervised work program, and have their drivers license suspended, Wisconsin Statute 125.07(4). Harsher penalties exist for the retailers of alcoholic beverages, including up to 90 days in jail and revocation of his/her retail liquor permit.

Federal
The federal government has recently revised the penalties against drug possession and trafficking through its Federal Sentencing Guidelines that reduce the discretion that federal judges may use in sentencing offenders of federal drug statutes. Under these guidelines, courts can sentence a person for up to 6 years for unlawful possession of a controlled substance, including the distribution of a small amount (less than 250 grams) of marijuana. A sentence of life imprisonment can result from a conviction of possession of a controlled substance that result in death or bodily injury. Possession of more than 5 grams of cocaine can trigger an intent to distribute penalty of 10-16 years in prison, U.S.S.G.s.2D2.0(b)(1).

900 Wood Road · P.O. Box 2000 · Kenosha, WI 53141-2000 P 262-595-2345

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