FACULTY HANDBOOK July 2009 - Morgan State University

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PAGE 134 * Morgan State University Faculty Handbookclassification” means a classification in which the President hasdetermined that any of the following conditions exist:(1) An employee in the classification has a substantially significantdegree of responsibility for the safety of others and there is apotential that impaired performance of the employee could result indeath of or injury to the employee or to others;(2) An employee in the classification is required to carry a firearm:(3) An employee in the classification is directly involvedin efforts to interdict the flow of narcotics; or(4) An employee in the classification who isdirectly involved with narcotics law enforcement.b. The first time a sensitive employee is convicted of an at-the-workplacealcohol driving offense, or found under the influence of alcohol while at–the-workplace, the employee shall be suspended for fifteen (15) days andrequired to participate successfully in an alcohol treatment programdesignated by Office of Human Resources.c. A sensitive employee convicted of an off-the-workplace alcoholdriving offense, and a non-sensitive employee convicted of anyalcohol driving offense shall:(1) On the first conviction be referred to the Office of HumanResources, and in addition, be subject to any other appropriateate disciplinary action;(2) On the second conviction, at a minimum, be suspended for atleast five (5) days, be referred to the Office of HumanResources, be required to participate successfully in a treatmentprogram, and in addition, be subject to any otherappropriate disciplinary actions, up to and including termination;(3) On the third conviction, be terminated.d. A sensitive employee convicted of any controlled dangeroussubstance offense shall be terminated.e. A sensitive employee who tests positive for a controlled dangeroussubstance as a result of a random drug test shall be suspended forfifteen (15) work days and be required to participate successfully ina drug treatment program designated by The Office of HumanResources.f. A sensitive employee who abuses a legally prescribed drug or an over-thecounterdrug shall, on the first offense:(1) Be suspended for five (5) work days; and(2) Be required to participate successfully in a drugtreatment program designated by the Office of Human Resources.III. APPLICABLE LEGAL SANCTIONS UNDER FEDERAL, STATE ANDLOCAL LAWS RELATING TO ALCOHOL AND DRUG USE.Employees and students at the University are subject to federal, state, and local laws regarding the possession anddistribution of illegal drugs. Federal law states that it is unlawful to possess a controlled dangerous substance,including marijuana, cocaine, LSD, PCP, heroin, designer drugs, etc. ² If the substance is cocaine, or contains acocaine base, the penalty for simple possession is a fine and/or imprisonment from 5 to 20 years.
PAGE 135 * Morgan State University Faculty HandbookFor other illegal drugs, the penalty for simple possession is a fine of at least $1,000.00 and/or imprisonment upto 3 years. The penalties increase if the possession includes intent to manufacture, distribute, or dispense acontrolled substance, especially if done near a public or private elementary, vocational, or secondary school or apublic or private college or university. Additionally, any person who violates this law shall be liable for anamount up to $10,000.00 in civil penalties.In addition to Federal laws, the state of Maryland has its own laws dealing with distribution, manufacturing, andpossession of controlled substances. For instance, any person who unlawfully manufactures or distributes anynarcotic drug may be fined up to $25,000.00 and may be imprisoned for up to 20 years for a first offense.³Employees and students at the University are subject to state and local laws for drinking andobtaining alcohol.4 It is illegal in the State of Maryland for any person under 21 years of ageto obtain alcohol, or to possess alcoholic beverages with the intent to consume them.5 It isalso illegal in most situations to furnish alcohol to person under 21 years of age.6 Thepenalty is a fine of up to $500.00 for a first offense, and up to $1,000.00 for repeat offenses.In addition, state law dictates that it is illegal to possess alcohol in an open container in any parking lot of anyshopping center or retail store, unless given permission by the owner. The penalty is a fine of up to $100.00.7 Itis also illegal to consume alcohol on any public property or highway, unless authorized by the governmentalentity which has jurisdiction over the property, with penalties including a fine of up to $100.00.8Employees and students are also subject to State and local laws governing drinking and driving. A person may notdrive or attempt to drive while intoxicated or under the influence of alcohol. Individuals under 21 years of agewith a blood alcohol level (“B.A.L.”) of only .02 (approximately 1 drink) will be charged with a violation ofrestricted license and result in suspended license until the age of 21 years.¹º Any individual with a B.A.L. of .07or more will result in a violation of Driving While Under the Influence. ¹A B.A.L. of 10 or more will result in aviolation of Driving While Intoxicated.¹²Any of these violations will result in fines, imprisonment, or both. It is unlawful to drivewhile under the influence of any Controlled Dangerous Substances whether or not they areillicit (prescribed or unlawfully obtained).13 A person can still be charged with these violationseven though they possess a driver’s license from another state.___________________________________________________--1"Controlled substances" and "illegal and/or abusive use of drugs" prohibited under thispolicy are those set forth in Schedules I through V in Article 27, part 279 of the AnnotatedCode of Maryland.2Federal Law Title 21 U.S.C. Sections 841 and 844-8453Md. Ann. Code Art.27, Section 2864Md. Ann. Code Art.27, Section 400A5Md. Ann. Code Art.27, Section 400 to 4036Md. Ann. Code Art. 27, Section 401A7Md. Ann Code Art. 2B, Sections 19-301, 19-3028Md. Ann code Art. 2B, Sections 19-203 to 19-204⁹Md. Ann. Code Transportation Art., Section 21-90210 2Md. Ann Code Transportation Art., Section 16-113(b)11Md. Ann. Courts and Judicial Proceedings Art., Section 10-307(d)12Md. Ann. Courts and Judicial Proceedings Art., Section 10-307(2)13Md. Ann Code Transportation Arts., Sections 21-902 (c) (d)
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FACULTY HANDBOOK July 2009 - Morgan State University

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