Drug-Free School
1. Purpose
The Drug-Free Schools and Communities Act Amendments of 1989 provides that, as a condition of receiving federal funds under any federal program, a higher education institution must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of drugs and alcohol by students and employees. [1] To comply with this law and further its commitment to support society’s effort to eliminate drug and alcohol abuse, Brigham Young University–Hawaii ("BYU–Hawaii" or "university") has adopted this Drug-Free School Policy to supplement the Church Educational System (CES) Honor Code (“Honor Code.”)
2. Policy
BYU–Hawaii encourages an academic environment that promotes the health, safety, and welfare of all university members. As a condition of enrollment or employment, the university requires that all students and university personnel abide by the Honor Code, which includes a personal commitment to abstain, both on and off campus, from alcoholic beverages, tobacco, tea, coffee, vaping, and substance abuse. The possession, use, or distribution of illegal drugs or alcohol is prohibited.
The university also (i) prohibits the use of kava, e-cigarettes and other electronic smoking or similar devices; (ii) prohibits the manufacture, cultivation, possession, use, sale, or distribution of illicit drugs, including marijuana; and (iii) requires abstaining from the intentional use or distribution of any prescription or legal drugs without specific medical authorization.
These requirements and prohibitions apply to students and university personnel while on or off campus and apply to guests and volunteers while on campus or participating in any university activities.
This Drug-Free School Policy should not be confused with the university’s Drug-Free Workplace Policy, which is designed to comply with the Drug-Free Workplace Act of 1988 and which governs the workplace environment of university personnel engaged in research sponsored by the federal government.
3. Implementation
3.1 Alcohol and Drug Abuse Prevention Program
The university has adopted and implemented an alcohol and drug abuse prevention program for its students and university employees. This program includes annual distribution in writing to each student—regardless of the length of the student’s program of study—and to all employees the following information:
(1) the standard of conduct expected of students and employees in relation to the possession, use, or distribution of drugs and alcohol;
(2) the standard of conduct related to the misuse of prescription drugs, alcohol, and tobacco;
(3) a description of the applicable legal sanctions under state and federal law that may arise from the abuse of alcohol or the unlawful possession or distribution of drugs;
(4) a description of the health risks associated with the abuse of alcohol or the use of illicit drugs;
(5) a description of the university’s substance abuse counseling and treatment resources available to students and employees; and
(6) a clear statement of the disciplinary sanctions that may be imposed upon students and employees for violations of the university’s Drug-Free School Policy.
3.2 Disciplinary Sanctions for Alcohol and Drug Violations
Personnel or students found to be knowingly possessing, using, or distributing illicit drugs, alcohol, or tobacco are subject to university disciplinary action and, if applicable, to legal sanctions pursuant to federal, state, or local law. A student or employee who violates this policy or the related prohibitions on, alcohol, tobacco, vaping, and substance abuse in the Honor Code will be subject to applicable disciplinary sanctions up to and including dismissal from the university or termination of employment.
The university will determine the appropriate sanction(s) on a case-by-case basis and may consider all of the circumstances involved, including, but not limited to, the following factors: (1) whether the violation constitutes a first offense; (2) the scope and duration of the individual’s alcohol or tobacco use, vaping, or substance abuse; (3) whether the individual has requested assistance to obtain substance abuse treatment; and (4) any other efforts the individual has undertaken to correct the misconduct, such as counseling with an ecclesiastical leader. In applicable cases discipline may involve referral to local law enforcement for criminal prosecution.
Individuals involved in the unintentional misuse of prescription drugs are not subject to the sanctions stated in this policy, but rather are encouraged to seek assistance from the university’s services detailed below.
3.3 Available Alcohol, Tobacco, and Drug Counseling and Treatment
The university supports student and personnel participation in programs to prevent alcohol and tobacco use, vaping, use of illegal drugs, and abuse of prescription drugs. The BYU–Hawaii Counseling Services located in the McKay Building Room 181H (808) 675-3999, has been established to provide full-time students and their dependents with initial confidential assistance for drug and alcohol abuse problems. Counselors are experienced professionals who offer support for students in an atmosphere of understanding and confidentiality. Student meetings with Counseling Services counselors are confidential unless there is a threat of harm to self or others, a student reveals abuse of a child or vulnerable adult, or in the case of legal subpoenas. Educational training programs, health information, preliminary evaluations, and counseling for possible referral to an outside medical provider are also available. The Office of Honor (808) 675-3531 and the Human Resources department (808)675-3713 also provide information regarding available professional counseling. Several independent off-campus entities also offer counseling services that are not affiliated with the university or its sponsor, The Church of Jesus Christ of Latter-day Saints. These include the following:
Kahuku Medical Center............................................ (808) 293-9221
Ko’olau Health Center.............................................. (808) 293-9231
Hawaii State Department of Health Access Line...... (808) 832-3100
Alcoholics Anonymous............................................. (808) 946-1438
Narcotics Anonymous.............................................. (808) 734-4357
The general university prevention program of information dissemination, consultation, and referral is available as follows:
- The university educates students and employees about the detrimental effects of illicit drugs, misuse of prescription drugs, alcohol, and tobacco through the university’s Clery Act Annual Security Report (“Security Report”) publication and distribution. Additional educational training may consist of university sponsored workshops, seminars, informational materials, and lectures as determined appropriate by the director of Counseling Services and approved by university administration.
- A description of the health risks associated with any particular drug (i.e., physical and psychological addiction; physical, psychological, and spiritual deterioration; disease; and death) may be obtained from the university’s annual Security Report, which is available online at studentlife.byuh.edu/security/home or can be requested in hard-copy form from Campus Safety & Security.
- The university recognizes that potential legal sanctions may accompany an individual’s use of drugs. The applicable legal sanctions under federal, state, or local law may include significant fines and imprisonment. A summary of applicable legal sanctions from the unlawful use of drugs may be obtained from the university’s Security Report, which can be requested in hard-copy form from Campus Safety & Security.
- Students and personnel involved in intentional alcohol or tobacco use, vaping, or substance abuse may seek a consultative interview through Counseling Services for possible referral to an outside medical provider. All discussions will be handled in a confidential manner to the extent permitted by law.
Personnel and students should cooperatively help one another to solve alcohol, tobacco, vaping, and substance abuse problems. Persons aware of those with substance abuse problems enrolled at or employed by the university are encouraged to act responsibly by consulting with Counseling Services, Human Resources, the Office of Honor, or Campus Safety & Security. Remaining silent or waiting until a situation has escalated is unwise and often dangerous.
3.4 Biennial Drug-Free School Program Review
The university has appointed a standing Alcohol and Drug Abuse Prevention Committee which meets at least once every two years or more often as needed. The committee reviews the university’s alcohol and drug abuse prevention program to determine its effectiveness, implement changes to the program as needed, and confirm that appropriate disciplinary sanctions are consistently enforced against students and employees who violate this policy.
3.5 Applicability
This policy applies to all university students, faculty, employees and volunteers.
4. Related Policies and Procedures
CES Honor Code Policy
Drug-Free Workplace Policy
Disruptive Student Conduct Policy