Drug-Free Workplace Policy
| Applies to: | Date of Last Review: | Approved by: |
|---|---|---|
| All students, faculty and staff | February 3, 2022 | Dr. T. Dwayne McCay, President |
Policy Purpose
The Drug-Free Workplace Act of 1988 requires recipients of federal grants and certain federal contracts to certify that they will provide a drug-free workplace and establish an ongoing drug-free awareness program. The Drug-Free Schools and Communities Act Amendments of 1989 require employers receiving federal financial assistance to adopt and implement a program to prevent the use of illicit drugs and the abuse of alcohol for students and employees.
Policy Scope
In accordance with the provisions of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, all students and employees of Florida Institute of Technology must be advised of their required compliance as a condition for them to be engaged in employment or in the performance of any contract or grant or pursuit of a degree.
Policy Statement
Students and employees must receive information annually regarding standards of conduct, a statement of the disciplinary sanctions that the university will impose for a violation of the standards set forth of conduct, a description of applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs and alcohol, a description of health risks associated with the use of illicit drugs and the abuse of alcohol, and a description of available drug or alcohol counseling or treatment programs that are available.
Procedures/Guidelines
Standards Of Conduct
- Students and employees are prohibited from the illegal use of drugs or alcohol on or off campus.
- Any employee or student under the influence of alcohol and/or drugs will not be allowed on the job while in that condition.
- The sale of alcoholic beverages or consumption of alcoholic beverages outdoors and in public areas is prohibited, except at scheduled events approved by the Office of the Dean of Students.
Florida Institute of Technology is committed to protecting the safety, health and well-being of all students and employees. All students and employees are expected to comply with applicable local, state and federal laws and university policies regarding the possession, use or sale of alcohol and drugs.
The university prohibits the unlawful manufacture, distribution, dispensation, sale, possession or use of any illicit drugs and alcohol by its students or employees on university premises or property or as part of any university activity.
Reasonable Cause Drug and Alcohol Testing
A student or employee may be required to submit to an alcohol/drug test if reasonable suspicion exists to believe that they are under the influence of alcohol or illegal drugs. An employee will be immediately dismissed should they be directed to submit to such a test and refuse or fail to report to the testing facility within the required time allowed. Students and employees who test positive for alcohol or illegal drugs may be referred to the Student Counseling Center or the Employee Assistance Program (EAP) for professional assistance. Employees that refuse such assistance or who fail to follow the treatment outlined for their recovery are subject to dismissal. Students who are directed to submit to such test and refuse or fail to do so when asked are subject to suspension from the university.
Employees who are required to drive university vehicles as an essential job function must notify the Vice President of Human Resources no later than five business days after any conviction for a criminal alcohol driving offense. Employees should notify their supervisor when they are under medically prescribed treatment with a controlled substance that may limit their ability to perform their job. Verification of required medication may be requested by the Office of Human Resources. Failure to provide requested verification may subject the employee to dismissal. Students should notify the Office of the Dean of Students.
Each employee, as a condition of employment, will abide by the policy. In addition, any employee engaged in the performance of a federal grant or contract will, as a condition of employment, notify his or her supervisor no later than five (5) days after any conviction under a criminal drug statute for a violation that occurred in the workplace. When a supervisor is notified by an employee of such a conviction, he or she shall immediately notify the Vice President of Human Resources and the Office of Research and Sponsored Programs. The Office of Research and Sponsored Programs will notify the appropriate federal agency within ten (10) days of receiving notice of such conviction.
Compliance Reference
The Drug-Free Workplace Act of 1988
The Drug-Free Schools and Communities Act Amendments of 1989
Florida Alcohol Laws
The following summarizes some of the Florida state laws relating to alcohol:
Florida Statute 316.193-Driving Under the Influence: A person is guilty of the offense if the person is driving or in actual physical control of a vehicle and has a blood-alcohol level of 0.08 or more.
Any person who is convicted of a violation of 316.193 shall be punished: By a fine of:
- Not less than $500 or more than $1,000 for a first conviction.
- Not less than $1,000 or more than $2,000 for a second conviction; and
By imprisonment for:
- Not more than 6 months for a first conviction.
- Not more than 9 months for a second conviction.
Brevard County Ordinances- Alcoholic Beverages
City of Melbourne Ordinances-Alcoholic Beverages
Florida Statute 562.111 Possession of Alcoholic Beverages
Florida Drug Laws
Under Florida Statute 893.13, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.
The following penalties are involved for violators depending on the classification and amount of drug involved:
| Felony in the first degree | Up to 30 years imprisonment and a $10,000.00 fine |
| Felony in the second degree | Up to 15 years imprisonment and a $10,000.00 fine |
| Felony in the third degree | Up to 5 years imprisonment and a $5,000.00 fine |
| Misdemeanor in the first degree | Up to 1 year imprisonment and a $1,000.00 fine |
| Misdemeanor in the second degree | Up to 60 days imprisonment and a $500.00 fine |
Non-criminal charge - Other fines and civil penalties determined by court
Florida controlled substance list and schedules can be found under Florida Statute 893.03.
Cannabis (Marijuana) Trafficking Thresholds
Under Florida Statute 893.135 (1)(a), the crime of trafficking in cannabis is committed when a person knowingly possesses, sells, purchases manufactures, delivers, or transports 25 pounds or more of cannabis or 300 or more cannabis plants.
If a person is caught trafficking in cannabis, the minimum penalties they face are determined by the following cannabis trafficking thresholds:
- 3 years prison / $25,000 fine
25 to 1,999 pounds of cannabis
- 7 years prison / $50,000 fine
2,000 to 9,999 pounds of cannabis
- 15 years prison / $200,000 fine
10,000 pounds or more of cannabis
Cocaine Trafficking Thresholds
Under Florida Statute 893.135 (1)(b), the crime of trafficking in cocaine is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 28 grams or more of cocaine.
If a person is caught trafficking in cocaine, the minimum penalties they face are determined by the following cocaine trafficking quantity ranges:
- 3 years prison / $50,000 fine
- 7 years prison / $100,000 fine
28 to 199 grams of cocaine
200 to 399 grams of cocaine
- 15 years prison / $250,000 fine
400 grams to 149 kilograms of cocaine
First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.
| Drug/Schedule | Quantity | Penalties | Quantity | Penalties |
|---|---|---|---|---|
| Cocaine (Schedule II) | 500–4999 grams mixture |
First Offense: Not less than 5 years, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual10–99 grams.
Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. |
5 kgs or more mixture |
First Offense: Not less than 10 years and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment.
Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an |
| Cocaine Base (Schedule II) | 28–279 grams mixture | 280 grams or more mixture | ||
| Fentanyl (Schedule II) | 40–399 grams mixture | 400 grams or more mixture | ||
| Fentanyl Analogue (Schedule I) | mixture | 100 grams or more mixture | ||
| Heroin (Schedule I) | 100–999 grams mixture | 1 kg or more mixture | ||
| LSD (Schedule I) | 1–9 grams mixture | 10 grams or more mixture | ||
| Methamphetamine | 5–49 grams pure or | 50 grams or more pure or | ||
| (Schedule II) | 50–499 grams mixture | 500 grams or more mixture | ||
| PCP (Schedule II) | 10–99 grams pure or 100–999 grams mixture | 100 gm or more pure or 1 kg or more mixture | ||
|
Penalties |
||||
|
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) |
Any amount |
First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if not an individual.
|
||
| Flunitrazepam (Schedule IV) | 1 gram | |||
| Other Schedule III drugs | Any amount |
First Offense: Not more than 10 years. If death or serious injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine, not more than $1 million if an individual, $5 million if not an individual. |
||
| All other Schedule IV drugs | Any amount |
First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
||
| Flunitrazepam (Schedule IV) | Other than 1 gram or more | |||
| All Schedule V drugs | Any amount |
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
||
Federal Trafficking Penalties-Marijuana
| Drug | Quantity | 1st Offense | 2nd Offense* |
|---|---|---|---|
| Marijuana (Schedule I) | 1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants | Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. |
Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. |
| Marijuana (Schedule I) | 100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants | Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. |
Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75million if other than an individual. |
| Marijuana (Schedule I) |
More than 10 kgs hashish; 50 to 99 kg marijuana mixture More than 1 kg of hashish oil; 50 to 99 marijuana plants |
Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual. | Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
| Marijuana (Schedule I) |
Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regard- less of weight) 1 to 49 marijuana |
Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. |
Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish (Schedule I) | 10 kg or less | ||
| Hashish Oil (Schedule I) | 1 kg or less |
*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $20 million if an individual and $75 million if other than an individual.
Source: US Department of Justice, Drug Enforcement Agency, Drugs of Abuse: A DEA Resource Guide (2017)
Responsibilities
Resources Related to Alcohol and Drug Abuse Prevention and Assistance
The university recognizes that alcohol and drug abuse and addictions are treatable and that early intervention and support improve the success of rehabilitation. Available resources can be found on campus and within the community for students and employees who are dependent on, or who abuse the use of alcohol or drugs.
For Employees:
Employee Assistance Program (EAP). The EAP provides professional counseling, consultation and information to all employees. Employees may visit with a counselor face to face, online with televideo or get in-the-moment support by phone. Services are free and confidential.
Phone: 1-877-398-5816 or www.resourcesforliving.com
For Students:
Student Counseling Center. The student counseling center provides a variety of confidential high-quality mental health and wellness services to assist students with their overall health, so they can successfully reach their own personal, academic, and career goals.
Phone: 321-674-8050 or http://bdsj.vaftizo.com/student-counseling-center/
Holzer Health Center. The student health center maintains, educates and improves the health and well-being of students with recognition and consideration of cultural differences and developmental level.
Phone: 321-674-8078 or http://bdsj.vaftizo.com/health/
Additional Resources:
Brevard Intergroup 24-hour hotline (321) 724-2247
Enforcement
University Disciplinary Procedures and Sanctions
When an employee is found responsible for violating university policies, the following actions may be taken:
- Mandatory referral to the Employee Assistance Program or requirement to complete a rehabilitation program
- Disciplinary Warning
- Suspension
- Termination
Any university student or employee who violates the alcohol or drug policy is subject to both the university’s sanctions and to criminal sanctions provided by federal, state and local law.
Violations of university policy by students are addressed through the Student Code of Conduct.
Student Handbook | Florida Tech (vaftizo.com)
When a student is found responsible for violating university policies, the following actions may be taken:
- Disciplinary Hold—A change in student status that may preclude student from attendance, registering, altering an academic schedule, receiving transcripts or graduating.
- Fines—A mandatory restitution and/or fines may be levied for any infraction.
- Disciplinary Warning—Issued to indicate that behavior is in violation of university regulations and that continued misconduct or repetition of the behavior may bring more serious consequences.
- Alternative Action—Alternative action may be required as part of a penalty and includes, but is not limited to, sanction in abeyance, educational programming and training, counseling assessment, restriction or loss of privileges, restitution, apology, residential relocation and/or community service. Community service will be unpaid and benefit a charitable or nonprofit organization, including Florida Tech.
- Removal from University Housing—A student’s housing contract is voided and he/she is required to vacate university residential facilities permanently or for a specified period of time. The student receives no refund of housing charges and forfeits the housing deposit.
- Disciplinary Probation—A serious warning that defines a situation where further disciplinary action may result in either suspension or expulsion from the university.
- Disciplinary Suspension—Separation from Florida Tech for a specified period of time and is required to leave the university. Return to campus may occur only with prior notification and approval of the Dean of Students.
- Expulsion—Permanent separation from the university without opportunity for readmission at any time and required to leave the university within the time determined and cannot be on university property without the prior notification and permission of the Dean of Students.
Legal Sanctions
- It is unlawful to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or to permit a person under 21 years of age to consume such beverages on the licensed premises. Florida Statute 562.11
- It is unlawful for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. Florida Statute 316.1936
- It is unlawful for a person under the age of 21 who has a blood-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle. Florida Statute 322.2616