The Tobacco, Alcohol, and Drug Policy applies to all students and employees as well as third party users of the University facilities. This policy applies to conduct that occurs on the University campus premises, on or in off-campus buildings or property, and at University-sponsored activities and events.
AdventHealth University (AHU) is committed to the principles of health and healing and providing an environment that is focused on success and safety. The purpose of this policy is to protect the welfare of the members of the University community and the public it serves. In addition, the policy complies with the Drug Free Schools and Communities Act (DFSCA) of 1989 and its implementing regulations which requires AHU to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs for students and employees. This policy will be reviewed biennially to: (a) determine its effectiveness and to implement changes that may be needed; (b) ensure that sanctions are consistently enforced, and (c) meet the stated requirements for compliance with federal regulations.
Alcohol-Free Campus
AdventHealth University believes that the use of alcohol is counterproductive to a successful and safe environment. Therefore, the possession, use, or being under the influence of alcoholic products on any campus premises or during any University-sponsored activity or event is strictly prohibited. Failure to abide by the stated policy will result in disciplinary actions.
Tobacco-Free Campus
Tobacco-related illnesses are a major cause of preventable disease and death. Because of this, AdventHealth University is a tobacco-free environment. The use of tobacco in any form on any campus premises or during any University-sponsored activity or event is prohibited. This includes the use of electronic cigarettes, vaping paraphernalia, and any other devices that simulate the act of smoking. Failure to abide by the stated policy will result in disciplinary actions.
Drug-Free Campus
AdventHealth University is committed to providing a drug-free learning and working environment. The manufacture, distribution, possession, or use of illegal drugs and drug paraphernalia is strictly prohibited. In addition, the intentional misuse of prescription drugs is considered an infraction of this policy. Those who decide to learn and work at AHU agree to submit to random drug testing and are subject to search and surveillance at all times while on the campus premises. Failure to abide by the stated policy will result in disciplinary actions.
Substance Use and Abuse
All students and employees of AHU are expected to remain drug and alcohol free. If at any time there is reasonable suspicion or evidence of drug or alcohol use by a student or employee, a drug or alcohol screening will be performed. All random drug and alcohol tests requested by AHU will be performed at an AdventHealth Centra Care at a location and time determined by the University. Refusal to submit to a drug and/or alcohol test is presumed to be a positive result, and the refusal will be handled in the same manner as any other positive test results.
In addition to this policy, students enrolled and employees working in clinical professional programs are also held to the drug and alcohol standards of their appropriate professional organizations and the healthcare facilities in which they perform clinical services. It is customary for clinical sites to request a drug test prior to a student beginning his or her clinical rotation, and students must adhere to such a request.
It is customary for clinical sites to request a drug test prior to a student beginning his or her clinical rotation, and students must adhere to such a request. If at any time during a student’s clinical experience a clinical faculty or supervising facility has reasonable suspicion or evidence of illegal or inappropriate drug use, the student will be subject to the disciplinary actions outlined by the respective clinical facility, as well as disciplinary actions by AdventHealth University. It is customary for clinical sites to request a drug test prior to a student beginning his or her clinical rotation, and students must adhere to such a request.
If at any time during an employee’s clinical work, a supervising facility has reasonable suspicion or evidence of illegal or inappropriate drug use, the employee will be subject to the disciplinary actions outlined by the respective clinical facility, as well as disciplinary actions by AdventHealth University HR.
Medical and Non-Medical Marijuana Use
The State of Florida’s Compassionate Medical Cannabis Act and the current legislation legalizing cannabis use in Colorado does not change the University’s prohibition regarding the possession, use, provision of, or sale of marijuana or otherwise authorize individuals to use medical marijuana on campus premises and at University-sponsored activities and events. Federal law, including the Drug Free Schools Act, continues to prohibit marijuana. Additional Federal legislation also prohibits any institution of higher education that receives federal funding from allowing the possession and use of marijuana on campus premises and at University-sponsored activities and events. Thus, marijuana possession or use, even if in compliance with the Compassionate Medical Cannabis Act, is prohibited.
Legally Obtained Substances
The use or misuse of any legally obtained substance to render oneself intoxicated or in a state of euphoria is strictly prohibited on campus premises and at University-sponsored activities and events. . Students or employees found under the influence, using, manufacturing, or distributing said substances for this purpose will face disciplinary actions up to and including permanent dismissal/termination.
Drug and Alcohol Testing
While AdventHealth University reserves the right to require a student or employee to submit to a drug or alcohol test for any reason, the three main reasons for testing are found below:
- Suspicion or evidence of drug or alcohol use by a student or employee.
- Students' or employees' names are randomly chosen.
- Required drug/alcohol testing for students or employees working in a clinical environment.
Cost of screening will be paid by AdventHealth University.
Sanctions
Any violation of the Tobacco, Alcohol, and Drug policy is grounds for disciplinary action—up to and including immediate and permanent dismissal or termination. However, the sale, distribution, or manufacturing of drugs will automatically result in immediate and permanent dismissal or termination from AdventHealth University.
Drug and Alcohol Abuse Prevention
AHU provides drug and alcohol abuse education programs that include information on the penalties that can be imposed under Federal, state, and local law for violating their drug and alcohol laws and information on the effects of drug and alcohol abuse on the body:
- Physical, printed information regarding the dangers of drug and alcohol use, as well as resources available to students and employees, can be obtained at the Office of Student Services.
- Information regarding counseling services for substance abuse issues can be found via the AHU main website and the my.AHU.edu student portal.
- Information for anonymous online screenings for students can be found via the my.AHU.edu student portal.
- Referral services for students needing additional assistance can be found at the Office of Mission or by contacting the University Counselor at (407) 303-1870.
AHU will notify all students and employees via their university-issued email accounts of the Drug and Alcohol Abuse Prevention Policies, as part of the annual Campus Safety and Security Report. The AHU Annual Security Report can be found at https://www.ahu.edu/campus/policies-and-campus-safety/campus-safety and is available for viewing online at any time to students, staff, parents, prospective students, and the general public.
In addition, new employees will be provided a copy of the polices during or following New Employee Orientation.
State Regulations
There are substantial legal sanctions pursuant to state or federal law which may be levied against students or employees for the unlawful manufacture, distribution, possession, or use of an illicit drug, controlled substance, tobacco, or alcohol. The law often treats drug offenses as a criminal matter, punishable by substantial fines, imprisonment, or other severe sanctions.
Colorado State Laws Concerning Drugs*, Alcohol, and Tobacco - Colorado Legal Resources Public Access
*AdventHealth University recognizes federal drug laws over those of individual state statutes. Therefore, federal laws and penalties will be followed when there are discrepancies between state and federal law.
Federal Drug Laws and Penalties
The possession, use, or distribution of illegal drugs is prohibited by federal law. There are strict penalties for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction. Complete information of U.S. Federal laws regarding illicit drugs can be found at https://www.law.cornell.edu/uscode/text/21/chapter-13/subchapter-I.
Denial of Federal Benefits - 21 U.S.C. 862
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
Forfeiture of Personal Property and Real Estate - 21 U.S.C. 853
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.
Federal Drug Trafficking Penalties - 21 U.S.C. 841
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe.
If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces a mandatory life sentence and fines ranging up to $8 million.
Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
Federal Drug Possession Penalties
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
University Campus Premises - All properties and buildings, including parking areas, University housing, University vehicles, and all locations where students are acting within the course and scope of their education/and or employment on behalf of AdventHealth University.
Illicit Drugs - Illegal substances such as opium derivatives, hallucinogens (e.g., marijuana, mescaline, peyote, LSD, psilocybin), cocaine, amphetamines, ecstasy, ketamine, codeine, heroin, morphine, and other drugs prohibited by law. This definition does not include lawfully prescribed drugs that are being taken under a physician’s care.
Legally Obtained Substances - Natural or manufactured substances that can be obtained legally and without a prescription and when misused will render the users intoxicated. Examples are: over-the-counter medicines, bath salts, synthetic drugs, aerosols, cocktails of natural plants.
Committees
Committee | Date Voted | Minutes Code |
---|---|---|
Strategic and Operational Planning | Wednesday, March 15, 2023 | 23:08 |